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Page:United States Statutes at Large Volume 90 Part 1.djvu/1440

 90 STAT. 1390

PUBLIC LAW 94-435—SEPT. 30, 1976 EFFECTIVE DATE

15 USC 1311 note. Ante, p. 1384.

SEC. 106. The amendments to the Antitrust Civil Process Act and to section 1505 of title 18, United States Code, made by this title shall take effect on the date of enactment of this Act, except section 3(i)(8) of the Antitrust Civil Process Act (as amended by this Act) shall take effect on the later of (1) the date of enactment of this Act, or (2) October 1, 1976. Any such amendment which provides for the production of documentary material, answers to interrogatories, or oral testimony shall apply to any act or practice without regard to the date on which it occurred. TITLE II—PREMERGER NOTIFICATION NOTIFICATION AND WAITING PERIOD

Filing. 15 USC 18a.

Waiting period.

SEC. 201. The Clayton Act (15 U.S.C. 12 et seq.) is amended by inserting immediately after section 7 of such Act the following new section: "SEC. 7 A. (a) Except as exempted pursuant to subsection (c), no person shall acquire, directly or indirectly, any voting securities or assets of any other person, unless both persons (or in the case of a tender offer, the acquiring person) file notification pursuant to rules under subsection (d)(1) and the waiting period described in subsection (b)(1) has expired, if— " (1) the acquiring person, or the person whose voting securities or assets are being acquired, is engaged in commerce or in any activity affecting commerce; "(2)(A) any voting securities or assets of a person engaged in manufacturing which has annual net sales or total assets of $10,000,000 or more are being acquired by any person which has total assets or annual net sales of $100,000,000 or more; "(B) any voting securities or assets of a person not engaged in manufacturing which has total assets of $10,000,000 or more are being acquired by any person which has total assets or annual net sales of $100,000,000 or more; or "(C) any voting securities or assets of a person with annual net sales or total assets of $100,000,000 or more are being acquired by any person with total assets or annual net sales of $10,000,000 or more; and "(3) as a result of such acquisition, the acquiring person would hold— "(A) 15 per centum or more of the voting securities or assets of the acquired person, or " (B) an aggregate total amount of the voting securities and assets of the acquired person in excess of $15,000,000. In the case of a tender offer, the person whose voting securities are sought to be acquired by a person required to file notification under this subsection shall file notification pursuant to rules under subsection (d). "(b)(1) The waiting period required under subsection (a) shall— "(A) begin on the date of the receipt by the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (hereinafter referred to in this section as the 'Assistant Attorney General') of— "(i) the completed notification required under subsection (a), or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1441

 PUBLIC LAW 94-435—SEPT. 30, 1976 " ( i i) if such notification is not completed, the notification to the extent completed and a statement of the reasons for such noncompliance, from both persons, or, in the case of a tender offer, the acquiring person; and " (B) end on the thirtieth day after the date of such receipt (or in the case of a cash tender offer, the fifteenth d a y), or on such later date as. may be set under subsection (e)(2) or (g)(2). " (2) The Federal Trade Commission and the Assistant Attorney General may, in individual cases, terminate the waiting period specified in paragraph (1) and allow any person to proceed with any acquisition subject to this section, and promptly shall cause to be p u b lished in the Federal Register a notice that neither intends to take any action within such period with respect to such acquisition. " (3) As used in this section— " (A) The term 'voting securities' means any securities which at present or upon conversion entitle the owner or holder thereof to vote for the election of directors of the issuer or, with respect to unincorporated issuers, persons exercising similar functions. " (B) The amount or percentage of voting securities or assets of a person which are acquired or held by another person shall be determined by aggregating the amount or percentage of such voting securities or assets held or acquired by such other person and each affiliate thereof. " (c) The following classes of transactions are exempt from the requirements of this section— " (1) acquisitions of goods or realty transferred in the ordinary course of business; " (2) acquisitions of bonds, mortgages, deeds of trust, or other obligations which are not voting securities; " (3) acquisitions of voting securities of an issuer at least 50 per centum of the voting securities of which are owned by the acquiring person prior to such acquisition; " (4) transfers to or from a Federal agency or a State or political subdivision thereof; " (5) transactions specifically exempted from the antitrust laws by Federal statute; " (6) transactions specifically exempted from the antitrust laws by Federal statute if approved by a Federal agency, if copies of all information and documentary material filed with such agency are contemporaneously filed with the Federal Trade Commission and the Assistant Attorney General; " (7) transactions which require agency approval under section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1 8 2 8 (c)), or section 3 of the B a n k H o l d i n g Company Act of 1956 (12 U.S.C. 1842); " (8) transactions which require agency approval under section 4 of the B a n k H o l d i n g Company Act of 1956 (12 U.S.C. 1843), section 403 or 408(e) of the National Housing Act (12 U.S.C. 1726 and 1730a), or section 5 of the H o m e Owners' Loan Act of 1933 (12 U.S.C. 1464), if copies of all information and documentary material filed with any such agency are contemporaneously filed with the Federal Trade Commission and the Assistant Attorney General at least 30 days prior to consummation of the proposed transaction; " (9) acquisitions, solely for the purpose of investment, of voting securities, if, as a result of such acquisition, the securities

90 STAT. 1391

Waiting period, termination. Publication in Federal Register.

"Voting securities.'

Exempt transactions.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1442

 90 STAT. 1392

Rules. Acquisitions, additional information.

Waiting period, extension.

PUBLIC LAW 94-435—SEPT. 30, 1976 acquired or held do not exceed 10 per centum of the outstanding voting securities of the issuer; "(10) acquisitions of voting securities, if, as a result of such acquisition, the voting securities acquired do not increase, directly or indirectly, the acquiring person's per centum share of outstanding voting securities of the issuer; (11) accfuisitions, solely for the purpose of investment, by any bank, banking association, trust company, investment company, or insurance company, of (A) voting securities pursuant to a plan of reorganization or dissolution; or (B) assets in the ordinary course of its business; and " (12) such other acquisitions, transfers, or transactions, as may be exempted under subsection (d)(2)(B). "(d) The Federal Trade Commission, with the concurrence of the Assistant Attorney General and by rule in accordance with section 553 of title 5, United States Code, consistent with the purposes of this section— "(1) shall require that the notification required under subsection (a) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General to determine whether such acquisition may, if consummated, violate the antitrust laws; and "(2) may— " (A) define the terms used in this section; "(B) exempt, from the requirements of this section, classes of persons, acquisitions, transfers, or transactions which are not likely to violate the antitrust laws; and "(C) prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section. "(e)(1) The Federal Trade Commission or the Assistant Attorney General may, prior to the expiration of the 30-day waiting period (or in the case of a cash tender offer, the 15-day waiting period) specified in subsection (b)(1) of this section, require the submission of additional information or documentary material relevant to the proposed acquisition, from a person required to file notification with respect to such acquisition under subsection (a) of this section prior to the expiration of the waiting period specified in subsection (b)(1) of this section, or from any officer, director, partner, agent, or employee of such person. "(2) The Federal Trade Commission or the Assistant Attorney General, in its or his discretion, may extend the 30-day waiting period (or in the case of a cash tender offer, the 15-day waiting period) specified in subsection (b)(1) of this section for an additional period of not more than 20 days (or in the case of a cash tender offer, 10 days) after the date on which the Federal Trade Commission or the Assistant Attorney General, as the case may be, receives from any person to whom a request is made under paragraph (1), or in the case of tender offers, the acquiring person, (A) all the information and documentary material required to be submitted pursuant to such a request, or (B) if such request is not fully complied with, the information and documentary material submitted and a statement of the reasons for such noncompliance. Such additional period may be further extended only by the United States district court, upon an application by the Federal Trade Commission or the Assistant Attorney General pursuant to subsection (g)(2).

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1443

 PUBLIC LAW 94-435—SEPT. 30, 1976

90 STAT. 1393

" (f) If a proceeding is instituted or an action is filed by the Federal Trade Commission, alleging that a proposed acquisition violates section 7 of this Act or section 5 of the Federal Trade Commission Act, or an action is filed by the United States, alleging that a proposed acquisition violates such section 7 or section 1 or 2 of the Sherman Act, and the Federal Trade Commission or the Assistant Attorney General (1) files a motion for a preliminary injunction against consummation of such acquisition pendente lite, and (2) certifies to the United States district court for the judicial district within which the respondent resides or carries on business, or in which the action is brought, that it or he believes that the public interest requires relief pendente lite pursuant to this subsection— "(A) upon the filing of such motion and certification, the chief judge of such district court shall immediately notify the chief judge of the United States court of appeals for the circuit in which such district court is located, who shall designate a United States district judge to whom such action shall be assigned for all purposes; and "(B) the motion for a preliminary injunction shall be set down for hearing by the district judge so designated at the earliest practicable time, shall take precedence over all matters except older matters of the same character and trials pursuant to section 3161 of title 18, United States Code, and shall be in every way expedited. " (s)(1) -^^y person, or any officer, director, or partner thereof, who fails to comply with any provision of this section shall be liable to the United States for a civil penalty of not more than $10,000 for each day during which such person is in violation of this section. Such penalty may be recovered in a civil action brought by the United States. (2) If any person, or any officer, director, partner, agent, or employee thereof, fails substantially to comply with the notification requirement under subsection (a) or any request for the submission of additional information or documentary material under subsection (e)(1) of this section within the waiting period specified in subsection (b)(1) and as may be extended under subsection (e)(2), the United States district court— " (A) may order compliance; "(B) shall extend the waiting period specified in subsection (b)(1) and as may have been extended under subsection (e)(2) until there has been substantial compliance, except that, in the case of a tender offer, the court may not extend such waiting period on the basis of a failure, by the person whose stock is sought to be acquired, to comply substantially with such notification requirement or any such request; and "(C) may grant such other equitable relief as the court in its discretion determines necessary or appropriate, upon application of the Federal Trade Commission or the Assistant Attorney General. "(h) Any information or documentary material filed with the Assistant Attorney General or the Federal Trade Commission pursuant to this section shall be exempt from disclosure under section 562 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either body of Congress or to any duly authorized committee or subcommittee of the Congress.

15 USC 18,45. 15 USC 1, 2.

Civil penalty,

Compliance,

,

Disclosure exemption,

.^..

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1444

 90 STAT. 1394

15 USC 1311 note.

15 USC 58. Report to Congress. Legislative recommendations.

PUBLIC LAW 94-435—SEPT. 30, 1976 "(i)(1) Any action taken by the Federal Trade Commission or the Assistant Attorney General or any failure of the Federal Trade Commission or the Assistant Attorney General to take any action under this section shall not bar any proceeding or any action with respect to such acquisition at any time under any other section of this Act or any other provision of law. "(2) Nothing contained in this section shall limit the authority of the Assistant Attorney General or the Federal Trade Commission to secure at any time from any person documentary material, oral testimony, or other information under the Antitrust Civil Process Act, the Federal Trade Commission Act, or any other provision of law. "(j) Beginning not later than January 1, 1978, the Federal Trade Commission, with the concurrence of the Assistant Attorney General, shall annually report to the Congress on the operation of this section. Such report shall include an assessment of the effects of this section, of the effects, purpose, and need for any rules promulgated pursuant thereto, and any recommendations for revisions of this section.". EFFECTIVE DATES

15 USC 18a note.

Ante, p. 1390. 15 USC 18a.

SEC. 202. (a) The amendment made by section 201 of this Act shall take effect 150 days after the date of enactment of this Act, except that subsection (d) of section 7A of the Clayton Act (as added by section 201 of this Act) shall take effect on the date of enactment of this Act. TITLE III—PARENS P A T R I A E PARENS PATRIAE ACTIONS BY STATE ATTORNEYS GENERAL

SEC. 301. The Clayton Act is amended by inserting immediately following section 4B the following new sections: li ACTIONS BY STATE ATTORNEYS

15 USC 15c.

15 USC 1-7.

Treble damage awards. eosts. Notice, publication.

GENERAL

"SEC. 4 C. (a)(1) Any attornev general of a State may bring a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of the Sherman Act. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to subsection (b)(2) of this section, and (ii) any business entity. "(2) The court shall award the State as monetary relief threefold the total damage sustained as described in paragraph (1) of this subsection, and the cost of suit, including a reasonable attorney's fee. "(b)(1) In any action brought under subsection (a)(1) of this section, the State attorney general shall, at such times, in such manner, and with such content as the court may direct, cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the circumstances of the case.

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 PUBLIC LAW 94-435—SEPT. 30, 1976 "(2) Any person on whose behalf an action is brought under subsection (a)(1) may elect to exclude from adjudication the portion of the State claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (1) of this subsection. "(3) The final judgment in an action under subsection (a)(1) shall be res judicata as to any claim under section 4 of this Act by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to paragraph (1) of this subsection. "(c) An action under subsection (a)(1) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs. "(d) I n any action under subsection (a)— "(1) the amount of the plaintiffs' attorney's fee, if any, shall be determined by the court; and "(2) the court may, in its discretion, award a reasonable attorney's fee to a prevailing defendant upon a finding that the State attorney general has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.

90 STAT. 1395 Monetary relief, exclusion, ^ Final judgment,

Dismissal or compromise of action, notice. Attorneys' fees.

" M E A S U R E M E N T OF DAMAGES

"SEC. 4 D. In any action under section 4 C (a)(l), in which there 15 USC 15d. has been a determination that a defendant agreed to fix prices in violation of the Sherman Act, damages may be proved and assessed 15 USC 1-7. in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought. DISTRIBUTION OF DAMAGES

"SEC. 4 E, Monetary relief recovered in an action under section 15 USC 15e. 4C (a)(1) shall— "(1) be distributed in such manner as the district court in its discretion may authorize; or "(2) be deemed a civil penalty by the cx)urt and deposited with the State as general revenues; subject in either case to the requirement that any distribution procedure adopted afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief. "ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES

"SEC. 4 F. (a) Whenever the Attorney General of the United States has brought an action under the antitrust laws, and he has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws, he shall promptly give written notification thereof to such State attorney general. "(b) To assist a State attorney general in evaluating the notice or in bringing any action under this Act, the Attorney General of the United States shall, upon request by such State attorney general, make

Notification, 15 USC 15f.

Investigative fi^^S' availability.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1446

 90 STAT. 1396 i *:,

PUBLIC LAW 94-435—SEPT. 30, 1976 available to him, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act. "DEFINITIONS

15 USC 15g.

«SEC. 4 G.

For the purposes of sections 4C, 4D, 4E, and 4F of this

Act: "(1) The term 'State attorney general' means the chief legal officer of a State, or any other person authorized by State law to bring actions under section 4C of this Act, and includes the Corporation Counsel of the District of Columbia, except that such term does not include any person employed or retained on— " (A) a contingency fee based on a percentage of the monetary relief awarded under this section; or ' (B) any other contingency fee basis, unless the amount of the award of a reasonable attorney's fee to a prevailing plaintiff is determined by the court under section 4C(d)(1). "(2) The term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. "(3) The term 'natural persons' does not include proprietorships or partnerships.

-

'

15 USC 15h.

"APPLICABILITT OF PARENS PATRIAE ACTIONS

"SEC. 4 H. Sections 4C, 4D, 4E, 4F, and 4G shall apply in any State, unless such State provides by law for its nonapplicability in such State.". CONFORMING AMENDMENTS

SEC. 302. The Clayton Act (15 U.S.C. 12 et seq.), is amended— (1) in section 4B (15 U.S.C. 15b), by striking out "sections 4 or 4A" and inserting in lieu thereof "section 4, 4A, or 4C"; (2) in section 5(i) (15 U.S.C. 16(i)), by striking out "private right of action" and inserting in lieu thereof "private or State right of action"; and by striking out "section 4" and inserting in lieu thereof "section 4 or 4C"; and (3) by adding at the end of section 16 (15 U.S.C. 26) the following: "In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's fee, to such plaintiff.". CONSOLIDATION

28 USC 1404.

Ante, p. 1394.

SEC. 303. Section 1407 of title 28, United States Code, is amended by adding at the end thereof the following new section: "(h) Notwithstanding the provisions of section 1404 or subsection (f) of this section, the judicial panel on multidistrict litigation may consolidate and transfer with or without the consent of the parties, for both pretrial purposes and for trial, any action brought under section 4C of the Clayton Act. EFFECTIVE DATE

15 USC 15c note.

SEC. 304. The amendments to the Clayton Act made by section 301 of this Act shall not apply to any injury sustained prior to the date of enactment of this Act.

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 PUBLIC LAW 94-435—SEPT. 30, 1976

90 STAT. 1397

SHORT TITLES FOR CERTAIN ANTITRUST LAWS

15 USC 1 note.

SEC. 305. (a) The Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (15 U.S.C. 1 et seq.), is amended by adding immediately after the enacting clause the following: "That this Act may be cited as the 'Sherman Act'.".

(b) The Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 U.S.C. 12 et seq.), is amended by—

(1) inserting "(a)" after "That" in the first section; and

(2) adding at the end of the first section the following new subsection:

"(b) This Act may be cited as the 'Clayton Act'.".

(c) The Act entitled "An Act to promote export trade, and for other purposes", approved April 10, 1918 (40 Stat. 516; 15 U.S.C. 61 et seq.) is amended by adding at the end thereof the following new section:

"SEC. 6. This Act may be cited as the 'Webb-Pomerene Act'.". 15 USC 66.

(d) The Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes", approved August 27, 1894 (28 Stat. 509; 15 U.S.C. 8 et seq.), is amended by adding at the end thereof the following new section:

"SEC. 78. Sections 73, 74, 75, 76, and 77 of this Act may be cited as the 'Wilson Tariff Act'.".

15 USC 8 note.

Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 94-499, No. 94-499, Part 2, No. 94-1343 accompanying H.R. 13489, and No. 94-1373 accompanying H.R. 14580 (all from Comm. on the Judiciary). SENATE REPORT No. 94-803 accompanying S. 1284 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 18, considered and passed House. May 25, 27, 28, June 3, 4, 7-10, considered and passed Senate, amended. Aug. 2, H.R. 13489 and H.R. 14580 considered and passed House. Aug. 24, House agreed to Senate amendment with an amendment. Aug. 27, 30, 31, Sept. 7, 8, Senate agreed to House amendment with an amendment. Sept. 16, House agreed to Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept. 30, Presidential statement.

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 90 STAT. 1398

PUBLIC LAW 94-436—SEPT. 30, 1976

Public Law 94-436 94th Congress An Act Sept. 30, 1976 [H.R. 13325]

Regional Rail Reorganization Act of 1973, amendment.

45 USC 743.

Ante, p. 109.

45 USC 716.

Ante, p. 98.

To amend the Regional Rail Reorganization Act of 1973 to authorize additional appropriations for the United States Railway Association, and for other purposes.

Be it enacted by the Senate aind House of Representatives of the United States of America in Congress assembled, That section 214(c) of the Kegional Kail Reorganization Act of 1973 (45 U.S.C. 724(c)) is amended to read as follows: "(c) ASSOCIATION.—For the period beginning May 1, 1976, and ending September 30, 1977, there are authorized to be appropriated to the Association for purposes of carrying out its administrative expenses under this Act such sums as are necessary, not to exceed $20,000,000. Sums appropriated under this subsection are authorized to remain available until September 30, 1978.". SEC. 2. Section 206(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(d)(5)) is amended by adding at the end thereof the following new sentence: "The Corporation, its Board of Directors, and its individual directors shall not be liable to any party, for money damages or in any other manner, solely by reason of the fact that the Corporation transferred property pursuant to section 303 of this Act to meet the needs of commuter or intercity rail passenger service, except as otherwise provided with respect to the Corporation pursuant to section 303(c)(2) of this Act.". SEC. 3. The first sentence of section 303(c)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743 (c)(5)) is amended to read as follows: "Whenever the special court, pursuant to section 303(b)(1) of this title, orders the transfer or conveyance of rail properties— "(A) designated under section 206(c)(1)(C) or (D) of this Act, to the Corporation or any subsidiary thereof, the United States shall indemnify the Corporation against any costs or liabilities imposed on the Corporation as the result of any judgment entered against the Corporation, with respect to such properties, under paragraph (2) of this subsection; and "(B) to the National Railroad Passenger Corporation, a profitable railroad operating in the region, a State, or any other responsible person (including a governmental entity), the United States shall indemnify such Corporation, railroad, State, or person against any costs or liabilities imposed thereon as the result of any judgment entered against such Corporation, railroad, State, or person under paragraph (3) of this subsection; plus interest on the amount of such judgment at such rate as is constitutionally required.". SEC. 4. Section 206(d) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(d)) is amended by adding at the end thereof the following new paragraph: "(7) Notwithstanding any contrary provision in the options conveyed to the Corporation by railroads in reorganization, or railroads leased, operated, or controlled by a railroad in reorganization, with respect to the acquisition, on behalf of a State (or a local or regional transportation authority) of rail properties designated under section 206(c)(1)(D) of this title, such options shall not be deemed to have expired prior to 7 days after the date of enactment of this paragraph. The exercise by the Corporation of any such option shall be effective if it is made, prior to the expiration of such 7-day period, in the manner prescribed in such options.".

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 PUBLIC LAW 94-436—SEPT. 30, 1976

90 STAT. 1399

SEC. 5. Section 303(e) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(e)) is amended by adding "or which are made Ante, p. 84. at any time to carry out the purposes of title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of section 601(d) Ante, p. 119. of this Act" at the end of the second parenthetical expression between 45 USC 791. "title" and the closing parenthesis. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1124 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-1194 (Comm. on Commerce). CONGRESSIONAL RECORD, VoL 122 (1976): June 7, considered and passed House. Sept. 1, considered and passed Senate, amended. Sept. 17, House concurred in Senate amendments, with amendments. Sept. 20, Senate concurred in House amendments.

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 90 STAT. 1400

PUBLIC LAW 94-437—SEPT. 30, 1976

Public Law 94-437 94th Congress An Act Sept. 30, 1976 [S. 522]

Indian Health Care Improvement Act 25 USC 1601 note. 25 USC 1601.

To implement the Federal responsibility for the care and education of the Indian people by improving the services and facilities of Federal Indian health programs and encouraging maximum participation of Indians in such programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Indian Health Care Improvement Act". FINDINGS

SEC. 2. The Congress finds that— (a) Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government's historical and unique legal relationship with, and resulting responsibility to, the American Indian people. (b) A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services. (c) Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians. (d) Despite such services, the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States. For example, for Indians compared to all Americans in 1971, the tuberculosis death rate was over four and one-half times greater, the influenza and pneumonia death rate over one and one-half times greater, and the infant death rate approximately 20 per centum greater. (e) All other Federal services and programs in fulfillment of the Federal responsibility to Indians are jeopardized by the low health status of the American Indian people. (f) Further improvement in Indian health is imperiled by— (1) inadequate, outdated, inefficient, and undermanned facilities. For example, only twenty-four of fifty-one Indian Health Service hospitals are accredited by the Joint Commission on Accreditation of Hospitals; only thirty-one meet national fire and safety codes; and fifty-two locations with Indian populations have been identified as requiring either new or replacement health centers and stations, or clinics remodeled for improved or additional service; (2) shortage of personnel. For example, about one-half of the Service hospitals, four-fifths of the Service hospital outpatient clinics, and one-half of the Service health clinics meet only 80 per centum of staffing standards for their respective services; (3) insufficient services in such areas as laboratory, hospital inpatient and outpatient, eye care and mental health services, and services available through contracts with private physicians, clinics, and agencies. For example, about 90 per centum of the surgical operations needed for otitis media have not been performed, over 57 per centum of required dental services remain to be provided, and about 98 per centum of hearing aid requirements are unmet; (4) related support factors. For example, over seven hundred housing units are needed for staff at remote Service facilities;

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 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1401

(5) lack of access of Indians to health services due to remote residences, undeveloped or underdeveloped communication and transportation systems, and difficult, sometimes severe, climate conditions; and (6) lack of safe water and sanitary waste disposal services. For example, over thirty-seven thousand four hundred existing and forty-eight thousand nine hundred and sixty planned replace- ment and renovated Indian housing units need new or upgraded water and sanitation facilities. (g) The Indian people's growth of confidence in Federal Indian health services is revealed by their increasingly heavy use of such services. Progress toward the goal of better Indian health is dependent on this continued growth of confidence. Both such progress and such confidence are dependent on improved Federal Indian health services. DECLARATION OF POLICY

SEC. 3. The Congress hereby declares that it is the policy of this 25 USC 1602. Nation, in fulfillment of its special responsibilities and legal obligation to the American Indian people, to meet the national goal of providing the highest possible health status to Indians and to provide existing Indian health services with all resources necessary to effect that policy. DEFINITIONS
 * o

SEC. 4. For purposes of this Act— 25 USC 1603. (a) "Secretary", unless otherwise designated, means the Secretary of Health, Education, and Welfare. (b) "Service" means the Indian Health Service. (c) "Indians" or "Indian", unless otherwise designated, means any person who is a member of an Indian tribe, as defined in subsection (d) hereof, except that, for the purpose of sections 102, 103, and 201 (c)(5), such terms shall mean any individual who (1), irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or (2) is an Eskimo or Aleut or other Alaska Native, or (3) is considered by the Secretary of the Interior to be an Indian for any purpose, or (4) is determined to be an Indian under regulations promulgated by the Secretary. (d) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), 43 USC 1601 which is recognized as eligible for the special programs and services °o*®provided by the United States to Indians because of their status as Indians. (e) "Tribal organization" means the elected governing body of any Indian tribe or any legally established organization of Indians which is controlled by one or more such bodies or by a board of directors elected or selected by one or more such bodies (or elected by the Indian population to be served by such organization) and which includes the maximum participation of Indians in all phases of its activities. (f) "Urban Indian" means any individual who resides in an urban center, as defined in subsection (g) hereof, and who meets one or more

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1452

 90 STAT. 1402

PUBLIC LAW 94-437—SEPT. 30, 1976 of the four criteria in subsection (c)(1) through (4) of this section. (g) " Urban center" means any community which has a sufficient urban Indian population with unmet health needs to w a r r a n t assistance under title V, as determined by the Secretary. (h) " Urban Indian organization" means a nonprofit corporate body situated in an urban center, composed of urban Indians, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities for the purpose of performing the activities described in section 503(a). TITLE I—INDIAN H E A L T H

MANPOWER

PURPOSE

25 USC 1611.

SEC. 101. The purpose of this title is to augment the inadequate number of health professionals serving Indians and remove the multiple barriers to the entrance of health professionals into the Service and private practice among Indians. H E A L T H PROFESSIONS RECRUITMENT PROGRAM FOR INDIANS

Grants.

25 USC 1612.

Application, submittal and approval.

Amount and payment. Appropriation authorization.

SEC. 102. (a) The Secretary, acting through the Service, shall make g r a n t s to public or nonprofit private health or educational entities or Indian tribes or tribal organizations to assist such entities in meeting the costs of— (1) identifying Indians with a potential for education or training in the health professions and encouraging and assisting them (A) to enroll in schools of medicine, osteopathy, dentistry, veterin a r y medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions; or (B), if they are not qualified to enroll in any such school, to undertake such postsecondary education or t r a i n i n g as may be required to qualify them for enrollment; (2) publicizing existing sources of financial aid available to Indians enrolled in any school referred to in clause (1)(A) of this subsection or who are undertaking t r a i n i n g necessary to qualify them to enroll in any such school; or (3) establishing other programs which the Secretary determines will enhance and facilitate the enrollment of Indians, and the subsequent pursuit and completion by them of courses of study, in any school referred to in clause (1)(A) of this subsection. (b)(1) No g r a n t may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe: Provided, That the Secretary shall give a preference to applications submitted by Indian tribes or tribal organizations. (2) The amount of any g r a n t under this section shall be determined by the Secretary. Payments pursuant to grants under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions as the Secretary finds necessary. (c) For the purpose of making payments pursuant to grants under this section, there are authorized to be appropriated $900,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,800,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for such payments such sums as may be specifically authorized by an Act enacted after this Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1453

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1403

H E A L T H PROFESSIONS PREPARATORY SCHOLARSHIP PROGRAM FOR INDIANS

SEC. 103. (a) The Secretary, acting through the Service, shall make Scholarship grants, eligibility scholarship grants to Indians who— (1) have successfully completed their high school education requirements. 25 USC 1613. or high school equivalency; and (2) have demonstrated the capability to successfully complete courses of study in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions. (b) Each scholarship grant made under this section shall be for a Two-year period not to exceed two academic years, which years shall be for limitation. compensatory preprofessional education of any grantee. (c) Scholarship grants made under this section may cover costs of tuition, books, transportation, board, and other necessary related expenses. (d) There are authorized to be appropriated for the purpose of this Appropriation section: $800,000 for fiscal year 1978, $1,000,000 for fiscal year 1979, authorization. and $1,300,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this Act. H E A L T H PROFESSIONS SCHOLARSHIP PROGRAM

SEC. 104. Section 225(i) of the Public Health Service Act (42 U.S.C. 234(i)) is amended (1) by inserting " (1) " after " (i) ", and (2) by adding at the end the following: "(2)(A) In addition to the sums authorized to be appropriated under paragraph (1) to carry out the Program, there are authorized to be appropriated for the fiscal year ending September 30, 1978, $5,450,000; for the fiscal year ending September 30, 1979, $6,300,000; for the fiscal year ending September 30, 1980, $7,200,000; and for fiscal years 1981, 1982, 1983, and 1984 such sums as may be specifically authorized by an Act enacted after the Indian Health Care Improvement Act, to provide scholarships under the Program to provide physicians, osteopaths, dentists, veterinarians, nurses, optometrists, podiatrists, pharmacists, public health personnel, and allied health professionals to provide services to Indians. Such scholarships shall be designated Indian Health Scholarships and shall be made in accordance with this section except as provided in subparagraph (B). '(B)(i) The Secretary, acting through the Indian Health Service, shall determine the individuals who receive the Indian Health Scholarships, shall accord priority to applicants who are Indians, and shall determine the distribution of the scholarships on the basis of the relative needs of Indians for additional service in specific health professions. "(ii) The active duty service obligation prescribed by subsection (e) shall be met by the recipient of an Indian Health Scholarship by service in the Indian Health Service, in a program assisted under title V of the Indian Health Care Improvement Act, or in the private practice of his profession if, as determined by the Secretary in accordance with guidelines promulgated by him, such practice is situated in a physician or other health professional shortage area and addresses the health care needs of a substantial number of Indians. "(C) For purposes of this paragraph, the term 'Indians' has the same meaning given that term by subsection (c) of section 4 of the

Appropriation authorization.

Distribution.

Active duty service obligation. Post, p. 1410.

"Indians.'

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1454

 90 STAT. 1404 Ante, p. 1401.

PUBLIC LAW 94-437—SEPT. 30, 1976 Indian Health Care Improvement Act and includes individuals described in clauses (1) through (4) of that subsection.". I N D I A N H E A L T H SERVICE EXTERN PROGRAMS

25 USC 1614.

Appropriation authorization.

SEC. 105. (a) Ajiy individual who receives a scholarship grant pursuant to section 104 shall be entitled to employment in the Service during any nonacademic period of the year. Periods of employment pursuant to this subsection shall not be counted in determining the fulfillment of the service obligation incurred as a condition of the scholarship grant. (b) Any individual enrolled in a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions may be employed by the Service during any nonacademic period of the year. Any such employment shall not exceed one hundred and twenty days during any calendar year. (c) Any employment pursuant to this section shall be made without regard to any competitive personnel system or agency personnel limitation and to a position which will enable the individual so employed to receive practical experience in the health profession in which he or she is engaged in study. Any individual so employed shall receive payment for his or her services comparable to the salary he or she would receive if he or she were employed in the competitive system. Any individual so employed shall not be counted against any employment ceiling affecting the Service or the Department of Health, Education, and Welfare. (d) There are authorized to be appropriated for the purpose of this section: $600,000 for fiscal year 1978, $800,000 for fiscal year 1979, and $1,000,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this Act. C O N T I N U I N G EDUCATION ALLOWANCES

25 USC 1615.

Appropriation authorization.

SEC. 106. (a) In order to encourage physicians, dentists, and other health professionals to join or continue in the Service and to provide their services in the rural and remote areas where a significant portion of the Indian people resides, the Secretary, acting through the Service, may provide allowances to health professionals employed in the Service to enable them for a period of time each year prescribed by regulation of the Secretary to take leave of their duty stations for professional consultation and refresher training courses. (b) There are authorized to be appropriated for the purpose of this section: $100,000 for fiscal year 1978, $200,000 for fiscal year 1979, and $250,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the purpose of this section such sums as may be specifically authorized by an Act enacted after this Act. TITLE II—HEALTH SERVICES H E A L T H SERVICES

25 USC 1621.

SEC. 201. (a) For the purpose of eliminating backlogs in Indian health care services and to supply known, unmet medical, surgical,

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Page:Hockey, Canada's Royal Winter Game.djvu/68

 It is in the attack on goals that a forward's coolness will assist him. For a man to know what to do, when he is near his opponents' defence, requires thought. The ever-varying changes in conditions and positions prevents a man from having any set line of action in an attack. Every rush is confronted by a different combination of circumstances, and a forward must know, on each separate occasion, the play that is best calculated to effect the desired result. This knowledge is the attribute of an experienced player and must go hand in hand with coolness. Practice teaches a man what to do, coolness enables him to do it.

It is singular, but remarkably true that a forward who could not win even a "green" skating race, can excel as a lightning hockey player. It is one of the ingenious paradoxes of the game, that cannot be explained. A man who can beat another in a race is not necessarily a faster forward than that man. Examples on every team prove the contention. Perhaps the possession of the puck, the excitement of the game, the attraction that an assistant has when skating near him, gives to the man who may not claim distinction as a racer, a power, a speed, that a simple race cannot make him exercise; perhaps the superior science of a player who cannot skate as well as another,


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1455

 PUBLIC LAW 94-437—SEPT. 30, 1976 dental, optometrical, and other Indian health needs, the Secretary is authorized to expend, through the Service, over the seven-fiscal-year period beginning after the date of the enactment of this Act the amounts authorized to be appropriated by subsection (c). Funds appropriated pursuant to this section for each fiscal year shall not be used to offset or limit the appropriations required by the Service under other Federal laAVs to continue to serve the health needs of Indians during and subsequent to such seven-fiscal-year period, but shall be in addition to the level of appropriations provided to the Service under this Act and such other Federal laws in the preceding fiscal year plus an amount equal to the amount required to cover pay increases and employee benefits for personnel employed under this Act and such laws and increases in the costs of serving the health needs of Indians under this Act and such laws, which increases are caused by inflation. (b) The Secretary, acting through the Service, is authorized to employ persons to implement the provisions of this section during the seven-fiscal-year period in accordance with the schedule provided in subsection (c). Such positions authorized each fiscal year pursuant to this section shall not be considered as offsetting or limiting the personnel required by the Service to serve the health needs of Indians during and subsequent to such seven-fiscal-year period but shall be in addition to the positions authorized in the previous fiscal year. (c) The following amounts and positions are authorized, in accordance with the provisions of subsections (a) and (b), for the specific purposes noted: (1) Patient care (direct and indirect): sums and positions as provided in subsection (e) for fiscal year 1978, $8,500,000 and two hundred and twenty-five positions for fiscal year 1979, and $16,200,000 and three hundred positions for fiscal year 1980. (2) Field health, excluding dental care (direct and indirect): sums and positions as provided in subsection (e) for fiscal year 1978, $3,350,000 and eighty-five positions for fiscal year 1979, and $5,550,000 and one hundred and thirteen positions for fiscal year 1980. (3) Dental care (direct and indirect): sums and positions as provided in subsection (e) for fiscal year 1978, $1,500,000 and eighty positions for fiscal year 1979, and $1,500,000 and fifty positions for fiscal year 1980. (4) Mental health: (A) Community mental health services: sums and positions as provided in subsection (e) for fiscal year 1978, $1,300,000 and thirty positions for fiscal year 1979,'and $2,000,000 and thirty positions for fiscal year 1980. (B) Inpatient mental health services: sums and positions as provided in subsection (e) for fiscal year 1978, $400,000 and fifteen positions for fiscal year 1979, and ^600,000 and fifteen positions for fiscal year 1980. (C) Model dormitory mental health services: sums and positions as provided in subsection (e) for fiscal year 1978, $1,250,000 and fifty positions for fiscal year 1979, and $1,875,000 and fifty positions for fiscal year 1980. (D) Therapeutic and residential treatment centers: sums and positions as provided in subsection (e) for fiscal year 1978, $300,000 and ten positions for fiscal year 1979, and $400,000 and five positions for fiscal year 1980. (E) Training of traditional Indian practitioners in mental health: sums as provided in subsection (e) for fiscal year 1978, $150,000 for fiscal year 1979, and $200,000 for fiscal year 1980.

90 STAT. 1405

Employment during sevenfiscal-year period.

Appropriation authorization.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1456

 90 STAT. 1406

Research funds.

Appropriation authorization.

PUBLIC LAW 94-437—SEPT. 30, 1976 (5) Treatment and control of alcoholism among Indians: $4,000,000 for fiscal year 1978, $9,000,000 for fiscal year 1979, and $9,200,000_for fiscal year 1980. (6) Maintenance and repair (direct and indirect): sums and positions as provided in subsection (e) for fiscal year 1978, $3,000,000 and twenty positions for fiscal year 1979, and $4,000,000 and thirty positions for fiscal year 1980. (7) For fiscal years 1981, 1982, 1983, and 1984 there are authorized to be appropriated for the items referred to in the preceding paragraphs such sums as may be specifically authorized by an Act enacted after this Act. For such fiscal years, positions are authorized for such items (other than the items referred to in paragraphs (4)(E) and (5)) as may be specified in an Act enacted after the date of the enactment of this Act. (d) The Secretary, acting through the Service, shall expend directly or by contract not less than 1 per centum of the funds appropriated under the authorizations in each of the clauses (1) through (5) of subsection (c) for research in each of the areas of Indian health care for which such funds are authorized to be appropriated. (e) For fiscal year 1978, the Secretary is authorized to apportion not to exceed a total of $10,025,000 and 425 positions for the programs enumerated in clauses (c)(1) through (4) and (c)(6) of this section. TITLE III—HEALTH FACILITIES CONSTRUCTION AND RENOVATION OF SERVICE FACILITIES

25 USC 1631.

Appropriation authorization.

'

SEC. 301. (a) The Secretary, acting through the Service, is authorized to expend over the seven-fiscal-year period beginning after the date of the enactment of this Act the sums authorized by subsection (b) for the construction and renovation of hospitals, health centers, health stations, and other facilities of the Service. (b) The following amounts are authorized to be appropriated for purposesof subsection (a): (1) Hospitals: $67,180,000 for fiscal year 1978, $73,256,000 for fiscal year 1979, and $49,742,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984, there are authorized to be appropriated for hospitals such sums as may be specifically authorized by an Act enacted after this Act. (2) Health centers and health stations: $6,960,000 for fiscal year 1978, $6,226,000 for fiscal year 1979, and $3,720,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984, there are authorized to be appropriated for health centers and health stations such sums as may be specifically authorized by an Act pTiJir*i'Pfi j-iTI'^^T* i"ni^ Ar*i"

Consultation.

(3) Staff housing:'$1,242,000 for fiscal year 1978, $21,725,000 for fiscal year 1979, and $4,116,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984, there are authorized to be appropriated for staff housing such sums as may be specifically authorized by an Act enacted after this Act. (c) Prior to the expenditure of, or the making of any firm commitment to expend, any funds authorized in subsection (a), the Secretary, acting through the Service shall— (1) consult with any Indian tribe to be significantly affected by any such expenditure for the purpose of determining and, wherever practicable, honoring tribal preferences concerning the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1457

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1407

size, location, type, and other characteristics of any facility on which such expenditure is to be made; and (2) be assured that, wherever practicable, slich facility, not later than one year after its construction or renovation, shall meet the standards of the Joint Committee on Accreditation of Hospitals. CONSTRUCTION OF SAFE WATER AND SANITARY WASTE DISPOSAL FACILITIES

SEC. 302. (a) During the seven-fiscal-year period beginning after the date of the enactment of this Act, the Secretary is authorized to expend under section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the sums a.uthorized under subsection (b) to supply unmet needs for safe water and sanitary waste disposal facilities in existing and new Indian homes and communities. (b) For expenditures of the Secretary authorized by subsection (a) for facilities in existing Indian homes and communities there are authorized to be appropriated $43,000,000 for fiscal year 1978, $30,000,000 for fiscal year 1979, and $30,000,000 for fiscal year 1980. For expenditures of the Secretary authorized by subsection (a) for facilities in new Indian homes and communities there are authorized to be appropriated such sums as may be necessary for fiscal years 1978, 1979, and 1980.-For fiscal years 1981, 1982, 1983, and 1984 for expenditures authorized by subsection (a) there are authorized to be appropriated such sums as may be specifically authorized in an Act enacted after this Act. (c) Former and currently federally recognized Indian tribes in the State of New York shall be eligible for assistance under this section. P R E F E R E N C E TO INDIANS AND INDIAN

25 USC 1632.

Appropriation authorization.

New York Indian tribes, eligibility for assistance.

FIRMS

SEC. 303, (a) The Secretary, acting through the Service, may utilize the negotiating authority of the Act of June 25, 1910 (25 U.S.C. 47), to give preference to any Indian or any enterprise, partnership, corporation, or other tvpe of business organization owned and controlled by an Indian or Indians including former or currently federally recognized Indian tribes in the State of New York (hereinafter referred to as an "Indian firm") in the construction and renovation of Service facilities pursuant to section 301 and in the construction of safe water and sanitary waste disposal facilities pursuant to section 302. Such preference may be accorded by the Secretary unless he finds, pursuant to rules and regulations promulgated by him, that the project or function to be contracted for will not be satisfactory or such project or function cannot be properly completed or maintained under the proposed contract. The Secretary, in arriving at his finding, shall consider whether the Indian or Indian firm will be deficient with respect to (1) ownership and control by Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4) substantive knowledge of the project or function to be contracted for, (5) adequately trained personnel, or (6) other necessary components of contract performance. (b) For the purpose of implementing the provisions of this title, the Secretary shall assure that the rates of pay for personnel engaged in the construction or renovation of facilities constructed Or renovated in whole or in part by funds made available pursuant to this title are not less than the prevailing local wage rates for similar work as determined in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5, known as the Davis-Bacon Act).

25 USC 1633.

construction personnel, pay rates.

40 USC 276a note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1458

 90 STAT. 1408

PUBLIC LAW 94-437—SEPT. 30, 1976 SOBOBA SANITATION

42 USC 2004a.

FACILITIES

SEC. 304. The Act of December 17, 1970 (84 Stat. 1465), is hereby amended by adding the following new section 9 at the end thereof: "SEC. 9. Nothing in this Act shall preclude the Soboba Band of Mission Indians and the Soboba Indian Reservation from being provided with sanitation facilities and services under the authority of section 7 of the Act of August 5, 1954 (68 Stat. 674), as amended by the Act of July 31, 1959 (73 Stat. 267).". TITLE IV - A C C E S S TO H E A L T H SERVICES ELIGIBILITY OF INDIAN H E A L T H SERVICE FACILITIES UNDER MEDICARE PROGRAM

42 USC 1395f, 1395n. 42 USC 1395x.

SEC. 401. (a) Sections 1814(c) and 1835(d) of the Social Security Act are each amended by striking out "No payment" and inserting in lieu thereof "Subject to section 1880, no payment". (b) Part C of title X VIII of such Act is amended by adding at the end thereof the following new section: " I N D I A N H E A L T H SERVICE FACILITIES

Hospital or skilled nursing facility, eligibility for payments.

"SEC. 1880, (a) A hospital or skilled nursing facility of the Indian Health Service, whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 42 USC 1395qq. of the Indian Health Care Improvement Act), shall be eligible for payments under this title, notwithstanding sections 1814(c) and 1835 (d), if and for so long as it meets all of the conditions and requirements for such payments which are applicable generally to hospitals or skilled nursing facilities (as the case may be) under this title. Ineligible "(b) Notwithstanding subsection (a), a hospital or skilled nursing hospital or skilled facility of the Indian Health Service which does not meet all of the nursing facility, conditions and requirements of this title which are applicable gensubmittal of plan erally to hospitals or skilled nursing facilities (as the case may be), for compliance. but which submits to the Secretary within six months after the date of the enactment of this section an acceptable plan for achieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for payments under this title), without regard to the extent of its actual compliance with such conditions and requirements, during the first 12 months after the month in which such plan is submitted. Fund for " (c) Notwithstanding any other provision of this title, payments to improvements. which any hospital or skilled nursing facility of the Indian Health Service is entitled by reason of this section shall be placed in a special fund to be held by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of making any improvements in the hospitals and skilled nursing facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of this title. The preceding sentence shall cease to apply when the Secretary determines and certifies that substantially all of the hospitals and skilled nursing facilities of such Service in the United States are in compliance with such conditions and requirements. "(d) The annual report of the Secretary which is required by secPost, p. 1413. tion 701 of the Indian Health Care Improvement Act shall include Post, p. 1410. (along with the matters specified in section 403 of such Act) a detailed

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1459

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1409

statement of the status of the hospitals and skilled nursing facilities of the Service in terms of their compliance with the applicable conditions and requirements of this title and of the progress being made bysuch hospitals and facilities (under plans submitted under subsection (b) and otherwise) toward the achievement of such compliance.". (c) Any payments received for services provided to beneficiaries 42 USC 1395qq hereunder shall not be considered in determining appropriations for note. health care and services to Indians. (d) Nothing herein authorizes the Secretary to provide services to Services to an an Indian beneficiary with coverage under title X VIII of the Social Indian Security Act, as amended, in preference to an Indian beneficiary beneficiary. 42 USC 1395qq without such coverage. note. 42 USC 1395. SERVICES PROVIDED TO MEDICAID ELIGIBLE INDIANS

SEC. 402. (a) Title X IX of the Social Security Act is amended by adding at the end thereof the following new section: " I N D I A N HEALTH SERVICE FACILITIES

"SEC. 1911. (a) A facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility), whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act), shall be eligible for reimbursement for medical assistance provided under a State plan if and for so long as it meets all of the conditions and requirements which are applicable generally to such facilities under this title. "(b) Notwithstanding subsection (a), a facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility) which does not meet all of the conditions and requirements of this title which are applicable generally to such facility, but which submits to the Secretary within six months after the date of the enactment of this section an acceptable plan for acliieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for reimbursement under this title), without regard to the extent of its actual compliance with such conditions and requirements, during the first twelve months after the month in which such plan is submitted.". (b) The Secretary is authorized to enter into agreements with the appropriate State agency for the purpose of reimbursing such agency for health care and services provided in Service facilities to Indians who are eligible for medical assistance under title X IX of the Social Security Act, as amended. (c) Notwithstanding any other provision of law, payments to which any facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility) is entitled under a State plan approved under title X IX of the Social Security Act by reason of section 1911 of such Act shall be placed in a special fund to be held by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of making any improvements in the facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of such title. The preceding sentence shall cease to apply when the Secretary determines and certifies that substantially all of the health facilities of such Service in the United States are in compliance with such conditions and requirements.

Eligibility for reimbursement. 42 USC 1396J. Ante, p. 1401.

Facilities, submittal of plan for compliance. 42 USC 1396J note.

42 USC 1396] note.

42 USC 1396.

Supra.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1460

 90 STAT. 1410 42 USC 1396J note. Federal medical assistance percentage. 42 USC 1396d.

Ante, p. 1401.

PUBLIC LAW 94-437—SEPT. 30, 1976

(d) Ajiy payments received for services provided recipients hereunder shall not be considered in determining appropriations for the provision of health care and services to Indians. (e) Section 1905(b) of the Social Security Act is amended by inserting at the end thereof the following: "Notwithstanding the first sentence of this section, the Federal medical assistance percentage shall be 100 per centum with respect to amounts expended as medical assistance for services which are received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act).". , REPORT

25 USC 1671 note. 42 USC 1395, 1396.

SEC. 403. The Secretary shall include in his annual report required by section 701 an accounting on the amount and use of funds made available to the Service pursuant to this title as a result of reimbursements through titles X VIII and X IX of the Social Security Act, as amended. TITLE V—HEALTH SERVICES FOR URBAN INDIANS PURPOSE

25 USC 1651.

,

SEC. 501. The purpose of this title is to encourage the establishment of programs in urban areas to make health services more accessible to the urban Indian population. CONTRACTS W I T H URBAN INDIAN

25 USC 1652.

ORGANIZATIONS

SEC. 502. The Secretary, acting through the Service, shall enter into contracts with urban Indian organizations to assist such organizations to establish and administer, in the urban centers in which such organizations are situated, programs which meet the requirements set forth in sections 503 and 504. CONTRACT ELIGIBILITY

25 USC 1653. '

n

SEC. 503. (a) The Secretary, acting through the Service, shall place such conditions as he deems necessary to ejffect the purpose of this title in any contract which.he makes with any urban Indian organization pursuant to this title. Such conditions shall include, but are not limited to, requirements that the organization successfully undertake the following activities: (1) determine the population of urban Indians which are or could be recipients of health referral or care services; (2) identify all public and private health service resources within the urban center in which the organization is situated which are or may be available to urban Indians; (3) assist such resources in providing service to such urban Indians; (4) assist such urban Indians in becoming familiar with and utilizing such resources; (5) provide basic health education to such urban Indians; (6) establish and implement manpower training programs to accomplish the referral and education tasks set forth in clauses (3) through (5) of this subsection; (7) identify gaps between unmet health needs of urban Indians and the resources available to meet such needs;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1461

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1411

(8) make recommendations to the Secretary and Federal, State, local, and other resource agencies on methods of improving health service programs to meet the needs of urban Indians; and (9) where necessary, provide or contract for health care services to urban Indians. (b) The Secretary, acting through the Service, shall by regulation Urban Indian prescribe the criteria for selecting urban Indian organizations with organizations, which to contract pursuant to this title. Such criteria shall, among selection criteria. other factors, take into consideration: (1) the extent of the unmet health care needs of urban Indians in the urban center involved; (2) the size of the urban Indian population which is to receive assistance; (3) the relative accessibility which such population has to health care services in such urban center'; (4) the extent, if any, to which the activities set forth in subsection (a) would duplicate any previous or current public or private health services project funded by another source in such urban center; (5) the appropriateness and likely effectiveness of the activities set forth in subsection (a) in such urban center; (6) the existence of an urban Indian organization capable of performing the activities set forth in subsection (a) and of entering into a contract with the Secretary pursuant to this title; and (7) the extent of existing or likely future participation in the activities set forth in subsection (a) by appropriate health and health-related Federal, State, local, and other resource agencies. OTHER CONTRACT REQUIREMENTS

SEC. 504. (a) Contracts with urban Indian organizations pursuant to this title shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and need not conform to the provisions of the Act of August 24, 1935 (48 Stat. 793), as amended. (b) Payments under any contracts pursuant to this title may be made in advance or by way of reimbursement and in such installments and on such conditions as the Secretary deems necessary to carry out the purposes of this title. (c) Notwithstanding any provision of law to the contrary, the Secretary may, at the request or consent of an urban Indian organization, revise or amend any contract made by him with such organization pursuant to this title as necessary to carry out the purposes of this title: Provided, however, That whenever an urban Indian organization requests retrocession of the Secretary for any contract entered into pursuant to this title, such retrocession shall become effective upon a date specified by the Secretary not more than one hundred and twenty days from the date of the request by the organization or at such later date as may be mutually agreed to by the Secretary and the organization. (d) In connection with any contract made pursuant to this title, the Secretary may permit an urban Indian organization to utilize, in carrying out such contract, existing facilities owned by the Federal Government within his jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance.

25 USC 1654.

49 Stat. 793. 40 USC 270a270d. Contract revision or amendment.

Government facilities, use.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1462

 90 STAT. 1412

PUBLIC LAW 94-437—SEPT. 30, 1976 (e) Contracts with urban Indian organizations and regulations adopted pursuant to this title shall include provisions to assure the fair and uniform provision to urban Indians of services and assistance under such contracts by such organizations. ,

Report to Secretary of the Interior.

25 USC 1655.

Audit.

REPORTS AND RECORDS

SEC. 505. For each fiscal year during which an urban Indian organization receives or expends funds pursuant to a contract under this title, such organization shall submit to the Secretary a report including information gathered pursuant to section 503(a)(7) and (8), information on activities conducted by the organization pursuant to the contract, an accounting of the amounts and purposes for which Federal funds were expended, and such other information as the Secretary may request. The reports and records of the urban Indian organization with respect to such contract shall be subject to audit by the Secretary and the Comptroller General of the United States. AUTHORIZATIONS

25 USC 1656.

SEC. 506, There are authorized to be appropriated for the purpose of this title: $5,000,000 for fiscal year 1978, $10,000,000 for fiscal year 1979, and $15,000,000 for fiscal year 1980. R E VI E W o r PROGRAM

Submittal to Congress. Legislative recommendations.

25 USC 1657.

SEC. 507. Within six months after the end of fiscal year 1979, the Secretary, acting through the Service and with the assistance of the urban Indian organizations which have entered into contracts pursuant to this title, shall review the program established under this title and submit to the Congress his assessment thereof and recommendations for any further legislative efforts he deems necessary to meet the purpose of this title. RURAL H E A L T H PROJECTS

25 USC 1658.

SEC. 508. Not to exceed 1 per centum of the amounts authorized by section 506 shall be available for not to exceed two pilot projects providing outreach services to eligible Indians residing in rural communities near Indian reservations. TITLE VI—AMERICAN INDIAN SCHOOL O F MEDICINE; F E A S I B I L I T Y STUDY FEASIBILITY STUDY

25 USC 1661. Report to Congress.

SEC. 601. The Secretary, in consultation with Indian tribes and appropriate Indian organizations, shall conduct a study to determine the need for, and the feasibility of, establishing a school of medicine to train Indians to provide health services for Indians. Within one year of the date of the enactment of this Act the Secretary shall complete such study and shall report to the Congress findings and recommendations based on such study.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1463

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1413

TITLE VII—MISCELLANEOUS REPORTS

SEC. 701. The Secretary shall report annually to the President and Report to the the Congress on progress made in effecting the purposes of this Act. President and Within three months after the end of fiscal year 1979, the Secretary Congress. shall review expenditures and progress made under this Act and make 25 USC 1671. recommendations to the Congress concerning any additional authorizations for fiscal years 1981 through 1984 for programs authorized under this Act which he deems appropriate. In the event the Congress enacts Program review, legislation authorizing appropriations for programs under this Act submittal to for fiscal years 1981 through 1984, within three months after the end Congress. of fiscal year 1983, the Secretary shall review programs established or assisted pursuant to this Act and shall submit to the Congress his assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Indians, and insure a health status for Indians, which are at a parity with the health services available to, and the health status, of the general population. REGULATIONS

SEC. 702. (a)(1) Within six months from the date of enactment of Consultation. this Act, the Secretary shall, to the extent practicable, consult with 25 USC 1672. national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this Act. (2) Within eight months from the date of enactment of this Act, Publication in the Secretary shall publish proposed rules and regulations in the Fed- Federal Register. eral Register for the purpose of receiving comments from interested parties. (3) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this Act. (b) The Secretary is authorized to revise and amend any rules or Rules or regulations promulgated pursuant to this Act: Provided, That, prior regulations, to any revision of or amendment to such rules or regulations, the proposed revision Secretary shall, to the extent practicable, consult with appropriate or amendment; publication in national or regional Indian organizations and shall publish any pro- Federal Register. posed revision or amendment in the Federal Register not less than sixty days prior to the effective date of such revision or amendment in order to provide adequate notice to, and receive comments from, other interested parties. PLAN OF IMPLEMENTATION

SEC. 703. Within two hundred and forty days after enactment of Submittal to this Act, a plan will be prepared by the Secretary and will be sub- Congress. mitted to the Congress. The plan will explain the manner and schedule 25 USC 1673. (including a schedule of appropriation requests), by title and section, by which the Secretary will implement the provisions of this Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1464

 90 STAT. 1414

PUBLIC LAW 94-437—SEPT. 30, 1976 LEASES WITH INDIAN TRIBES

25 USC 1674.

SEC. 704. Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this Act, to enter into leases with Indian tribes for periods not in excess of twenty years. AVAILABILITY OF FUNDS

25 USC 1675.

SEC. 705. The funds appropriated pursuant to this Act shall remain available until expended. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1026 pt. I and 94-1026 part IV (Comm. on Interior and Insular Affairs), No. 94-1026 pt. II (Comm. on Ways and Means), and No. 94-1026 pt. Ill (Comm. on Interstate and Foreign Commerce) all accompanying H.R. 2525. SENATE REPORT No. 94-133 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): May 16, considered and passed Senate. Vol. 122 (1976): July 30, considered and passed House, amended, in lieu of H.R. 2525. Sept. 9, Senate concurred in House amendment with an amendment. Sept. 16, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 40: Oct. 1, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1465

 PUBLIC LAW 94-438—SEPT. 30, 1976

Public Law 94-438 94th Congress

90 STAT. 1415

Joint Resolution Sept. 30. 1976

Making supplemental appropriations for the Department of Defense for the repair and replacement of facilities on Guam damaged or destroyed by Typhoon Pamela, and for other purposes.

1H.J.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the period ending September 30, 1976, the fiscal year ending September 30, 1977, and for other purposes, namely:

Supplemental appropriation, 1977.

Res. 1096]

DEPARTMENT OF D E F E N S E, MILITARY RESTORATION OF FACILITIES ON GUAM, DEFENSE

For replacement, repair, and restoration of supplies, equipment, and facilities on Guam, for the period ending September 30, 1976, $122,033,000, and in addition, $30,900,000, of which $20,861,000 shall be derived by transfer from "Military Personnel, Navy, 1976", $3,700,000 shall be derived by transfer from "Military Personnel, Army, 1976" and $6,339,000 shall be derived by transfer from "Military Personnel, Air Force, 1976", to be immediately available, to be transferred as follows: "Operation and maintenance. Navy," $19,960,000; "Operation and maintenance, Air Force," $10,940,000; "Military construction, Navv," $65,699,000; "Military construction. Air Force," $25,843,000; "Family housing. Defense," $30,491,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed the 42 USC 1594a-l. following amounts; For the Navy and Marine Corps: Construction, $12,250,000; For the Air Force: Construction, $18,241,000; Provided, That amounts provided for construction shall remain available until expended: Provided further, That amounts provided for operation and maintenance shall be transferred, in whole or in part, to the designated appropriations which are available for obligation through September 30, 1976, or, to the extent obligations cannot be incurred as of September 30, 1976, for the purpose of this resolution, to fiscal year 1977 successor appropriations, to be merged with and to be available for the same purposes and for the same time period as the appropriation to which transferred.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1466

 90 STAT. 1416

PUBLIC LAW 94-438—SEPT. 30, 1976 DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CONSTRUCTION AND REHABILITATION

l^i

Anxe, p. 1211.

For an additional amount for "Construction and Rehabilitation," for the fiscal year 1977, $200,000,000, to remain available until expended: Provided, That this aaditional amount may be made available without reimbursement: Provided further, That this appropriation is for the payment of claims for damages to or loss of property, personal injury, or death proximately resulting from the failure on June 5, 1976, of the Teton River Dam, in accordance with Public Law 94-400 and such rules and regulations of the Secretary of the Interior as may be necessary and proper for the purpose of administering such claims and of determining the amounts to be allowed pursuant to this appropriation and the persons entitled to receive the same: Provided further, That nothing herein shall be construed to impose any liability on the United States or to allow for payment of claims that are paid or payable from any other source, public or private.

DEPARTMENT OF THE TREASURY CLAIMS AND JUDGMENTS

For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in House Document Numbered 94—603, Ninety-fourth Congress, $46,951,838, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: Provided, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That, unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act. UNITED STATES POSTAL SERVICE PAYMENT TO THE POSTAL SERVICE FUND

For an additional amount for "Payment to the Postal Service Fund" for fiscal year 1976 and for the period July 1, 1976, through September 30, 1976, $500,000,000, to remain available until expended. GENERAL SERVICES ADMINISTRATION REFUNDS UNDER RENEGOTIATION ACT

For necessary expenses to carry out Section 201(f) of the Renegotiation Act of 1951 (50 U.S.C. App. 1231 (f)), for the fiscal year 1977, $1,000,000, to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1467

 PUBLIC LAW 94-438—SEPT. 30, 1976 EXPENSES, PRESIDENTIAL

90 STAT. 1417

TRANSITION

For an additional amount to carry out the provisions of the Presidential Transition Act of 1963, as amended (3 U.S.C. 102, Note), $2,100,000, to remain available until September 30, 1977. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1603 (Comm. on Appropriations) and No. 94-1717 (Coram. on Conference). SENATE REPORT No. 94-1301 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 2 1, considered and passed House. Sept. 28, considered and passed Senate, amended. Sept. 30, House and Senate agreed to conference report and resolved amendments in disagreement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1468

 90 STAT. 1418

PUBLIC LAW 94-439—SEPT. 30, 1976

Public Law 94-439 94th Congress An Act Sept. 30, 1976 [H.R. 14232]

Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977. Department of Labor Appropriation Act, 1977.

Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes, n a m e l y: TITLE I—DEPARTMENT OF LABOR EMPLOYMENT AND T R A I N I N G ADMINISTRATION PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $69,774,000, together with not to exceed $30,887,000 which may be expended from the Employment Security Administration account in the Unemployment T r u s t F u n d, and of which $5,598,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001-2003. EMPLOYMENT AND TRAINING ASSISTANCE

For expenses necessary to carry into effect the Comprehensive 29 USC 801 note. Employment and T r a i n i n g Act of 1973, as amended, and sections 326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951 and 1961) and sections 236, 237, and 238 of the Trade Act of 1974, (19 19 USC 2296, U.S.C. 2101) $3,311,830,000, plus reimbursements, to remain available 2297, 2298. until September 30, 1978: Provided, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities and for the purchase of real property for t r a i n i n g centers as authorized by the Comprehensive Employment and T r a i n i n g Act of 1973, as amended, (29 U.S.C. 801 et seq.). COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 42 USC 3056. 42 USC 3056d.

To carrv out title IX of the Older Americans Act, as amended, $90,600,000, of which $75,300,000 shall be for section 906(a)(1). FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

5 USC 8501 et seq.

19 USC 2291.

For payments during the current fiscal year of benefits and allowances to unemployed Federal employees and ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, of trade adjustment benefit payments and allowances, as provided by law (19 U.S.C. 1941-1944 and 1952; part I, subchapter B, chapter 2, title II of the Trade Act of 1974), and of unemployment assistance as authorized by title II of the Emergency Jobs and Unemployment Assistance

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1469

 PUBLIC LAW 94-439—SEPT. 30, 1976

90 STAT. 1419

Act of 1974, as amended, $860,000,000, together with such amounts 26 USC 3304 as may be necessary to be charged to the subsequent appropriation note, for payments for any period subsequent to September 15 of the current year: Provided, That, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the cost of benefits for ex-Postal Service employees: Provided further, That amounts received during the current fiscal year from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the year. GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERA'ICES

For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49n; 39 U.S.C.'3202(a)(1)(E)); Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001-2013); title III of the Social Security Act, as amended (42 U.S.C. 501-503); sections 312(e) and (g) of the Comprehensive Employment and Training Act of 1973, as amended; and necessary 29 USC 882. administrative expenses for carrying out 5 U.S.C. 8501-8523,19 U.S.C. 1941-1944, 1952, and chapter 2, title II, of the Trade Act of 1974, 19 USC 2271 including upon the request of any State, the payment of rental for et seq. space made available to such State in lieu of grants for such purpose, $89,100,000, together with not to exceed $1,412,700,000, which may be expended from the Employment Security Administration account in • the Unemployment Trust Fund and of which $239,800,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in • the number of unemployment insurance claims filed and claims paid '; or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic grant was based, which cannot be provided for by normal budgetary adjustments: Provided, That any por• tion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund, as authori;^ed by sections 905(d) and 1203 of the Social Security Act, as amended, and for nonrepayable advances to the "Federal unemploy- 42 USC 1105, ment benefits and allowances" account, to remain available until 1323. September 30, 1978, $5,000,000,000. LABOR-MANAGEMENT SERVICES ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the Labor-Management Administration, $48,319,000.

Services

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1470

 90 STAT. 1420

,1;

PUBLIC LAW 94-439—SEPT. 30, 1976 PENSION BENEFIT GUARANTY CORPORATION

The Pension Benefit Guaranty Corporation is authorized to make such expenditures within limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program through September 30, 1977 for such corporation. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES

33 USC 939, 944.

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $92,952,000, together with $250,000 which may be expended from the Special Fund in accordance with Sections 39(c) and 44(j) of the Longshoremen's and Harbor Workers' Compensation Act. SPECIAL BENEFITS

30 USC 901. 5 USC 8101 «^*«960 Stat. 679. 57 Stat. 494.

33 USC 910. I

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, and title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head "Civilian War Benefits" in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, $317,818,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1977. Whenever the Secretary of Labor finds it will promote the achievement of the above activities, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for hearing examiners appointed under 5 U.S.C. 3105: Provided, That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such activities. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

'

SALARIES A N D E X P E N S E S

For necessary expenses for the Occupational Safety and Health Administration, $130,333,000, of which not to exceed $9,000,000 shall be available for reimbursement to States under section 7(c)(1) of

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1471

 PUBLIC LAW 94-439—SEPT. 30, 1976

90 STAT. 1421

the Occupational Safety and Health Act of 1970 (29 U.S.C. 656(c)(1)) for the furnishing of consultation services to employers under section 21(c) of such Act (29 U.S.C. 670(c)): Provided, That none of the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for first instance violations of any standard, rule, or regulation promulgated under the Occupational Safety and Health Act of 1970 (other than serious, will- 29 USC 651 note, ful, or repeated violations under section 17 of the Act) resulting from 29 USC 666. the inspection of any establishment or workplace subject to the Act, unless such establishment or workplace is cited, on the basis of such inspection, for 10 or more violations: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation and employs 10 or fewer employees. BUREAU or LABOR STATISTICS SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $73,018,000, of which $5,614,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements. DEPARTMENTAL MANAGEMENT SALARIES AND EXPENSES

For necessary expenses for departmental management and $1,393,000 for the President's Committee on Employment of the Handicapped, $49,182,000, together with not to exceed $1,305,000, to be derived from the Employment Security Administration account. Unemployment Trust Fund.

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SPECIAL FOREIGN CURRENCY PROGRAM

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $70,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such agency for payments in the foregoing currencies. GENERAL PROVISIONS

SEC. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes. This title may be cited as the "Department of Labor Appropriation Citation of title. Act, 1977".

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