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 PUBLIC LAW 95-288—JUNE 5, 1978

92 STAT. 283

$449,500 is authorized for expenditures incurred in the fiscal year ending June 30, 1976, and $737,600 for the period July 1, 1976" through September 30, 1976, for unemployment compensation as required by the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946), as amended (title 46, ch. 3, D.C. Code, 1973 Edition). PUBLIC SAFETY

Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year); $263,771,000, of which $5,530,400 shall be payable from the revenue sharing trust fund, and $4,000,000 shall be payable from funds to be received under Title II, Public Works Employment Act (Public Law 94-369), as amended: Provided, That the Police Department is author- 42 USC 6721. ized to replace not to exceed twenty-fiv^e passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds threefourths the cost of the replacement: Provided further, That $700,000 of the funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 93-412) for fiscal year 1978 shall be available D.C. Code for obligations incurred under that Act in fiscal year 1975, fiscal year 11-2601 note. 1976, and fiscal year 1977: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That $100,000 shall be available for the third party custody program. For an additional amount for "Public safety", fiscal year 1977, $2,151,000. EDUCATION"

Education, including the development of national defense education programs, $264,679,200, of which $7,722,800 shall be payable from the revenue sharing trust fund, and $4,000,000 shall be payable from funds to be received under Title II, Public Works Employment Act (Public Law 94-369), as amended: Provided, That the District of Columbia 42 USC 6721. Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further. That not to exceed $1,000 for the Superintendent of Schools and $2,000 for the President of the University of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That not less than $21,814,000 of this appropriation shall be transferred to the Teachers' Eetirement P'und, in accordance with the provisions of section 7 of the Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31-727): Provided further. That not less than $5,392,000 of this appropriation shall be used exclusively for maintenance of the public schools. For an additional amount for "Education", fiscal year 1977, $2,800,000: Provided, That not less than $14,605,000 of the amount appropriated for fiscal year 1977 shall be transferred to the Teachers' Retirement Fund in accordance with the provisions of section 7 of the Act of August 7, 1946 (60 Stat. 879, as amended; D.C. Code, sec. 31-727).

39-194 O—80—pt. 1

22: QL3

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 92 STAT. 284

PUBLIC LAW 95-288—JUNE 5, 1978 RECREATION

Kecreation, $17,551,000, of which $208,200 shall be payable from the revenue sharing trust fund. HUMAN RESOURCES

42 USC 1396.

Human resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $283,462,300, of which $6,520,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit, and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $25.18 per diem: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title X IX of the Social Security Act, shall not exceed the amount for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title X IX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia: Provided further, That $15,134,700 of this appropriation shall be available for care and treatment of the mentally ret^irded at Forest Haven: Provided further, That authorization is hereby provided to the Government of the District of Columbia to fund the Special Education tuition grants and increased bed capacity at D.C. Village out of funds heretofore appropriated to such Government for fiscal year 1977, but not to exceed $391,000 for tuition grants and $1,095,500 for D.C. Village. TRANSPORTATION

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor and purchase of twenty passenger-carrying vehicles, of which eleven shall be for replacement only, $59,713,900, of which $6,262,300 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles: Provided further, That $704,300 of the amount for. interest payments on Metrorail revenue bonds appropriated for fiscal year 1977 shall be available for the District of Columbia's share of the Metrorail operating subsidy for fiscal year 1978. For an additional amount for "Transportation", fiscal year 1977, $1,309,100: Provided, That $968,900 of the amount appropriated for fiscal year 1976 and $3,034,200 of the amount appropriated for the period July 1, 1976 through September 30, 1976, for the Metrobus operating subsidy shall be available for the District of Columbia's share of the Metrobus operating subsidy for- fiscal year 1977: Provided further, That $428,100 of the funds available for interest payments on Metrorail revenue bonds shall be available for the District of Columbia's share of the Metrorail operating subsidy.

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


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 PUBLIC LAW 95-288—JUNE 5, 1978

92 STAT. 285

ENVIRONMENTAL SERVICES

Environmental services, $68,191,900, of which $1,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. PERSONAL SERVICES

For pay increases and related costs, to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1978 from which employees are properly payable, $65,549,400. For an additional amount for "Personal services", fiscal year 1977, $435,300. SETI'LEMENT or CLAIMS AND SUITS

For an additional amount for "Settlement of claims and suits", fiscal year 1977, $58,000. REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in conipliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended; and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198), as amended; the District of Columbia Appropriation Act, 1976, Public Law 94-333; and the District of Columbia Appropriation Act, 1977, Public Law 94-446, including interest as required thereby, $125,668,500: Provided, That there is hereby appropriated from the funds of the District of Columbia $9,900,000, without fiscal year limitation, for the purposes of the sinking fund established by section 6(a) of the District of Columbia Stadium Act of 1957, as amended. CAPITAL OUTLAY

For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110), July 2, 1954 (68 Stat. 443), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, mcluding building improvement and alteration and treatment of grounds; to remain available until expended, $129,173,400: Provided, That none of the funds appropriated for the Washington Civic Center shall be obligated until the Subcommittees on the District of Columbia Appropriations of the House of Representatives and the Senate have approved the plan submitted by the Mayor and the City Council for the Washington Civic

D.C. Code 43-1540 note, ^^7^^^^ "*'*^' ^^ p, 2-1727 D.C.Code9-220. D.c! Code 43-1623. D.C. Code 9-220 "ote and 47-241 "°*^90 sm" 1490 D.C. Code 2-1724.

•.',« » D.C. Code 43-1510. ^f\^?.fn ,02 7 133. ^Q Code9-220 D!C! Code 40-804. D.C. Code 1-1443.

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 92 STAT. 286

D.C. Code 7- 135 note.

PUBLIC LAW 95-288—JUNE 5, 1978 Center, of which $531,000 shall be available for fiscal year 1974, $586,000 shall be available for fiscal year 1975, $572,000 shall be available for fiscal year 1976, $158,000 shall be available for the period July 1, 1976 through September 30, 1976, and $653,000 shall be available for fiscal year 1977, for obligations incurred pursuant to the Act of July 2, 1954 (68 Stat. 443): Provided, That. $13,031,400 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account "Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24-99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90-495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on September 30, 1979, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further. That none of the funds appropriated for the construction of the University of the District of Columbia shall be obligated until the Mayor, the City Council and House and Senate Committees on Appropriations have approved the consolidated master plan for the construction of the University of the District of Columbia. GENERAL PROVISIONS—DISTRICT OF COLUMBIA

Funds, maximum specified amounts.

SEC. 201. Except as otherwise provided in this title herein, all vouchers covering expenditures of appropriations contained in this title shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 202. Whenever in this title an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 203. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privatelyowned conveyances used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents per mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $715 each per annum may be authorized or approved by the Mayor.

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 PUBLIC LAW 95-288—JUNE 5, 1978 SEC. 204. Appropriations in this title shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor. SEC. 205. Appropriations in this title shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 206. Appropriations in this title shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed. SEC. 207. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title X II of the District of Columbia Income and Franchise Tax Act of 1947, as amended. SEC. 208. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to (jualify for Federal assistance under the Act of July 31, 1968 (Public Law 90^45). SEC. 209. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 210. No part of any funds appropriated by this title shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor of the District of Columbia, Chief of Police, and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor of the District of Columbia, Chief of Police, and Fire Chief). No part of any funds appropriated by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor of the District of Columbia. SEC. 211. Not to exceed 41/^ per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 212. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000.

92 STAT. 287

D.C. Code 7-701 note. Refunds and judgments.

D.C. Code 47-1586J. Public assistance. D.C. Code 3-204 note. D.C. Code 3-204. 42 USC 3801 note. Fiscal year limitation. D.C. Code 40-501a note.

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 92 STAT. 288 Number of employees. D.C. Code 1-216 note.

Experts and consultants. Budget, transmittal to Congress. Short title.

PUBLIC LAW 95-288—JUNE 5, 1978 SEC. 213. Appropriations in this title shall not be available, during the fiscal year ending September 30, 1978, for the compensation of any person appointed— (1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 36,000; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 214. No funds appropriated m this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during nonschool hours. SEC. 215. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor. SEC. 216. The annual budget for the District of Columbia government for fiscal year 1979 shall be transmitted to the Congress by not later than February 1, 1978. This Act may be cited as the "District of Columbia Appropriation Act, 1978". Approved June 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-596 (Comm. on Appropriations). SENATE REPORT No. 95-439 (Comm. on Appropriations). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 16, considered and passed House. Oct. 4, considered and passed Senate, amended. Vol. 124 (1978): May 16, House agreed to conference report and concurred in Senate amendments with amendments. May 23, Senate agreed to conference report and concurred in House amendments.

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text: Narrative of a Voyage Round the World (Belcher)/Annotated/Volume 1/Chapter 1


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 PUBLIC LAW 95-289—JUNE 5, 1978

92 STAT. 289

Public Law 95-289 95th Congress An Act To remove the limitation on the amount authorized to be appropriated under the Volunteers in the National Forests Act of 1972.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558d) is amended by striking out ", but not more than $100,000 shall be appropriated in any one year". SEC. 2. The amendment made by this Act to the Volunteers in the National Forests Act of 1972 shall become eflfective October 1, 1978. Approved June 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1180 (Coram, on Agriculture). SENATE REPORT No. 95-671 (Coram, on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 124 (1978): Mar. 8, considered and passed Senate. May 22, considered and passed House.

June 5, 1978 [S. 23701

Volunteers in the National Forests Act of 1972, amendment. Effective date. 16 USC 558d note.

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 92 STAT. 290

PUBLIC LAW 9 5 - 2 9 0 — J U N E 5, 1978

Public Law 95-290 95th Congress An Act June 5, 1978 [H.R. 11662] Lowell National Historical Park, ^**®'

16 USC 410cc.

To provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

FINDINGS AND PUKPOSE

SECTION 1. (a) The Congress finds that — (1) certain sites and structures in Lowell, Massachusetts, historically and culturally the most significant planned industrial city in the United States, symbolize in physical form the Industrial Revolution; (2) the cultural heritage of many of the ethnic groups that immigrated to the United States during the late nineteenth and early twentieth centuries is still preserved in Lowell's neighborhoods; (3) a very large proportion of the buildings, other structures, and districts in Lowell date to the period of the I n d u s t r i a l Revolution and are nationally significant historical resources, including the five-and-six-tenths-mile power canal system, seven original mill complexes, and significant examples of early housing, commercial structures, transportation facilities, and buildings associated with labor and social institutions; and (4) despite the expenditure of substantial amounts of money by the city of Lowell and the Commonwealth of Massachusetts for historical and cultural preservation and interpretation in Lowell, the early buildings and other structures in Lowell may be lost without the assistance of the Federal Government. (b) I t is the purpose of this Act to preserve and interpret the nationally significant historical and cultural sites, structures, and districts in Lowell, Massachusetts, for the benefit and inspiration of present and future generations by implementing to the extent practicable the recommendations in the report of the Lowell Historic Canal District Commission. DEFINITIONS

16 USC 410CC-1.

SEC. 2. For purposes of this Act— (1) the term " p a r k " means the Lowell National Historical P a r k, established by section 101(a)(1) of this Act; (2) the term "preservation district" means the Lowell Historic Preservation District, established b}^ section 1 0 1 (a)(1) of this Act; (3) the term "Commission" means the Lowell Historic Preservation Commission established by section 301(a) of this Act; (4) the term "Secretary" means the Secretary of the Interior; and (5) the term "report of the Lowell Historic Canal District Commission" means the report submitted to the Congress by the Lowell Historic Canal District Commission pursuant to an Act entitled " A n Act to provide for a plan for the preservation, inter-

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 PUBLIC LAW 95-290—JUNE 5, 1978

92 STAT. 291

pretation development and use of the historic, cultural, and architectural resources of the Lowell Historic C^anal District in Lowell. Massachusetts, and for other purposes", approved January 4, 1975 (88 Stat. 2330). 16 USC 461 note. TITLE I—ESTABLISHMENT OF PARK AND PRESERVATION DISTRICT '

ESTABLISHMENTS; BOUXDARIES

SEC. 101. (a)(1) To carry out the purpose of this Act, there is established as a unit of the National Park System in the city of Low-ell, Massachusetts, the Lowell National Historical Park. There is further established in an area adjacent to the park the Lowell Historic Preservation District, which will be administered by the Secretary and by the Commission in accordance with this Act. The boundaries of the park and preservation district shall be the boundaries depicted on the map entitled "Lowell National Historical Park, Massachusetts", dated March 1978, and numbered "Lowe-80,008A". Such map shall be on file and available for inspection in the office of the National Park Service, Department of the Interior, and in the office of the city clerk, city of Lowell. (2) The Secretary shall publish in the Federal Register, as soon as practicable after the date of the enactment of this Act, a detailed description and map of the boundaries established under paragraph (1) of this subsection. (b) The Secretary may make minor revisions of the park and preservation district boundaries established under subsection (a)(1) of this section, after- consulting with the Commission and the city manager of Lowell, by publication of a revised drawing or other boundary description in the Federal Register; but no w'aters, lands, or other property outside of the park or preservation district boundaries established under such subsection may be added to the park or preservation district without the consent of the city manager of Lowell and the city council of Lowell. A boundary revision made vmder this subsection shall be effective only after timely notice in writing is given to the Congress.

16 USC 410cc-ll.

Publication in Federal Register,

Notice to Congress.

("<>s>PEKATION OF FEDERAL AGENCIES

SEC. 102. (a) Any Federal entity conducting or supporting activities 16 USC 410CC-12. directly affecting the park or preservation district shall— (1) consult with, cooperate with, and to the maximum extent practicable, coordinate its activities with the Secretary and with the Commission; and (2) conduct or support such activities in a manner which (A) to the maximum extent practicable is consistent with the standards and criteria established pursuant to section 302(e) of this Act, and (B) will not have an adverse effect on the resources of the park or preservation district. (b) No Federal entity may issue any license or permit to any person to conduct an activity within the park or preservation district unless such entity determines that the proposed activity will be conducted in a manner consistent with the standards and criteria established pursuant to section 302(e) of this Act and will not have an adverse effect on the resources of the park or preservation district.

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 92 STAT. 292

PUBLIC LAW 95-290—JUNE 5, 1978 AUTHORIZATION OP APPROPRIATIONS

16 USC 410CC-13.

Report to Congress.

SEC. 103. (a) There are authorized to be appropriated such sums as may be necessary to carry out this Act, except that— (1) the total of the amounts authorized to be appropriated for the purpose of acquisition and development under the park management plan established pursuant to section 201(b) of this Act and emergency assistance under section 205(a)(1) of this Act shall not exceed $18,500,000; and (2) the total of the amounts authorized to be appropriated for the purpose of carrying out section 302(b)(2) of this Act, for the payment of grants and loans under section 303 of this Act, for the acquisition of property under section 304 of this Act, and for carrying out any transportation program and any educational and cultural program described in section 302(c) of this Act shall not exceed $21,500,000. (b) No funds shall be authorized pursuant to this section prior to October 1, 1978. (c) Funds appropriated under subsection (a) of this section shall remain available until expended. (d)(1) Within 60 days after the date of the enactment of this Act, and on each subsequent October 1 and March 1, the Secretary shall submit to the Congress a statement certifying the aggregate amount of money expended by the Commonwealth of Massachusetts, the city of Lowell, and by any nonprofit entity for activities in the city of Lowell consistent with the purpose of this Act during the period beginning on January 1, 1974, and ending on the date such statement is submitted. (2) The aggregate amount of funds made available by the Secretary to the Commission from funds appropriated under subsection (a)(2) of this section may not exceed the amount certified by the Secretary in the most recent statement submitted to the Congress under paragraph (1) of this subsection. SPENDING LIMITATIONS

16 USC 410CC-14.

SEC. 104. Notwithstanding any other provision of this Act, no authority to enter into agreements or to make payments under this Act shall be effective except to the extent, or in such amounts, as may be provided in advance in appropriation Acts. TITLE II—ROLE O F THE SECRETARY PARK MANAGEMENT PLAN

Report to Congress.

16 USC 410CC-21.

SEC. 201. (a) The Secretary shall submit a statement to the Congress, within two yeare after the date on which funds are made available to carry out this Act, which— (1) reports on the progress that the Secretary has made in acquiring the properties identified under section 202 of this Act, and describes the way the Secretary intends to use these properties; (2) identifies the properties within the park and preservation district respecting which the Secretary has entered into or intends to enter into agreements relating to interpretive exhibits or programs under section 203(a) of this Act; (3)(A) reports on the progress of the Secretary in leasing a portion of the Lowell Manufacturing Company, located on

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 PUBLIC LAW 95-290—JUNE 5, 1978 Market Street, for the purpose of establishing a visitors' center in close proximity to parking and other transportation facilities, and (B) identifies any other property within the park which the Secretary has leased or intends to lease for purposes of the park; (4) reports any other activities which the Secretary has taken or intends to take to carry out the purpose of this Act; and (5) contains a tentative budget for the park and preservation district for the subsequent five fiscal years. (b)(1) Not later than three years after the date on which funds are made aA^ailable to cany out this Act, the Secretary shall establish and submit to the Congress a park management plan containing the information described in subsection (a) of this section. Such plan shall, upon request, be available to the public. (2) After consulting with the Commission, the city numager of Lowell, and the (commonwealth of Massachusetts, the Secretary may make revisions in the park management plan established pursuant to paragraph (1) of this subsection by publication of such revisions in the Federal Register. A revision made under this paragraph shall be effective 90 days after ^vritton notice of the revision is submitted to the Congress.

92 STAT. 293

Plan, submittal to Congress. Availability to public. Publication in Federal Register.

Notice to Congress.

A('QUISIT10N OF PROPERTY

SEC. 202. (a)(1) The Secretary is authorized to acquire the prop- 16 USC erties designated in paragraph (2) of this subsection, or any interest 410CC-22. therein, by donation, purchase with donated or appropriated funds, ccndcmnation, or otherwise. Any property or interest therein owned by the Commonwealth of Massachusetts or any political subdivision thereof may be acquired only by donation. The Secretary may initiate condemnation proceedings under this paragraph only after making every reasonable effort to acquire property through negotiations and purchase, and considtin'^ with the Commission (if established) and the city founcil of Lowell. (2) The properties referred to in paragraph (1) of this subsection are the following: (A) The Linus Childs House, 63 Kirk Street. (B) The IT and H Paper Company (commonly referred to as Boott Mill Boarding House), 42 French Street. (C) Old City Hall, 226 Merrimack Street. (D) Merrimack (iratehouse, 269 Merrimack Street. ( K) The Wannalancit Textile Company, 562 Suffolk Street. (F) The structures containing the Jade Pagoda and Solomon's Yard Goods, 210 and 200 Merrimack Street, (b) Until the date on which the Commission conducts its first meeting, the Secretary may acquire any property within the park or preservation district not designated in subsection (a)(2) of this section, or any interest therein, if such property— (1) is identified in the report of the Lowell Historical Canal District Commission as a property which should be preserved, I'estored, managed, developed, or maintained in a manner consistent with the purpose of this Act; (2) is listed in the National Register of Historic Places, as maintained by the Secretary pursuant to section 101(a) of the Act entitled "An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes", approved October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled "An xAct to provide for the preservation of historic American sites, buildings, objects, and

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 92 STAT. 294

PUBLIC LAW 95-290—JUNE 5, 1978 antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 462); or (3) is determined by the Secretary to be of national significance; and would be subject to demolition or major alteration in a manner inconsistent with the purposes of this Act unless acquired by the Secretary. Such property may be acquired only as provided in subsection (a)(1) of this section. (c) The Secretary may acquire easements within the park for the purpose of carrying out this Act. Such easements may be acquired only as provided in subsection (a)(1) of this section. AGREEMEXTS AND TECHNICAL ASSISTANCE

16 USC 410CC-23.

Regulations.

SEC. 203. (a) The Secretary may enter into agreements with any owner of property with national historic or cultural significance within the park to provide for interpretive exhibits or programs. Such agreements shall provide, whenever appropriate, that— (1) the public may have access to such property at specified, reasonable times for purposes of viewing such property or the exhibits or attending the programs established by the Secretary under this subsection; and (2) the Secretary may make such minor improvements to such property as the Secretary deems necessary to enhance the public use and enjoyment of such property, exhibits, and programs. (b)(1) The Secretary shall provide, upon request, technical assistance to— (A) the city of Lowell to assist the city in establishing regulations or laws consistent with the standards and criteria established pursuant to section 302(e) of this Act; and (B) the Commission to assist the Commission in establishing the index and the standards and criteria required by section 302 of this Act. (2) The Secretary may provide to any owner of property within the park or preservation district, the Commission, the Commonwealth of Massachusetts, the city of Lowell, and any other Federal entity or any institution such technical assistance as the Secretary considers appropriate to carry out the purpose of this Act. W I T H H O L D I N G OF FUNDS

16 USC 410CC-24.

SEC. 204. The Secretary may refuse to obligate oi- expend any money appropriated for the purposes described in section 103(a)(1) of this Act or section 103(a)(2) of this Act if the Secretary determines that— (a) the city of Lowell has failed to establish regulations or laws consistent with the standards and criteria established pursuant to section 302(e^ of this Act within one year after the date such standards and criteria have been established, except that the Secretary may extend such one-year periotl for not more than six months if the Secretary determines that the city has made a good faith effort to establish such regulations or laws; (b) the city of Lowell has failed to notify the Commission of (1) applications for building pennits or zoning variances respecting any property which is included in the index established pursuant to section 302(d) of this Act, or (2) any proposals of the city of Lowell to change the regulations or laws described in paragraph (c)(1) of this subsection;

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92 STAT. 295

(c)(1) during the period before the city of Lowell has established regulations or laws consistent with the standards and criteria established pursuant to section 302(e) of this Act, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such standards and criteria; (2) after the city of Lowell has established the regulations or laws described in subparagraph (1) of this paragraph, the city of Lowell has granted any building permit or zoning variance or has taken any other action respecting any property within the park or preservation district, which either the Secretary or the Commission consider to be inconsistent with such regulations or laws; or (d) the Commission has not made good faith efforts to (1) provide for the preservation, restoration, management, development, or maintenance of property within the park and preservation district or (2) carry out the park preservation plan approved under section 302 of this Act. GENERAL ADMIICISTRATIVE FUXCTIOXS

SEC. 205. (a)(1) The Secretary, acting through the National Park 16 USC Service, shall take appropriate actions to implement to the extent 410CC-25. practicable the park management plan established pursuant to section 201(b) of this Act. In carrying out such plan, the Secretary shall Rules and administer the park in accordance with laws, rules, and regulations regulations. applicable to the national park system. Before the date on which the Commission conducts its first meeting, the Secretary may take any other action the Secretary deems necessary to provide owners of property with national historic or cultural significance within the park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this Act. (2) Subject to sections 204 and 302(b) of this Act, the Secretary Funds, shall make available to the Commission any funds appropriated under availability. section 103(a)(2) of this Act for the purpose of carrying out title TTI of this Act. (b) Notwithstanding any other provisions of law% the Secretary may accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of implementing the park management plan. (c) The Secretary may sponsor or coordinate within the park and preservation district such educational or cultural programs as the Secretary considers appropriate to encourage appreciation of the resources of the park and preservation district. (d) The Secretary may acquire such leases respecting property within the park as may be necessary to carry out the purpose of this Act. TITLE III—ROLE OF THE COMMISSION ESTABLISHMENT OF LOWELL HISTORIC PRESERVATION COMIMISSTOX

SEC. 301. (a) There is established within the Department of the 16 USC Interior a commission to be known as the Lowell Historic Preservation 410cc-31. Commission which shall administer the preservation district and provide certain services within the park in accordance with this title. The Members.

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 92 STAT. 296

Terms of office.

PUBLIC LAW 95-290—JUNE 5, 1978 Commission shall consist of fifteen members appointed by the Secretary as follows: (1) Three members who are members of the city council of Lowell, appointed from recommendations made by the mayor of Lowell. (2) Three members appointed from reconnnendations made by the city manager of Lowell of persons who are representative of organized labor, the business coinmvmity, local neighborhoods, and cultural institutions, and who are not elected officials. (3) One member appointed from reconnnendations made by the president of the University of Lowell. (4) Three members appointed from recommendations made by the Governor of the Commonwealth of Massachusetts. (5) One member appointed from recommendations made by the Secretary of Commerce and who shall be an employee of the Department of Commerce. (6) One member appointed from recommendations made by the Secretary of Transportation and who shall be an employee of the Department of Transportation. (7) One member appointed from recommendations made by the Secretary of Housing and Urban Development and who shall be an employee of the Department of Housing and Urban Development. (8) Two members who are qualified to serve on the Commission because of their familiarity with programs of the Department of the Interior involving national parks and historic preservation and who shall be an employee of the Department of the Interior. (b) If any member of the Conunission who was appointed to the Commission under paragraph (1) or (4) of subsection (a) of this section as a member of the city council of Lowell or any other government leaves that office, or if any member of the Commission who was appointed from persons who are not elected officials of any government becomes an elected official of a government, such person may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such person leaves that office or becomes such an elected official, as the case may be. (c)(1) Except as provided in paragraph (2) of this subsection, niembers shall be appointed for terms of two years. A member may be reappointed only three times unless such member was originally appointed to fill a vacancy pursuant to subsection (e)(1) of this section, in which case such member may be reappointed four times. (2) Of the members first appointed pursuant to subsection (a) of this section, the following shall be appointed for terms of three years; (A) The members appointed pursuant to paragraphs (2), (3), and (8) of such subsection. (B) One of the members appointed pursuant to paragraph (4) of such subsection, as designated by the Secretary at the time of appointment upon recommendation of the Governor. (d) The chairman of the Commission shall be elected by the members of the Commission. The term of the chairman shall be two years. (e)(1) Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (2) Any member appointed to fill a vacancy shall serve for the remainder of the term for which his predexiessor was appointed. Any member may serve after the expiration of his term for a period not longer than thirty days.

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(f) Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) The Commission shall meet at least once each month, at the call of the chairman or a majority of its members. (h)(1) Except as provided in paragraph (2) of this subsection, members of the Commission shall each be entitled to receive $100 for each day (including travel time) during which they are engaged in the performance of the duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States, the city of Lowell, or the Commonwealth of Massachusetts shall receive no additional pay on account of their service on the Commission. (3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the (xovernment service are allowed expenses under section 5703 of title 5 of the United States Code. (i) The Commission established pursuant to this Act, shall cease Termination, to exist ten years from the date of enactment of this Act. PARK PRESERVATION PLAN AND INDEX

SEC. 302. (a)(1) Within one year after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a draft park preservation plan meeting the requirements of subsection (c) of this section. The Secretary shall review the draft park preservation plan and, within ninety days after the date on which such plan is submitted to the Secretary, suggest appropriate changes in such plan to the Commission. (2) Within eighteen months after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a park preservation plan which meets the requirements of subsection (c) of this section. The Secretary shall, within ninety days after the date on which such plan is submitted to the Secretary, approve or disapprove such plan. The Secretary may not approve such plan unless the Secretary determines that such plan would adequately carry out the purpose of this Act. (3) If the Secretary disapproves a park preservation plan, the Secretary shall advise the Commission of the reasons for such disapproval together with the recommendations of the Secretary for I'evision of such plan. Within such period as the Secretary may designate, the Commission shall submit a revised park preservation plan to the Secretary. The Secretary shall approve or disapprove any revised park preservation plan in the same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan. (4) If the Secretary approves a park preservation plan, the Secretary shall publish notice of such approval in the Federal Register and shall forward copies of the approved plan to the Congress. (5) Any park preservation plan or draft plan submitted to the Secretary under this subsection shall, upon request, be available to the public. (6) No changes other than minor revisions may be made in the approved park preservation plan without the approval of the Secretary. The Secretary shall approve or disapprove any proposed change in the approved park preservation plan, except minor revisions in the

16 USC 410cc-32.

Publication in Federal Register. Availability to public.

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 92 STAT. 298

Funds, availability.

PUBLIC LAW 95-290—JUNE 5, 1978 same manner as required in paragraph (2) of this subsection for the approval or disapproval of the original park preservation plan. (b)(1) Except as provided in paragraph (2) of this subsection, the Secretary shall not make any funds available to the Commission to carry out section 303 or 304 of this Act until a park preservation plan has been approved under subsection (a) of this section. (2) Before a park preservation plan is approved under subsection (a) of this section, the Secretary may make available to the Commission such funds as the Commission may request to carry out any activity specified in paragraph (3) of this section. However, no funds shall be made available under this paragraph unless a proposal describing such activity is reviewed and approved by the Secretary. (3) The Commission may request funds from the Secretary to— (A) carry out activities to preserve, restore, manage, develop, or maintain any property identified in subsection (c)(1) of this section: (B) take any action the Commission considers necessary to provide owners of property with national historical or cultural significance within the park or preservation district with emergency assistance for the purpose of preserving and protecting their property in a manner consistent with the purpose of this Act; or (C) acquire in accordance with section 304 of this Act, any property within the park which— (i) is identified in the report of the Lowell Historic Canal District Commission as a property which should be preserved, restored, managed, developed, or maintained in a manner consistent with the purpose of this Act; (ii) is listed in the Xational Register of Historic Places, as maintained by the Secretary pursuant to section 101(a) of the Act entitled "An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes", approved October 15, 1966 (16 U.S.C. 470a), and section 2(b) of the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 462); or (iii) is determined by the Secretary to be of national significance; and would be subject to demolition or major alteration in a manner inconsistent with the purpose of this Act unless acquired by the Commission. (c) Any plan submitted to the Secretary under subsection (a) of this section shall— (1) describe the manner in which the Commission, to the extent practicable in accordance with the recommendations in the report of the Lowell Historic Canal District Commission, proposes to provide for the preservation, restoration, management, development, or maintenance of— (A) the Welles Block, 169 Merrimack Street; (B) the Jordan Marsh Company Building, 153 Merrimack Street and 15 Kirk Street; (C) the Yorick Club, 91 Dutton Street; (D) the Lowell Gas Light Company, 22 Shattuck Street; (E) St. Anne's Church and Rectory, 237 Merrimack Street; (F) Lowell Institution for Savings, 18 Shattuck Street;

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92 STAT. 299

(G) the Ahepa Building, 31 Kirk Street; (H) Boott Mill, Foot of John Street; (I) Lowell Manufacturing Company on Market Street; J and (J) the structure commonly referred to as the Early Residence, 45, 47, and 49 Kirk Street; (2) identify the properties included in the index established pursuant to subsection (d) of this section; (3) identify the properties which the Commission intends to acquire under section 304 of this Act and specify how such properties shall be used; (4) include the standards and criteria established pursuant to subsection (e) of this section; (5) provide a detailed description of the manner in which the Commission intends to implement the grant and loan programs under section 303 of this Act, including information relating to the estimated amount of such grants and the manner in which such grants shall be awarded by the Commission; (6) provide for a transportation program by which the Commission shall provide, directly or by agreement with any person or any public or private entity, transportation services and facilities for park and preservation district visitors, including barge equipment, docking facilities, and local rail facilities; (7) provide for educational and cultural programs to encourage appreciation of the resources of the park and preservation district; and (8) include a tentative budget for the subsequent five fiscal years. (d) The Commission shall establish, within one year after the date Index, on which the Commission conducts its first meeting, an index which includes— (1) any property in the park or preservation district (except for any property identified in section 201(a)(2) of this Act) which should be preserved, restored, managed, developed, maintained, or acquired by the Commission because of its national historic or cultural significance; and (2) any property which should be preserved, restored, managed, developed, or maintained in a manner compatible with the purpose of this Act because of its proximity to (A) any property referred to in paragraph (1) of this subsection, or (B) any property designated in section 201(a)(2) of this Act. The index may be modified only by a majority vote of the members of the Commission, taken when a quorum is present. (e)(1) The Commission shall establish standards and criteria Standards and applicable to the construction, preservation, restoration, alteration, and criteria, use of all properties within the preservation district with the advice of the Commonwealth of Massachusetts and of the Secretary, and the consent of the city manager of Lowell. (2) The Commission shall establish the standards and criteria described in paragraph (1) of this subsection for any property within the park with the advice of the Commonwealth of Massachusetts and the city manager of Lowell and subject to the review and approval of the Secretary. (3) The Commission shall establish standards and criteria under paragraphs (1) and (2) of this subsection within one year after the date on which the Commission conducts its first meeting. Such stand-

39-194 O—80—pt. 1

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 92 STAT. 300

Publication in Federal Register.

PUBLIC LAW 95-290—JUNE 5, 1978 ards and criteria may be revised in the same manner in which they were originally established. (4) The Secretary shall publish the standards and criteria established mider paragraphs (1) and (2) of this subsection, and any revisions thereof, in the Federal Register. LOANS, GRANTS, AND TECHNICAL ASSISTANCE

16 USC 410CC-33.

SEC. 803. (a) The Commission may make loans to the I^well Development and Financial Corporation (established under chapter 844 of the Massachusetts General Laws and hereinafter referred to as the "corporation") to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 302(d)(1) of this Act. The Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the following terms: (1) The loan to the corporation shall have a maturity of thirty-five years. At the end of such period, the corporation shall repay to the Secretary of the Treasury (in a lump sum) for deposit in the general fund of the Treasury the full amount of the loan and any additional amounts accruing to the corporation pursuant to this subsection excepting those amounts expended by the corporation for reasonable administrative expenses. (2) The money received from the Conunission, and any interest earned on such money, may be obligated by the corporation only for low interest loans made under paragraphs (6) and (7) of this subsection, except that the corporation may use such money to the extent the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or insurance. (3) Within five years after receiving the loan from the Commission, the corporation shall make loans under paragraphs (6) and (7) of this subsection which, in the aggregate, obligate the full amount of money received from the Commission (minus any amount required to satisfy the costs desci-ibed in paragraph (2) of this subsection). (4) As loans made under paragraphs (6) and (7) of this subsection are repaid, the corporation shall make additional loans under such paragraphs with the money made available for obligation by such repayments. (5) The corporation shall make available to the Commission and to the Secretary, upon request, all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. (6) Before the corporation approves any application for a low interest loan for which money has been made available to the corporation by the Commission, the corporation shall require the prospective borrower to furnish the corporation with a statement from the Commission stating that the Commission has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with— (A) the standards and criteria established pursuant to section 302(e) of this Act, and (B) the goals of the park preservation plan approved under section 302(a) of this Act. .,,..

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 PUBLIC LAW 95-290—JUNE 5, 1978 (7) Xhe corporation may approve any application for a low interest loan which meets the terms and conditions prescribed by the corporation with the approval of the Commission and for which money has been made available to the corporation by the Commission if— (A) the prospective borrower furnishes the corporation with the statement described in paragraph (6) of this subsection; (B) the corporation determines that such borrower has sufficient financial resources to repay the loan; and (C) such borrower satisfies any other applicable credit criteria established by the corporation. In order to determine whether the corporation has complied with this subsection, the Commission, or such other appropriate person or entity as the Commission may designate, shall conduct an audit at least once every two years of all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. If the Commission determines, after conducting a hearing on the record, that the corporation has substantially failed to comply with this subsection, the outstanding balance of any loan made to the corporation under this subsection shall become payable in full upon the demand of the Commission. (b)(1) The Commission may make grants to owners of property described in section 302(d)(1) of this Act for the preservation, restoration, management, development, or maintenance of such property in a manner consistent with the standards and criteria established pursuant to section 302(e) of this Act. (2) The Commission, with the approval of the Secretary, may make grants to any person or any public or private entity to provide for (i) educational and cultural programs which encourage appreciation of the resources of the park and preservation district, or (ii) any planning, transportation, maintenance, or other services the Commission considers necessary to carry out the purposes of this Act. (3) Grants under this subsection shall be made under agreements which specify the amount of the grant, the installments (if any) by which the grant shall be paid to the grant recipient, the purpose for which the grant may be used, and any other condition the Commission considers appropriate. The Commission shall be entitled, under the terms of any grant agreement, to recover from the recipient any funds used in a manner inconsistent with such grant agreement. (c) The Commission with the advice of the Secretary may provide technical assistance to— (1) owners of property within the park or preservation district to assist such owners in (A) making repairs to or improvements in any property included in the index established pursuant to section 302(d) of this Act, or (B) applying for loans under subsection (a) of this section; and (2) any other person or public or private entity to assist such person or entity in taking actions consistent with the purpose of this Act. (d) The Commission shall make available to the Secretary, upon request, all accounts, financial records, and other information of the Commission relating to grants and loans made under this section. (e) The Secretary shall make an annual report to the Congress describing the loans, grants, and technical assistance provided under this section and under section 203 of this Act. Such report shall specify the amount, recipient, and purpose of any loan, grant or technical

92 STAT. 301

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Audit,

Hearing,

Report to Congress,

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 92 STAT. 302

PUBLIC LAW 95-290—JUNE 5, 1978 assistance so provided and contain such additional information as the Secretary considers appropriate. ACQUISITION AND DISPOSITION OF PROPERTY

16 USC 410CC-34.

SEC. 304. (a)(1) The Commission may acquire any property designated in paragraph (3) of this subsection, any property described in section 302(d)(1) of this Act, or any interest therein, by donation, by purchase with donated or appropriated funds, or by condemnation in accordance with paragraph (2) of this subsection. (2) Only properties within the park or property designated in paragraph (3) of this subsection may be acquired by the Commission by condemnation. The Commission may initiate condemnation proceedings only after making every reasonable effort to acquire any such property through negotiations and purchase and consulting with the city council of Lowell. No lands or interests therein may be acquired by the Commission by condemnation without the approval of the Secretary. (3) The Commission may acquire in accordance with paragraph (1) of this subsection the following properties, or any interest therein: (A) World Furniture Building, 125 Central Street; and (B) The Martin Building, 102-122 Central Street. (b) The Commission, with the approval of the Secretary, may sell or lease any property which it acquires under subsection (a) of this section subject to such deed restrictions or other conditions as the Commission deems appropriate to carry out the purpose of this Act. (c) Pursuant to a written agreement between the Commission and the Commonwealth of Massachusetts, the Commission, with the approval of the Secretary, may sell, donate, lease, or in any other manner the Commission and the Secretary deem appropriate make available to the Commonwealth any property which the Commission has acquired under subsection (a) of this section in order to provide for the administration or maintenance of such property by the Commonwealth in a manner consistent with the purpose of this Act. POWERS o r

Hearings.

16 USC 410CC-35.

COMMISSION

SEC. 305. (a) The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, a S the Commission may v deem advisable. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (c) Subject to section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or services from individuals, foundations, corporations, and other private entities, and from public entities, for the purpose of carrying out its duties. (e) The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.

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(f) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (g) The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, and services as may be needed to carry out its duties. A n j acquisition of property by the Commission shall be in accordance with section 304 of this Act: Provided, however, That the Commission may not acquire lands or interests therein pursuant to this subsection by condemnation. Upon the termination of the Commission, all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior. STAFF OF COMMISSION

SEC. 306. (a) The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS-15 of the General Schedule. .. ' . (b) The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable. (c) The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 61, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS-15 of the General Schedule. (d) Subject to such rules as may be adoptedt)y the Commission, the Commission may procure temporary and intermittent services to the pfime extent as is authorized by section 3109(b) of title 6, United States Code, but at rates determined by the Commission to be reasonable. (e)(1) Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this Act. (2) The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. Approved June 5, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1023 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-813 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 3, considered and failed of passage in House. Apr. 11, considered and passed House. May 18, considered and passed Senate, amended. May 23, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 23: June 5, Presidential statement.

16 USC ^lOcc-36. 3 CFR, 1977 Comp., p. 142. ^ ^^^ ^^^^ ° ^®

5 USC 5101 et ^ USC 5331.

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 92 STAT. 304

PUBLIC LAW 95-291—JUNE 12, 1978

Public Law 95-291 95th Congress An Act June 12, 1978 [H.R. 11370]

Social Security Act, expenditure reimbursement. Appropriation authorization. 42 USC 1397a note.

42 USC 301, 601, 801 note, 1201 note, 1351 note, 1381. "Unpaid claim."

42 USC 1320b note.

42 USC 1397a note.

42 USC 301, 601, 801 note, 1201 note, 1351 note, 1381.

To authorize an appropriation to reimburKe certain expenditures for social services provided by the States prior to October 1, 1975, under titles I, IV-A, VI, X, XIV, and XVI of the S(x;ial Security Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is authorized to be appropriated for the fiscal year which ends on September 30, 1979, not to exceed $543,000,000, to remain available until expended, to enable the Secretary of the Treasury to pay to any State the amount determined by the Secretary of Health, Education, and Welfare (hereinafter in this Act referred to as the "Secretary"), in accordance with the succeeding provisions of this Act, to be payable to the State in settlement of the unpaid claim of the State against the United States for reimbursement of expenditures made by the State prior to October 1, 1975, with respect to services (and related administrative costs) which the State asserts were provided (or incurred) under an approved State plan pursuant to title I, IV-A, VI, X, XIV, or XVI of the Social Security Act. (b) For purposes of this Act, the term "unpaid claim" of any State means (subject to the succeeding sentence) the total amount of Federal reimbursement for expenditures of the type specified in subsection (a) which has not been paid to such State prior to the date of enactment of this Act. In determining such total amount in the case of any State, any portion thereof attributable to expenditures made in any fiscal year with respect to which the provisions of section 1130 of the Social Security Act (as then in effect) were applicable shall be reduced (but not below zero) by the excess (if any) of (1) the aggregate of the portion of such total amount attributable to expenditures made in such year and the total amount of the Federal reimbursement paid prior to the date of enactment of this Act to such State with respect to expenditures made in such year, over (2) the State's allotment determined under such section 1130 for such year. SEC. 2. (a) In the case of that portion of the unpaid claim of a State that the Secretary determines was asserted against the United States, in the form and manner prescribed by the Secretary with respect to the filing of claims under titles I, IV-A, VI, X, XIV, and XVI of the Social Security Act, prior to April 1, 1977, the Secretary shall certify to the Secretary of the Treasury for payments to the State the sum of— (1) an amount equal to 38 percent of so much of such portion as does not exceed $50,000,000; (2) an amount equal to 35 percent of so much of such portion as exceeds $50,000,000 but does not exceed $150,000,000; and (3) an amount equal to 21 percent of so much of such portion as exceeds $150,000,000; except that the percentage specified in paragraph (1) shall be 58 percent and the percentage specified in paragraph (2) shall be 50 percent in the case of a State if the portion of the unpaid claim of such State referred to in the preceding provisions of this subsection equals or exceeds 85 percent of the sum of (A) such portion and (B) the

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 PUBLIC LAW 9 5 - 2 9 1 — J U N E 12, 1978 total amount of Federal reimbursement for expenditures of the type specified in the first section of this Act which has been paid to such State prior to the date of enactment of this Act but with respect to which formal steps have been initiated by the Secretary to recover such reimbursement. (b)(1) I n the case of the portion of the unpaid claims of a State that the Secretary determines meets the requirements of subsection (a), except that the claim was asserted, in the form and manner prescribed by the Secretary, on or after April 1, 1977, but prior to the ninety-first day following the date upon which this Act is enacted, the Secretary shall certify to the Secretary of the Treasury for payment to the State, subject to paragraph (2), an amount equal to 15 percent of so much of such portion as he finds to be for the provision of services that he finds the State provided and for which lie has not provided reimbursement, but the expenditures for which were reimbursable under title I, IV - A, VI, X, X IV, or X VI of the Social Security Act prior to April 1, 1977, or, if not services the expenditures for which were reimbursable, are services of a similar kind and are not otherwise reimbursable under this Act. (2) The Secretary may not certify for payment to any State under the authority of this subsection an aggregate amount that exceeds 5 percent of that State's allotment for the fiscal year 1973 of social service funds under titles I, IV - A, X, X IV, and X VI of the Social Security Act, as determined in accordance with section 1130(b) of such Act, less the amount certified for payment to the State under subsection (a) of this section. (3) The Secretary shall have no authority", by regulations or otherwise, to extend the time period specified in paragraph (1) or to waive the time limit for assertion of a claim. SEC. 3. (a) Except with respect to amounts paid by the Secretary to a State p r i o r to April 1, 1977, no State is entitled to reimbursement of expenditures described by the first section of this Act, except as provided by this Act. (b) Xeither the Secretary nor any other official of the Federal Government may seek to recover any amount paid to a State prior to April 1, 1977, or pursuant to this Act, as reimbursement of expenditures made by the State of the type described by the first section of this Act. SEC. 4. (a) The Secretary is authorized to enter into agreements with any State in accordance with the provisions of this Act, and agreements entered into prior to the enactment of this Act, to the extent not inconsistent with the terms hereof, shall have the same force and effect as agreements entered into subsequent to enactment of this Act. (b) I n the absence of an agreement, a State dissatisfied with a determination by the Secretary under this Act may, by application to the Secretary within 60 days after the date of notice to the State of that determination, obtain the Secretary's review of that determination. If the application requests a hearing, the Secretary shall conduct a hearing after reasonable notice to the State, and shall, on the basis of evidence adduced at the hearing, affirm, modify, or reverse his determination. If the Secretary does not preside at the reception of the evidence at the hearing, the decision of the presiding official or body shall be the decision of the Secretary.

92 STAT. 305

42 USC 301, 601, 801 note, 1201 note, 1351 note, 1381.

42 USC 1320b note.

42 USC 1397a note.

Agreements. 42 USC 1397a note.

Notice and hearing.

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DEDICATED.


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Page:United States Statutes at Large Volume 92 Part 1.djvu/360

 92 STAT. 306 Jurisdiction.

42 USC 1397a note.

42 USC 1397a note.

PUBLIC LAW 95-291—JUNE 12, 1978 (c) No court of the United States has jurisdiction to entertain any action seeking the review of any determination or finding of the Secretary under this Act, or otherwise seeking to compel a determination by the Secretary to certify for payment any claim described by the first section of this Act; except that the appropriate district court shall have jurisdiction over any action seeking enforcement of an agreement of the kind referred to in subsection (a). SEC. 5. (a) Amounts appropriated under the first section of this Act shall be first applied in settlement of the portions of unpaid claims described in section 2(a). If, after that payment, the amounts remaining are insufficient to pay the amounts established by section 2(b) with respect to the portions of unpaid claims asserted under section 2(b), the Secretary shall certify for payment with respect to each such portion an amount that bears the same relationship to that portion as the total of such remaining available amounts bears to the total of all portions of unpaid claims asserted under section 2(b). (b) A reduction effected by subsection (a) of this section in the amount payable to a State under section 2(b) does not give rise to an entitlement of the State to the difference between the amount payable under section 2(b) (without regard to subsection (a) of this section) and the amount payable under section 2(b) after application of subsection (a) of this section. (c) In the event that the amount appropriated pursuant to the first section of this Act exceeds the payable portions of unpaid claims under subsections (a) and (b) of section 2, the amount paid to any State receiving a payment computed with respect to paragraph (3) of section 2(a) shall be increased (to the extent of such excess) by an amount equal to the difference between the amount it received under section 2(a) and the amount it would have so received if the percentage in such paragraph had been 25 percent. SEC. 6. The Secretary of the Treasury shall pay to each State, out of amounts appropriated pursuant to the first section of this Act, all amounts certified by the Secretary as payable to that State under the tenns of this Act. Approved June 12, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1114, Pt. I (Comm. on the Judiciary) and 95-1114, Pt. II (Comm. on Ways and Means). SENATE REPORT No. 95-632 accompanying S. 2360 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 124 (1978): May 23, considered and passed House. May 25, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 24: June 12, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 1.djvu/361

 PUBLIC LAW 95-292—JUNE 13, 1978

92 STAT. 307

Public Law 95-292 95th Congress An Act To amend titles II and XVIII of the Social Security Act to make improvements in the end stage renal disease program presently authorized under section 226 of that Act, and for other purposes.

June 13, 1978 [H.R. 8423]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) title II of Social Security the Social Security Act is amended by inserting immediately after Act, amendment. End stage renal section 226 the following new section: disease program. 42 USC 401 et "SPECIAL PROVISIONS RELATING TO COVERAGE UNDER MEDICARE PROGRAM seq. FOR END STAGE RENAL DISEASE 42 USC 426. " SEC. 226A. (a) Notwithstanding any provision to the contrary in 42 USC 426-L 42 USC 1395 et section 226 or title X VIII, every individual who— " (1)(A) is fully or currently insured (as such t«rms are defined seq. in section 214 of this Act) or would be fully or currently insured 42 USC 414. if his service as an employee (as defined in the Railroad Retirement Act of 1974) after December 31, 1936, were included in the 42 USC 231 e,f term 'employment' as defined in this Act, or (B) is entit^led to seq. monthly insurance benefits under title II of this Act or an annuity under the Railroad Retirement Act of 1974, or (C) is the spouse or dependent child (as defined in regulations) of an individual who is fully or currently insured or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1974) after December 31, 1936, were included in the teiTti 'employment' as defined in this Act, or (D) is the 'Aspouse or dependent child (as defined in regulations) of an individual entitled to monthly insurance benefits under title II of this Act or an annuity under the Railroad Retirement Act of 1974; " (2) is medically determined to have end stage renal disease; .;<*si -'M-'im and " (3) has filed an application for benefits under this section; shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title X VIII, subject to the deductible, premium, and coinsurance 42 USC 1395c, provisions of that title. 1395J. " (b) Subject to subsection (c), entitlement of an individual to benefits under part A and eligibility to enroll under part B of title X VIII by reasons of this section on the basis of end stage renal disease— " (1) shall begin with— " (A) the t h i r d month after the month in which a regular course of renal dialysis is initiated, or " (B) the month in which such individual receives a kidney transplant, or (if earlier) the first month in which such individual is admitted as an inpatient to an institution which is a hospital meeting the requirements of section 1861(e) (and 42 USC 1395x. such additional requirements as the Secretary may prescribe under section 1881(b) for such institutions) in preparation Post, p. 308. for or anticipation of kidney transplantation, but only if such transplantation occurs in that month or in either of the next t w o months.

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 92 STAT. 308

Infra.

42 USC 1395c, 1395J.

42 USC 426.

42 USC 1395x.

PUBLIC LAW 95-292—JUNE 13, 1978 whichever first occurs (but no earlier than one year preceding the month of the filing of an application for benefits under this section); and " (2) shall end, in the case of an individual who receives a kidney transplant, with the thirty-sixth month after the month in which such individual receives such t r a n s p l a n t or, in the case of an individual who has not received a kidney transplant and no longer requires a regular course of dialysis, with the twelfth month after the month in which such course of dialysis is terminated. "•(c) Notwithstanding the provisions of subsection (b) — " (1) in the case of any mdividual who participates in a self-care dialysis training program prior to the t h i r d month after the month in which such individual initiates a regular course of renal dialysis in a renal dialysis facility or provider of services meeting the requirements of section 1881(b), entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such regular course of renal dialysis is initiated; " (2) in any case in which a kidney transplant fails (whether during or after the thirty-six-month period specified in subsection (b)(2)) and as a result the individual who received such transplant initiates or resumes a regular course of renal dialysis, entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such course is initiated or resumed; and " (3) in any case in which a regular course of renal dialysis is resumed subsequent to the termination of an earlier course, entitlement to benefits under part A and eligibility to enroll under part B of title X VIII shall begin with the month in which such regular course of renal dialysis is resumed.", (b) Section 226 of such Act is amended— (1) by striking out subsections (e), (f), and (g), and (2) by redesignating subsections (h) and (i) as subsections (e) and (f), respectively. SEC. 2. Part C of title X VIII of the Social Security Act is amended by a d d i n g at the end thereof the following new section: "MEDICARE COVERAGE FOR END STAGE RENAL DISEASE PATIENTS

42 USC 1395rr. 42 USC 1395. 42 USC 1395J. Ante, p. 307.

" SEC. 1881. (a) The benefits provided by part s A and B of this title shall include benefits for individuals who have been determined to have end-stage renal disease as provided in section 226A, and benefits for kidnej^ donors as provided in subsection (d) of this section. Notwithstanding any other provision of this title, the type, duration, and scope of the benefit provided by part s A and B with respect to individuals who have been determined to have end-stage renal disease and who are entitled to such benefits without regard to section 226A shall in no case be less than the type, duration, and scope of the benefits so provided for individuals entitled to such benefits solely by reason of that section. " (b)(1) Payments under this title with respect to services, in addition to services for which payment would otherwise be made under this title, furnished to individuals who have been determined to have end-stage renal disease shall include (A) payments on behalf of such individuals to providers of services and renal dialysis facilities which meet such requirements as the Secretary shall by regulation prescribe for institutional dialysis services and supplies (including self-dialysis services in a self-care dialysis unit maintained by the provider or facil-

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Page:United States Statutes at Large Volume 92 Part 1.djvu/363

 PUBLIC LAW 95-292—JUNE 13, 1978 ity), transplantation services, self-care home dialysis support services which are furnished by the provider or facility, and routine professional services performed by a physician during a maintenance dialysis episode if payments for his other professional services furnished to an individual who has end-stage renal disease are made on the basis specified in paragraph (3)(A) of this subsection, and (B) payments to or on behalf of such individuals for home dialysis supplies and equipment. The requirements prescribed by the Secretary under subparagraph (A) shall include requirements for a minimum utilization rate for covered procedures and for self-dialysis training programs. "(2)(A) With respect to payments for dialysis services furnished by providers of services and renal dialysis facilities to individuals determined to have end-stage renal disease for which payments may be made under part B of this title, sudh payments (unless otherwise provided in this section) shall be equal to 80 percent of the amounts determined in accordance with subparagraph (B); and with respect to payments for services for which payments may be made under part A of this title, the amounts of such payments (which amounts shall not exceed, in respect to costs in procuring organs attributable to payments made to an organ procurement agency or histocompatibility laboratory, the costs incurred by that agency or laboratory) Shall b^ determined in accordance with section 1861(v). Payments shall be made to a renal dialysis facility only if it agrees to accept such payments as payment in full for covered services, except for payment by the individual of 20 percent of the estimated amounts for such services calculated on the basis established by the Secretary under subparagraph (B) and the deductible amount imposed by section 1833(b). "(B) The Secretary shall prescribe in regulations any methods and pix)cedures to (i) determine the costs incurred by providers of services and renal dialysis facilities in furnishing covered services to individuals determined to have end-stage renal disease, and (ii) determine, on a cost-related basis or other economical and equitable basis (including any basis authorized under section 1861(v)), the amounts of payments to be made for part B services furnished by such providers and facilities to such individuals. Such regulations shall provide for the implementation of appropriate incentives for encouraging more efficient and effective delivery of ser\nces (consistent with quality care), and shall include, to the extent determined feasible by the Secretary, a system for classifying comparable providers and facilities, and prospectively set rates or target rates with arrangements for sharing such reductions in costs as may be attributable to more efficient and effective delivery of services. "(C) Such regulations, in the case of services furnished by proprietary providers and facilities may include, if the Secretary finds it feasible and appropriate, provision for recognition of a reasonable rate of return on equity capital, providing such rate of return does not exceed the rate of return stipulated in section 1861(v)(1)(B). "(D) For purposes of section 1878, a renal dialysis facility shall be treated as a provider of services. "(3) With respect to payments for physicians' services furnished to individuals determined to have end-stage renal disease, the Secretary shall pay 80 percent of the amounts calculated for such services— " (A) on a reasonable charge basis (but may, in such case, make payment on the basis of the prevailing charges of other physicians for comparable services) except that payment may not be made under this subparagraph for routine services furnished during a maintenance dialysis episode, or

92 STAT. 309

42 USC 1395j.

42 USC 1395c.

42 USC 1395x.

42 USC 1395f. Regulations.

/

42 USC 139&tw.

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 92 STAT. 310

Agreements.

Records.

Target reimbursement rate.

PUBLIC LAW 95-292—JUNE 13, 1978 "(B) on a comprehensive monthly fee or other basis for an aggregate of services provided over a period of time (as defined in regulations). "(4) Pursuant to agreements with approved providers of services and renal dialysis facilities, the Secretary may make payments to such providers and facilities for the cost of home dialysis supplies and equipment and self-care home dialysis support services furnished to patients whose self-care home dialysis is under the direct supervision of such provider or facility, on the basis of a target reimbursement rate (as defined in paragraph (6)). "(5) An agreement under paragraph (4) shall require, in accordance with regulations prescribed by the Secretary, that the provider or facility will— "(A) assume full responsibility for directly obtaining or arranging for the provision of— "(i) such medically necessary dialysis equipment as is prescribed by the attending physician; "(ii) dialysis equipment maintenance and repair services; "(iii) the purchase and delivery of all necessary medical supplies; and " (iv) where necessary, the services of trained home dialysis aides; "(B) perform all such administrative functions and maintain such information and records as the Secretary may require to verify the transactions and arrangements described in subparagraph (A); . ., "(C) submit such cost reports, data, and information as the Secretary may require with respect to the costs incurred for equipment, supplies, and services furnished to the facility's home dialysis patient population; and "(D) provide for full access for the Secretary to all such records, data, and information as he may require to perform his functions under this section. "(6) The Secretary shall establish, for each calendar year, commencing with January 1, 1979, a target reimbursement rate for home dialysis which shall be adjusted for regional variations in the cost of providing home dialysis. In establishing such a rate, the Secretary shall include— " (A) the Secretary's estimate of the cost of providing medically necessary home dialysis supplies and equipment; "(B) an allowance, in an amount determined by the Secretary, to cover the cost of providing personnel to aid in home dialysis; and "(C) an allowance, in an amount determined by the Secretary, to cover administrative costs and to proAade an incentive for the efficient delivery of home dialysis; but in no event shall such target rate exceed 70 percent of the national average payment, adjusted for regional variations, for maintenance dialysis services furnished in approved providers and facilities during the preceding fiscal year. Any such target rate so established shall be utilized, without renegotiation of the rate, throughout the calendar year for which it is established. During the last quarter of each calendar year, the Secretary shall establish a home dialysis target reimbursement rate for the next calendar year based on the most recent data available to the Secretary at the time. In establishing any rate under this paragraph, the Secretary may utilize a competitive-bid procedure, a prenegotiated rate procedure, or any other procedure

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Page:United States Statutes at Large Volume 92 Part 1.djvu/365

 PUBLIC L\W 95-292—JUNE 13, 1978 which the Sccretary determines is appropriate and feasible in order to carry out this paragraph in an effective and efficient manner. " (7) For purposes of this title, the term 'home dialysis supplies and equipment' means medically necessary supplies and equipment (including supportive equipment) required by an individual suffering from end-stage renal disease in connection with renal dialysis carried out in his home (as defined in regulations), including obtaining, installing, and maintaining such equipment. "(8) For purposes of this title, the term 'self-care home dialysis support services', to the extent permitted in regulation, means— "(A) periodic monitoring of the patient's home adaptation, including visits by qualified provider or facility personnel (as defined in regulations), so long as this is done in accordance vrith a plan prepared and periodically reviewed by a professional team (as defined in regulations) including the individual's physician; "(B) installation and maintenance of dialysis equipment; "(C) testing and appropriate treatment of the water; and "(D) such additional supportive services as the Secretary finds appropriate and desirable. "(9) For purposes of this title, the term 'self-care dialysis unit' means a renal dialysis facility or a distinct part of such facility or of a provider of services, which has been approv^ed by the Secretary to make self-dialysis services, as defined by the Secretary in regulations, available to individuals who have been trained for self-dialysis. A selfcare dialysis unit must, at a minimum, furnish the services, e(]uipment and supplies needed for self-care dialysis, have patient-staff ratios which are appropriate to self-dialysis (allowing for such appropriate lesser degree of ongoing medical supervision and assistance of ancillary personnel than is required for full care maintenance dialysis), and meet such other requirements as the Secretary may presciibe with respect to the quality and cost-effectiveness of services. " (c)(1)(A) For the purpose of assuring effective and efficient administration of the benefits provided under this section, the Secretary shall establish, in accordance with such criteria as he finds appropriate, renal disease network areas, such network organizations (including a coordinating council, an executive committee of such council, and a medical review board, for each network area) as he finds necessary to accomplish such purpose, and a national end stage renal disease medical information system. The Secretary may by regulations provide for such coordination of network planning and quality assurance activities and such exchange of data and information among agencies with responsibilities for health planning and quality assurance activities under Federal law as is consistent with the economical and efficient administration of this section and with the responsibilities established for network organizations under this section. "(B) At least one patient representative shall serve as a member of each coordinating council and executive committee. "(C) The Secretary shall, in regulations, prescribe requirements with respect to membership in network organizations by individuals (and the relatives of such individuals)(i) who have an ownership or control interest in a facility or provider which furnishes services leferred to in section 1861(s)(2)(F), or (ii) who have received remuneration from any such facility or provider in excess of such amounts as constitute reasonable compensation for services (including time and effort relative to the provision of professional medical services) or goods supplied to such facility or provider; and such requirements shall provide for the definition, disclosure, and, to the maximum

92 STAT. 311

Definitions,

,

Network organizations,

Regulations,

Regulations,

42 USC 1395x.

Conflicts of interest.

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 92 STAT. 312

Criteria and standards.

Annual report to Secretary of Health, Education, and Welfare.

Guidelines.

Report to G)ngress.

PUBLIC LAW 95-292—JUNE 13, 1978 extent consistent with effective administration, prevention of potential or actual financial or professional conflicts of interest with respect to decisions concerning the appropriateness, nature, or site of patient care. "(2) The network organizations of each network shall be responsible, in addition to such other duties and functions as may be prescribed by the Secretary, for— "(A) encouraging, consistent with sound medical practice, the use of those treatment settings most compatible with the successful rehabilitation of the patient; "(B) developing criteria and standards relating to the quality and appropriateness of patient care; and network goals with respect to the placement of patients in self-care settings and undergoing or preparing for transplantation; "(C) evaluating the procedure by which facilities and providere in the network assess the appropriateness of patients for proposed treatment modalities; "(D) identifying facilities and providers that are not cooperating toward meeting network goals and assisting such facilities and providers in developing appropriate plans for correction; and " (E) submitting an annual report to the Secretary on July 1 of each year which shall include a full statement of the network's goals, data on the network's perfoimance in meeting its goals (including data on the comparative performance of facilities and providers with respect to the identification and placement of suitable candidates in self-care settings and transplantation), identification of those facilities that have consistently failed to cooperate with network goals, and recommendations with respect to the need for additional or alternative services or facilities in the network in order to meet the network goals, including self-dialysis training, transplantation, and organ procurement facilities. "(3) Where the Secretary determines, on the basis of the data contained in the network's annual report and such other relevant data as may be available to him, that a facility or provider has consistently failed to cooperate with network plans and goals, he may terminate or withhold certification of such facility or provider (for purposes of payment for services furnished to individuals with end stage renal disease) until he determines that such provider or facility is making reasonable and appropriate efforts to cooperate with the network's plans and goals. "(4) The Secretary shall, in determining whether to certify additional facilities or expansion of existing facilities within a network, take into account the network's goals and performance as reflected in the network's annual report. "(5) The Secretary, after consultation with appropriate professional and planning organizations, shall provide such guidelines with respect to the planning and delivery of renal disease services as are necessary to assist network organizations in their development of their respective networks' goals to promote the optimum use of self-dialysis and transplantation by suitable candidates for such modalities. "(6) I t is the intent of the Congress that the maximum practical number of patients who are medically, socially, and psychologically suitable candidates for home dialysis or transplantation should be so treated. The Secretary shall consult with appropriate professional and network organizations and consider available evidence relating to developments in research, treatment methods, and technology for home dialysis and transplantation. The Secretary shall periodically submit to the Congress such legislative recommendations as the Secretary finds

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