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 90 STAT. 1934

PUBLIC LAW 94-456—OCT. 4, 1976

Public Law 94-456 94th Congress An Act Oct. 4, 1976 [S. 3651] Klukwan Village, Alaska. Additional land. Withdrawal of public lands. 43 USC 1602.

43 USC 1618. 43 USC 1613.

i-^

rjiQ amend the Alaska Native Claims Settlement Act to provide for the withdrawal of lands for the village of Klukwan. Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Section 16(a) of the Alaska Native Claims Settlement Act (85 Stat. 688, 705, as amended; 43 U.S.C. 1604, 1615) is further amended by striking " K l u k w a n, Southeast.". (b) Section 16(d) of such Act is amended to read as follows: " (d)(1) The Secretary is authorized and directed to withdraw seventy thousand acres of public lands, as defined in section 3 of this Act, in order that the Village Corporation for the village of Klukwan may select twenty-three thousand and forty acres of land. Such Corporation and the shareholders thereof shall otherwise participate fully in the benefits provided by this Act to the same extent as they would have participated had they not elected to acquire title to their former reserve as provided by section 19(b) of this Act: Provided, That nothing in this subsection shall affect the existing entitlement of a n j Regional Corporation to lands pursuant to section 14(h)(8) of this Act: Provided further, That no such lands shall be withdrawn from an area previously w i t h d r a w n as a forest reserve without prior consultation with the Secretary of Agriculture: Provided further, That the foregoing provisions of this subsection shall not become effective unless and until the Village Corporation for the village of Klukwan shall quitclaim to Chilkat Indian Village, organized under the provisions of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of May 1, 1936 (49 Stat. 1250), all its right, title, and interest in the lands of the reservation defined in and vested by the Act of September 2, 1957 (71 Stat. 596), which lands are hereby conveyed and confirmed to said Chilkat Indian Village in fee simple absolute, free of trust and all restrictions upon alienation, encumbrance, or otherwise: Provided further, That the United States and the Village Corporation for the village of K l u k w a n shall also quitclaim to said Chilkat Indian Village any right or interest they may have in and to income derived from the reservation lands defined in and vested by the Act of September 2, 1957 (71 Stat. 597), after December 18, 1971, and prior to January 2, 1976. " (2) The lands withdrawn by the Secretary pursuant to paragraph (1) of this subsection shall be located in the southeastern Alaska region and shall be of similar character and comparable value, to the extent possible, to those of the Chilkat Valley surrounding the village of Klukwan. Such withdrawal shall be made within six months of the date of enactment of this paragraph and the Village Corporation for the village of Klukwan shall select, within one year from the time that the withdrawal is made, and be conveyed, twenty-three thousand and forty acres. None of the lands withdrawn by the Secretary for selection by the Village Corporation for the village of K l u k w a n shall have been selected by, or be subject to an outstanding nomination for selection by, any other Native Corporation organized pursuant to this Act, or located on A d m i r a l t y Island.".

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 PUBLIC LAW 94-456—OCT. 4, 1976

90 STAT. 1935

SEC. 2. Notwithstanding any other provision of law, the Secretary is hereby authorized and directed to convey immediately to the State of Alaska, subject to valid existing rights, the following described lands for park, recreation, airport, or other public purposes: Seward Meridan, Alaska T.13N.,E.4W. Section 28, Ei/sWVa, Ei/2Wi/2NWy4, Wy2NWi/4NWi4,

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Ei/2Nwy4Swi/4, Ei/2Wy2Swy4Nwy4, NEy4Swy4Swy4, Ey2SEy4Swy4SWy4.

Containing 265 acres, more or less. SEC. 3. The first sentence of subsection 12(b) of the Act of January 2, 1976 (89 Stat. 1145, 1151), is amended by changing the matter preceding the first colon to read as follows: "(b) The Secretary shall make the following conveyances to the Region, in accordance with the specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled 'Terms and Conditions for Land Consolidation and Management in Cook Inlet Area', which was submitted to the House Committee on Interior and Insular Affairs on December 10, 1975, and clarified on August 31, 1976, the terms of which, as clarified, are hereby incorporated herein and ratified as to the duties and obligations of the United States and the Region, as a matter of Federal law.". SEC. 4. (a) The Secretary is authorized to convey lands under application for selection by Village Corporations within Cook Inlet Region to the Cook Inlet Region, Incorporated, for reconveyance by the Region to such Village Corporations. Such lands shall be conveyed as partial satisfaction of the statutory entitlement of such Village Corporations from lands withdrawn pursuant to section 11(a) (3) of the Alaska Native Claims Settlement Act (hereinafter, "The Settlement Act"), and with the consent of the Region affected, as provided in section 12 of the Act of January 2, 1976 (89 Stat. 1145, 1150),,from lands outside the boundaries of Cook Inlet Region. This authority shall not be employed to increase or decrease the statutory entitlement of any Village Corporation or Cook Inlet Region, Incorporated. For the purposes of counting acres received in computing statutory entitlement, the Secretary snail count the number of acres or acre selections surrendered by Village Corporations in any exchange for any other lands or selections. (b) The Secretary shall not be required to survey any land conveyed pursuant to subsection 4(a) until the Village Corporation entitlement for all eligible Village Corporations has been conveyed. With respect to the conveyances made by the Secretary in the manner authorized by subsection 4(a), the Secretary shall survey the exterior boundaries of each entire area conveyed to Cook Inlet Region, Incorporated, pursuant to subsection 4(a) and monument to boundary lines at angle points and intervals of approximately two miles on straight lines. The Secretary shall not be required to provide ground survey or monumentation along meanderable water boundaries. Each township corner located within the exterior boundary of land conveyed shall be located and monumented. Any areas within such tracts

43 USC 1611 note.

Land conveyance, '^^ USC 1611 "^^^•

43 USC 1610.

Survey,

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 90 STAT. 1936 43 USC 1613. 43 USC 1601 °°^®43 USC 1611 "°*®-

43 USC 1611 note.

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PUBLIC LAW 94-456—OCT. 4, 1976 that are to be reconveyed pursuant to section 14(0)(1) and (2) of the Settlement Act shall also be surveyed pursuant to 43 C.F.R. 2650. (c) Conveyances made under the authority of subsection (a) of this section shall be considered conveyances under the Settlement Act and subject to the provisions of that Act, except as provided by this Act. SEC. 5. (a) The Secretary shall, within sixty days after the effective date of this Act, tender conveyance of the land described in subsection (b), subject to valid existing rights, to Cook Inlet Region, Incorporated. If the conveyance is accepted by the Region, such lands shall be considered 1,687.2 acre-equivalents within the meaning of paragraph 1(C)(2)(e) (iii) of the Terms and Conditions as clarified August 31, 1976, and the Secretary's obligations under paragraph 1(C) of those Terms and Conditions will be reduced accordingly. If, however, said section 12 of the Act of January 2, 1976, does not take effect then the entitlement of Cook Inlet Region, Incorporated, under section 12(c) shall be reduced by 8,346 acres. (b) The land referred to in subsection (a) is described as a parcel of land located in section 7 of township 13 north, range 2 west of the Seward Meridian, Third Judicial District, State of Alaska; said parcel being all of Government lots 5 and 7 and that portion of the SE^^ N W ^ lying north of the north right-of-way line of the Glenn Highway, State of Alaska, Department of Highways Project No. F-042-1 (2), and more particularly described as follows: "Commencing at the north quarter corner of said section 7; "thence south 00 degrees 12 minutes east, a distance of 1,320.0 feet, more or less, to the northeast corner of said southeast quarter northwest quarter; "thence west along the north line of southeast quarter northwest quarter a distance of 94.0 feet, more or less, to the north rightof-way line of the Glenn Highway and the true point of beginning; "thence south 53 degrees 16 minutes 15 seconds west along said north right-of-way line, a distance of 1,415.0 feet, more or less, to a point of curve being at right angles to centerline Station 216 plus 51.35; "thence continuing along said north right-of-way line along a curve to the right with a central angle of 12 degrees 51 minutes 34 seconds, having a radius of 5,595.58 feet for an arc distance of 105.0 feet, more or less, to a point of intersection of said north right-ofway line wuth the west line of said southeast quarter northwest quarter; "thence north 00 degrees 12 minutes west along said west line, being common with the east line of Government lot 5, a distance of

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 PUBLIC LAW 94-456—OCT. 4, 1976

\

910.0 feet, more or less, to the northwest corner of said southeast quarter northwest quarter; "thence east along the north line of said southeast quarter northwest quarter, a distance of 1,225.0 feet, more or less, to the point of beginning; containing 56.24 acres, more or less.". Approved October 4, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-1170 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 1, considered and passed Senate. Sept. 23, considered and passed House.

90 STAT. 1937 ^

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 90 STAT. 1938

PUBLIC LAW 94-457—OCT. 5, 1976

Public Law 94-457 94th Congress An Act Oct. 5. 1976 [S. 3734] Naval vessels, sale approval. Presidential terms and conditions.

Expenses. Authority termination.

To approve the sale of certain naval vessels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President may sell, subject to such terms and conditions as he may determine and at a price not less than the value thereof in United States dollars, three destroyers to the Government of Argentina; two landing ships dock and one auxiliary repair dry dock to the Government of the Republic of China; one destroyer to the Government of Colombia; four destroyers to the Government of the Federal Republic of Germany; seven destroyers and two tank landing ships to the Government of Greece; one repair ship and one auxiliary repair dry dock to the Government of Iran; seven destroyers and one landing craft repair ship to the Government of the Republic of Korea; two destroyers to the Government of Pakistan; one landing craft repair ship and one inshore patrol craft to the Government of the Philippines; five destroyers and three tank landing ships to the Government of Spain; one landing craft repair ship, one tank landing ship, and one auxiliary repair dry dock to the Government of Venezuela. (b) All expenses involved in the sales authorized by this Act shall be charged to funds provided by the recipient government. The authority of the President to sell vessels under this Act shall terminate two years after the date of enactment of this Act. SEC. 2. Subsection (b)(1) of section 7307 of title 10, United States Code, is amended by striking out "2,000" and inserting in lieu thereof "3,000". Approved October 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1646 (Comm. on Armed Services). SENATE REPORT No. 94-1123 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed Senate. Sept. 27, considered and passed House.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act approved August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a-1 et seq.), is amended as follows:

(1) In subsection (e), after “within an area of the national park system,” insert “, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved,”.

(2) At the end of subsection (g), change the period to a semicolon and add the following new subsections:
 * “(h) promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States;
 * “(i) provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior.”.

2. Such Act of August 18, 1970, is further amended by adding the following new sections:

“ 5. Section 11 of the Act of May 26, 1930 (46 Stat. 383; 16 U.S.C. 17j), is amended to read as follows:

“ ‘ 11. In the administration of the National Park System, the Secretary of the Interior is authorized, under regulations prescribed by him, to pay (a) the traveling expenses of employees, including the costs of packing, crating, and transporting (including draying) their personal property, upon permanent change of station of such employees and (b) the traveling expenses as aforesaid of dependents of deceased employees (i) to the nearest housing reasonably available and of a standard not less than that which is vacated, and to include compensation for not to exceed sixty days rental cost thereof, in the case of an employee who occupied Government housing and the death of such employee requires that housing to be promptly vacated, and (ii) to the nearest port of entry in the conterminous forty-eight States in the case of an employee whose last permanent station was outside the conterminous forty-eight States.’.

“ 6. Notwithstanding any other provision of law, the Secretary of the Interior may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, part of the legislative


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   of the United States over National Park System lands or interests therein in that State, Commonwealth, territory, or possession: Provided, That prior to consummating any such relinquishment, the Secretary shall submit the proposed agreement to the Committees on Interior and Insular Affairs of the United States Congress, and shall not finalize such agreement until sixty calendar days after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide. The Secretary shall diligently pursue the consummation of arrangements with each State, Commonwealth, territory, or possession within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the National Park System.

“ 7. Notwithstanding subsection 5901(a) of title 5, United States Code (80 Stat. 508), as amended, the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually.

“ 8. The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and which may have potential for inclusion in the National Park System. At the beginning of each fiscal year, the Secretary shall transmit to the Speaker of the House of Representatives and to the President of the Senate, comprehensive reports on each of those areas upon which studies have been completed. On this same date, and accompanying such reports, the Secretary shall transmit a listing, in generally descending order of importance or merit, of not less than twelve such areas which appear to be of national significance and which may have potential for inclusion in the National Park System. Threats to resource values, and cost escalation factors shall be considered in listing the order of importance or merit. Such listing may be comprised of any areas heretofore submitted under terms of this section, and which at the time of listing are not included in the National Park System. The Secretary is also directed to transmit annually to the Speaker of the House of Representatives and to the President of the Senate, at the beginning of each fiscal year, a complete and current list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places which areas exhibit known or anticipated damage or threats to the integrity of their resources, along with notations as to the nature and severity of such damage or threats. Each report and annual listing shall be printed as a House document.

“ 9. Section 3 of the Act of August 21, 1935 (49 Stat. 666, 667; 16 U.S.C. 461, 463), is amended to read as follows:

“ ‘ 3. (a) A general advisory board to be known as the National Park System Advisory Board is hereby established, to be composed of not to exceed eleven persons, citizens of the United States, to include but not be limited to representatives competent in the fields of history, archaeology, architecture, and natural science, who shall be appointed by the Secretary for a term not to exceed four years. The Secretary shall take into consideration nominations for appointees from public and private, professional, civic, and educational societies, associations, and institutions. The members of such board shall receive no salary


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  but may be paid expenses incidental to travel when engaged in discharging their duties as members. It shall be the duty of such board to advise the Secretary on matters relating to the National Park System, to other related areas, and to the administration of this Act, including but not limited to matters submitted to it for consideration by the Secretary, but it shall not be required to recommend as to the suitability or desirability of surplus real and related personal property for use as an historic monument.

“ ‘(b) The National Park System Advisory Board shall continue to exist until January 1, 1990. In all other respects, it shall be subject to the provisions of the Federal Advisory Committee Act.’.

“ 10. (a) The arrest authority relating to the National Park Service is hereby amended in the following respects:
 * “(1) Section 3 of the Act of March 3, 1897 (29 Stat. 621; 16 U.S.C. 415), as supplemented; relating to certain arrest authority relative to national military parks, is hereby repealed;
 * “(2) The first paragraph of that portion designated ‘GENERAL EXPENSES—FOREST SERVICE’ of the Act of March 3, 1905 (33 Stat. 872; 16 U.S.C. 10, 559), as amended, relating in part to arrest authority relative to laws and regulations applicable to forest reserves and national parks, is amended by deleting the words ‘and national park service’, ‘and national parks’, and ‘or national parks’;
 * “(3) Section 2 of the Act of March 2, 1933 (47 Stat. 1420; 16 U.S.C. 10a), as amended, relating to certain arrest authority for certain employees of the National Park Service, is hereby repealed; and
 * “(4) The second paragraph of section 6 of the Act of October 8, 1964 (78 Stat. 1041; 16 U.S.C. 460n-5), as amended, relating to certain arrest authority relative to the Lake Mead National Recreation Area, is hereby repealed.

“(b) In addition to any other authority conferred by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System. In the performance of such duties, the officers or employees, so designated, may—
 * “(1) carry firearms and make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided such arrests occur within that system or the person to be arrested is fleeing therefrom to avoid arrest;
 * “(2) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in that system or, where the person subject to the warrant or process is in that system, in connection with any Federal offense; and
 * “(3) conduct investigations of offenses against the United States committed in that system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency.


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  “(c) The Secretary of the Interior is hereby authorized to—
 * “(1) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest and with the concurrence of that agency or that State or subdivision, to act as special policemen in areas of the National Park System when supplemental law enforcement personnel may be needed, and to exercise the powers and authority provided by paragraphs (1), (2), and (3) of subsection (b) of this section;
 * “(2) cooperate, within the National Park System, with any State or political subdivision thereof in the enforcement of supervision of the laws or ordinances of that State or subdivision; and
 * “(3) provide limited reimbursement, to a State or its political subdivisions, in accordance with such regulations as he may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the system, for expenditures incurred in connection with its activities within that system which were rendered pursuant to paragraph (1) of this subsection.
 * “(4) the authorities provided by this subsection shall supplement the law enforcement responsibilities of the National Park Service, and shall not authorize the delegation of law enforcement responsibilities of the agency to State and local governments.

“(d)(1) Except as otherwise provided in this subsection, a law enforcement officer of any State or political subdivision thereof designated to act as a special policeman under subsection (c) of this section shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including, but not limited to, those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits.

“(2) For purposes of the tort claim provisions of title 28, United States Code, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section, be considered a Federal employee.

“(3) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section be deemed a civil service employee of the United States within the meaning of the term ‘employee’ as defined in section 8101 of title 5, and the provisions of that subchapter shall apply.

“(e) Nothing contained in this Act shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the National Park Service, and nothing shall be construed or applied to affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction within the National Park System.

“ 11. Section 101(a) of title I of Public Law 89-65589-665 [sic] (80 Stat. 915; 16 U.S.C. 470a), is amended by adding thereto a new paragraph to read as follows:
 * “ ‘(4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects.’.

“ 12. (a) Not later than January 15 of each calendar year, the Secretary of the Interior shall transmit to the Committees on Interior and Insular Affairs a detailed program for the development of


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 , structures, or buildings for each unit of the National Park System consistent with the general management plans required in subsection (b) of this section.

“(b) General management plans for the development of each unit of the National Park System, including the areas within the national capital region, shall be prepared by the Director of the National Park Service and transmitted to the Committees on Interior and Insular Affairs. Such plans shall include:
 * “(1) the facilities which the Director finds necessary to accommodate the health, safety, and recreation needs of the visiting public, including such facilities as he may deem appropriate to provide in accordance with the provisions of the Act of October 9, 1965 (79 Stat. 969);
 * “(2) the location and estimated cost of all such facilities; and
 * “(3) the projected need for any additional facilities required for such unit.

“(c) The Secretary of the Interior shall hereafter transmit to the Committees on Interior and Insular Affairs all proposed awards of concession leases and contracts involving a gross annual business of $100,000 or more, or exceeding five years in duration (including renewals thereof), and all proposed rules and regulations relating thereto, sixty days before such awards are made or such rules and regulations are promulgated. The Act of July 14, 1956 (70 Stat. 543) is hereby repealed.”.

Approved October 7, 1976.

SENATE REPORT No. 94-1190 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD, Vol. 122 (1976):
 * Sept. 17, considered and passed Senate.
 * Sept. 21, considered and passed House, amended, in lieu of H.R. 11887.
 * Sept. 23, Senate agreed to House amendment.


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 90 STAT. 1944

PUBLIC LAW 94-459—OCT. 8, 1976

Public Law 94-459 94th Congress An Act —

o, lyio [S. 3843]

rjiQ name the Visitors' Center at the Sleeping Bear Dunes National Lakeshore the "Philip A. Hart Visitors' Center".

Philip A. Hart Visitors' Center, Mich. Designation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Visitors' Center at the Sleeping Bear Dunes National Lakeshore shall hereinafter be known as, and is hereby designated as, the "Philip A. Hart Visitors' Center". Approved October 8, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 22, considered and passed Senate. Sept. 27, considered and passed House.

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 PUBLIC LAW 94-460—OCT. 8, 1976

90 STAT. 1945

Public Law 94-460 94th Congress An Act To amend title XIII of the Public Health Service Act to revise and extend the program for the establishment and expansion of health maintenance organizations. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Oct. 8, 1976 [H.R. 9019]

of the

Health Maintenance Organization SHORT TITLE; REFERENCE TO ACT Amendments SECTION 1. (a) This Act may be cited as the " Health Maintenance of 1976. 42 USC 300e Organization Amendments of 1976". (b) Whenever in title I an amendment or repeal is expressed in note. terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other 42 USC 201 provision of the Public Health Service Act. note. TITLE I—AMENDMENTS TO TITLE X III OF THE PUBLIC H E A L T H SERVICE ACT SUPPLEMENTAL H E A L T H SERVICES

SEC. 101. (a) Section 1301(b)(1) is amended by adding at the end 42 USC 300e. the following: "'A health maintenance organization may include a health service, defined as a supplemental health service by section 1302(2), in the basic health services provided its members for a basic health services payment described in the first sentence.". (b) The first sentence of section 1301(b)(2) is amended by striking out "the organization shall provide" and all that follows in that sentence and substituting "the organization may provide to each of its members any of the health services which are included in supplemental health services (as defined in section 1302(2)).". 42 USC 300e-l. (c) Section 1301(b)(4) is amended by striking out "and supplemental health services in the case of the members who have contracted therefor" and substituting " and only such supplemental health services as members have contracted for". STAFFING

SEC. 102. (a)(1) The first sentence of section 1301(b)(3) is amended 42 USC SOOe. (A) by striking out "or through " and by substituting ", through", (B) by striking out " ( o r groups) or" and substituting " ( o r g r o u p s), through an", and (C) by inserting after " ( o r associations)" the following: ", through health professionals who have contracted with the health maintenance organization for the provision of such services, or through any combination of such staff, medical group (or g r o u p s), individual practice association (or associations), or health professionals under contract with the organization". (2) Section 1301(b)(3) is amended by adding after the first sentence the following: " A health maintenance organization may also, during the thirty-six month period beginning with the month follow-

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 90 STAT. 1946

PUBLIC LAW 94-460—OCT. 8, 1976

ing the month in which the organization becomes a qualified health 42 USC 300e-9. maintenance organization (within the meaning of section 1310(d)), provide basic and supplemental health services through an entity 42 USC 300e-l. which but for the requirement of section 1302(4)(C)(i) would be a medical group for purposes of this title. After the expiration of such period, the organization may provide basic or supplemental health , services through such an entity only if authorized by the Secretary in accordance with regulations which take into consideration the unusual circumstances of such entity. A health maintenance organization may not, in any of its fiscal years, enter into contracts with health professionals or entities other than medical groups or individual practice '• associations if the amounts paid under such contracts for basic and supplemental health services exceed fifteen percent of the total amount to be paid in such fiscal year by the health maintenance organization to physicians for the provision of basic and supplemental health services, or, if the health maintenance organization principally serves a rural area, thirty percent of such amount, except that this sentence does not apply to the entering into of contracts for the purchase of basic and supplemental health services through an entity which but for the ., requirements of section 1302(4)(C)(i) would be a medical group for purposes of this title. Contracts between a health maintenance organization and health professionals for the provision of basic and supplemental health services shall include such provisions as the Secretary may require (including provisions requiring appropriate continuing education).". 42 USC 300e-l. (b)(1) Section 1302(4)(C) is amended (A) by striking out clause (iv), (B) by redesignating clause (v) as clause (iv), and (C) by inserting "and" at the end of clause (iii). (2) Section 1302(5)(B) is amended (A) by striking out clause (i), and (B) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. OPEN

42 USC SOOe.

ENROLLMENT

SEC. 103. (a) Section 1301(c) is amended by amending paragraph (4) to read as follows: "(4) have an open enrollment period in accordance with the provisions of subsection (d);". (b) Section 1301 is amended by adding at the end thereof the following: ' "(d)(1)(A) A health maintenance organization which— "(i) has for at least 5 years provided comprehensive health services on a prepaid basis, or . j. ^ ^ •::-! '••• "(ii) has an enrollment of at least 50,000 members, shall have at least once during each fiscal year next following a fiscal year in which it did not have a financial deficit an open enrollment period (determined under subparagraph (B)) during which it shall accept individuals for membership in the order in which they apply for enrollment and, except as provided in paragraph (2). without, regard to preexisting illness, medical condition, or degree of disability. "(B) An open enrollment period for a health maintenance organization shall be the lesser of— "(i) 30 days, or ,, "(ii) the number of days in which the organization enrolls a number of individuals at least equal to 3 percent of its total net increase in enrollment (if any) in the fiscal year preceding the fiscal year in which such period is held.

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 PUBLIC LAW 94-460—OCT. 8, 1976

90 STAT. 1947

For the purpose of determining the total net increase in enrollment in a health maintenance organization, there shall not be included any " ^ individual who is enrolled in the organization through a group which had a contract for health care services with the health maintenance organization at the time that such health maintenance organization was determined to be a qualified health maintenance organization under section 1310. 42 USC 300e-9. "(2) Notwithstanding the requirements of paragraph (1) a health maintenance organization shall not be required to enroll individuals who are confined to an institution because of chronic illness, permanent injury, or other infirmity which would cause economic impairment to the health maintenance organization if such individual were enrolled. "(3) A health maintenance organization may not be required to make the effective date of benefits for individuals enrolled under this subsection less than 90 days after the date of enrollment. "(4) The Secretary may waive the requirements of this subsection Waiver, for a health maintenance organization which demonstrates that compliance with the provisions of this subsection would jeopardize its economic viability in its service area.". DEriNITlON OF SERVICES

SEC. 104. (a)(1) Paragraph (1)(H) of section 1302 is amended to 42 USC 300e-l. read as follows: " (H) preventive health services (including (i) immunizations, (ii) well-child care from birth, (iii) periodic health evaluations for adults, (iv) voluntary family planning services, (v) infertility services, and (vi) children's eye and ear examinations conducted to determine the need for vision and hearing correction).". (2) Paragraph (1) of section 1302 is amended by striking out "or podiatrist" each place it occurs and substituting "podiatrist, or other health care personnel". (b) Paragraph (2) of such section is amended— (1) by striking out "under paragraph (1)(A) or (l)(H) " i n subparagraphs (B) and (C); (2) by striking out "and" at the end of subparagraph (E), by striking out the period at the end of subparagraph (F) and substituting "; and", and by adding after subparagraph (F) the following: "(G) other health services which are not included as basic health services and which have been approved by the Secretary for delivery as supplemental health services."; (3) by striking out "or podiatrist" each place it occurs and substituting "podiatrist, or other health care personnel". C O M M U N r i Y RATING

SEC. 105. (a)(1) Section 1301(b)(1) is amended by adding at the 42 USC 300e. end thereof the following new sentence: "In the case of an entity which before it became a qualified health maintenance organization (within the meaning of section 1310(d)) provided comprehensive health services on a prepaid basis, the requirement of clause (C) shall not apply to such entity until the expiration of the forty-eight month period beginning with the month following the month in which the entity became such a qualified health organization.".

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 90 STAT. 1948 42 USC 300e. 42 USC 300e-9. ' '"

r

42 USC 300e-5. '

.

' 42USe300e-l.

_.

PUBLIC LAW 94-460—OCT. 8, 1976 (2) The last sentence of section 1301(b)(2) is amended by inserting before the period the following: "except that, in the case of an entity which before it became a qualified health maintenance organization (within the meaning of section 1310(d)) provided comprehensive health services on a prepaid basis, the requirement of this sentence shall not apply to such entity during the forty-eight month period beginning with the month following the month in which the entity became such a qualified health maintenance organization". (3) Section 1306(b) is amended (A) by striking out "and" at the end of paragraph (6), (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following new paragraph: "(7) the application contains such assurances as the Secretary may require respecting the intent and the ability of the applicant to meet the requirements of paragraphs (1) and (2) of section 1301(b) respecting the fixing of basic health services payments and supplemental health services payments under a community rating system; and" (b) Section 1302(8)(A) is amended by inserting "differences in marketing costs and" after "reflect". (c) Subparagraph (B) of section 1302(8) is redesignated as subparagraph (C) and the following new subparagraph is inserted after subparagraph (A): "(B) Nominal differentials in such rates may be established to reflect the compositing of the rates of payment in a systematic manner to accommodate group purchasing practices of the various employers.". MEDICAL GROUP REQUIREMENTS

42 USC 300e-l.

SEC. 106._ (a) Section 1302(4)(C) is amended by striking out "(i) as their principal professional activity and as a group responsibility engage in the coordinated practice of their profession for a health maintenance organization" and substituting "(i) as their principal professional activity engage in the coordinated practice of their profession and as a group responsibility have substantial responsibility for the delivery of health services to members of a health maintenance organization". (b) Section 1302(4)(C) (ii) is amended by striking out "plan" and substituting "similar plan unrelated to the provision of specific health services". (c) 1302 (4)(C) (as amended by section 102(b)(1)) is amended by— (1) striking "and" before "(iv)", and (2) striking the period at the end of subparagraph (C) and substituting "; and (v) establish an arrangement whereby a member's enrollment status is not known to the health professional who provides health services to the member.". INCREASE I N L I M I T S ON ASSISTANCE FOR FEASIBILITY SURVEYS, P L A N N I N G, I N I T I A L DEVELOPMENT, AND I N I T I A L OPERATION

42 USC 300e-2.

SEC. 107. (a) Section 1303(e) is amended by striking "$50,000" and substituting "$75,000". 42 USC 300e-3. (b)(1) Section 1304(f)(1)(A) is amended by striking "$125,000" and substituting "$200,000". (2) Section 1304(f)(2)(A) is amended by inserting after "$1,000,000" the following: "or, in the case of a project for a health maintenance organization which will provide services to an additional

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Page:United States Statutes at Large Volume 90 Part 2.djvu/481

 PUBLIC LAW 94-460—OCT. 8, 1976

90 STAT. 1949

service area (as defined by the Secretary) or which will provide services in. one or more areas which are not contiguous, $1,600,000". (c) Section 1305(a) is amended by striking out "first thirty-six 42 USC 300e-4. months" each place it occurs and substituting "first sixty months". LOAN GUARANTEES FOR PRIVATE ENTITIES

SEC. 108. (a) Section 1304(a)(2) is amended to read as follows: "(2) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to— "(A) nonprofit private entities for planning projects for the establishment or expansion of health maintenance organizations, or " (B) other private entities for such projects for health maintenance organizations which will serve medically underserved populations.". (b) Section 1304(b)(1)(B) is amended to read as follows: "(B) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to— "(i) nonprofit private entitie§ for projects for the initial development of health maintenance organizations, or "(ii) other private entities for such projects for health maintenance organizations which will serve medically underserved populations.". (c) Section 1305(a)(3) is amended to read as follows: "(3) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to— "(A) nonprofit private health maintenance organizations for the amounts referred to in paragraph (1) or (2), or "(B) other private health maintenance organizations for such amounts but only if the health maintenance organization will serve a medically underserved population.". (d)(1) Section 1304(d) is amended by adding at the end the following new sentence: "In considering applications for loan guarantees under this section, the Secretary shall give special consideration to applications for projects for health maintenance organizations which will serve medically underserved populations.". (2) Section 1305 is amended by adding at the end thereof the following new subsection: "(f) In considering applications for loan guarantees under this section, the Secretary shall give special consideration to applications for health maintenance organizations which will serve medically underserved populations.".

42 USC 300e-3.

42 USC 300e-4.

Special consideration.

MISCELLANEOUS AMENDMENTS

SEC. 109. (a)(1) Section 1305(a) is amended by striking out "in 42 USC 300e-4. the period of" in paragraphs (1) and (2) and substituting "during a period not to exceed". (2) The last sentence of 1305(b)(1) is amended to read as follows: Limitation. "In any fiscal year the amount disbursed to a health maintenance organization under this section (either directly by the Secretary or by an escrow agent under the terms of an escrow agreement or by a lender under a loan guaranteed under this section) may not exceed $1,000,000.".

89-194 O—78—pt. 2

31

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 90 STAT. 1950

PUBLIC LAW 94-460—OCT. 8, 1976

42 USC 300e-6.

(b)(1) Section 1307(e) is amended— (A) by inserting "for a private health maintenance organization (other than a private nonprofit health maintenance organization) " after "may be made", and , (B) by inserting "for private health maintenance organizations (other than private nonprofit health maintenance organizations)" after "guaranteed". 42 USC 300e-7. (2) Section 1308(c) is amended by adding after paragraph (4) the following new paragraph: "(5) Any reference in this title (other than in this subsection and in subsection (d)) to a loan guarantee under this title does not include a loan guarantee made under this subsection.". (c)(1) Section 1308(a)(1)(A) is amended by striking out "for similar loans" and substituting "for loans with similar maturities, terms, conditions, and security". (2) Section 1308(b)(2)(D) is amended by striking out "loans guaranteed under this title" and substituting "marketable obligations of the United States of comparable maturities, adjusted to provide for appropriate administrative charges". 42 USC 300e-2. (d)(1) The last sentence of section 1303(i) is amended— (A) by striking "the fiscal year ending June 30, 1974, or June 30, 1975," and substituting "any fiscal year"; and (B) by striking "for projects other than those described in clause (1) of such sentence" and substituting "for any project, with priority being given to projects described in clause (1) of SUCn. S6Ilt€IlCG

42 USC 300e-3.

(2) The last sentence of section 1304(k)(1) is amended— (A) by striking "the fiscal year ending June 30, 1974, or June 30, 1975," and substituting "any fiscal year"; and (B) by striking "for projects other than those described in clause (A) of such sentence" and substituting "for any project, with priority being given to projects described in clause (A) of such sentence". (3) The last sentence of section 1304(k)(2) is amended— (A) by striking "the fiscal year ending June 30, 1974, or in either of the next two fiscal years" and substituting "any fiscal year"; and (B) by striking "for projects other than those described in clause (A) of such sentence" and substituting "for any project, with priority being given to projects described in clause (A) of such sentence". (e) Section 1304(b)(2)(D) is amended by striking out "for such an organization" and substituting "who will engage in practice principally for the health maintenance organization". EMPLOYEE H E A L T H BENEFITS

42 USC 300e-9. I. ft«»

29 USC 206. 29 USC 213.

PLANS

SEC. 110. (a) Section 1310 is amended— (1) by amending subsection (a) to read as follows: "SEC. 1310. (a)(1) In accordance with regulations which the Secretary shall prescribe— " (A) each employer— "(i) which IS now or hereafter required during any calendar quarter to pay its employees the minimum wage prescribed by section 6 of the Fair Labor Standards Act of 1938 (or would be required to pay its employees such wage but for section 13(a) of such Act), and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/483

 PUBLIC LAW 94-460—OCT. 8, 1976 "(ii) which during such calendar quarter employed an average number of employees of not less than 25, shall include in any health benefits plan, and "(B) any State and each political subdivision thereof which during any calendar quarter employed an average number of employees of not less than 25, as a condition of the payment to the State of funds under section 314(d), 317, 318, 1002, 1525, or 1613, shall include in any health benefits plan, offered to such employees in the calendar year beginning after such calendar quarter the option of membership in qualified health maintenance organizations which are engaged in the provision of basic health services in health maintenance organization service areas in which at least 25 of such employees reside. "(2) If any of the employees of an employer or State or political subdivision thereof described in paragraph (1) are represented by a collective bargaining representative or other employee representative designated or selected under any law, offer of membership in a qualified health maintenance organization required by paragraph (1) to be made in a health benefits plan offered to such employees (A) shall first be made to such collective bargaining representative or other employee representative, and (B) if such offer is accepted by such representative, shall then be made to each such employee."; (2) by amending paragraphs (1) and (2) of subsection (b) to read as follows: "(1) one or more of such organizations provides basic health services (A) without the use of an individual practice association and (B) without the use of contracts (except for contracts for unusual or infrequently used services) with health professionals, and "(2) one or more of such organizations provides basic health services through (A) an individual practice association (or associations), (B) health professionals who have contracted with the health maintenance organization for the provision of such services, or (C) a combination of such association (or associations) or health professionals under contract with the organization,"; (3) by striking out the last sentence of subsection (c); and (4) by adding after subsection (d) the following new subsections: "(e)(1) Any employer who knowingly does not comply with one or more of the requirements of subsection (a) shall be subject to a civil penalty of not more than $10,000. If such noncompliance continues, a civil penalty may be assessed and collected under this subsection for each thirty-day period such noncompliance continues. Such penalty may be assessed by the Secretary and collected in a civil action brought by the United States in a United States district court. "(2) In any proceeding by the Secretary to assess a civil penalty under this subsection, no penalty shall be assessed until the employer charged shall have been given notice and an opportunity to present its views on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the Secretary shall consider the gravity of the noncompliance and the demonstrated good faith of the employer charged in attempting to achieve rapid compliance after notification by the Secretary of a noncompliance. "(3) In any civil action brought to review the assessment of a civil penalty assessed under this subsection, the court shall, at the request of any party to such action, hold a trial de novo on the assessment of such civil penalty and in any civil action to collect such a civil

90 STAT. 1951

42 USC 246, 247b, 247c, 300a, 300m-4, 300p-3.

-

Civil penalty,

Notice,

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 90 STAT. 1952

'Employer."

26 USC 501.

Notice and hearing. 42 USC 246, 247b, 247c, 300a, 300m-4 300p-3. Administration.

42 USC 300e11.

"Qualified health maintenance carrier." 42 USC 300e-9.

PUBLIC LAW 94-460—OCT. 8, 1976 penalty, the court shall, at the request of any party to such action, hold a trial de novo on the assessment of such civil penalty unless in a prior civil action to review the assessment of such penalty the court held a trial de novo on such assessment. " (f) For purposes of this section, the term 'employer' does not include (1) the Government of the United States, the government of the District of Columbia or any territory or possession of the United States, a State or any political subdivision thereof, or any agency or instrumentality (including the United States Postal Service and Postal Rate Commission) of any of the foregoing; or (2) a church, convention or association of churches, or any organization operated, supervised or controlled by a church, convention or association of churches which organization (A) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1954, and (B) does not discriminate (i) in the employment, compensation, promotion, or termination of employment of any personnel, or (ii) in the extension of staff or other privileges to any physician or other health personnel, because such persons seek to obtain or obtained health care, or participate in providing health care, through a health maintenance organization. " (g) If the Secretary, after reasonable notice and opportunity for hearing to a State, finds that it or any of its political subdivisions has failed to comply with one or more of the requirements of subsection (a), the Secretary shall terminate payments to such State under sections 3 1 4 (d), 317, 318, 1002, 1525, and 1613 and notify the Governor of such State that further payments under such sections will not be made to the State until the Secretary is satisfied that there will no longer be any such failure to comply. " (h) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a qualified health maintenance organization within the meaning of subsection (d), shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the administration of such duties and functions shall be integrated with the administration of section 1312(a).". (b) Section 8902 of title 5, United States Code, relating to Federal employee health insurance, is amended by adding at the end thereof the following new subsection: "(1) The Commission shall contract under this chapter for a plan described in section 8903(4) of this title with any qualified health maintenance carrier which offers such a plan. For the purpose of this subsection, 'qualified health maintenance carrier' means any qualified carrier which is a qualified health maintenance organization within the meaning of section 1310(d)(1) of title X III of the Public Health Service Act (42 U.S.C. 3 0 0 c - 9 (d)). ". ENFORCEMENT

42 USC 300e11. Determination, notification.

REQUIREMENTS

SEC. 111. (a) Section 1312(a) is amended by striking out all of the section following paragraph (3) and substituting the following: "the Secretary may take the action authorized by subsection (b). " (b) Section 1312(b) is amended to read as follows: " (b)(1) If the Secretary makes, with respect to any entity which provided assurances to the Secretary under section 1 3 1 0 (d)(1), a determination described in subsection (a), the Secretary shall notify the entity in writing of the determination. Such notice shall specify the manner in which the entity has not complied with such assurances

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 PUBLIC LAW 94-460—OCT. 8, 1976 and direct that the entity initiate (within 30 days of the date the notice is issued by the Secretary or within such longer period as the Secretary determines is reasonable) such action as may be necessary to bring (within such period as the Secretary shall prescribe) the entity into compliance with the assurances. If the entity fails to initiate corrective action within the period prescribed by the notice or fails to comply with the assurances within such period as the Secretary prescribes (A) the entity shall not be a qualified health maintenance organization for purposes of section 1310 until such date as the Secretary determines that it is in compliance with the assurances, and (B) each employer which has offered membership in the entity in compliance with section 1310, each lawfully recognized collective bargaining representative or other employee representative which represents the employees of each such employer, and the members of such entity shall be notified by the entity that the entity is not a qualified health maintenance organization for purposes of such section. The notice required by clause (B) of the preceding sentence shall contain, in readily understandable language, the reasons for the determination that the entity is not a qualified health maintenance orsfanization. The Secretary shall publish in the Federal Register each determination referred to in this paragraph. "('2) Tf the Secretary makes, with respect to an entity which has received a grant, contract, loan, or loan guarantee under this title, a determination described in subsection (a), the Secretary may, in addition to any other remedies available to him, bring a civil action in the United States district court for the district in which such entity is located to enforce its compliance with the assurances it furnished respecting the provision of basic and supplemental health services or its organization or operation, as the case may be, which assurances were made in connection with its application under this title for the grant, contract, loan, or loan 2fuarantee.". (c) Section 1312 is amended by adding at the end the following new subsection: "(c) The Secretary, acting through the Assistant Secretary for Health, shall administer subsections (a) and (b) in the Office of the Assistant Secretary for Health.".

90 STAT. 1953

Notification.

42 USC 300e-9.

Publication in Federal Register.

42 USC 300e11. Administration.

H M O S AISTD FEDERAL H E A L T H BENEFITS PROGRAMS

SEC. 112. Section 1307(d) is amended by adding after and below 42 USC 300e-6. paragraph (2) the following new sentence: "An entity which provides health services to a defined population on a prepaid basis and which has members who are enrolled under the health benefits program authorized by chapter 89 of title 5, United States Code, may be con- 5 USC 8901 sidered as a health maintenance organization for purposes of receiving et seq. assistance under this title if with respect to its other members it provides health services in accordance with section 1301(b) and is 42 USC SOOe. organized and operated in the manner prescribed by section 1301(c).". EXTENSIONS AND AUTHORIZATIONS

SEC. 113. (a) Section 1304(j) is amended (1) by striking out 42 USC 300e-3. "September 30, 1976" and substituting "September 30, 1978", and (2) by striking out "September 30, 1977" and substituting "September 30, 1979". (b) Subsection (d) of section 1305 is amended to read as follows: 42 USC 300e-4. "(d) No loan may be made or guaranteed under this section after September 30, 1980.".

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 90 STAT. 1954

PUBLIC LAW 94-460—OCT. 8, 1976

42 USC 300e-8.

' ,

(c) Section 1309(a) is amended— (1) by striking out "and" after "1975,", (2) by inserting after "1976" the following: ",$45,000,000 for the fiscal year ending September 30, 1977, and $45,000,000 for the fiscal year ending September 30, 1978", (3) by striking out "ending June 30, 1977" and substituting "ending September 30, 1977", and (4) by striking out "$85,000,000" the first time it occurs and substituting "$40,000,000", and by striking out "$85,000,000" the second time it occurs and substituting "$50,000,000". RESTRICTIVE STATE LAWS

42 USC 300elO'^^g®**5

SEC. 114. Section 1311 is amended by adding at the end the following new subsection: (c) The Secretary shall, within 6 months after the date of the enactment of this subsection, develop a digest of State laws, regulations, and practices pertaining to development, establishment, and operation of health maintenance organizations which shall be updated at least quarterly and relevant sections of which shall be provided to the Governor of each State annually. Such digest shall indicate which State laws, regulations, and practices appear to be inconsistent with the operation of this section. The Secretary shall also insure that appropriate legal consultative assistance is available to the States for the purpose of complying with the provisions of this section." PROGRAM EVALUATION BY THE COMPTROLLER

42 USC 300e13.

42 USC 300e2-300e-4. Report to Congress.

GENERAL

SEC. 115. So much of section 1314(a) as precedes paragraph (1) thereof is amended to read as follows: "SEC. 1314. (a) The Comptroller General shall evaluate the operations of at least ten or one-half (whichever is greater) of the health maintenance organizations for which assistance was provided under sections 1303, 1304, and 1305, and which, by December 31, 1976, have been designated by the Secretary under section 1310(d) as qualified health maintenance organizations. The Comptroller General shall report to the Congress the results of the evaluation by June 30, 1978. Such report shall contain findings—". ADMINISTRATION OF PROGRAMS

SEC. 116. Title X III is amended by adding after section 1315 the following new section: 'ADMINISTRATION or

PROGRAM

42 USC 300e"SEC. 1316. The Secretary shall administer this title (other than 15. sections 1310 and 1312) through a single identifiable administrative 42 USC 300e-9, unit of the Department.". 300e-ll. CONFORMING AMENDMENTS

SEC. 117. (a) Section 1532(c) is amended by adding the following sentence at the end thereof: "The criteria established by any health systems agency or State Agency under paragraph (8) shall be consistent with the standards and procedures established by the Secretary 42 USC 300e-5. under section 1306(c) of this Act.". 42 USC 300n-l.

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 PUBLIC LAW 94-460—OCT. 8, 1976 (b)(1) Paragraph (6) of section 1302 is amended to read as follows: "(6) The term 'health systems agency' means an entity which is designated in accordance with section 1515 of this Act.". (2) Paragraph (7) of section 1302 is amended by— (A) striking "section 314(a) State health planning agency whose section 314(a) plan" and substituting "State health planning and development agency which"; and (B) striking "section 314(b) areawide health planning agency whose section 314(b) plan", and substituting "health systems agency designated for a health service area which". (3) Paragraph (1) of section 1303(b) is amended by striking "section 314(b) areawide health planning agency (if any) whose section 314(b) plan" and substituting "each health systems agency designated for a health service area which". (4) Paragraph (1) of section 1304(c) is amended by striking "section 314(b) areawide health planning agency (if any) whose section 314(b) plan" and substituting "each health systems agency designated for a health service area which". (5) Section (b)(5) of section 1306 is amended to read as follows: "(5) each health systems agency designated for a health service area which covers (in whole or in part) the area to be served by the health maintenance organization for which such application is submitted:". (6) Subsection (c) of section 1306 is amended by striking "section 314(b) areawide health planning agencies and section 314(a) State health planning agencies" and substituting "health systems agencies".

90 STAT. 1955 42 USC 300e-l. "Health systems agency." 42 USC 300/-4.

42 USC 300e-2.

42 USC 300e-3.

42 USC 300e-5.

EFFECTIVE DATES

SEC. 118. (a) Except as provided in subsection (b), the amendments made by this title shall take effect on the date of the enactment of this Act. (b)(1) The amendments made by sections 101, 102, 103, 104, and 106 shall (A) apply with respect to grants, contracts, loans, and loan guarantees made under sections 1303, 1304, and 1305 of the Public Health Service Act for fiscal years beginning after September 30, 1976, (B) apply with respect to health benefit plans offered under section 1310 of such Act after such date, and (C) for purposes of section 1312 take effect October 1, 1976. (2) Subsection (d) of section 1301 of the Public Health Service Act (added by section 103(b) of this Act) shall take effect with respect to fiscal years of health maintenance organizations beginning on or after the date of the enactment of this Act. (3) The amendments made by section 107 shall apply with respect to grants, contracts, loans, and loan guarantees made under sections 1303, 1304, and 1305 of the Public Health Service Act for fiscal years beginning after September 30, 1976. (4) The amendments made by sections 109(a)(1) and 109(c) shall apply with respect to loan guarantees made under section 1305 of the Public Health Service Act after September 30, 1976. (5) The amendment made by section 109(e) shall apply with respect to projects assisted under section 1304 of the Public Health Service Act after September 30, 1976. (6) The amendments made by paragraphs (1) and (2) of section 110(a) shall apply with respect to calendar quarters which begin after the date of the enactment of this Act.

42 USC 300e note.

42 USC 300e2-300e-4. 42 USC 300e-9. 42 USC 300e11. 42 USC 300e.

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 90 STAT. 1956

PUBLIC LAW 94-460—OCT. 8, 1976

(7) The amendments made by paragraph s (3) and (4) of section 110 shall apply with respect to failures of employers to comply with 42 USC 300e-9. section 1310(a) of the Public Health Service Act after the date of the enactment of this Act. (8) The amendment made by section 111 shall apply with respect 42 USC 300eto determinations of the Secretary of Health, Education, and Welfare U. described in section 1312(a) of the Public Health Service Act and made after the date of the enactment of this Act. TITLE II—AMENDMENTS TO SOCIAL SECUEITY ACT MEDICARE AMENDMENTS

42 USC 1395mm. "Health maintenance organization.'

42 USC 1395x.

42 USC 300e. "Basic health

Administration.

SEC. 201. (a) Section 1876(b) of the Social Security Act is amended to read as follows: " (b)(1) The term 'health maintenance organization' means a legal entity which provides health services on a prepayment basis to individuals enrolled with such organizations and which— " (A) provides to its enrollees who are insured for benefits under part s A and B of this title or for benefits under part B alone, through institutions, entities, and persons meeting the applicable requirements of section 1861, all of the services and benefits covered under such part s (to the extent applicable under subparagraph (A) or (B) of subsection (a)(1)) which are available to individuals residing in the geographic area served by the organization; " (B) provides such services in the manner prescribed by section 1301(b) of the Public Health Service Act, except that solely for the purposes of this section— " (i) the term 'basic health services' and references thereto shall be deemed to refer to the services and benefits included under parts A and B of this title; " (ii) the organization shall not be required to fix the basic health services payment under a community r a t i n g system; " ( i i i) the additional nominal payments authorized by section 1301(b)(1)(D) of such Act shall not exceed the limits applicable under subsection (g) of this section; and " ( i v) payment for basic health services provided by the organization to its enrollees under this section or for services such enrollees receive other than through the organization shall be made as provided for by this title; " (C) is organized and operated in the manner prescribed by section 1301(c) of the Public Health Service Act, except that solely for the purposes of this section— " (i) the term 'basic health services' and references thereto shall i3e deemed to refer to the services and benefits included under part s A and B of this title; " ( i i) the organization shall not be reimbursed for the cost of reinsurance except as permitted by subsection (i) of this section; and " ( i i i) the organization shall have an open enrollment period as provided for in subsection (k) of this section. " (2)(A) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a 'health maintenance organization' within the meaning of paragraph (1), shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the admin-

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 PUBLIC LAW 9 4 - 4 6 0 ~ O C T. 8, 1976

90 STAT. 1957

istration of such duties and functions shall be integrated with the administration of section 1312(a) and (b) of the Public Health Service Act. " (B) Except as provided in subparagraph (A), the Secretary shall administer the provisions of this section through the Commissioner of Social Security.". (b) Section 1876(h) of such Act is amended to read as follows: " (h)(1) Except as provided in paragraph (2), each health maintenance organization with which the Secretary enters into a contract under this section shall have an enrolled membership at least half of which consists of individuals who have not attained age 65. " (2) The Secretary may waive the requirement imposed in paragraph (1) for a period of not more than three years from the date a health maintenance organization first enters into an agreement with the Secretary pursuant to subsection (i), but only for so long as such organization demonstrates to the satisfaction of the Secretary by the submission of its plan for each year that it is making continuous efforts and progress toward compliance with the provisions of paragraph (1) within such three-year period.". (c) Section 1876(i)(6)(B) of such Act is amended by striking out " ( other than those with respect to out-of-area services)" and inserting in lieu thereof " ( other than costs with respect to out-of-area services and, in the case of an organization which has entered into a risksharing contract with the Secretary pursuant to paragraph (2)(A), the cost of providing any member with basic health services the aggregate value of which exceeds $5,000 in any year) ". (d) Section 1876 is amended by adding at the end thereof the following— " (k) Each health maintenance organization with which the Secretary enters into a contract under this section shall have an open enrollment period at least every year under which it accepts u p to the limits of its capacity and without restrictions, except as may be authorized in reofulations, individuals who are eligible to enroll under subsection (d) in the order in which they apply for enrollment (unless to do so would result in failure to meet the requirements of subsection (h)) or would result in enrollment of enrollees substantially nonrepresentative, as determined in accordance with regulations of the Secretary, of the population in the geographic area served by such health maintenance organization.". (e) The amendments made by this section shall be effective with respect to contracts entered into between the Secretary and health maintenance organizations under section 1876 of the Social Security Act on and after the first day of the first calendar month which begins more than 30 days after the date of enactment of this Act.

42 USC 300e11.

42 USC 1395mm.

Waiver.

Open enrollment period.

Effective date.

42 USC 1395mm note.

MEDICAID AMENDMENTS

SEC. 202. (a) Section 1903 of the Social Security Act is amended by adding at the end thereof the following new subsection: " (m)(1)(A) The term 'health maintenance organization' means a legal entity which provides health services to individuals enrolled in such organization and which— " (i) provides to its enrollees who are eligible for benefits under this title the services and benefits described in paragraph s (1), (2), (3), (4)(C), and (5) of section 1905, and, to the extent required by section 1902(a) (13)(A) (ii) to be provided under a State plan for medical assistance, the services and benefits described in paragraph (7) of section 1905(a);

42 USC 1396b, "Health maintenance organization.'

42 USC 1396d,. 42 USC 1396a.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/490

 90 STAT. 1958 "Basic health services." 42 USC 300e.

PUBLIC LAW 94-460—OCT. 8, 1976

"(ii) provides such services and benefits in the manner prescribed in section 1301(b) of the Public Health Service Act (except that, solely for purposes of this paragraph, the term 'basic health services' and references thereto, when employed in such section, shall be deemed to refer to the services and benefits described in paragraphs (1), (2), (3), (4)(C),and (5) of section 42 USC 1396d. 1905(a), and, to the extent required by section 1902(a) (13)(A) 42 USC 1396a. (ii) to be provided under a State plan for medical assistance, the services and benefits described in paragraph (7) of section 1905 (a)); and "(iii) is organized and operated in the manner prescribed by section 1301(c) of the Public Health Service Act (except that solely for purposes of this paragraph, the term 'basic health services' and references thereto, when employed in such section shall be deemed to refer to the services and benefits described in section 1905 (a)(1), (2), (3), (4)(C),and (5), and to the extent required by section 1902(a) (13)(A) (ii) to be provided under a State plan for medical assistance, the services and benefits described in paragraph (7) of section 1905(a)). Administration. "(B) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a health maintenance organization within the meaning of subparagraph (A), shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the administration of such duties and functions shall be integrated with the administration of section 1312(a) and (b) of the Public Health 42 USC 300e- Service Act. IL "(2)(A) Except as provided in subparagraphs (B) and (C), no payment shall be made under this title to a State with respect to expenditures incurred by it for payment for services provided by any entity— " (i) which is responsible for the provision of— " (I) inpatient hospital services and any other service described in paragraph (2), (3), (4), (5), or (7) of section 1905(a), or " ( II) any three or more of the services described in such paragraphs, when payment for such services is determined under a prepaid capitation risk basis or under any other risk basis; "(ii) which the Secretary (or the State as authorized by paragraph (3)) has not determined to be a health maintenance organization as defined in paragraph (1); and "(iii) more than one-half of the membership of which consists of individuals who are insured under parts A and B of title X V H I or recipients of benefits under this title. "(B) Subparagraph (A) does not apply with respect to payments under this title to a State with respect to expenditures incurred by it for payment for services provided by an entity which— "(i)(I) received a grant of at least $100,000 in the fiscal year ending June 30, 1976, under section 319(d)(1)(A) or 330(d)(1) 42 USC 247d, of the Public Health Service Act, and (II) for the period begin254c. ning July 1, 1976, and ending on the expiration of the peroid for which payments are to be made under this title has been the recipient of a grant under either such section; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/491

 PUBLIC LAW 94-460—OCT. 8, 1976 " ( II) provides to its enrollees, on a prepaid capitation risk basis or on any other risk basis, all of the services and benefits described in paragraphs (1), (2), (3), (4)(C), and (5) of section 1905(a) and, to the extent required by section 1902(a) (13)(A) (ii) to be provided under a State plan for medical assistance, the services and benefits described in paragraph (7) of such section; or "(ii) is a nonprofit primary health care entity located in a rural area (as defined by the Appalachian Regional Commission)— " (I) which received in the fiscal year ending June 30, 1976, at least $100,000 (by grant, subgrant, or subcontract) under the Appalachian Regional Development Act of 1965, and " ( II) for the period beginning July 1, 1976, and ending on the expiration of the period for which payments are to be made under this title either has been the recipient of a grant, subgrant, or subcontract under such Act or has provided services under a contract (initially entered into during a year in which the entity was the recipient of such a ^ a n t, subgrant, or subcontract) with a State agency under this title on a prepaid capitation risk basis or on any other risk basis; or "(iii) which has contracted with the single State agency for the provision of services (but not including inpatient hospital services) to persons eligible under this title on a prepaid risk basis prior to 1970. "(C) Subparagraph (A) (iii) shall not apply with respect to payments under this title to a State with respect to expenditures incurred by it for payment for services by an entity during the three-year period beginning on the date of enactment of this subsection or beginning on the date the entity enters into a contract with the State under this title for the provision of health services on a prepaid risk basis, whichever occurs later, but only if the entity demonstrates to the satisfaction of the Secretary by the submission of plans for each year of such three-year period that it is making continuous efforts and progress toward achieving compliance with subparagraph (A) (iii). "(3) A State may, in the case of an entity which has submitted an application to the Secretary for determination that it is a health maintenance organization within the meaning of paragraph (1) and for which no such determination has been made within 90 days of the submission of the application, make a provisional determination for the purposes of this title that such entity is such a health maintenance organization. Such provisional determination shall remain in force until such time as the Secretary makes a determination regarding the entity's qualification under paragraph (1).". (b) The amendment made by subsection (a) shall apply with respect to payments under title X IX of the Social Security Act to States for services provided— (1) after the date of enactment of subsection (a) under contracts under such title entered into or renegotiated after such date, or (2) after the expiration of the 1-year period beginning on such date of enactment, whichever occurs first.

90 STAT. 1959

42 USC 1396(i. 42 USC 1396a.

40 USC app. 1.

42 USC 1396b note. 42 USC 1396.

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 90 STAT. 1960

PUBLIC LAW 94-460—OCT. 8, 1976 •

TITLE III—MISCELLANEOUS AMENDMENTS CENTER FOR H E A L T H SERVICES POLICY ANALYSIS

42 USC 242c.

.i

S E C 301. Section 305(d)(1) of the Public Health Service Act is amended (1) by striking out "two national special emphasis centers" and substituting "three national special emphasis centers", (2) by striking out "and one" and substituting "one", and (3) by inserting before the last close parenthesis a semicolon and the following: "and one of which (to be designated as the Health Services Policy Analysis Center) shall focus on the development and evaluation of national policies with respect to health services, including the development of health maintenance organizations and other forms of group practice, with a view toward improving the efficiencies of the nealth services delivery system". HOME HEALTH EXTENSION

42 USC 1395x note.

SEC. 302. (a) Section 602(a)(5) of Public Law 94-63 is amended by inserting ", $2,000,000 for the period July 1, 1976, through September 30, 1976, $8,000,000 for the fiscal year ending September 30, 1977" after "1976". (b) Section 602(b)(4) of Public Law 94-63 is amended by inserting ", $1,000,000 for the period July 1, 1976, through September 30, 1976, and $4,000,000 for the fiscal year ending September 30, 1977" after "1976". EXTENSION OF REPORTING DATE

42 USC 289k-2 "ot®-

SEC. 303. Section 603(b) of Public Law 94-63 is amended by striking "Within one year" and substituting "Not later than 2 years". TECHNICAL

21 USC 360d.

SEC. 304. Section 514(a) of the Federal Food, Drug, and Cosmetic Act is amended by redesignating paragraphs (4) and (5) as paragraphs (3) and (4),respectively. Approved October 8, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-518 (Comm. on Interstate and Foreign eommerce) and No. 94-1513 (Comm. of eonference). SENATE REPORT No. 94-844 accompanying S. 1926 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 7, considered and passed House. Vol. 122 (1976): June 14, considered and passed Senate, amended, in lieu of S. 1926. Sept. 16, Senate agreed to conference report. Sept. 23, House agreed to conference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: Vol. 12, No. 42 (1976): Oct. 9, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/493

 PUBLIC LAW 94-461—OCT. 8, 1976

90 STAT. 1961

Public Law 94-461 94th Congress An Act To improve the national sea grant program and for other purposes.

Be it enaHed by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act maybe cited as the "Sea Grant Program Improvement Act of 1976". SEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966.

Title II of the Marine Kesources and Engineorinoj Development Act of 19G6 (83 U.S.C. 1101 et seq.) is amended to read as follows: "TITLE II—NATIONAL SEA GRANT PROGRAM "SEC. 201. SHORT TITLE.

Oct. 8, 1976 [H.R. 13035] Sea Grant Program Improvement Act of 1976. 33 USC 1121 note.

National Sea Grant Program Act. 33 USC 1121 note.

"This title may be cited as the 'National Sea Grant Program Act'. "SEC. 202. DECLARATION OF POLICY. 33 USC 1121. " (a) FiNDTXGS.—The Congress finds and declares the following: " (1) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, utilization, and conservation of ocean and coastal resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce. " (2) The understanding, assessment, development, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industiy, universities, organizations, and individuals concerned with or affected by ocean and coastal resources. " (3) The National Oceanic and Atmospheric Aduiinistration, through the national sea g r a n t program, offers the most suitable locus and means for such conmiitment and involvement through the promotion of activities that will result in greater such understanding, assessment, development, utilization, and conservation. Continued and increased Federal support of the establishment, development, and operation of programs and projects by sea g r a n t colleges, sea grant regional consoitia, institutions of higher education, institiites, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities. " (b) OBJIXTIVE.—The objective of this title is to increase the understanding, assessment, development, utilization, and conservation of the Nation's ocean and coastal resources by providing assistance to promote a strong educational pase, responsive research and training activities, and broad and p i o m p t dissemination of knowledge and techniques. " (c) PURPOSE.—It is the purpose of the Congress to achieve the objective of this title by extending and strengthening the national sea

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Page:United States Statutes at Large Volume 90 Part 2.djvu/494

 9 0 STAT. 1962

33 USC 1122. .,

'••

-

PUBLIC LAW 94-461—OCT. 8, 1976 g r a n t program, initially established in 1966, to promote research, education, training, and advisory service activities in fields related to ocean and coastal resources. "SEC. 203. DEFINITIONS. "As used in this title— " (1) The term 'Administration' means the National Oceanic and Atmospheric Administration. " (2) The term 'Administrator' means the Administrator of the National Oceanic and Atmospheric Administration. " (3) The term 'Director' means the Director of the national sea g r a n t program, appointed pursuant to section 204(b). " (4) The term 'field related to ocean and coastal resources' means any discipline or field (including marine science (and the physical, n a t u r a l, and biological sciences, and engineering, included therein), marine technology, education, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, utilization, or conservation of ocean and coastal resources. " (5) The term 'includes' and variants thereof should be read as if the phrase 'but is not limited to' were also set forth. " (6) The term 'marine environment' means the coastal zone, as defined in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1 4 5 3 (1)); the seabed, subsoil, and waters of the territorial sea of the United States; the waters of any zone over which the United States asserts exclusive fishery management authority; the waters of the high seas; and the seabed and subsoil of and beyond the outer Continental Shelf. " (7) The term 'ocean and coastal resource' means any resource (whether living, nonliving, manmade, tangible, intangible, actual, or potential) which is located in, derived from, or traceable to, the marine environment. Such term includes the habitat of any such living resource, the coastal space, the ecosystems, the nutrientrich areas, and the other components of the marine environment which contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish, marine mammals, and wildlife. Nonliving resources include energy sources, minerals, and chemical substances. " (8) The term ' p a n e l ' means the sea g r a n t review panel established under section 209. " (9) The term 'person' means any individual; any public or private corporation, partnership, or other association or entity (inchuling any sea g r a n t college, sea g r a n t regional consortium, institution of higher education, institute, or laboratory); or any State, political subdivision of a State, or agency or officer thereof. "(10) The term 'sea grant college' means any public or private institution of higher education which is designated as such by the Secretary under section 207. " (11) The term 'sea grant program' means any program which— " (A) is administered by any sea grant college, sea g r a n t regional consortium, institution of higher education, institute, laboratory, or State or local agency; and " (B) includes two or more projects involving one or more of the following activities in fields related to ocean and coastal resources:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/495

 PUBLIC LAW 94-461—OCT. 8, 1976 " (i) research, " ( i i) education, " ( i i i) training, or " ( i v) advisory services. "(12) The term 'sea g r a n t regional consortium' means any association or other alliance which is designated as such by the Secretary under section 207. "(13) The term 'Secretary' means the Secretary of Commerce. " (14) The term ' State ' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States. "SEC. 204. NATIONAL SEA GRANT PROGRAM. " (a) IN GENERAL.—The Secretary shall maintain, within the Administration, a program to be known as the national sea g r a n t program. The national sea g r a n t program shall consist of the financial assistance and other activities provided for in this title. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program. " (b) DIRECTOR.—(1) The Secretary shall appoint a Director of the national sea g r a n t program who shall be a qualified individual who has— " (A) knowledge or expertise in fields related to ocean and coastal resources; and " (B) appropriate administrative experience. " (2) The Director shall be appointed and compensated, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, at a rate not in excess of the maximum rate for G S - 1 8 of the General Schedule under section 5332 of such title. " (c) DUTIES.—The Director shall administer the national sea g r a n t program subject to the supervision of the Secretary and the A d m i n istrator. I n addition to any other duty prescribed by law or assigned by the Secretary, the Director shall— " (1) apply the long-range planning guidelines and the priorities established by the Secretary under subsection (a); " (2) advise the Administrator with respect to the expertise and capabilities which are available within or through the national sea g r a n t program, and provide (as directed by the Administrator) those which are or could be of use to other offices and activities within the Administration; " (3) evaluate activities conducted under grants and contracts awarded pursuant to sections 205 and 206 to assure that the objective set forth in section 202(b) is implemented; " (4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national sea g r a n t program, on a cooperative or other basis; " (5) advise the Secretary on the designation of sea g r a n t colleges and sea g r a n t regional consortia and, in appropriate cases, if any, on the termination or suspension of any such designation; and " (6) encourage the formation and growth of sea g r a n t programs. " (d) POWERS.—To carry out the provisions of this title, the Secretary may—

90 STAT. 1963

33 USC 1123. Planning guidelines and priorities.

5 USC 3301 et seq.

5 USC 5332 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/496

 90 STAT. 1964

5 USC 3301 et seq.

5 USC 5332 note.

Publication.

Rules and regulations. 33 USC 1124.

Application.

PUBLIC LAW 94-461—OCT. 8, 1976 " (1) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with the civil service laws; except that five positions may be established without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, but the p a y rates for such positions may not exceed the maximum rate for GS-18 of the General Schedule under section 5332 of such title; " (2) make appointments with respect to temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code; " (3) publish or arrange for the publication of, and otherwise disseminate, in cooperation with other services, offices, and programs in the Administration, any information of research, educational, training, and other value in fields related to ocean and coastal resources and with respect to ocean and coastal resources, without regard to section 501 of title 44, United States Code; " (4) enter into contracts, cooperative agreements, and other transactions without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 6); " (5) accept donations and voluntary and uncompensated services, notwithstanding section 3679 of the Revised Statutes of the United States (31 U.S.C. 6 6 5 (b)); and " (6) issue such rules and regulations as may be necessary and appropriate. "SEC. 205. CONTRACTS AND GRANTS. " (a) I x GENERAL.—The Secretary may make grants and enter into contracts under this subsection to assist any sea g r a n t program or project if the Secretary finds that such program or project wall— " (1) implement the objective set forth in section 2 0 2 (b); and " (2) be responsive to the needs or problems of individual States or regions. The total amount paid pursuant to any such grant or contract may equal 66% percent, or any lesser percent, of the total cost of the sea g r a n t program or project involved. " (b) SPECIAL GRAXTS.—The Secretary may make special g r a n t s under this subsection to implement the objective set forth in section 202(b). The amount of any such g r a n t may equal 100 percent, or any lesser percent, of the total cost of the project involved. No g r a n t may be made under this subsection unless the Secretary finds that— " (1) no reasonable means is available through which the applicant can meet the matching requirement for a g r a n t under subsection (a); " (2) the probable benefit of such project outweighs the public interest in such matching requirement; and " (3) the same or equivalent benefit cannot bo obtained through the award of a contract or g r a n t under subsection (a) or section 206. The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 percent of the total funds appropriated for such year pursuant to section 212. " (c) ELIGIBILITY AXD PROCEDURE.—Any person may a p p l y to the

Secretary for a g r a n t or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/497

 PUBLIC LAW 94-461—OCT. 8, 1976 "(d)

90 STAT. 1965

TERMS XVND CONDITIONS.— (1) Any g r a n t made, or contract

entered into, under this section shall be subject to the limitations and provisions set forth in paragraph s (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. " (2) No payment under any grant or contract under this section may be applied to— " (A) the purchase or rental of any l and; or " (B) the purchase, rental, construction, preservation, or repair of any building, dock, or vessel; except that payment under any such grant or contract may, if approved by the Secretary, be applied to the purchase, rental, construction, preservation, or repair of non-self-propelled habitats, buoys, platforms, and other similar devices or structures, or to the rental of any research vessel which is used in direct support of activities under any sea g r a n t program or project. " (3) The total amount which may be obligated for payment pursuant to grants made to, and contracts entered into with, persons under this section within any one State in any fiscal year shall not exceed an amount equal to 15 percent of the total funds appropriated for such year pursuant to section 212. " (4) Any person who receives or utilizes any proceeds of any g r a n t or contract under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers, and records of receipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such g r a n t s and contracts.

Record retention. Regulation.

Audit.

"SEC. 206. NATIONAL PROJECTS.

" (a) IN GENERAL.—The Secretary shall identify specific national 33 USC 1125. needs and problems with respect to ocean and coastal resources. The Grants and Secretary may make grants or enter into contracts under this section contracts. with respect to such needs or problems. The amount of any such g r a n t or contract may equal 100 percent, or any lesser percent, of the total cost of the project involved. " (b) ELIGIBILITY AND PROCEDURE.—Any person may a p p l y to the

Secretary for a grant or contract under this section. I n addition, the Secretary may invite applications with respect to specific national needs or problems identified under subsection (a). Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received. Any g r a n t made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 205(d)(2) and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate. " (c) AUTHORIZATION FOR APPROPRIATIONS.—There is authorized to

be appropriated for purposes of carrying out this section not to exceed $5,000,000 for the fiscal year ending September 30, 1977. Such sums as may be appropriated pursuant to this subsection shall remain available

89-194 O—78—Dt. 2 -

Application.

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