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Page:United States Statutes at Large Volume 90 Part 1.djvu/713

 PUBLIC LAW 9 4 - 3 0 5 — J U N E 4, 1976

90 STAT. 6 6 3

Public Law 94-305 94th Congress An Act To amend the Small Business Act and Small Business Investment Act of 1958 to provide additional assistance under such Acts, to create a pollution control financing program for small business, and for other purposes. Be it enacted by the Senate and House of Representatives United States of Amenca in Congress assembled, TITLE I—SMALL BUSINESS

DEVELOPMENT

TRANSFER OF DISASTER RELIEF AUTHORITY

June 4. 1976 [S. 2498]

of the Small Business Act and Small Business Investment Act of 1958, amendments.

SEC. 101. The President shall undertake a comprehensive review Report to of all Federal disaster loan authorities and shall make a report to the Congress. Congress, not later than December 1, 1976, containing such recommen- 15 USC 636 dations and legislative proposals, including possible consolidation of note. Federal disaster loan authorities, as may be demonstrated to be ne<jess a i y and a p p r o p r i a t e to assure the most effective and efficient delivery of disaster relief. Such study shall give particular emphasis to alleviating any extraordinary burden the management of Federal disaster loan programs may impose on an agency. POLLUTION CONTROL

SEC. 102. Part A of title IV of the Small Business Investment Act of 1958 is amended by adding at the end thereof the following new sections: Definitions. " SEC. 404. (a) For purposes of this section, the term— " (1) 'pollution control facilities' means such property (both 15 USC 694-1. real and personal) as the Administration in its discretion determines is likely to help prevent, reduce, abate, or control noise, air or water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes, or heat, and such property (both real and personal) as the Administration determines will be used for the collection, storage, treatment, utilization, processing, or final disposal of solid or liquid waste. " (2) 'person' includes corporations, companies, associations, firms, partnerships, societies, joint stock companies. States, territories, and possessions of the United States, or subdivisions of any of the foregoing, and the District of Columbia, as well as individuals. " (3) 'qualified contract' means a lease, sublease, loan agreement, installment sales contract, or similar instrument, entered into between a small business concern and any person. " (b) The Administration may, whenever it determines that small Guarantees, business concerns are or are likely to be at an operational or financing disadvantage with other business concerns with respect to the planning, design, or installation of pollution control facilities, or the obtaining of financing therefor (including financing by means of revenue bonds issued by States, political subdivisions thereof, or other public bodies), guarantee the payment of rentals or other amounts due under qualified

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 90 STAT. 664

Fees. Periodic review.

PUBLIC LAW 94-305—JUNE 4, 1976 contracts. Any such guarantee may be made or effected either directly or in cooperation with any qualified surety company or other qualified company through a participation agreement with such company. The foregoing powers shall be subject, however, to the following restrictions and limitations: "(1) Notwithstanding any other law, rule, or regulation or fiscal policy to the contrary, the guarantee authorized in the case of pollution control facilities or property may be issued when such property is acquired by the use of proceeds from industrial revenue bonds which provide the holders interest which is exempt from Federal income tax. "(2) Any such guarantee shall be for the full amount of the payments due under such qualified contract and shall be a full faith and credit obligation of the United States. " (3) No guarantee shall be issued by the Administration unless the Administration determines that there exists a reasonable expectation that the small business concern in behalf of which the guarantee is issued will perform the covenants and conditions of the qualified contract. "(c) The Administration shall fix a uniform annual fee for any guarantee issued under this section which shall be payable at such time and under such conditions as may be prescribed by the Administrator, The fee shall be set at an amount which the Administration deems reasonable and necessary and shall be subject to periodic review in order that the lowest fee that experience under the program shows to be justified will be placed into effect. In no case shall such amount exceed 3i/^ per centum per annum of the minimum annual guaranteed rental payable under any qualified contract guaranteed under this section. The Administration may also fix such uniform fees for the processing of applications for guarantees under this section as the Administrator determines are reasonable and necessary to pav the administrative expenses that are incurred in connection therewith, "(d) In connection with the guarantee of rentals under any qualified contract pursuant to authority conferred by this section, the Administrator may require, in order to minimize the financial risk assumed under such guarantee— "(1) that the lessee pay an amount, not to exceed one-fourth of the average annual payments for which a guarantee is issued under this section, which shall be held in escrow and shall be available (A) to meet rental charges accruing in any month for which the lessee is in default, or (B) if no default occurs during the term of the qualified contract, for application (with accrued interest) toward final payments of rental charges under the qualified contract; "(2) that upon occurrence of a default under the qualified contract, the lessor shall, as a condition precedent to enforcing any claim under the qualified contract guarantee, utilize the entire period, for which there are funds available in escrow for payment of rentals, in reasonable diligent efforts to eliminate or minimize losses, by releasing the property covered by the qualified contract to another qualified lessee, and no claim shall be made or paid under the guarantee until such effort has been made and such escrow funds have been exhausted; "(3) that any guarantor of the qualified contract will become a successor of the lessor for the purpose of collecting from a lessee in default rentals which are in arrears and with respect to which the lessor has received payment under a guarantee made pursuant to this section; and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/715

 PUBLIC LAW 94-305—JUNE 4, 1976 "(4) such other provisions, not inconsistent with the purposes of this section as the Administrator may in his discretion require. "(e) Any guarantee issued under this section may be assigned with the permission of the Administration by the person to whom the payments under qualified contracts are due. "(f) Section 402 shall apply to the administration of this section. "SEC. 405. There is hereby created within the Treasury a separate fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purposes of section 404. There are authorized to be appropriated to the fund from time to time such amounts not to exceed $15,000,000 to provide capital for the fund. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with section 404 shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under section 404 shall be paid from the fund. From time to time, and at least at the close of each fiscal year, the Administrator shall pay from the fund into the Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under section 404 may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.". SEC, 103. Section 403 of the Small Business Investment Act of 1958 (15 U.S.C. 694) is amended b j striking out "this part" wherever it appears therein and by inserting in lieu thereof "section 401".

90 STAT. 665

15 USC 693. Fund. Establishment. 15 USC 694-2. Ante, p. 663. Appropriation authorization.

Interest.

SMALL BUSINESS INVESTMENT COMPANY LEVERAGE

SEC. 104. (a) Section 303(b)(1) of the Small Business Investment 15 USC 683. Act of 1958 is amended— (1) by striking out "200" and inserting in lieu thereof "300"; and (2) by striking out "$15,000,000" and inserting in lieu thereof "$35,000,000". (b) Section 303(b)(2) of such Act is amended— (1) by striking out "300" and inserting in lieu thereof "400"; and (2) by striking out "$20,000,000" and inserting in lieu thereof "$35,000,000". (c) Section 303(c) of such Act is amended— (1) by striking out "300" in clause (2) (iii) and inserting in lieu thereof "400"; and (2) by striking out "200" where it appears in clauses (2) (iii) and (4) and inserting in lieu thereof "300".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/716

 90 STAT. 666

PUBLIC LAW 94-305—JUNE 4, 1976 SMALL BUSINESS INVESTMENT COMPANY GUARANTEES

Repeal.

15 USC 685.

SEC. 105. The last sentence of section 305(b) of the Small Business Investment Act of 1958 is repealed. L I C E N S I N G O P NONCORPORATE SMALL BUSINESS INVESTMENT COMPANIES

15 USC 662.

"Articles."

SEC. 106. (a) Section 103 of the Small Business Investment Act of 1958 is amended by striking out "and" at the end of clause (6) and inserting in lieu thereof a semicolon, by striking out the period at the end of clause (7) and inserting in lieu thereof a semicolon and "and", and by adding at the end the following: "(8) the term 'articles' means articles of incorporation for an incorporated body and means the functional equivalent or other similar documents specified by the Administrator for other busiIIGSS c n t i t i G s "

15 USC 681.

15 USC 682. 15 USC 687(1.

(b) Section 301(a) of such Act is amended— (1) by striking the comma and inserting "or a limited partnership" after "incorporated body"; (2) by inserting "or otherwise existing" after "chartered"; (3) by inserting "or partners" after "shareholders"; and (4) by striking the words "of incorporation". (c) Section 301(b) of such Act is amended by striking the words "of incorporation". (d) Section 301(c) of such Act is amended by striking the words "of incorporation" wherever they appear therein. (e) Section 302(a) of such Act is amended by striking the words "of incorporation". (f) Section 312 of such Act is amended— (1) by inserting "or partners" after "shareholders"; and (2) by striking "or shareholders" wherever it appears therein and by inserting "shareholder, or partner". REPEAL OF 50 PERCENT LIMITATION ON BANK INVESTMENT

15 USC 682.

S E C 107. Section 302(b) of the Small Business Investment Act of 1958 is amended by striking out all that follows "upon the making of that acquisition", and inserting in lieu thereof the following: "the aggregate amount of shares in small business investment companies then held by the bank would exceed 5 percent of its capital surplus.". LOANS FOR PLANT ACQUISITION

15 USC 696. 15 USC 636.

SEC. 108, (a) Section 502 of the Small Business Investment Act of 1958 is amended by inserting "acquisition," after "plant". (b) Section 7(a)(4)(C) of the Small Business Act is amended to read as follows: " (C) no such loans including renewals and extensions thereof may be made for a period or periods exceeding ten years, except that such portion of a loan made for the purpose of acquiring real property or constructing facilities may have a maturity of twenty years plus such additional period as is estimated may be required to complete such construction.". E C O N O M I C OPPORTUNITY LOAN L I M I T

15 USC 636.

SEC. 109. Section 7(i) of the Small Business Act is amended by striking from paragraphs (1) and (3) thereof the figure "$50,000" and inserting in lieu thereof the figure "$100,000".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/717

 PUBLIC LAW 94-305—JUNE 4, 1976

90 STAT. 667

DEVELOPMENT COMPANY LOAN L I M I T

SEC. 110. Section 502(3) of the Small Business Investment Act of 1958 is amended by striking out "$350,000" and inserting in lieu thereof 15 USC 696 "$500,000". REGULAR BUSINESS LOAN L I M I T

SEC. 111. Section 7(a)(4)(A) of the Small Business Act is amended 15 USC 636. by striking out "$350,000" and by inserting in lieu thereof "$500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000". FARMING AND AGRICULTURE RELATED INDUSTRIES

SEC. 112. (a) Section 2 of the Small Business Act (15 U.S.C. 631) is amended by redesignating subsections (b) and (c) as (c) and (d), respectively, and by inserting immediately after subsection (a) the following new subsection: "(b) It is the declared policy of the Congress that the Government, through the Small Business Administrationj should aid and assist small business concerns which are engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and the financial assistance programs authorized by this Act are also to be used to assist such concerns.". (b) The first sentence of section 3 of the Small Business Act (15 U.S.C. 632) is amended by inserting after "concern" the following: ", including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related (c) Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a) (1)) is amended by inserting "from non-Federal sources" immediately before the period at the end thereof. (d)_ Section 7(b)(4) of the Small Business Act (15 U.S.C. 636(b) (4)) is amended by striking out the proviso. (e) Section 18 of the Small Business Act (15 U.S.C. 647) is amended by inserting after "Federal Government" the following: ", except to those enterprises engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries,". INCREASE AUTHORIZED CAPITAL OF SURETY BOND GUARANTEES

SEC. 113. Section 412 of the Small Business Investment Act of 1958 is amended by striking out "$35,000,000" and inserting in lieu thereof "$56,500,000"". INTEREST RATE

SEC. 114. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by striking from the first paragraph following paragraph (8) of such section 7(b) the following: "Notwithstanding the provisions of any other law, and except as otherwise provided in this subsection, the interest rate on the Administration's share of any loan

15 USC 694c.

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 90 STAT. 668

,

PUBLIC LAW 94-305~JUNE 4, 1976 made under this subsection shall not exceed 3 per centum per annum, except that in the case of a loan made pursuant to paragraph (3), (5), (6), (7), or (8), the rate of interest on the Administration's share of such loan shall not be more than the higher of (A) 2% per centum per annum; or (B) the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum per annum.", and inserting in lieu thereof the following: "Notwithstanding the provisions of any other law, the interest rate on the Administration's share of any loan made under subsection (b) shall not exceed the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum: Provided, however, That the interest rate for loans made under paragraphs (1) and (2) hereof shall not exceed the rate of interest which is in effect at the time of the occurrence of the disaster.". TITLE II—STUDY OF SMALL BUSINESS ESTABLISHMENT

Office of Advocacy, 15 USC 634a.

SEC. 201. There is established within the Small Business Administration an Office of Advocacy. The management of the Office shall ]3g vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. STTJDY

15 USC 634b.

SEC. 202. The primary functions of the Office of Advocacy shall be to— (1) examine the role of small business in the American economy and the contribution which small business can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing an avenue through which new and untested products and services can be brought to the marketplace; (2) assess the effectiveness of existing Federal subsidy and assistance programs for small business and the desirability of reducing the emphasis on such existing programs and increasing the emphasis on general assistance programs designed to benefit all small businesses; (3) measure the direct costs and other effects of government regulation on small businesses; and make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulations of small businesses; (4) determine the impact of the tax structure on small businesses and make legislative and other proposals for altering the tax structure to enable all small businesses to realize their potential for contributing to the improvement of the Nation's economic well-being;

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 PUBLIC LAW 94-305—JUNE 4, 1976

90 STAT. 669

(5) study the ability of financial markets and institutions to meet small business credit needs and determine the impact of government demands for credit on small businesses; (6) determine financial resource availability and to recommend methods for delivery of financial assistance to minority enterprises, including methods for securing equity capital, for generating markets for goods and services, for providing effective business education, more effective management and technical assistance, and training, and for assistance in complying with Federal, State, and local law; (7) evaluate the efforts of Federal agencies, business and industry to assist minority enterprises; (8) make such other recommendations as may be appropriate to assist the development and strengthening of minority and other small business enterprises; (9) recommend specific measures for creating an environment in which all businesses will have the opportunity to complete effectively and expand to their full potential, and to ascertain the common reasons, if any, for small business successes and failures; and (10) determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate.

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DUTIES

SEC. 203. The Office of Advocacy shall also perform the following 15 USC 634c. duties on a continuing basis: (1) serve as a focal point for the receipt of complaints, criti' cisms, and suggestions concerning the policies and activities of the Administration and any other Federal agency which affects small businesses; (2) counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government; (3) develop proposals for changes in the policies and activities of any agency of the Federal Government which will better fulfill ' the purposes of the Small Business Act and communicate such proposals to the appropriate Federal agencies; (4) represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small business; and (5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government which are of benefit to small businesses, and information on how small businesses can participate in or make use of such programs and services. STAFF AND POWERS

SEC. 204. In carrying out the provisions of section 202, after con- 15 USC 634d. sultation with and subject to the approval of the Administrator, the Chief Counsel for Advocacy may—

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 90 STAT. 670

5 USC 5101 et seq., 5331.

15 USC 637.

PUBLIC LAW 94-305—JUNE 4, 1976 (1) employ and fix the compensation of such additional staff personnel as is deemed necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates but at rates not in excess of the lowest rate for GS-15 of the General Schedule; (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code; (3) consult with experts and authorities in the fields of small business investment, venture capital, investment and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest; (4) utilize the services of the National Advisory Council established pursuant to the provisions of section 8(b) (13) of the Small Business Act and in accordance with the provisions of such statute, also appoint such other advisory boards or committees as is reasonably appropriate and necessary to carry out the provisions of this title; and (5) hold hearings and sit and act at such times and places as he may deem advisable. ASSISTANCE OF GOVERNMENT AGENCIES

15 USC 634e.

SEC. 205. Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Chief Counsel for Advocacy such reports and other information as he deems necessary to carry out his functions under this title. REPORTS

Publication. 15 USC 634f.

Prohibition.

SEC. 206. The Chief Counsel may from time to time prepare and publish such reports as he deems appropriate. Not later than one year after the date of enactment of this title, he shall transmit to the Congress, the President and the Administration, a full report containing his findings and specific recommendations with respect to each of the functions referred to in section 202, including specific legislative proposals and recommendations for administration or other action. Not later than 6 months after the date of enactment of this title, he shall prepare and transmit a preliminary report on his activities. The reports shall not be submitted to the Office of Management and Budget or to any other Federal agency or executive department for any purpose prior to transmittal to the Congress and the President.

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 PUBLIC LAW 94-305—JUNE 4, 1976

90 STAT. 671

AUTHORIZATION

SEC. 207. There are authorized to be appropriated not to exceed 15 USC 634g. $1,000,000 to carry out the provisions of this title. Any sums so appropriated shall remain available until expended. TECHNICAL AMENDMENT

SEC. 208. Section 5(e) of the Small Business Act is hereby repealed. Repeal. 15 USC 634.

Approved June 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-519 accompanying H.R. 9056 (Comm. on Small Business) and No. 94-1115 (Comm. of Conference). SENATE REPORTS: No. 94-420 (Comm. on Banking, Housing and Urban Affairs) and No. 94-501 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, H.R. 9056 considered and passed House. Dec. 12, considered and passed Senate. Dec. 17, considered and passed House, amended, in lieu of H.R. 9056. Vol. 122 (1976): May 13, House agreed to conference report. May 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 23 (1976): June 4, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/722

 90 STAT. 672

PUBLIC LAW 94-306—JUNE 4, 1976

Public Law 94-306 94th Congress An Act June 4, 1976 [H.R. 8719]

D.C. Washington Metropolitan Area Transit Regulation Compact, amendments. D.C. Code 1-1431C. "Transit Zone' or "Zone."

'WMATC."

Metro Transit Police. Establishment.

Jurisdiction.

To provide for an amendment to the Washington Metropolitan Area Transit Regulation Compact to provide for the protection of the patrons, personnel, and property of the Washington Metropolitan Area Transit Authority.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby consents to, and adopts and enacts for the District of Columbia, amendments to articles I and X VI of title III of the Washington Metropolitan Area Transit Kegulation Compact (D.C, Code, sec. 1-1431 note) as follows, which amendments have been adopted substantially by the Commonwealth of Virginia and the State of Maryland: (1) Section 1(g) of article I is amended by striking "and" at the end thereof. (2) Section 1(h) of article I is amended to read as follows: "(h) 'Transit Zone' or 'Zone' means the Washington Metropolitan Area Transit Zone created by and described in section 3, as well as any additional area that may be added pursuant to section 83(a); and". (3) Section 1 of article I is amended by adding at the end thereof the following: "(i) 'WMATC means Washington Metropolitan Area Transit Commission.". (4) Section 76 of article XVI is amended to read as follows: "76. (a) The Authority is authorized to establish and maintain a regular police force, to be known as the Metro Transit Police, to provide protection for its patrons, personnel, and transit facilities. The Metro Transit Police shall have the powers and duties and shall be subject to the limitations set forth in this section. It shall be composed of both uniformed and plainclothes personnel and shall be charged with the duty of enforcing the laws of the signatories, the laws, ordinances, and regulations of the political subdivisions thereof in the Transit Zone, and the rules and regulations of the Authority. The jurisdiction of the Metro Transit Police shall be limited to all the transit facilities owned, controlled, or operated by the Authority, but this shall not limit the power of the Metro Transit Police to make arrests in the Transit Zone for violations committed upon, to, or against such transit facilities committed from within or outside such transit facilities while in hot or close pursuit, or to execute traffic citations and criminal process in accordance with subsection (c). The members of the Metro Transit Police shall have concurrent jurisdiction in the performance of their duties with the duly constituted law enforcement agencies of the signatories and of the political subdivisions thereof in which any transit facility of the Authority is located or in which the Authority operates any transit service. Nothing contained in this section shall either relieve any signatory or political subdivision or agency thereof from its duty to provide police, fire, and other public safety service and protection, or limit, restrict, or interfere with the jurisdiction of or the performance of duties by the existing police, fire, and other public safety agencies.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/723

 PUBLIC LAW 94-306—JUNE 4, 1976 "(b) Except as otherwise provided in this section, a member of the Metro Transit Police shall have the same powers, including the power of arrest, and shall be subject to the same limitations, including regulatory limitations, in the performance of his duties as a member of the duly constituted police force of the political subdivision in which the Metro Transit Police member is engaged in the performance of his duties. However, a member of the Metro Transit Police is authorized to carry and use only such weapons, including handguns, as are issued by the Authority, and only in the performance of his duties or while on the transit facilities owned, controlled, or operated by the Authority in direct transit to and from a duty assignment. A member of the Metro Transit Police is authorized to carry such weapons only while in direct transit to and from a duty assignment and is subject to such additional limitations in the use of weapons as are imposed on the duly constituted police force for the political subdivision in which he is engaged in the performance of his duties. "(c) Members of the Metro Transit Police shall have power to execute on the transit facilities owned, controlled, or operated by the Authority any traffic citation or any criminal process issued by any court of any signatory or of any political subdivision of a signatory, for any felony, misdemeanor, or other offense against the laws, ordinances, rules, or regulations specified in subsection (a). However, with respect to offenses committed upon, to, or against the transit facilities owned, controlled, or operated by the Authority, the Metro Transit Police shall have power, except in the State of Maryland, to execute criminal process within the Transit Zone. "(d) Upon the apprehension or arrest of any person by a member of the Metro Transit Police pursuant to the provisions of subsection (b), the officer, as required by the law of the place of apprehension or arrest, shall either issue a summons or a citation against the person, book the person, or deliver the person to the duly constituted police or judicial officer of the signatory or political subdivision where the apprehension or arrest is made, for disposition as required by law. " (e) The Authority shall have the power to adopt rules and regulations for the safe, convenient, and orderly use of the transit facilities owned, controlled, or operated by the Authority, including the payment and the manner of the payment of fares or charges therefor, the protection of the transit facilities, the control of traffic and parking upon the transit facilities, and the safety and protection of the riding public. In the event that any such rules and regulations contravene the laws, ordinances, rules, or regulations of a signatory or any political subdivision thereof which are existing or subsequently enacted, these laws, ordinances, rules, or regulations of the signatory or the political subdivision shall apply and the conflicting rule or regulation, or portion thereof, of the Authority shall be void within the jurisdiction of that signatory or political subdivision. In all other respects the rules and regulations of the Authority shall be uniform throughout the Transit Zone, The rules and regulations established under this subsection shall be adopted and published in accordance with all standards of due process, including, but not limited to, the publishing or otherwise circulating of a notice of the intended action of the Authority and the affording to interested persons the opportunity to submit data or views orally or in writing, and the holding of a public hearing. Any person violating any rule or regulation of the Authority shall, upon conviction by a court of competent jurisdiction, pay a fine of not more than $250 and costs.

90 STAT. 673

Traffic citation or criminal process.

Summons.

Rules and regulations.

Notice and hearing.

Violation, penalty.

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 90 STAT. 674

Agreements.

Oaths.

D.C. Code 1-1431C.

D.C. Code 11-924.

Ante, p. 672.

PUBLIC LAW 94-306—JUNE 4, 1976 "(f) With respect to members of the Metro Transit Police, the Authority shall— "(1) establish classifications based on the nature and scope of duties, and fix and provide for their qualifications, appointment, removal, tenure, term, compensation, pension, and retirement benefits; "(2) provide for their training and for this purpose, the Authority may enter into contracts or agreements with any public or private organization engaged in police training, and this training and the qualifications of the uniformed and plainclothes personnel shall at least equal the requirements of each signatory and of the political subdivisions therein in the Transit Zone for their personnel performing comparable duties; and "(3) prescribe distinctive uniforms to be worn. "(g) The Authority shall have the power to enter into agreements with the signatories, the political subdivisions thereof in the Transit Zone, and public safety agencies located therein, including those of the Federal Government, for the delineation of the functions and responsibilities of the Metro Transit Police and the duly constituted police, fire, and other public safety agencies, and for mutual assistance. "(h) Before entering upon the duties of office, each member of the Metro Transit Police shall take or subscribe to an oath or affirmation, before a person authorized to administer oaths, faithfully to perform the duties of that office.". SEC. 2. The Mayor of the District of Columbia is authorized and directed to enter into and execute on behalf of the District of Columbia amendments, substantially as set forth in the first section of this Act, to title III of the Washington Metropolitan Area Transit Regulation Compact with the State of Maryland and the Commonwealth of Virginia, which amendments shall become effective immediately upon execution of same. SEC. 3. (a) Subchapter II of chapter 9 of title 11 of the District of Columbia Code is amended by adding at the end thereof the following new section: "§ 11-924. Jurisdiction with respect to violations of the Rules and Regulations of the Washington Metropolitan Area Transit Authority "The Superior Court has jurisdiction with respect to any violation, committed in the District of Columbia, of the rules and regulations adopted by the Washington Metropolitan Area Transit Authority under section 76(e) of title III of the Washington Metropolitan Area Transit Regulation Compact.". (b) The chapter analysis for such chapter 9 is amended by inserting immediately after the item relating to section 11-923 the following new item: "11-924. Jurisdiction with Respect to Violations of the Rules and Regulations of the Washington Metropolitan Area Transit Authority.".

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 PUBLIC LAW 94-306—JUNE 4, 1976 SEC, 4. The Council of the District of Columbia shall have authority to enact any act adopting on behalf of the District of Columbia amendments to the Washington Metropolitan Area Transit Regulation Compact, but in no case shall any such amendment become effective until after it has been approved by Congress. SEC, 5, The right of Congress to alter, amend, or repeal this Act is hereby expressly reserved, Approved June 4, 1976,

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-379 (Comm. on the District of Columbia). SENATE REPORT No. 94-832 (Comm. on the District of Columbia). CONGRESSIONAL RECORD: Vol. 121 (1975): July 28, considered and passed House. • Vol. 122 (1976): May 18, considered and passed Senate, amended. May 24, House concurred in Senate amendment.

90 STAT. 675 D.C. Code 1-1431-1,

D.C. Code 1-143Ic note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/727

 PUBLIC LAW 94-307—JUNE 4, 1976

90 STAT. 677

Public Law 94- •307 94th Congress An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the National Aeronautics and Space Administration: (a) For "Eesearch and development," for the following programs: (1) Space Shuttle, $1,288,100,000; (2) Space flight operations, $202,700,000; (3) Expendable launch vehicles, $151,400,000; (4) Physics and astronomy, $166,300,000; (5) Lunar and planetary exploration, $192,100,000; (6) Life sciences, $22,125,000; (7) Space applications, $198,000,000; (8) Earth resources operational systems, $200,000; (9) Aeronautical research and technology, $191,100,000; (10) Space research and technology, $86,300,000; (11) Tracking and data acquisition, $256,000,000; (12) Technology utilization, $8,100,000. (b) For "Construction of facilities," including land acquisition, as follows: (1) Modification for high enthalpy entry facility, Ames Research Center, $1,220,000; (2) Modification of flight simulator for advanced aircraft, Ames Research Center, $1,730,000; (3) Construction of supply support facility, Ames Research Center, $1,540,000; (4) Construction of addition to flight control facility, Hugh L. Dryden Flight Research Center, $750,000; (5) Construction of addition to lunar sample curatorial facility, Lyndon B. Johnson Space Center, $2,200,000; (6) Construction of airlock to spin test facility, John F. Kennedy Space Center, $360,000; (7) Modifications for utility control system, John F. Kennedy Space Center, $2,445,000; (8) Construction of addition for aeroelastic model laboratory, Langley Research Center, $730,000; (9) Construction of data reduction center annex, Langley Research Center, $2,970,000; (10) Construction of refuse-fired steam generating facility, Langley Research Center, $2,485,000; (11) Modification of refrigeration system, electric propulsion laboratory, Lewis Research Center, $680,000; (12) Rehabilitation of combustion air drying system, engine research building, Lewis Research Center, $1,490,000; (13) Large aeronautical facility: construction of national transonic facility, Langley Research Center, $25,000,000;

June 4, 1976 [H.R. 12453]

National Aeronautics and Space Administration Authorization Act, 1977. Research and development.

Construction of facilities.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/728

 90 STAT. 678

Research and program management. Program specifications.

Notice to Speaker of the House, President of the Senate and congressional committees.

PUBLIC LAW 94-307—JUNE 4, 1976 (14) Space Shuttle facilities at various locations as follows: (A) Construction of Orbiter processing facility, John F. Kennedy Space Center, $3,750,000; (B) Modifications to launch complex 39, John F. Kennedy Space Center, $18,855,000; (C) Modification for solid rocket booster processing facilities, John F. Kennedy Space Center, $8,700,000; (D) Construction of Shuttle/Carrier aircraft mating facility, John F. Kennedy Space Center, $1,700,000; (E) Rehabilitation and modification of Shuttle facilities, at various locations, $1,760,000; (F) Modification of manufacturing and final assembly facilities for external tanks, Michoud Assembly Facility, $1,930,000; (15) Space Shuttle pay load facilities at various locations as follows: (A) Modifications to operations and checkout building for Spacelab, John F. Kennedy Space Center, $3,570,000; (B) Modifications and addition for Shuttle pay load development, Goddard Space Flight Center, $770,000; (16) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $17,875,000; (17) Minor construction of new facilities and additions to existing facilities at various locations, not in excess of $250,000 per project, $5,125,000; (18) Facility planning and design not otherwise provided for, $12,655,000. (c) For "Research and program management," $813,455,000, and such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction

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Page:United States Statutes at Large Volume 90 Part 1.djvu/729

 PUBLIC LAW 94-307—JUNE 4, 1976 of facilities*' may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and 1(c), not in excess of $25,000 for each project, including collateral equipment, may be used for construcion of new facilities and additions to existing facilities, and not in excess of $50,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a), not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1) through (17), inclusive, of subsection (1) in the discretion of the Administrator or his designee, may be varied upward 10 per centum, or (2) following a report by the Administrator or his designee to the Committee on Science and Technology of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate on the circumstances of such action, may be varied upward 25 per centum, to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (18) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof

90 STAT. e;79

Scientific consultations or extraordinary expenses. Limitations.

Cost variations. Report to congressional committees.

Unforseen program changes, transfer of research funds to construction.

Report to Speaker of the House, President of the Senate an d congressional committees.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/730

 90 STAT. 680

Use of funds, restriction.

Notice to the Speaker of the House, President of the Senate and congressional committees.

Research funds, geographical distribution. 42 USC 2459 note. Satellite services, contract authorization. 42 USC 2463.

Report to congressional committees.

PUBLIC LAW 94-307—JUNE 4, 1976 including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Technology or the Senate Committee on Aeronautical and Space Sciences, (2) no amounts appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriations Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Facilities which may be required in the performance of the contract may be constructed on Government-owned lands if there is included in the contract a provision under which the Government may acquire a title to the facilities, under terms and conditions agreed upon in the contract, upon termination of the contract. The Administrator shall in January of each year report to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/731

 PUBLIC LAW 94-307—JUNE 4, 1976

90 STAT. 681

SEC. 7. Paragraph (15) of section 5316, title 5j United States Code, is amended by striking out " (6) " and inserting m lieu thereof "(7)". SEC. 8. Section 6 of the National Aeronautics and Space Administration Authorization Act, 1968 (81 Stat. 170), is amended by striking 42 USC 2477. out the words "the rate of $100" and inserting in lieu thereof the words "a rate not to exceed the per diem rate equivalent to the rate for GS-18". 5 USC 5332 note. SEC. 9. This Act may be cited as the "National Aeronautics and Short title. Space Administration Authorization Act, 1977". Approved June 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-897 (Comm. on Science and Technology) and No. 94-1176 (Comm. of Conference). SENATE REPORTS: No. 94-718 (Comm. on Aeronautics and Space Sciences) and No. 94-901 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 22, considered and passed House. Apr. 1, considered and passed Senate, amended. May 17, Senate agreed to conference report. May 2 1, House agreed to conference report.

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The New International Encyclopædia/Tilden, Samuel Jones

TIL′DEN, (1814-86). An American lawyer and statesman, born at New Lebanon, N. Y. He attended Yale College and the University of the City of New York, where he graduated in 1837; studied law, and in 1841 was admitted to the bar of New York City. As a lawyer he rose to the first rank. In 1846 he was a member of the State Legislature, in which he devoted his attention particularly to the subject of the State canals, and in the same year served as a member of the State Constitutional Convention. In 1867 he again sat as a delegate to the Constitutional Convention. Having been elected again to a seat in the Legislature, he took the lead in 1872 in the impeachment proceedings against Barnard and Cardozo, two of Tweed's corrupt and subservient judges. He contributed to the exposure of the frauds of the Tweed Ring, and took the leading part in the prosecution of its guilty members. By 1868 he had become the acknowledged leader of the Democratic Party in New York, and his activity in overthrowing the Tweed Ring led to his election in 1874 as Governor of New York. His administration (1875-76) was marked by economy in the management of the State canals. In June, 1876, he was nominated by the Democratic National Convention at Saint Louis for President of the United States, and in the ensuing Presidential election received a majority of the popular vote, and according to the final count came within one vote of receiving a majority of the electoral vote. Because of alleged frauds in the elections of Louisiana, South Carolina, and Florida, the votes of those States, which were nominally given for the Democratic Party and which would have turned the election in Tilden's favor, were claimed by the Republicans, and the excitement which followed threatened to disturb the peace of the country. Finally Congress created an ../Electoral Commission/ (q.v.), consisting of five justices of the Supreme Court, five Senators, and five Representatives, to settle the dispute, and by a strict party vote of 8 to 7 it gave its decision in favor of Tilden's opponent, Rutherford B. Hayes (q.v.). Tilden thereupon promptly requested his friends to accept the decision with good grace, though many of his supporters continued to believe and to assert that he had rightfully been elected President. In 1880 and in 1884 the Democratic Party wished to nominate Tilden again for the Presidency, but each time he refused to be a candidate. He lived his remaining years in retirement near Yonkers, N. Y., dying on August 4, 1886. He bequeathed the greater portion of his fortune of about $5,000,000 to philanthropic purposes, chiefly for the establishment and endowment of a public library in the city of New York. The will was contested and only about $2,000,000 went to the establishment of the Tilden Foundation of the ../New York Public Library/ (q.v.). Tilden's biography was written by John Bigelow (New York,

1895), and his writings were edited by the same author (2 vols., 1885).


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Page:United States Statutes at Large Volume 90 Part 1.djvu/732

 90 STAT. 682

PUBLIC LAW 94-308—JUNE 4, 1976

Public Law 94-308 94th Congress An Act June 4, 1976 [H.R. 12132] Appropriation authorization.

TQ extend as an emergency measure for one year the District of Columbia Medical and Dental Manpower Act of 1970. Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 303(c) ^f the District of Cohimbia Medical and Dental Manpower Act of 1970 (D.C. Code, sec. 31-922(c)) is amended by striking out "years ending June 30. 1975, and June 30, 1976," and inserting in lieu thereof "year ending September 30, 1977,". Approved June 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-899 (Comm. on the District of Columbia). SENATE REPORT No. 94-831 (Comm. on the District of Columbia). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 12, considered and passed House. May 2 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/733

 PUBLIC LAW 94-309—JUNE 5, 1976

90 STAT. e>83

Public Law 94-309 94th Congress An Act To extend the Educational Broadcasting Facilities Program and to provide authority for the support of demonstrations in telecommunications technologies for the distribution of health, education, and public or social service information, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976". PURPOSE

SEC. 2. (a) Part IV of title III of the Communications Act of 1934 is amended by striking out the heading of such part and inserting in

June 5, 1976 [H.R. 9 6 3 0 ] '

Educational Broadcasting Facilities and Telecommunications Demonstration Act of 1976. 47 USC 390 note. 47 USC 390.

lieu thereof "ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING F A C I L I T I E S; TELECOMMUNICATIONS DEMONSTRATIONS; CORPORATION FOR P U B L I C BROADCASTING".

(b) Subpart A of such part is amended by striking out the heading of such subpart and inserting in lieu thereof "ASSISTANCE FOR NONCOMMERCIAL EDUCATIONAL BROADCASTING FACILITIES AND TELECOMMUNICATIONS DEMONSTRATIONS".

(c) Section 390 of such Act is amended to read as follows:

47 USC 390.

DECLARATION OF PURPOSE

" SEC. 390. The purposes of this subpart are (1) to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities, and (2) to demonstrate (through g r a n t s o r contracts) the use of telecommunications technologies for the distribution and dissemination of health, education, and other public or social service information.". AUTHORIZATION OF APPROPRIATIONS

SEC. 3. Section 391 of the Communications Act of 1934 is amended 47 USC 391. to read as follows: " SEC. 391. There are authorized to be appropriated $7,500,000 for the period July 1, 1976, through September 30, 1976, and $30,000,000 for the fiscal year ending September 30, 1977, to assist (through matching grants) in the construction of noncommercial educational television or radio broadcasting facilities as provided in this subpart. Sums appropriated under this section for any fiscal year or period shall remain available for payment of g r a n t s for projects for which applications approved under section 392 have been submitted under such section within one year after the last d a y of such fiscal year o r period.". CRITERIA FOR BROADCAST FACILITIES CONSTRUCTION

SEC. 4. (a) Section 392(a)(1) of the Communications Act of 1934 is 47 USC 392. amended by striking out clause (C) and inserting in lieu thereof " (C) a public or private nonprofit college or university or other educational

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Page:United States Statutes at Large Volume 90 Part 1.djvu/734

 90 STAT. 684

47 USC 392.

PUBLIC LAW 94-309—JUNE 5, 1976 or cultural institution which is affiliated with an eligible college or university,". (b) Section 392(d) of such Act is amended to read as follows: "(d)(1) The Secretary shall base his determinations of whether to approve applications for television grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) a strengthening of the capability of existing noncommercial educational television stations to provide local services; (B) the adaptation of existing noncommercial educational television facilities to broaden educational uses; and (C) extension of noncommercial educational television services, with due consideration to equitable geographic coverage throughout the United States. "(2) The Secretary shall base his determination of whether to approve applications for radio grants under this section and the amount of such grants on criteria set forth in regulations and designed to achieve (A) extension of noncommercial educational radio services with due consideration to equitable geographic coverage throughout the United States; (B) a strengthening of the capability of existing noncommercial educational radio stations to provide local service; and (C) the provision of multiple radio stations in major population centers to broaden services for special interest, minority, and educational uses.". COORDINATION

47 USC 395.

SEC 5. Section 395 of the Communications Act of 1934 is amended to read as follows: "COORDINATION WITH THE COMMISSION AND THE CORPORATION

"SEC. 395. The Federal Communications Commission is authorized to provide such assistance in carrying out the provisions of this subpart as may be requested by the Secretary. The Secretary shall provide for close coordination with the Federal Communications Commission in the administration of his functions under this subpart which are of interest to or affect the functions of the Commission. The Secretary shall provide for close coordination with the Corporation for Public Broadcasting in the administration of his functions under this subpart which are of interest to or affect the functions of the Corporation.". CONSTRUCTION

47 USC 397. Definition.

SEC. 6. Section 397(2) of the Communications Act of 1934 is amended to read as follows: "(2) The term 'construction', as applied to educational television broadcasting facilities or educational radio broadcasting facilities, means the acquisition and installation of transmission and reception apparatus (including towers, microwave equipment, boosters, translators, repeaters, mobile equipment, video recording equipment, nonvideo recording equipment, radio subcarrier receivers, and satellite transceivers) necessary for television broadcasting or radio broadcasting, as the case may be, including apparatus which may incidentally be used for transmitting closed circuit television or radio programs, but such term does not include the construction or repair of structures to house such apparatus. In the case of apparatus, the acquisition and installation of which is so included, such term also includes planning therefor.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/735

 PUBLIC LAW 94-309—JUNE 5, 1976 ,

J

90 STAT. 6J85

AUDIO RECORDING EQUIPMENT

SEC. 7, Section 399(b) of the Communications Act of 1934 is 47 USC 399. amended by adding at the end thereof the following new paragraph: "(5) From amounts appropriated pursuant to section 391 after the Grant. date of enactment of this paragraph, the Secretary may make a grant 47 USC 391. to any licensee of a noncommercial educational broadcast station who received assistance under this part of the full amount necessary to acquire equipment to permit such licensee to comply with paragraph (1) of this subsection.'. TELECOMMUNICATIONS DEMONSTRATIONS

SEC. 8. The Communications Act of 1934 is amended by adding after section 392 the following new section: a, TELECOMMUNICATIONS

DEMONSTRATIONS

"SEC. 392A. (a) I t is the purpose of this section to promote the 47 USC 392a. development of nonbroadcast telecommunications facilities and services for the transmission, distribution and delivery of health, education, and public or social service information. The Secretary is Grants and authorized, upon receipt of an application in such form and containing contracts. such information as he may by regulation require, to make grants to, and enter into contracts with public and private nonprofit agencies, organizations, and institutions for the purpose of carrying out telecommunications demonstrations. "(b) The Secretary may approve an application submitted under Application approval. subsection (a) if he determines— "(1) that the project for which application is made will demonstrate innovative methods or techniques of utilizing nonbroadcast telecommunications equipment or facilities to satisfy the purpose of this section; "(2) that demonstrations and related activities assisted under this section will remain under the administration and control of the applicant; "(3) that the applicant has the managerial and technical capability to carry out the project for which the application is made; and "(4) that the facilities and equipment acquired or developed pursuant to the application will be used substantially for the transmission, distribution, and delivery of health, education, or public or social service information. "(c) Upon approving any application under this section with respect to any project, the Secretary shall make a grant to or enter into a contract with the applicant in an amount determined by the Secretary not to exceed the reasonable and necessary cost of such project. The Secretary shall pay such amount from the sum available therefor, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. " (d) Funds made available pursuant to this section shall not be available for the construction, remodeling, or repair of structures to house the facilities or equipment acquired or developed with such funds, except that such funds may be used for minor remodeling which is necessary for and incident to the installation of such facilities or equipment.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/736

 90 STAT. 686 "Nonbroadcast telecommunications facilities."

Summary and evaluation.

Appropriation authorization.

PUBLIC LAW 94-309—JUNE 5, 1976 "(e) For purposes of this section, the term 'nonbroadcast telecommunications facilities' includes, but is not limited to, cable television systems, communications satellite systems and related terminal equipment, and other methods of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic or other means. "(f) The funding of any demonstration pursuant to this section shall continue for not more than three years from the date of the original grant or contract. "(g) The Secretary shall require that the recipient of a grant or contract under this section submit a summary and evaluation of the results of the demonstration at least annually for each year in which funds are received pursuant to this section. "(h) There are authorized to be appropriated $1,000,000 for the fiscal year ending September 30, 1977, and $250,000 for the period July 1, 1976, through September 30, 1976, to carry out the provisions of this section. Sums appropriated under this subsection for any fiscal year or period shall remain available for payment of grants or contracts for projects for which applications approved under this section have been submitted within one year after the last day of such fiscal year or period.". Approved June 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-772 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-813 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): Jan. 20, considered and passed House. May 13, considered and passed Senate, amended. May 25, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/737

 PUBLIC LAW 94-310—JUNE 5, 1976

90 STAT. 687

Public Law 94-310 94th Congress An Act To amend title 5, United States Code, to grant court leave to Federal employees when called as witnesses in certain judicial proceedings, and for other purposes.

Be it enacted by the Senate and Rouse of Representatives of the United States of America in Congress assembled, That section 6322 (a)(2) of title 5, United States Code, relating to leave for witness service, is amended to read as follows: "(2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party;". SEC. 2. Section 6(b)(2) of the Act entitled "An Act to amend title 5, United States Code, to revise, clarify, and extend the provisions relating to court leave for employees of the United States and the District of Columbia", approved December 19, 1970 (2 U.S.C. 130b (b)(2)), is amended to read as follows: "(2) other than as provided in subsection (c) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party;". SEC. 3. (a) Subsection (g) of section 8906 of title 5, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "and which may be made available until expended.". (b) Section 10 of the Retired Federal Employees Health Benefits Act of 1960 (74 Stat. 849) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "and which may be made available until expended.". SEC. 4. The amendments made by this Act shall take effect on October 1, 1976, or on the date of the enactment of this Act, whichever date is later.

June 15, 1976 [H.R. 11438]

Federal employees. Court leave.

Effective date. 2 USC 130b note.

Approved June 15, 1976. 3-i -SI

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-814 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94-830 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. May 19, considered and passed Senate, amended. June 3, House concurred in Senate amendment. 89-194 O—78—pt. 1

47

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Page:United States Statutes at Large Volume 90 Part 1.djvu/738

 90 STAT. 688

PUBLIC LAW 94-311—JUNE 16, 1976

Public Law 94-311 94th Congress

if

Joint Resolution June 16. 1976 [HJ. Res. 92]

Relating to the publication of economic and social statistics for Americans of Spanish origin or descent.

Whereas more than twelve million Americans identify themselves as being of Spanish-speaking background and trace their origin or descent from Mexico, Puerto Rico, Cuba, Central and South America, and other Spanish-speaking countries; and Whereas these Americans of Spanish origin or descent have made significant contributions to enrich American society and have served their Nation well in time of war and peace; and Whereas a large number of Americans of Spanish origin or descent suffer from racial, social, economic, and political discrimination and are denied the basic opportunities they deserve as American citizens and which would enable them to begin to lift themselves out of the poverty they now endure; and Whereas improved evaluation of the economic and social status of Americans of Spanish origin or descent will assist State and Federal Governments and private organizations in the accurate determination of the urgent and special needs of Americans of Spanish origin or descent; and Whereas the provision and commitment of State, Federal, and private resources can only occur when there is an accurate and precise assessment of need: Now, therefore, be it Resolved by the Senate and House of Representatives of the United Americans of States of America in Congress assembled, That the Department of Spanish origin or Labor, in cooperation with the Department of Commerce, shall develop descent. methods for improving and expanding the collection, analysis, and Economic and publication of unemployment data relating to Americans of Spanish social statistics, origin or descent. publication. SEC. 2. The Department of Commerce, the Department of Labor, 29 USC 8. 15 USC 1516a. the Department of Health, Education, and Welfare, and the Department of Agriculture shall each collect, and publish regularly, statistics which indicate the social, health, and economic condition of Americans of Spanish origin or descent. 15 USC 1516a SEC. 3. The Director of the Office of Management and Budget, in note. cooperation with the Secretary of Commerce and with the heads of other data-gathering Federal agencies, shall develop a Governmentwide program for the collection, analysis, and publication of data with respect to Americans of Spanish origin or descent. 13 USC 141 note. SEC. 4. The Department of Commerce, in cooperation with appropriate Federal, State and local agencies and various population study groups and experts, shall immediately undertake a study to determine what steps would be necessary for developing creditable estimates of undercounts of Americans of Spanish origin or descent in future censuses.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/739

 PUBLIC LAW 94-311—JUNE 16, 1976

90 STAT. 689

SEC. 5. The Secretary of Commerce shall ensure that, in the Bureau of the Census data-collection activities, the needs and concerns of the Spanish-origin population are given full recognition through the use of Spanish language questionnaires, bilingual enumerators, and other such methods as deemed appropriate by the Secretary. SEC. 6. The Department of Commerce shall implement an affirmative action program within the Bureau of the Census for the employment of personnel of Spanish origin or descent and shall submit a report to Congress within one year of the enactment of this Act on the progress of such program.

13 USC 141 note,

Approved June 16, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-190 (Coram, on Post Office and Civil Service). SENATE REPORT No. 94-896 (Coram, on Post Office and Civil Service). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 29, considered and passed House. Vol. 122 (1976): May 21, considered and passed Senate, amended. June 7, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 25 (1976): June 16, Presidential statement.

Affirmative action program, ^^P^rt to V3'n^r*22 note

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Page:United States Statutes at Large Volume 90 Part 1.djvu/740

 90 STAT. 690

.!«.]

PUBLIC LAW 94-312—JUNE 21, 1976

 * - Public Law 94-312

94th Congress

An Act

June 2 1, 197o [S. 532]

rjiQ authorize the Secretary of Agriculture to amend retroactively regulations of the Department of Agriculture pertaining to the computation of price support payments under' the National Wool Act of 1954 in order to insure the equitable treatment of ranchers and farmers.

Be it enacted by the Senate and House of Representatives of the Wool price United States of America in Congress assembled, That the Secretary supports. of Agriculture is authorized to amend retroactively regulations of the Regulations. Department of Agriculture pertaining to the computation of price ^ irlr 17«^ ^^^^ support payments under the National Wool Act of 1954 in order that 7 USC 1781 note, ^j^g amount of such payments may, in the case of any rancher or farmer, be computed on the basis of (1) the net sales proceeds received, or (2) in the case of any rancher or farmer who failed to realize the amount provided for in the sales document, the lesser of the following: (A) the net sales proceeds based on the price the rancher or farmer would have received had there been no default of payment under such document, or (B) the fair market value of the commodity concerned at the time of sale. 7 USC 1785 note. g^^ £. The Secretary of Agriculture is further authorized to reconsider any application Aled for the payment of price support under the National Wool Act of 1954 with respect to any commodity marketed during the four marketing years 1969 through 1972 and to make such payment adjustments as he determines fair and equitable on the basis of any amendment to regulations made under authority of the first section of this Act. Approved June 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1161 (Comm. on Agriculture). SENATE REPORT No. 94-716 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 13, considered and passed Senate. June 7, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/741

 PUBLIC LAW 94-313—JUNE 21, 1976

90 STAT. 691

Public Law 94-313 94th Congress An Act To amend the Indochina Migration and Refugee Assistance Act of 1975 to provide for the inclusion of refugees from Laos.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Indochina Migration and Refugee Assistance Act of 1975 (Public Law 94r-23; 22 U.S.C. 2601), is amended as follows: (1) In section 2, strike out "Cambodia or Vietnam" and insert in lieu thereof "Cambodia, Vietnam, or Laos". (2) In section 3, strike out "Cambodia or Vietnam" and insert in lieu thereof "Cambodia, Vietnam, or Laos". (3) In section 4(b), strike out "Cambodia and South Vietnam" and insert in lieu thereof "Cambodia, South Vietnam, and Laos". (4) In section 4(b)(3), strike out "South Vietnam and Cambodia" and insert in lieu thereof "South Vietnam, Cambodia, and Laos". Approved June 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1191 (Coram, on the Judiciary). SENATE REPORT No. 94-629 (Coram, on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 16, considered and passed Senate. June 7, considered and passed House.

June 21, 1976 [S. 2760]

Indochina Migration and ^^f"g««.. Assistance Act ot amendment. Laos refugees, inclusion. 22 USC 2601 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/742

 90 STAT. 692

PUBLIC LAW 94-314—JUNE 21, 1976

Public Law 94-314 94th Congress An Act June 21> 1976 [S. 3187]

National Commission on New Technical Uses of Copyrighted Works. Appropriation authorization. 17 USC 201 note.

To extend the authorization of appropriations for the National Commission on New Technological Uses of Copyrighted Works to be coextensive with the life of such Commission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 205 of the Act entitled " A n Act to amend title 17 of the United States Code to remove the expiration date for a limited copyright in sound recordings, to increase the criminal penalties for piracy and counterfeiting of sound recordings, to extend the duration of copyright protection in certain cases, to establish a National Commission on New Technological Uses of Copyrighted Works, and for other purposes", is amended by striking out " June 30, 1976" and inserting in lieu thereof the following: " and including the day on which the Commission terminates". Approved June 21, 1976.

,,

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1137 accompanying H.R. 11877 (Comm. on the Judiciary). SENATE REPORT No. 94-798 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): May 11, considered and passed Senate. June 7, considered and passed House, in lieu of H.R. 11877.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/743

 PUBLIC LAW 94-315—JUNE 21, 1976

90 STAT. 693

Public Law 94-315 94th Congress Joint Resolution To provide for the reappointment of James B. Webb as a citizen regent of the Board of Regents of the Smithsonian Institution.

June 21. 1976 [SJ. Res. 168]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy in the Smithsonian Board of Regents of the Smithsonian Institution, of the class other Institution. than Members of Congress, which will occur by the expiration of the term of James E. "Webb, of Washington, District of Columbia, on May 18, 1976, be filled by the reappointment of the present incumbent for the statutory term of six years. Approved June 21, 1976.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-1126 accompanying H.J. Res. 863 (Comm. on House Administration). SENATE REPORT No. 94-720 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 31, considered and passed Senate. June 7, considered and passed House, in lieu of HJ. Res. 863.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/744

 90 STAT. 694

PUBLIC LAW 94-316—JUNE 22, 1976

Public Law 94-316 94th Congress An Act June 22, 1976 [H.R. 11559]

Saline water conversion program, 1977. Appropriation authorization. 42 USC 1959 note.

42 USC 1959d note. 42 USC 5909.

To authorize appropriations for the saline water conversion program for fiscal year 1977.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated, to carry out the provisions of the Saline Water Conversion Act of 1971 (85 Stat. 159) during fiscal year 1977 the sum of $7,540,000, to remain available until expended as follows: (a) Water Kesources Kesearch: (1) Saline Water Conversion Process Research, $800,000; and (2) Water Reuse Research and Planning, $1,200,000. (b) Technology Development: (1) Seawater Membrane Development, $1,600,000; (2) Water Reuse Technology Development and Testing, $500,000; (3) Technology Transfer, $300,000; (4) Brackish Water Membrane Development and Testing, $750,000; and (5) Freezing Technology Development and Testing, $850,000. (c) Test Facility Operation and Maintenance: (1) Brackish Water Test Facility, $400,000; and (2) Seawater Test Facility, $300,000. (d) Administration and Coordination, $840,000. SEC. 2. Expenditures and obligations under any item authorized by subsections (a) and (b) of section 1 may be increased by not more than 10 per centum if any such increase is accompanied by a corresponding decrease in expenditures and obligations in one or more items authorized to be appropriated by said subsections (a) and (b) of section 1. SEC. 3. Relative to the definition of, title to, and licensing of inventions made or conceived in the course of or under any contract or grant pursuant to the Water Resources Research Act of 1964 (42 U.S.C. 1961) or the Saline Water Conversion Act of 1971 (42 U.S.C. 1959), and notwithstanding any other provision of law, the Secretary shall be governed by the provisions of sections 9 and 10 of the Federal Nonnuclear Energy, Research, and Development Act of 1974 (42 U.S.C. 5908): Provided, however, That subsections (1) and (n) of said section 9 of said Act shall not apply to this Act. Approved June 22, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-985 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-807 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed House. June 3, considered and passed Senate, amended. June 7, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/745

 PUBLIC LAW 94-317—JUNE 23, 1976

90 STAT. 695

Public Law 94-317 94th Congress An Act To amend the PuMic Health Service Act to provide authority for health information and health promotion programs, to revise and extend the authority for disease prevention and control programs, and to revise and extend the authority for venereal disease programs, and to amend the Lead-Based Paint Poisoning Prevention Act to revise and extend that Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—HEALTH INFORMATION AND H E A L T H PROMOTION SHORT TITLE

SEC. 101. This title may be cited as the "National Consumer Health Information and Health Promotion Act of 1976". AMENDMENT TO PUBLIC H E A L T H SERVICE ACT

June 23, 1976 [S. 1466]

Public Health Service Act, amendments; Lead-Based Paint Poisoning Act, extension. National Consumer Health Information and Health Promotion Act of 1976. 42 USC 201 note.

SEC. 102. The Public Health Service Act is amended by adding at the end thereof the following new title: "TITLE XVII- -HEALTH INFORMATION AND H E A L T H PROMOTION a GENERAL AUTHORITY

"SEC. 1701. (a) The Secretary shall— "(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; "(2) analyze the necessary and available resources for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; "(3) undertake and support necessary activities and programs to— "(A) incorporate appropriate health education components into our society, especially into all aspects of education and health care, " (B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living, and "(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; "(4) undertake and support research and demonstrations respecting health information and health promotion, preventive health services, and education in the appropriate use of health care;

42 USC 300u.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/746

 90 STAT. 696

Administration. 42 USC 300k-2. 42 USC 300k-l, 300o. Appropriation authorization.

Grant or contract.

PUBLIC LAW 94-317—JUNE 23, 1976 "(5) undertake and support appropriate training in, and undertake and support appropriate training in the operation of programs concerned with, health information and health promotion, preventive health services, and education in the appropriate use of health care; "(6) undertake and support, through improved planning and implementation of tested models and evaluation of results, effective and efficient programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care; " (7) foster the exchange of information respecting, and foster cooperation in the conduct of, research, demonstration, and training programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care; "(8) provide technical assistance in the programs referred to in paragraph (7); and "(9) use such other authorities for programs respecting health information and health promotion, preventive health services, and education in the appropriate use of health care as are available and coordinate such use with programs conducted under this title. The Secretary shall administer this title in a manner consistent with the national health priorities set forth in section 1502 and with health planning and resource development activities undertaken under titles XVandXVL "(b) For payments under grants and contracts under this title there are authorized to be appropriated $7,000,000 for the fiscal year ending September 30, 1977, $10,000,000 for the fiscal year ending September 30, 1978, and $14,000,000 for the fiscal year ending September 30, 1979. "(c) No grant may be made or contract entered into under this title unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be submitted in such form and manner and contain such information as the Secretary may prescribe. Contracts may be entered into under this title without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.5). "RESEARCH PROGRAMS

42 USC aoou-i.

"SEC. 1702. (a) The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) research in health information and health promotion, preventive health services, and education in the appropriate use of health care. Applications for grants and contracts under this section shall be subject to appropriate peer review. The Secretary shall also— "(1) provide consultation and technical assistance to persons who need help in preparing research proposals or in actually conducting research; "(2) determine the best methods of disseminating information concerning personal health behavior, preventive health services and the appropriate use of health care and of affecting behavior so that such information is applied to maintain and improve health, and prevent disease, reduce its risk, or modify its course or severity; "(3) determine and study environmental, occupational, social, and behavioral factors which affect and determine health and ascertain those programs and areas for which educational and preventive measures could be implemented to improve health as it is affected by such factors;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/747

 PUBLIC LAW 94-317—JUNE 23, 1976

90 STAT. 697

"(4) develop (A) methods by which the cost and effectiveness of activities respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, can be measured, including methods for evaluating the effectiveness of various settings for such activities and the various types of persons engaged in such activities, (B) methods for reimbursement or payment for such activities, and (C) models and standards for the conduct of such activities, including models and standards for the education, by providers of institutional health services, of individuals receiving such services respecting the nature of the institutional health services provided ../., v ' the individuals and the symptoms, signs, or diagnoses which led to provision of such services; "(5) develop a method for assessing the cost and effectiveness of specific medical services and procedures under various conditions of use, including the assessment of the sensitivity and specificity of screening and diagnostic procedures; and "(6) enumerate and assess, using methods developed under paragraph (5), preventive health measures and services with respect to their cost and effectiveness under various conditions of use. "(b) The Secretary shall make a periodic survey of the needs, Survey, interest, attitudes, knowledge, and behavior of the American public regarding health and health care. The Secretary shall take into consideration the findings of such surveys and the findings of similar surveys conducted by national and community health education organizations, and other organizations and agencies for formulating policy respecting health information and health promotion, preventive health services, and education in the appropriate use of health care. "COMMUNITY PROGRAMS

"SEC. 1703. (a) The Secretary is authorized to conduct and support 42 USC 300u-2. by grant or contract (and encourage others to support) new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, and may specifically— "(1) support demonstration and training programs in such matters which programs (A) are in hospitals, ambulatory care settings, home care settings, schools, day care programs for children, and other appropriate settings representative of broad cross sections of the population, and include public education activities of voluntary health agencies, professional medical societies, and other private nonprofit health organizations, (B) focus on objectives that are measurable, and (C) emphasize the prevention or moderation of illness or accidents that appear controllable through individual knowledge and behavior; "(2) provide consultation and technical assistance to organizations that request help in planning, operating, or evaluating programs in such matters; "(3) develop health information and health promotion materials and teaching programs including (A) model curriculums for the training of educational and health professionals and paraprofessionaTs in health education by medical, dental, and nursing schools, schools of public health, and other institutions engaged in training of educational or health professionals, (B) model curriculums to be used in elementary and secondary schools and institutions of higher learning, (C) materials and programs

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Page:United States Statutes at Large Volume 90 Part 1.djvu/748

 90 STAT. 698

Grants.

PUBLIC LAW 94-317—JUNE 23, 1976 for the continuing education of health professionals and paraprofessionals in the health education of their patients, (D) materials for public service use by the printed and broadcast media, and (E) materials and programs to assist providers of health care in providing health education to their patients; and "(4) support demonstration and evaluation programs for individual and group self-help programs designed to assist the participant in using his individual capacities to deal with health problems, including programs concerned with obesity, hypertension, and diabetes. "(b) The Secretary is authorized to make grants to States and other public and nonprofit private entities to assist them in meeting the costs of demonstrating and evaluating programs which provide information respecting the costs and quality of health care or information respecting health insurance policies and prepaid health plans, or information respecting both. After the development of models pursuant to sections 1704(4) and 1704(5) for such information, no grant may be made under this subsection for a program unless the information to be provided under the program is provided in accordance with one of such models applicable to the information. "(c) The Secretary is authorized to support by grant or contract (and to encourage others to support) private nonprofit entities working in health information and health promotion, preventive health services, and education in the appropriate use of health care. The amount of any grant or contract for a fiscal year beginning after September 30, 1978, for an entity may not exceed 25 per centum of the expenses of the entity for such fiscal year for health information and health promotion, preventive health services, and education in the appropriate use of health care. "INFORMATION

42 USC 300u-3.

PROGRAMS

"SEC. 1704. The Secretary is authorized to conduct and support by grant or contract (and encourage others to support) such activities as may be required to make information respecting health information and health promotion, preventive health services, and education in the appropriate use of health care available to the consumers of medical care, providers of such care, schools, and others who are or should be informed respecting such matters. Such activities may include at least the following: "(1) The publication of information, pamphlets, and other reports which are specially suited to interest and instruct the health consumer, which information, pamphlets, and other reports shall be updated annually, shall pertain to the individual's ability to improve and safeguard his own health; shall include material, accompanied by suitable illustrations, on child care, family life and human development, disease prevention (particularly prevention of pulmonary disease, cardiovascular disease, and cancer), physical fitness, dental health, environmental health, nutrition, safety and accident prevention, drug abuse and alcoholism, mental health, management of chronic diseases (including diabetes and arthritis), and venereal diseases; and shall be designed to reach populations of different languages and of different social and economic backgrounds. "(2) Securing the cooperation of the communications media, providers of health care, schools, and others in activities designed to promote and encourage the use of health maintaining information and behavior.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/749

 PUBLIC LAW 94-317—JUNE 23, 1976 "(3) The study of health information and promotion in advertising and the making to concerned Federal agencies and others such recommendations respecting such advertising as are appropriate. " (4) The development of models and standards for the publication by States, insurance carriers, prepaid health plans, and others (except individual health practitioners) of information for use by the public respecting the cost and quality of health care, including information to enable the public to make comparisons of the cost and quality of health care. "(5) The development of models and standards for the publication by States, insurance carriers, prepaid health plans, and others of information for use by the public respecting health insurance policies and prepaid health plans, including information on the benefits provided by the various types of such policies and plans, the premium charges for such policies and plans, exclusions from coverage or eligibility for coverage, cost sharing requirements, and the ratio of the amounts paid as benefits to the amounts received as premiums and information to enable the public to make relevant comparisons of the costs and benefits of such policies and plans. "(6) Assess, with respect to the effectiveness, safety, cost, and required training for and conditions of use, of new aspects of health care, and new activities, programs, and services designed to improve human health and publish in readily understandable language for public and professional use such assessments and, in the case of controversial aspects of health care, activities, programs, or services, publish differing views or opinions respecting the effectiveness, safety, cost, and required training for and conditions of use, of such aspects of health care, activities, programs, or services.

90 STAT. 699 y;,;.-,.'

•>

^

"REPORT AND STUDY

"SEC. 1705. (a) The Secretary shall, not later than two years after 42 USC 300u-4. the date of the enactment of this title and annually thereafter, submit to the President for transmittal to Congress a report on the status of health information and health Promotion, preventive health services, and education in the appropriate use of health care. Each such report shall include— "(1) a statement of the activities carried out under this title since the last report and the extent to which each such activity achieves the purposes of this title; "(2) an assessment of the manpower resources needed to carry out programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, and a statement describing the activities currently being carried out under this title designed to prepare teachers and other manpower for such programs; "(3) the goals and strategy formulated pursuant to section 1701(a)(1), the models and standards developed under this title, and the results of the study required by subsection (b) of this section; and "(4) such recommendations as the Secretary considers appropriate for legislation respecting health information and health promotion, preventive health services, and education in the appropriate use of health care, including recommendations for revisions to and extension of this title.

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