PUBLIC LAW 93-650, 89 Stat. 2 - 1
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 3 of
the Urban Mass Transportation Act of 1964 is amended by adding at the
end thereof the following new subsection:
"(f) No Federal financial assistance under this Act may be provided
for the purchase of buses unless as a condition of such assistance the
applicant or any public body receiving assistance for the purchase of of
buses under this Act or any publicly owned operator receiving such
assistance shall as a condition of such assistance enter into an
agreement with the Secretary that such public body, or any operator of
mass transportation for the public body, shall not engage in charter bus
operations outside of the urban area within which it provides regularly
scheduled mass transportation service, except as provided in the
agreement authorized by this subsection. Such agreement shall provide
for fair and equitable arrangements, appropriate in the judgment of the
Secretary, to assure that the financial assistance granted under this
Act will not enable public bodies and publicly and privately owned
operators for public bodies to foreclose private operators from the
intercity charter bus industry where such operators are willing and able
to provide such service. In addition to any other remedies specified in
the agreements, the Secretary shall have the authority to bar a grantee
or operator from the receipt of further financial assistance for mass
transportation facilities and equipment where he determines that there
has been a continuing pattern of violations of the terms of the
agreement. Upon receiving a complaint regarding an alleged violation,
the Secretary shall investigate and shall determine whether a violation
has occurred. Upon determination that a violation has occurred, he
shall take appropriate action to correct the violation under the terms
and conditions of the agreement.".
(b) (1) The first sentence of section 164(a) // 49 USC 1602a. // of
Public Law 93 - 87, approved August 13, 1973, is amended--,
(1) by inserting "or" before "(2)"; and
(2) by striking out "or (3) the Urban Mass Transportation Act
of 1964,".
(2) The second sentence of such section 164(a) is amended by striking
out ", (2), and (3)" and inserting in lieu thereof "and (2)".
Sec. 2. The Secretary shall amend any agreements entered into
pursuant to section 164a of the Federal-Aid Highway Act of 1973, Public
Law 93 - 87, to conform to the requirements of section 1 of this Act.
The effective date of such conformed agreements shall be the effective
date of the original agreements entered into pursuant to section 164a.
(Note by the Office of the Federal Register.--The foregoing Act,
having been presented to the President of the United States on Saturday,
December 22, 1973, for his approval and not having been returned by him
to the House of Congress in which it originated within the time
prescribed by the Constitution of the United States, has become a law
without his approval on January 4, 1974, in accordance with the order of
the United States District Court for the District of Columbia, Kennedy
v. Jones, et al., Civil Action No. 74 - 194, D.D.C. 1976. The Court
decision came too late for this law to be published in regular sequence
in 88 Stat. Therefore it will be placed at the beginning of 89 Stat.)
LEGISLATIVE HISTORY:
HOUSE REPORT No. 93 - 553 (Comm. on Public Works).
SENATE REPORT No. 93 - 547 (Comm. on Banking, Housing and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 119 (1973):
Oct. 15, considered and passed House.
Nov. 20, considered and passed Senate, amended.
Dec. 21, House agreed to Senate amendments with an amendment;
Senate agreed to House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, No. 1:
Jan. 3, Presidential memorandum of disapproval.
Kennedy v. Jones, et al.,
Civil Action No. 71 - 194 (D.D.C. 1976).
PUBLIC LAW 93-649, 88 STAT 2361
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE LAST SENTENCE
OF SECTION 1482(E) OF TITLE 10, UNITED STATES CODE, IS AMENDED BY
INSERTING IMMEDIATELY BEFORE "WHICHEVER IS LATER." THE FOLLOWING: "OR
THE DATE THE PERSON WHO WOULD HAVE BEEN DESIGNATED UNDER SUBSECTION (C)
TO DIRECT DISPOSITION OF THE REMAINS, IF THEY HAD BEEN RECOVERED,
RECEIVES NOTIFICATION THAT THE MEMBER HAS BEEN REPORTED OR DETERMINED TO
BE DEAD UNDER AUTHORITY OF CHAPTER 10, TITLE 37.". //37 USC 551.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1387 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 1345 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 13, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 20, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-648, 88 STAT 2361
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
AGRICULTURE IS AUTHORIZED AND DIRECTED TO CONVEY TO THE JASPER COUNTY
BOARD OF EDUCATION, JASPER COUNTY, GEORGIA, ALL RIGHT, TITLE AND
INTEREST IN AND TO THE REAL PROPERTY DESCRIBED IN THE QUITCLAIM DEED
MADE BY THE UNITED STATES, AS GRANTOR, TO THE JASPER COUNTY BOARD OF
EDUCATION, AS GRANTEE, ON APRIL 26, 1940, AND RECORDED ON JUNE 5, 1940,
IN JASTER COUNTY, GEORGIA, WHICH THE UNITED STATES MIGHT HOLD AS A
RESULT OF COVENANTS CONTAINED IN SUCH QUITCLAIM DEED: PROVIDED,
HOWEVER, THAT ANY PROCEEDS FROM THE SALE, LEASE, EXCHANGE OR OTHER USE
OR DISPOSITION OF THE LANDS SHALL BE USED EXCLUSIVELY FOR EDUCATIONAL
PURPOSES BY THE JASPER COUNTY BOARD OF EDUCATION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 986 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1403 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 6, CONSIDERED AND PASSED HOUSE.
DEC. 20, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-647, 88 STAT. 2337, SOCIAL SERVICES AMENDMENTS OF 1974.
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 "SOCIAL SERVICES AMENDMENTS OF 1974".
SEC. 2. THE SOCIAL SECURITY ACT IS AMENDED BY INSERTING AT THE END
THEREOF THE FOLLOWING NEW TITLE: //42 USC 301.//
"APPROPRIATION AUTHORIZED //42 USC 1397.//
"SEC. 2001. FOR THE PURPOSE OF ENCOURAGING EACH STATE, AS FAR
PRACTICABLE UNDER THE CONDITIONS IN THE STATE, TO FURNISH SERVICES
DIRECTED AT THE GOAL OF--,
"(1) ACHIEVING OR MAINTAINING ECONOMIC SELF-SUPPORT TO PREVENT,
REDUCE, OR ELIMINATE DEPENDENCY,
"(2) ACHIEVING IR MAINTAINING SELF-SUFFICIENCY, INCLUDING
REDUCTION OR PREVENTION OF DEPENDENCY,
"(3) PREVENTING OR REMEDYING NEGLECT, ABUSE, OR EXPLOITATION OF
CHILDREN AND ADULTS UNABLE TO PROTECT THEIR OWN INTERESTS, OR
PRESERVING, REHABILITATING, OR REUNITING FAMILIES,
"(4) PREVENTING OR REDUCING INAPPROPRIATE INSTITUTIONAL CARE BY
PROVIDING FOR COMMUNITY-BASED CARE, HOME-BASED CARE, OR OTHER
FORMS OF LESS INTENSIVE CARE, OR
"(5) SECURING REFERRAL OR ADMISSION FOR INSTITUTIONAL CARE WHEN
OTHER FORMS OF CARE ARE NOT APPROPRIATE, OR PROVIDING SERVICES TO
INDIVIDUALS IN INSTITUTIONS,
THERE IS AUTHORIZED TO BE APPROPRIATED FOR EACH FISCAL YEAR A SUM
SUFFICIENT TO CARRY OUT THE PURPOSES OF THIS TITLE. THE SUMS MADE
AVAILABLE UNDER THIS SECTION SHALL BE USED FOR MAKING PAYMENTS TO STATES
UNDER SECTION 2002.
"PAYMENTS TO STATES //42 USC 1397A.//
"SEC. 2002. (A)(1) FORM THE SUMS APPROPRIATED THEREFOR, THE SECTRARY
SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION AND SECTION 2003,
//POST, P. 2343.// PAY TO EACH STATE, FOR EACH QUARTER, AN AMOUNT EQUAL
TO 90 PER CENTUM OF THE TOTAL EXPENDITURES DURING THAT QUARTER FOR THE
PROVISION OF FAMILY PLANNING SERVICES AND 75 PER CENTUM OF THE TOTAL
EXPENDITURES DURING THAT QUARTER FOR THE PROVISION OF OTHER SERVICES
DIRETED AT THE GOAL OF--,
"(A) ACHIEVING OR MAINTAINING ECONOMIC SELF-SUPPORT TO PREVENT,
REDUCE, OR ELIMINATE DEPENDENCY,
"(B) ACHIEVING OR MAINTAINING SELF-SUFFICIENCY, INCLUDING
REDUCTION OR PREVENTION OF DEPENDENCY,
"(C) PREVENTING OR REMEDYING NEGLECT, ABUSE, OR EXPLOITATION OF
CHILDREN AND ADULTS UNABLE TO PROTECT THEIR OWN INTERESTS, OR
PRESERVING, REHABILITATING, OR REUNITING FAMILIES,
"(D) PREVENTING OR REDUCING INAPPROPRIATE INSITUTIONAL CARE BY
PROVIDING FOR COMMUNITY-BASED CARE, HOME-BASED CARE, OR OTHER
FORMS OF LESS INTENSIVE CARE, OR
"(E) SECURING REFERRAL OR ADMISSION FOR INSTITUTIONAL CARE WHEN
OTHER FORMS OF CARE ARE NOT APPROPRIATE, OR PROVING SERVICES TO
INDIVIDUALS IN INSTITUTIONS,
INCLUDING EXPENDITURES FOR ADMINISTRATION (INCLUDING PLANNING AND
EVALUATION) AND PERSONNEL TRAINING AND RETRAINING DIRECTLY RELATED TO
THE PROVISION OF THOSE SERVICES (INCLUDING BOTH SHORT- AND LONG-TERM
TRAINING AT EDUCATIONAL INSTITUTIONS THROUGH GRANTS TO SUCH INSTITUTIONS
OR BY DIRECT FINANCIAL ASSISTANCE TO STUDENTS ENROLLED IN SUCH
INSTITUTIONS). SERVICES THAT ARE DIRECTED AT THESE GOALS INCLUDE, BUT
ARE NOT LIMITED TO, CHILD CARE SERVICES, PROTECTIVE SERVICES FOR
CHILDREN AND ADULTS, SERVICES FOR CHILDREN AND ABULTS IN FOSTER CARE,
SERVICES RELATED TO THE MANAGEMENT AND MAINTENANCE OF THE HOME, DAY CARE
SERVICES FOR ADULTS, TRANSPORTATION SERVICES, TRAINING AND RELATED
SERVICES, EMPLOYMENT SERVICES, INFORMATION, REFERRAL, AND COUNSELING
SERVICES, THE PREPARATION AND DELIVERY OF MEALS, HEALTH SUPPORT SERVICES
AND APPROPRIATE COMBINATIONS OF SERVICES DESIGNED TO MEET THE SPECIAL
NEEDS OF CHILDREN, THE AGED, THE MENTALLY RETARDED, THE BLIND, THE
EMOTIONALLY DISTURBED, THE PHYSICALLY HANDICAPPED, AND ALCHOLICS AND
DRUG ADDICTS.
"(2)(A) NO PAYMENT WITH RESPECT TO ANY EXPENDITURES OTHER THAN
EXPENDITURES FOR PERSONNEL TRAINING OR RETAINING DIRECTLY RELATED TO THE
PROVISION OF SERVICES MAY BE MADE UNDER THIS SECTION TO ANY STATE FOR
ANY FISCAL YEAR IN EXCESS OF AN AMOUNT WHICH BEARS THE SAME RATIO TO
$2,500,000,000 AS THE POPULATION OF THE STATE BEARS TO THE POPULATION OF
THE FIFTY STATES AND THE DISTRICT OF COLUMBIA. THE SECRETARY SHALL
PROMULGATE THE LIMITATION APPLICABLE TO EACH STATE FOR EACH FISCAL YEAR
UNDER THIS PARAGRAPH PRIOR TO THE FIRST DAY OF THE THIRD MONTH OF THE
PRECEDING FISCAL YEAR, AS DETERMINED ON THE BASIS OF THE MOST RECENT
SATISFACTORY DATA AVAILABLE FROM THE DEPARTMENT OF COMMERCE.
"(B) EACH STATE WITH RESPECT TO WHICH A LIMITATION IS PROMULGATED
UNDER SUBPARAGRAPH (A) FOR ANY FISCAL YEAR SHALL, AT THE EARLIEST
PRACTICABLE DATE AFTER THE COMMENCEMENT OF SUCH FISCAL YEAR (AND IN
ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY), CERTIFY TO THE
SECRETARY WHETHER THE AMOUNT OF ITS LIMITATION IS GREATER OR LESS THAN
THE AMOUNT NEEDED BY THE STATE, FOR USES TO WHICH THE LIMITATION
APPLIES, FOR SUCH FASCAL YEAR AND, IF SO, THE AMOUNT BY WHICH THE AMOUNT
OF SUCH LIMITATION IS GREATER OR LESS THAN SUCH NEED.
"(C) IF ANY STATE CERTIFIES, IN ACCORDANCE WITH SUBPARAGRAPH (B),
THAT THE AMOUNT OF ITS LIMITATION FOR ANY FISCAL YEAR IS GREATER THAN
ITS NEED FOR SUCH YEAR, THEN THE AMOUNT OF THE LIMITATION OF SUCH STATE
FOR SUCH YEAR SHALL BE REDUCED BY THE EXCESS OF ITS LIMITATION AMOUNT
OVER ITS NEED, AND THE AMOUNT OF SUCH REDUCTION SHALL BE ABAILABLE FOR
ALLOTMENT AS PROVIDED IN SUBPARAGRAPH (D).
"(D) OF THE AMOUNTS MADE AVAILABLE, PURSUANT TO SUBPARAGRAPH (C), FOR
ALLOTMENT FOR ANY FISCAL YEAR, THE SECRETARY (I) SHALL ALLOT TO THE
JURISDICTION OF PRERTO RICO $15,000,000, TO THE JURISDICTION OF GUAM
$500,000, AND TO THE JURISDICTION OF THE VIRGIN ISLANDS $500,000, WHICH
SHALL BE AVAILABLE TO EACH SUCH JURISDICTION IN ADDITION TO AMOUNTS
AVAILABLE UNDER SECTION 1108 FOR PURPOSES OF MATCHING THE EXPENDITURES
OF SUCH JURISDICTIONS FOR SERVICES PURSUANT TO SECTIONS 3(A)(4) AND (5),
403(A)(3), 1003(A)(3) AND (4), 1403(A)(3) AND (4), AND 1603(A)(4) AND
(5): //42 USC 1308, 42 USC 303, 603, 1203, 1353, AND 1383 NOTE.//
PROVIDED, THAT IF THE AMOUNTS MADE AVAILABLE, PURSUANT TO SUBPARAGRAPH
(C), ARE INSUFFICIENT TO MEET THE REQUIREMENTS OF THIS CLAUSE, THEN SUCH
AMOUNTS AS ARE AVAILABLE SHALL BE ALLOTTED TO EACH OF THE THREE
JURISDICTIONS IN PROPORTION TO THEIR RESPECTIVE POPULATIONS.
"(3) NO PAYMENT MAY BE MADE UNDER THIS SECTION TO ANY STATE WITH
RESPECT TO ANY EXPENDITUR FOR THE PROVISION OF ANY SERVICE TO ANY
INDIVIDUAL UNLESS--,
"(A) THE STATE'S SERVICES PROGRAM PLANNING MEETS THE
REQUIREMENTS OF SECTION 2004, AND //POST, P. 2346.//
"(B) THE FINAL COMPREHENSIVE ANNUAL SERVICES PLAN IN EFFECT
WHEN THE SERVICE IS PROVIDED TO THE INDIVIDUAL INCLUDES THE
PROVISION OF THAT SERVICE TO A CATEGORY OF INDIVIDUALS WHICH
INCLUDES THAT INDIVIDUAL IN THE DESCRIPTIONS REQUIRED BY SECTION
2004(2) (B) AND (C) OF THE SERVICES TO BE PROVIDED UNDER THE PLAN
AND THE CATEGORIES OF INDIVIDUALS TO WHOM THE SERVICES ARE TO BE
PROVIDED.
THE SECRETARY MAY NOT DENY PAYMENT UNDER THIS SECTION TO ANY STATE WITH
RESPECT TO ANY EXPENDITURE ON THE GROUND THAT IT IS NOT AN EXPENDITURE
FOR THE PROVISION OF A SERVICE OR IS NOT AN EXPENDITURE FOR THE
PROVISION OF A SERVICE DIRECTED AT A GOAL DESCRIBED IN PARAGRAPH (1) OF
THIS SUBSECTION.
"(4) SO MUCH OF THE AGGREGATE EXPENDITURE WITH RESPECT TO WHICH
PAYMENT IS MADE UNDER THIS SECTION TO ANY STATE FOR ANY FISCAL YEAR AS
EQUALS 50 PER CENTUM OF THE PAYMENT MADE UNDER THIS SECTION TO THE STATE
FOR THAT FISCAL YEAR MUST BE EXPENDED FOR THE PROVISION OF SERVICES TO
INDIVIDUALS--,
"(A) WHO ARE RECEIVING AID UNDER THE PLAN OF THE STATE APPROVED
UNDER PART A FO THILE IV OR WHO ARE ELIGIBLE TO RECEIVE SUCH AID,
OR //42 USC 601.//
"(B) WHOSE NEEDS ARE TAKEN INTO ACCOUNT IN DETERMINING THE
NEEDS OF A INDIVIDUAL WHO IS RECEIVING AID UNDER THE PLAN OF THE
STATE APPROVED UNDER PART A OF TITLE IV, OR WHO ARE ELIGIBLE TO
HAVE THEIR NEEDS TAKEN INTO ACCOUNT IN DETERMINING THE NEEDS OF AN
INDIVIDUAL WHO IS RECEIVING OR IS ELIGIBLE TO RECEIVE SUCH AID, OR
"(C) WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS
UNDER TITLE XVI OR STATE SUPPLEMENTARY PAYMENTS, AS DEFINED IN
SECTION 2007(1), //42 USC 1381.// ARE BEING PAID, OR WHO ARE
ELIGIBLE TO HAVE SUCH BENEFITS OR PAYMENTS PAID WITH RESPECT TO
THEM, OR //POST, P. 2348.//
"(D) WHOSE INCOME AND RESOURCES ARE TAKEN INTO ACCOUNT IN
DETERMINING THE AMOUNT OF SUPPLEMENTAL SECURITY INCOME BENEFITS OR
STATE SUPPLEMENTARY PAYMENTS, AS DEFINED IN SECTION 2007(1), BEING
PAID WITH RESPECT TO AN INDIVIDUAL, OR WHOSE INCOME AND RESOURCES
WHOUL BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF SUCH
BENEFITS OR PAYMENTS TO BE PAID WITH RESPECT TO AN INDIVIDUAL WHO
IS ELIGIBLE TO HAVE SUCH BENEFITS OR PAYMENTS PAID WITH RESPECT TO
HIM, OR
"(E) WHO ARE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THE PLAN OF
THE STATE APPROVED UNDER TITLE XIX. //42 USC 1396.//
"(5) NO PAYMENT MAY BE MADE UNDER THIS SECTION TO ANY STATE WITH
RESPECT TO ANY EXPENDITURE FOR THE PROVISION OF ANY SERVICE TO ANY
INDIVIDUAL--,
"(A) WHO IS RECEIVING, OR WHOSE NEEDS ARE TAKEN INTO ACCOUNT IN
DETERMINING THE NEEDS OF AN INDIVIDUAL WHO IS RECEIVING, AID UNDER
THE PLAN OF THE STATE APPROVED UNDER PART A OF TITLE IV, OR WITH
RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE
XVO OR STATE SUPPLEMENTARY PAYMENTS, AS DEFINED IN SECTION2007(1),
ARE BEING PAID, OR
"(B) WHO IS A MEMBER OF A FAMILY THE MONTHLY GROSS INCOME OF
WHICH IS LESS THAN THE LOWER OF--,
"(I) 80 PER CENTUM OF THE MEDIAN INCOME OF A FAMILY OF FOUR IN
THE STATE, OR
(II) THE MEDIAN INCOME OF A FAMILY OF FOUR IN THE FIFTY STATES
AND THE DISTRICT OF COLUMBIA, ADJUSTED, IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE SECRETARY, TO TAKE INTO ACCOUNT THE
SIZE OF THE FAMILY,
IF ANY FEE OR OTHER CHARGE (OTHER THAN A VOLUNTARY CONTRIBUTION) IMPOSED
ON THE INDIVIDUAL FOR THE PROVISION OF THAT SERVICE IS NOT CONSISTENT
WITH SUCH REQUIREMENTS (INCLUDING REQUIREMENTS PROHIBITING THE
IMPOSITION OF ANY SUCH FEE OR CHARGE) AS THE SECRETARY SHALL PRESCRIBE.
"(6) NO PAYMENT MAY BE MADE UNDER THIS SECTION TO ANY STATE WITH
RESPECT TO ANY EXPENDITURE FOR THE PROVISION OF ANY SERVICE, OTHER THAN
AN INFORMATION OR REFERRAL SERVICE OR A SERVICE DIRECTED AT THE GOAL OF
PREVENTING OR REMEDYING NEGLECT, ABUSE, OR EXPLOITATION OF CHILDEN AND
ADULTS UNABLE TO PROTECT THEIR OWN INTERESTS, TO ANY INDIVIDUAL WHO IS
NOT AN INDIVIDUAL DESCRIBED IN PARAGRAPH (5), AND--,
"(A) WHO IS A MEMBER OF A FAMILY THE MONTHLY GROSS INCOME OF
WHICH EXCEEDS 115 PER CENTUM OF THE MEDIAN INCOME OF A FAMILY OF
FOUR IN THE STATE, ADJUSTED, IN ACCORDANCE WITH REGULATIONS
PRESCRIBED BY THE SECRETARY, TO TAKE INTO ACCOUNT THE SIZE OF THE
FAMILY, OR
"(B) WHO IS A MEMBER OF A FAMILY THE MONTHLY GROSS INCOME OF
WHICH--,
"(I) EXCEEDS TE LOWER OF--,
"(I) 80 PER CENTUM OF THE MEDIAN INCOME OF A FAMILY OF FOUR IN
THE STATE, OR
"(II) THE MEDIAN INCOME OF A FAMILY OF FOUR IN THE FIFTY STATES
AND THE DISTRICT OF COLUMBIA, ADJUSTED, IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE SECRETARY, TO TAKE INTO ACCOUNT THE
SIZE OF THE FAMILY, AND
(II) DOES NOT EXCEED 115 PER CENTUM OF THE MEDIAN INCOME OF A
FAMILY OF FOUR IN THE STATE, ADJUSTED, IN ACCORDANCE WITH
REGUALTIONS PRESCRIBED BY THE SECRETARY, TO TAKE INTO ACCOUNT THE
SIZE OF THE FAMILY, UNLESS A FEE OR OTHER CHARGE REASONABLY
RELATED TO INCOME IS IMPOSED ON THE INDIVIDUAL FOR THE PROVISION
OF THE SERVICE.
THE SECRETARY SHALL PROMULGATE THE MEDIAN INCOME OF A FAMILY OF FOUR IN
EACH STATE AND THE FIFTY STATES AND THE DISTRICT OF COLUMBIA APPLICABLE
TO PAYMENTS WITH RESPECT TO EXPENDITURES IN EACH FISCAL YEAR PRIOR TO
THE FIRST DAY OF THE THIRD MONTH OF THE PRECEDING FISCAL YEAR.
"(7) NO PAYMENT MAY BE MADE UNDER THIS SECTION TO ANY STATE WITH
RESPECT TO ANY EXPENDITURE--,
"(A) FOR THE PROVISION OF MEDICAL OR ANY OTHER REMEDIAL CARE,
OTHER THAN FAMILY PLANNING SERVICES, UNLESS IT IS AN INTEGAL BUT
SUBORDINATE PART OF A SERVICE DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION AND FEDERAL FINANCIAL PARTICIPATION WITH RESPECT TO THE
EXPENDITURE IS NOT AVAILABLE UNDER THE PLAN OF THE STATE APPROVED
UNDER TITLE XIX; OR //42 USC 1396.//
"(B) FOR THE PURCHASE, CONSTRUCTION, OR MAJOR MODIFICATION OF
ANY LAND, BUILDING OR OTHER FACILITY, OR FIXED EQUIPMENT; OR
"(C) WHICH IS IN THE FORM OF GOODS OR SERVICES PROVIDED IN KIND
BY A PRIVATE ENTITY; OR
"(D) WHICH IS MADE FROM DONATED PRIVATE FUNDS, UNLESS SUCH
FUNDS--,
"(I) ARE TRANSFERRED TO THE STATE AND ARE UNDER ITS
ADMINISTRATIVE CONTROL, AND
"(II) ARE DONATED TO THE STATE WITHOUT RESTRICTIONS AS TO USE,
OTHER THAN RESTRICTIONS AS TO THE SERVICES WITH RESPECT TO WHICH
THE FUNDS ARE TO BE USED IMPOSED BY A DONOR WHO IS NOT A SOPOSOR
OR OPERATOR OF A PROGRAM TO PROVICE THOSE SERVICES, OR THE
GEOGRAPHIC AREA IN WHICH THE SERVICES WITH RESPECT TO WHICH THE
CONTRIBUTION IS USED ARE TO BE PROVIDED, AND
"(III) DO NOT REVERT TO THE DONOR'S FACILITY OR USE IF THE
DONOR IS OTHER THAN A NONPROFIT ORGANIZATION; OR
(E) FOR THE PROVISION OF ROOM OR BOARD (EXCEPT AS PROVIDED BY
PARAGRAPH (11)(C)) OTHER THAN ROOM OR BOARD PROVIDED FOR A PERIOD
OF NOT MORE THAN SIX CONSECUTIVE MONTHS AS AN INTEGRAL BUT
SUBORDINATE PART OF A SERVICE DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION.
"(8) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE IF PAYMENT IS MADE WITH RESPECT TO THAT EXPENDITURE UNDER
SECTION 403 OR 422 OF THIS ACT //42 USC 603, 622.//
"(9)(A) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE IN CONNECTION WITH THE PROVISION OF ANY CHILD DAY CARE
SERVICE, UNLESS--,
"(I) IN THE CASE OF CARE PROVIDED IN THE CHILD'S HOME, THE CARE
MEETS STANDARDS ESTABLISHED BY THE STATE WHICH ARE REASONABLY IN
ACCORD WITH RECOMMENDED STANDARDS OF NATIONAL STANDARDSETTING
ORGANIZATIONS CONCERNED WITH THE HOME CARE OF CHILDREN, OR
(II) IN THE CASE OF CARE PROVIDED OUTSIDE THE CHILD'S HOME, THE
CARE MEETS THE FEDERAL INTERAGENCY DAY CARE REQUIREMENTS AS
APPROVED BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE AND
THE OFFICE OF ECONOMIC OPPORTUNITY ON SEPTEMBER 23, 1968; EXCEPT
THAT (I) SUBDIVISION III OF SUCH REQUIREMENTS WITH RESPECT TO
EDUCATIONAL SERVICES SHALL BE RECOMMENDED TO THE STATES AND NOT
REQUIRED, AND STAFFING STANDARDS FOR SCHOOL-AGE CHILDERN IN DAY
CARE CENTERS MAY BE REVISED BY THE SECRETARY, (II) THE STAFFING
STANDARDS IMPOSED WITH RESPECT TO SUCH CARE IN THE CASE OF
CHILDREN UNDER AGE 3 SHALL CONFORM TO REGULATIONS PRESCRIBED BY
THE SECRETARY, AND (III) THE STAFFING STANDARDS IMPOSED WITH
RESPECT TO SUCH CARE IN THE CASE OF CHILDREN AGED 10 TO 14 SHALL
REQUIRE AT LEAST ONE ADULT FOR EACH 20 CHILDREN, AND IN THE CASE
OF SCHOOLAGED CHILDREN UNDR AGE 10 SHALL REQUIRE AT LEAST ONE
ABULT FOR EACH 15 CHILDREN, EXCEPT AS PROVIDED IN SUBPARAGRAPH
(B).
"(B) THE SECRETARY SHALL SUBMIT TO THE PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AFTER DECEMBER 31, 1976,
AND PRIOR TO JULY 1, 1977, AN EVALUATION OF THE APPROPRIATENESS OF THE
REQUIREMENTS IMPOSED BY SUBPARAGRAPH (A), TOGETHER WITH ANY
RECOMMENDATIONS HE MAY HAVE FOR MODIFICATION OF THOSE REQUIREMENTS. NO
EARLIER THAN NINETY DAYS AFTER THE SUBMISSION OF THE REPORT, THE
SECRETARY MAY, BE REGULATION, MAKE SUCH MODIFICATIONS IN THE
REQUIREMENTS IMPOSED BY SUBPARAGRAPH (A) AS HE DETERMINES ARE
APPROPRIATE.
"(C) THE REQUIREMENTS IMPOSED BY THIS PARAGRAPH ARE IN LIEU OF ANY
REQUIREMENTS THAT WOULD OTHERWISE BY APPLICABLE UNDER SECTION 552(D) OF
THE ECONOMIC OPPORTUNITY ACT OF 1964 TO CHILD DAY CARE SERVICES WITH
RESPECT TO WHICH PAYMENT IS MADE UNDER THIS SECTION. //42 USC 2932.//
"(10) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE FOR THE PROVISION OF ANY EDUCATIONAL SERVICE WHICH THE STATE
MAKES GENERALLY AVAILABLE TO ITS RESIDENTS WITHOUT COST AND WITHOUT
REGARD TO THEIR INCOME.
"(11) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE FOR THE PROVISION OF ANY SERVICE TO ANY INDIVIDUAL LIVING IN
ANY HOSPITAL, SKILLED NURSING FACILITY, OR INTERMEDIATE CARE FACILITY
(INCLUDING ANY SUCH HOSPITAL OR FACILITY FOR MENTAL DISEASES OR FOR THE
MENTALLY RETARDED), ANY PRISON, OR ANY FOSTER FAMILY HOME EXCEPT--,
"(A) ANY EXPENDITURE FOR THE PROVISION OF A SERVICE THAT (I) IS
PROVIDED BY OTHER THAN THE HOSPITAL, FACILITY, PRISON, OR FOSTER
FAMILY HOME IN WHICH THE INDIVIDUAL IS LIVING, AND (II) IS
PROVIDED, UNDER THE STATE'S PROGRAM FOR THE PROVISION OF THE
SERVICES DESCRIBED IN PARAGRAPH (1), TO INDIVIDUALS WHO ARE NOT
LIVING IN A HOSPITAL, SKILLED NURSING FACILITY, INTERMEDIATE CARE
FACILITY, PRISON, OR FOSTER FAMILY HOME,
"(B) ANY EXPENDITURE WHICH IS FOR THE COST, IN ADDITION TO THE
COST OF BASIC FOSTER CARE, OF THE PROVISION, BY A FOSTER FAMILY
HOME, TO AN INDIVIDUAL LIVING IN THAT HOME, OF A SERVICE WHICH
MEETS A SPECIAL NEED OF THAT INDIVIDUAL, AS DETERMINED UNDER
REGULATIONS PRESCRIBED BY THE SECRETARY, AND
"(C) ANY EXPENDITURE FOR THE PROVISION OF EMERGENCY SHELTER
PROVIDED TO A CHILD, FOR NOT IN EXCESS OF THIRTY DAYS, AS A
PROTECTIVE SERVICE.
"(12) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE FOR THE PROVISION OF CASH PAYMENTS AS A SERVICE.
"(13) NO PAYMENT MAY BE MADE UNDER THIS SECTION WITH RESPECT TO ANY
EXPENDITURE FOR THE PROVISION OF ANY SERVICE TO ANY INDIVIDUAL TO THE
EXTENT THAT THE PROVIDED OF THE SERVICE OR THE INDIVIDUAL RECEIVING THE
SERVICE IS ELIGIBLE TO RECEIVE PAYMENT UNDER TITLE XVIII WITH RESPECT TO
THE PROVISION OF THE SERVICE. //42 USC 1395.//
"(B)(1) PRIOR TO THE BEGINNING OF EACH QUARTER THE SECRETARY SHALL
ESTINATE THE AMOUNT TO WHICH A STATE WILL BE ENTITLED UNDER THIS SECTION
FOR THE QUARTER ON THE BASIS OF A REPORT FILED BY THE STATE CONTAINING
ITS ESTIMATE OF THE AMOUNT TO BE EXPENDED DURING THAT QUARTER WITH
RESPECT TO WHICH PAYMENT MUST BE MADE UNDER THIS SECTION, TOGETHER WITH
AN EXPLANATION OF THE BASES FOR THAT ESTIMATE.
"(2) THE SECRETARY SHALL THEN PAY TO THE STATE, IN SUCH INSTALLMENTS
AS HE MAY DETERMINE, THE AMOUNT SO ESTIMATED, REDUCED OR INCREASED TO
THE EXTENT OF ANY OVERPAYMENT OR UNDERPAYMENT WHICH THE SECRETARY
DETERMINES WAS MADE UNDER THIS SECTION TO THE STATE FOR ANY PRIOR
QUARTER AND WITH RESPECT TO WHICH ADJUSTMENT HAS NOT ALREADY BEEN MADE
UNDER THIS SUBSECTION.
"(3) UPON THE MAKING OF ANY ESTIMATE BY THE SECRETARY UNDER THIS
SUBSECTION, ANY APPROPRIATIONS AVAILABLE FOR PAYMENTS UNDER THIS SECTION
SHALL BE DEEMED OBLIGATED.
"PROGRAM REPORTING //42 USC 1397B.//
"SEC. 2003. (A) EACH STATE WHICH PARTICIPATES IN THE PROGRAM
ESTABLISHED BY THIS TITLE SHALL MAKE SUCH REPORTS CONCERNING ITS USE OF
FEDERAL SOCIAL SERVICES FUNDS AS THE SECRETARY MAY BE REGULATION
PROVIDE."
"(B) EACH STATE WHICH PARTICIPATES IN THE PROGRAM ESTABLISHED BY THIS
TITLE SHALL ASSURE THAT THE AGGREGATE EXPENDITURES FROM APPROPRIATED
FUNDS FROM THE STATE AND POLITICAL SUBDIVISIONS THEREOF FOR THE
PROVISION OF SERVICES DURING EACH SERVICES PROGRAM YEAR (AS ESTABLISHED
UNDER THE REQUIREMENTS OF SECTION 2002(A)(3) //ANTE, P. 2337.// WITH
RESPECT TO WHICH PAYMENT IS MADE UNDER SECTION 2002 IS NOT LESS THAN THE
AGGREGATE EXPENDITURES FROM SUCH APPROPRIATED FUNDS FOR THE PROVISION OF
THOSE SERVICES DURING THE FISCAL YEAR ENDING JUNE 30, 1973, OR THE
FISCAL YEAR ENDING JUNE 30, 1974, WITH RESPECT TO WHICH PAYMENT WAS MADE
UNDER THE PLAN OF THE STATE APPROVED UNDER TITLE I, VI, X, XIV, OR XVI,
OR PART A OF THTLE IV, //42 USC 301, 801, 12501, 1351, 1381, 601.//
WHICHEVER IS LESS, EXCEPT THAT THE REQUIREMENTS OF THIS SUBSECTION SHALL
NOT APPLY TO ANY STATE FOR ANY SERVICES PROGRAM YEAR IF THE PAYMENT TO
THE STATE UNDER SECTION 2002, FOR EACH FISCAL YEAR ANY PART OF WHICH IS
INCLUDED IN THE SERVICES PROGRAM YEAR, WITH RESPECT TO EXPENDITURES
OTHER THAN EXPENDITURES FOR PERSONNEL TRAINING OR RETRAINING DIRECTLY
RELATED TO THE PROVISION OF SERVICES, EQUALS THE ALLOTMENT OF THE STATE
FOR THAT FISCAL YEAR UNDER SECTION 2002(A)(2).
"(C)(1) IF THE SECRETARY, AFTER REASONABLE NOTICE AND AN OPPORTUNITY
FOR A HEARING TO THE STATE, FINDS THAT THERE IS A SUBSTANTIAL FAILURE TO
COMPLY WITH ANY OF THE REQUIREMENTS IMPOSED BY SUBSECTIONS (A) AND (B)
OF THIS SECTION, HE SHALL, EXCEPT AS PROVIDED IN PARAGRAPH(2)8 NOTIFY
THE STATE THAT FURTHER PAYMENTS WILL NOT BE MADE TO THE STATE UNDER
SECTION 2002 UNTIL HE IS SATISFIED THAT THERE WILL NO LONGER BE ANY SUCH
FAILURE TO COMPLY, AND UNTIL HE IS SO SATISFIED HE SHALL MAKE NO FURTHER
PAYMENTS TO THE STATE.
"(2) THE SECRETARY MAY SUSPEND IMPLEMENTATION OF ANY TERMINATION OF
PAYMENTS UNDER PARAGRAPH (1) FOR SUCH PERIOD AS HE DETERMINES
APPROPRIATE AND INSTEAD REDUCE THE AMOUNT OTHERWISE PAYABLE TO THE STATE
UNDER-SECTION 2002 FOR EXPENDITURES DURING THAT PERIOD BY 3 PER CENTUM
FOR EACH OF SUBSECTIONS (A) AND (B) OF THIS SECTION WITH RESPECT TO
WHICH THERE WAS A FINDING OF SUBSTANTIAL NONCOMPLIANCE AND WITH RESPECT
TO WHICH HE IS NOT YET SATISFIED THAT THERE WILL NO LONGER BE ANY SUCH
FAILURE TO COMPLY.
"(D)(1) EACH STATE WHICH PARTICIPATES IN THE PROGRAM ESTABLISHED BY
THIS TITLE SHALL HAVE A PLAN APPLICABLE TO ITS PROGRAM FOR THE PROVISION
OF THE SERVICES DECRIBED IN SECTION 2202(A)(1) WHICH--,
"(A) PROVIDES THAT AN OPPORTUNITY FOR A FAIR HEARING BEFORE THE
APPROPRIATE STATE AGENCY WILL BE GRANTED TO ANY INDIVIDUAL WHOSE
CLAIM FOR ANY SERVICE DESCRIBED IN SECTION 2002(A)(1) IS DENIED OR
IS NOT ACTED UPON WITH REASONABLE PROMPTNESS;
"(B) PROVIDES THAT THE USE OR DISCLOSURE FO INFORMATION
OBTAINED IN CONNECTION WITH ADMINISTRATION OF THE STATE'S PROGRAM
FOR THE PROVISION OF THE SERVICES DESCRIBED IN SECTION 2002(A)(1)
CONCERNING APPLICANTS FOR AND RECIPIENTS OF THOSE SERVICES WILL BE
RESTRICTED TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION
OF THAT PROGRAM, THE PLAN OF THE STATE APPROVED UNDER PART A OF
TITLE IV, THE PLAN OF THE STATE DEVELOPED UNDER PART B OF THAT
TITLE, THE SUPPLEMENTAL SECURITY INCOME PROGRAM ESTABLISHED BY
TITLE XVI, OR THE PLAN OF THE STATE APPROVED UNDER TITLE XIX;
//42 USC 601, 620, 42 USC 1381, 1396.//
"(C) PROVIDES FOR THE DESIGNATION, BY THE CHIEF EXECUTIVE
OFFICER OF THE STATE OR AS OTHERWISE PROVIDED BY THE LAWS OF THE
STATE, OF AN APPROPRIATE AGENCY WHICH WILL ADMINISTER OR SUPERVISE
THE ADMINISTRATION OF THE STATE'S PROGRAM FOR THE PROVISION OF THE
SERVICES DESCRIBED IN SECTION 2002(A)(1);
"(D) PROVIDES THAT THE STATE WILL, IN THE ADMINISTRATION OF ITS
PROGRAM FOR THE PROVISION OF THE SERVICES DESCRIBED IN SECTION
2002(A)(1), USE SUCH METHODS RELATING TO THE ESTABLISHMENT AND
MAINTENANCE OF PERSONNEL STANDARDS ON A MERIT BASIS AS ARE FOUND
BY THE SECRETARY TO BE NECESSARY FOR THE PROPER AND EFFICIENT
OPERATION OF THE PROGRAM, EXCEPT THAT THE SECRETARY SHALL EXERCISE
NO AUTHORITY WITH RESPECT TO THE SELECTION, TENURE OF OFFICE, OR
COMPENSATION OF ANY INDIVIDUAL EMPLOYED IN ACCORDANCE WITH SUCH
METHODS;
(E) PROVICES THAT NO DURATIONAL RESIDENCY OR CITIZENSHIP
REQUIREMENT WILL BE IMPOSED AS A CONDITION TO PARTICIPATION IN THE
PROGRAM OF THE STATE FOR THE PROVISION OF THE SERVICES DESCRIBED
IN SECTION 2002(A)(1);
"(F) PROVIDES, IF THE STATE PROGRAM FOR THE PROVISION OF THE
SERVICES DESCRIBED IN SECTION 2002(A)(1) INCLUDES SERVICES TO
INDIVIDUALS LIVING IN INSTITUTIONS OR FOSTER HOMES, FOR THE
ESTABLISHMENT OR DESIGNATION OF A STATE AUTHORITY OR AUTHORITIES
WHICH SHALL BE RESPONSIBLE FOR ESTABLISHING AND MAINTAING
STANDARDS FOR SUCH INSTITUTIONS OR HOMES WHICH ARE REASONABLE IN
ACCORD WITH RECOMENDED STANDARDS OF NATIONAL ORGANIZATIONS
CONCERNED WITH STANDARDS FOR SUCH INSTITUTIONS OR HOMES, INCLUDING
STANDARDS RELATED TO ADMISSIONS POLICIES, SAFETY, SANITATION, AND
PROTECTION OF CIVIL RIGHTS;
"(G) PROVIDES, IF THE STATE PROGRAM FOR THE PROVISION OF THE
SERVICES DESCRIBED IN SECTION 2002(A)(1) //ANTE, P. 2337.//
INCLUDES CHILD DAY CARE SERVICES, FOR THE ESTABLISHMENT OR
DESIGNATION OF A STATE AUTHORITY OR AUTHORITIES WHICH SHALL BE
RESPONSIBLE FOR ESTABLISHING AND MAINTAINING STANDARDS FOR SUCH
SERVICES WHICH ARE REASONABLY IN ACCORD WITH RECOMMENDED STANDARDS
OF NATIONAL ORGANIZATIONS CONCERNED WITH STANDARDS FOR SUCH
SERVICES, INCLUDING STANDARDS RELATED TO ADMISSION POLICIES FOR
FACILITIES PROVIDING SUCH SERVICES, SAFETY, SANITATION, AND
PROTECTION OF CIVIL RIGHTS;
"(H) PROVIDES THAT THE STATE'S PROGRAM FOR THE PROVISION OF THE
SERVICES DESCRIBED IN SECTION 2002(A)(1) WILL BE IN EFFECT IN ALL
POLITICAL SUBDIVISIONS OF THE STATE; AND
"(I) PROVIDES FOR FINANCIAL PARTICIPATION BY THE STATE IN THE
PROVISION OF THE SERVICES DESCRIBED IN SECTION 2002(A)(1).
NOTWITHSTANDING CLAUSE (C), IF ON DECEMBER 1, 1974, THE STATE AGENCY
WHICH ADMINISTERED OR SUPERVISED THE ADMINISTRATION OF THE PORTION OF
THE PLAN OF THE STATE FOR SERVICES TO THE AGED, BLIND, OR DISABLED
APPROVED UNDER TITLE VI OF THIS ACT //42 USC 801.// WHICH RELATED TO
BLIND INDIVIDUALS WAS DIFFERENT FROM THE AGENCY WHICH ADMINISTERED OR
SUPERVISED THE ADMINISTRATION OF THE REST OF THAT PLAN, THE STATE AGENCY
WHICH ADMINISTERED OR SUPERVISED THE ADMINISTRATION OF THE PORTION OF
THE PLAN OF THE STATE FOR SERVICES TO THE AGED, BLIND, OR DISABLED
RELATED TO BLIND INDIVIDUALS MAY BE DESIGNATED TO ADMINISTER OR
SUPERVISE THE ADMINISTRATION OF THE PORTION OF THE STATE'S PROGRAM FOR
THE PROVISION OF THE SERVICES DESCRIBED IN SECTION 2002(A)(1) RELATED TO
BLIND INDIVIDUALS AND A SEPARATE STATE AGENCY MAY BE DESIGNATED TO
ADMINISTER OR SUPERVISE THE ADMINISTRATION OF THE REST OF THE PROGRAM;
AND IN SUCH CASE THE PART OF THE PROGRAM WHICH EACH AGENCY ADMINISTERS,
OR THE ADMINISTRATION OF WHICH EACH AGENCY SUPERVISES, SHALL BE REGARDED
AS A SEPARATE PROGRAM FOR THE PROVISION OF THE SERVICES DESCRIBED IN
SECTION 2002(A)(1) FOR PURPOSES OF THIS TITLE. THE DATRE SELECTED BY
THE STATE PURSUANT TO SECTION 2004(1) //POST, P. 2346.// AS THE
BEGINNING OF THE SERVICES PROGRAM YEAR FOR EACH OF THE SEPARATE PROGRAMS
SHALL BE THE SAME.
"(2) THE SECRETARY SHALL APPROVE ANY PLAN WHICH COMPLIES WITH THE
PROVISIONS OF PARAGRAPH (1).
"(E)(1) NO PAYMENT MAY BE MADE UNDER SECTION 2002 TO ANY STATE WHICH
DOES NOT HAVE A PLAN APPROVED UNDER SUBSECTION (G).
"(2) IN THE CASE OF ANY STATE PLAN WHICH HAS BEEN APPROVED BY THE
SECRETARY UNDER SUBSECTION (D), IF THE SECRETARY, AFTER REASONABLE
NOTICE AND AN OPPORTUNITY FOR A HEARING TO THE STATE, FINDS--,
"(A) THAT THE PLAN NO LONGER COMPLIES WITH THE PROVISIONS OF
SUBSECTION (D)(1), OR
"(B) THAT IN THE ADMINISTRATION OF THE PLAN THERE IS A
SUBSTANTIAL FAILURE TO COMPLY WITH ANY SUCH PROVISION,
THE SECRETARY SHALL, EXCEPT AS PROVIDED IN PARAGRAPH (3), NOTIFY THE
STATE THAT FURTHER PAYMENTS WILL NOT BE MADE TO THE STATE UNDER SECTION
2002 UNTIL HE IS SATISFIED THAT THERE WILL NO LONGER BE ANY SUCH
FAILTURE TO COMPLY, AND UNTIL HE IS SO SATISFIED HE SHALL MAKE NO
FURTHER PAYMENTS TO THE STATE.
"(3) THE SECRETARY MAY SUSPEND IMPLEMENTATION OF ANY TERMINATION OF
PAYMENTS UNDER PARAGRAPH (2) FOR SUCH PERIOD AS HE DETERMINES
APPROPRIATE AND INSTEAD REDUCE THE AMOUNT OTHERWISE PAYABLE TO THE STATE
UNDER SECTION 2002 FOR EXPENDITURES DURING THAT PERIOD BY 3 PERCENT FOR
EACH CLAUSE OF SUBSECTION (D)(1) WITH RESPECT TO WHICH THERE IS A
FINDING OF NONCOMPLIANCE AND WITH RESPECT TO WHICH HE IS NOT YET
SATISFIED THAT THERE WILL NO LONGER BE ANY SUCH FAILURE TO COMPLY.
"SERVICES PROGRAM PLANNING
"SEC. 2004. //42 USC 1397C.// A STATE'S SERVICES PROGRAM PLANNING
MEETS THE REQUIREMENTS OF THIS SECTION IF, FOR THE PURPOSE OF ASSURING
PUBLIC PARTICIPATION IN THE DEVELOPMENT OF THE PROGRAM FOR THE PROVISION
OF THE SERVICES DESCRIBED IN SECTION 2002(A)(1) //ANTE, P. 2337.//
WITHIN THE STATE--,
"(1) THE BEGINNING OF THE FISCAL YEAR OF EITHER THE FEDERAL
GOVERNMENT OR THE STATE GOVERMENT IS ESTABLISHED AS THE BEGINNING
OF THE STATE'S SERVICES PROGRAM YEAR; AND
"(2) AT LEAST NINETY DAYS PRIOR TO THE BEGINNING OF THE STATE'S
SERVICES PROGRAM YEAR, THE CHIEF EXECUTIVE OFFICER OF THE STATE,
OR SUCH OTHER OFFICIAL AS THE LAWS OF THE STATE PROVIDE, PUBLISHES
AND MAKES GENERALLY AVAILABLE (AS DEFINED IN REGULATIONS
PRESCRIBED BY THE SECRETARY AFTER CONSIDERATION OF STATE LAWS
GOVERNING NOTICE OF ACTIONS BY PUBLIC OFFICIALS) TO THE PUBLIC A
PROPOSED COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN PREPARED BY
THE AGENCY DESIGNATED PURSUANT TO THE REQUIREMENTS OF SECTION
2003(D)(1)(C) //ANTE, P. 23439// AND, UNLESS THE LAWS OF THE STATE
PROVIDE OTHERWISE, APPROVED BY THE CHIEF EXECUTIVE OFFICER, WHICH
SETS FORTH THE STATE'S PLAN FOR THE PROVISION OF THE SERVICES
DESCRIBED IN SECTION 2002(A)(1) DURING THAT YEAR, INCLUDING--
"(A) THE OBJECTIVES TO BE ACHIEVED UNDER THE PROGRAM,
"(B) THE SERVICES TO BE PROVIDED UNDER THE PROGRAM, INCLUDING
AT LEAST ONE SERVICE DIRECTED AT AT LEAST ONE OF THE GOALS IN EACH
OF THE FIVE CATEGORIES OF GOALS SET FORTH IN SECTION 2002( A)(1)
(AS DETERMINED BY THE STATE) AND INCLUDING AT LEAST THREE TYPES OF
SERVICES (SELECTED BY THE STATE) FOR INDIVIDUALS WHO ARE
RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE
XVI AND WHO ARE IN NEED OF SUCH SERVICES, TOGETHER WITH A
DEFINITION OF THOSE SERVICES AND A DESCRIPTION OF THEIR
RELATIONSHIP TO THE OBJECTIVES TO BE ACHIEVED UNDER THE PROGRAM
AND THE GOALS DESCRIBED IN SECTION 2002(A)(1), //42 USC 1381.//
"(C) THE CATEGORIES OF INDIVIDUALS TO WHOM THOSE SERVICES ARE
TO BE PROVIDED, INCLUDING ANY CATEGORIES BASED ON THE INCOME OF
INDIVIDUALS OR THEIR FAMILIES,
"(D) THE GEOGRAPHY AREAS IN WHICH THOSE SERVICES ARE TO BE
PROVIDED, AND THE NATURE AND AMOUNT OF THE SERVICES TO BE PROVIDED
IN EACH AREA,
"(E) A DESCRIPTION OF THE PLANNING, EVALUATION, AND REPORTING
ACTIVITIES TO BE CARRIED OUT UNDER THE PROGRAM,
"(F) THE SOURCES OF THE RESOURCES TO BE USED TO CARRY OUT THE
PROGRAM,
"(G) A DESCRIPTION OF THE ORGANIZATIONAL STRUCTURE THROUGH
WHICH THE PROGRAM WILL BE ADMINISTERED, INCLUDING THE EXTENT TO
WHICH PUBLIC AND PRIVATE AGENCIES AND VOLUNTEERS WILL BE UTILIZED
IN THE PROVISION OF SERVICES,
"(H) A DESCRIPTION OF HOW THE PROVISION OF SERVICES UNDER THE
PROGRAM WILL BE COORDINATED WITH THE PLAN OF THE STATE APPROVED
UNDER PART A OF TITLE IV, 0042 USC 6019// THE PLAN OF THE STATE
DEVELOPED UNDER PART B OF THAT TITLE, THE SUPPLEMENTAL SECURITY
INCOME PROGRAM ESTABLISHED BY TITLE XVI, THE PLAN OF THE STATE
APPROVED UNDER TITLE XIX, //42 USC 1396.// AND OTHER PROGRAMS FOR
THE PROVISION OF RELATED HUMAN SERVICES WITHIN THE STATE,
INCLUDING THE STEPS TAKEN TO ASSURE MAXIMUM FEASIBLE UTILIZATION
OF SERVICES UNDER THESE PROGRAMS TO MEET THE NEEDS OF THE LOW
INCOME POPULATION,
"(I) THE ESTIMATED EXPENDITURES UNDER THE PROGRAM, INCLUDING
ESTIMATED EXPENDITURES WITH RESPECT TO EACH OF THE SERVICES TO BE
PROVIDED, EACH OF THE CATEGORIES OF INDIVIDUALS TO WHOM THOSE
SERVICES ARE TO BE PROVIDED, AND EACH OF THE GEOGRAPHIC AREAS IN
WHICH THOSE SERVICES ARE TO BE PROVIDED, AND A COMPARISON BETWEEN
ESTIMATED NON-FEDERAL EXPENDITURES UNDER THE PROGRAM AND
NON-FEDERAL EXPENDITURES FOR THE PROVISION OF THE SERVICES
DESCRIBED IN SECTION 2202(A)(1) //ANTE, P. 2337.// IN THE STATE
DURING THE PRECEDING SERVICES PROGRAM YEAR, AND
"(J) A DESCRIPTION OF THE STEPS TAKEN, OR TO BE TAKEN, TO
ASSUFE THAT THE NEEDS OF ALL RESIDENTS OF, AND ALL GEOGRAPHIC
AREAS IN, THE STATE WERE TAKEN INTO ACCOUNT IN THE DEVELOPMENT OF
THE PLAN; AND
"(3) PUBLIC COMMENT ON THE PROPOSED PLAN IS ACCEPTED FOR A
PERIOD OF AT LEAST FORTY-FIVE DAYS; AND
"(4) AT LEAST FORTY-FIVE DAYS AFTER PUBLICATION OF THE PROPOSED
PLAN AND PRIOR TO THE BEGINNING OF THE STATE'S SERVICES PROGRAM
YEAR, THE CHIEF EXECUTIVE OFFICER OF THE STATE, OR SUCH OTHER
OFFICIAL AS THE LAWS OF THE STATE PROVIDE, PUBLISHES A FINAL
COMPREHENSIVE ANNUAL SERVICES PROGRAM PLAN PREPARED BY THE AGENCY
DESIGNED PURSUANT TO THE REQUIREMENTS OF SECTION 2003(D)( 1)(C)
//ANTE, P. 2343.// AND, UNLESS THE LAWS OF THE STATE PROVIDE
OTHERWISE, APPROVED BY THE CHIEF EXECUTIVE OFFICER, WHICH SETS
FORTH THE SAME INFORMATION REQUITED TO BE INCLUDED IN THE PROPOSED
PLAN, TOGETHER WITH AN EXPLANATION OF THE DIFFERENCES BETWEEN THE
PROPOSED AND FINAL PLAN AND THE REASONS THEREOFR; AND
"(5) ANY AMENDMENT TO A FINAL COMPREHENSIVE SERVICES PROGRAM
PLAN IS PREPARED BY THE AGENCY DESIGNATED PURSUANT TO SECTION
2003(D)(1)(C), APPROVED BY THE CHIEF EXECUTIVE OFFICER OF THE
STATE UNLESS THE LAWS OF THE STATE PROVIDE OTHERWISE, AND
PUBLISHED BY THE CHIEF EXECUTIVE OFFICER OF THE STATE, OR SUCH
OTHER OFFICIAL AS THE LAWS OF THE STATE PROVIDE, AS APROPOSED
AMENDMENT ON WHICH PUBLIC COMMENT IS ACCEPTED FOR A PERIOD OF AT
LEAST THIRTY DAYS, AND THEN PREPARED BY THE AGENCY DESIGNATED
PURSUANT TO SECTION 2003(D)(1)(C), APPROVED BY THE CHIEF EXECUTIVE
OFFICER OF THE STATE UNLES THE LAWS OF THE STATE PROVIDE
OTHERWISE, AND PUBLISHED BY THE CHIEF EXECUTIVE OFFICER OF THE
STATE, OR SUCH OTHER OFFICIAL AS THE LAWS OF THE STATE PROVIDE, AS
A FINAL AMENDMENT, TOGETHER WITH AN EXPLANATION OF THE DIFFERENCES
BETWEEN THE PROPOSED AND FINAL AMENDMENT AND THE REASONS THEREFOR.
"EFFECTIVE DATE OF REGULATIONS PUBLISHED BY THE SECRETARY //42
USC 1397D.//
"SEC. 2005. NO FINAL REGULATION PUBLISHED BY THE SECRETARY UNDER
THIS TITLE SHALL BE EFFECTIVE WITH RESPECT TO PAYMENTS UNDER SECTION
2002 FOR EXPENDITURES, DURING ANY QUARTER COMMENCING BEFORE THE
BEGINNING OF THE FIRST SERVICES PROGRAM YEAR ESTABLISHED BY THE STATE
UNDER THE REQUIREMENTS OF SECTION 2002(A)(3) WHICH BEGINS AT LEAST SIXTY
DAYS AFTER THE PUBLICATION OF THE FINAL REGULATION.
"EVALUATION; PROGRAM ASSISTANCE //42 USC 1397E.//
" SEC. 2006. (A) THE SECRETARY SHALL PROVIDE FOR THE CONTINUING
EVALUATION OF STATE PROGRAMS FOR THE PROVISION OF THE SERVICES DESCRIBED
IN SECTION 2002(A)(1).
"(B) THE SECRETARY SHALL MAKE AVAILABLE TO THE STATES ASSISTANCE WITH
RESPECT TO THE CONTENT OF THEIR SERVICES PROGRAM, AND THEIR SERVICES
PROGRAM PLANNING, REPORTING, ADMINISTRATION, AND EVALUATION.
"(C) WITHIN SIX MONTHS AFTER THE CLOSE OF EACH FISCAL YEAR, THE
SECRETARY SHALL SUBMIT TO THE CONGRESS A REPORT ON THE OPERATION OF THE
PROGRAM ESTABLISHED BY THIS TITLE DURING THAT YEAR, INCLUDING--
"(1) THE EVALUATIONS CARRIED OUT UNDER SUBSECTION (A) AND THE
RESULTS OBTAINED THEREFROM, AND
"(2) THE ASSISTANCE PROVIDED UNDER SUBSECTION (B) DURING THAT
YEAR.
"DEFINITIONS //42 USC 1397F.
"SEC. 2007. FOR PURPOSES OF THIS TITLE--
"(1) THE TERM 'STATE SUPPLEMENTARY PAYMENT' MEANS ANY CASH
PAYMENT MADE BY A STATE ON A REGULAR BASIS TO AN INDIVIDUAL WHO IS
RECEIVING SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI OR
WHO WOULD BUT FOR HIS INCOME BE ELIGIBLE TO RECEIVE SUCH BENEFITS,
AS ASSISTANCE BASED ON NEED IN SUPPLEMENTATION OF SUCH BENEFITS,
AS DETERMINED BY THE SECRETARY, AND
"(2) THE TERM 'STATE' MEANS THE FIFTY STATES AND THE DISTRICT
OF COLUMBIA.".
TECHNICAL AND CONFORMING AMENDMENTS
SEC. 3. (A)(1) SECTION 402(A)(5) OF THE SOCIAL SECURITY ACT IS
AMENDED BY STRIKING OUT "(A)" AND STRIKING OUT EVERYTHING AFTER "PROPER
AND EFFICIENT OPERATION OF THE PLAN" AND INSERTING"; AND" IN LIEU
THEREOF. //42 USC 602.//
(2) SECTION 402(A) OF THAT ACT IS FURTHER AMENDED BY STRIKING OUT
PARAGRAPHS (13) AND (14).
(3) SECTION 403(A)(3) OF THAT ACT IS AMENDED TO READ AS FOLLOWS:
//42 USC 603.//
"(3) IN THE CASE OF ANY STATE, AN AMOUNT EQUAL TO THE SUM OF THE
FOLLOWING PROPORTIONS OF THE TOTAL AMOUNTS EXPENDED DURING SUCH QUARTER
AS FOUND NECESSARY BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
FOR THE PROPER AND EFFICIENT ADMINISTRATION OF THE STATE PLAN--,
"(A) 75 PER CENTUM OF SO MUCH OF SUCH EXPENDITURES AS ARE FOR THE
TRAINING OF PERSONNEL EMPLOYED OR PREPARING FOR EMPLOYMENT BY THE STATE
AGENCY OR BY THE LOCAL AGENCY ADMINISTERING THE PLAN IN THE POLITICAL
SUBDIVISION, AND
"(B) ONE-HALF OF THE REMAINDER OF SUCH EXPENDITURES, EXCEPT THAT NO
PAYMENT SHALL BE MADE WITH RESPECT TO AMOUNTS EXPENDED IN CONNECTION
WITH THE PROVISION OF ANY SERVICE DESCRIBED IN SECTION 2002(A)(1)
//ANTE, P. 2337.// OF THIS ACT OTHER THAN SERVICES THE PROVISION OF
LWHICH IS REQUIRED BY SECTION 402(A)(19) TO BE INCLUSED IN THE PLAN OF
THE STATE; AND" (4) SECTION 403 OF THAT ACT IS FURTHER AMENDED BY
STRIKING OUT SUBSECTION (E).
(5) SECTION 406 OF THAT ACT IS AMENDED BY STRIKING OUT SUBSECTION
(D). //42 USC 606.//
(6) SECTION 422(A)(1)(A)(I) OF THAT ACT //42 USC 622.// IS AMENDED BY
STRIKING OUT "THE STATE AGENCY DESIGNATED PURAUANT TO SECTION 402( A)(3)
TO ADMINISTER OR SUPERVISE THE ADMINISTRATION OF THE PLAN OF THE STATE
APPROVED UNDER PART A OF THIS TITLE" AND INSERTING "THE INDIVIDUAL OR
AGENCY DESIGNATED PURSUANT TO SECTION 2003(D)(1)(C) ANTE, P. 2343.// TO
ADMINISTER OR SUPERVISE THE ADMINISTRATION OF THE STATE'S SERVICES
PROGRAM" IN LIEU THEREOF.
(7) SECTION 422(A)(1)(A)(II) OF THAT ACT IS AMENDED BY STRIKING OUT
"THE ORGANIZATIONAL UNIT IN SUCH STATE OF LOCAL AGENCY ESTABLISHED
PURSUANT TO SECTION 402(A)(15)" AND INSERTING A "SINGLE ORGANIZATIONAL
UNIT IN SUCH STATE OR LOCAL AGENCY, AS THE CASE MAY BE" IN LIEU THEREOF.
(8) SECTION 402(A)(15) OF THAT ACT IS AMENDED BY INSERTING "AS PART
OF THE PROGRAM OF THE STATE FOR THE PROVISION OF SERVICES UNDER TITLE
XX" IMMEDIATELY AFTER "PROVIDE". //42 USC 6029//
(B) TITLE VI OF THE SOCIAL SECURITY ACT IS REPEALED. //42 USC 801 -
805.//
(C) SECTION 1115 OF THE SOCIAL SECURITY ACT IS AMENDED BY--
(1) STRIKING OUT "OR XIX" AND INSERTING "XIX, OR XX" IN LIEU
THEREOF, 0042 USC 1315.//
(2) STRIKING OUT "OR 1902" IN CLAUSE (A) AND INSERTING "1902,
2202, 2003, OR 2004" IN LIEU THEREOF,
(3) STRIKING OUT "OR 1903" IN CLAUSE (B) AND INSERTING "1903,
OR 2002" IN LIEU THEREOF, AND
(4) INSERTING "OR EXPENDITURES WITH RESPECT TO WHICH PAYMENT
SHALL BE MADE UNDER SECTION 2002," IMMEDIATELY AFTER
"ADMINISTRATION OF SUCH STATE PLAN OF PLANS," IN CLAUSE (B).
(D) SECTION 1116 OF THE SOCIAL SECURITY ACT IS AMENDED BY-- //42 USC
1316.//
(1) STRIKING OUT "OR XIX" IN SUBSECTIONS (A)(1) AND (B) AND
INSERTING "XIX OR XX" IN LIEU THEREOF,
(2) STRIKING OUT "OR 1904" AND INSERTING "1904, OR 2003" IN
LIEU THEREOF IN SUBSECTION (A)(3), AND
(3) INSERTING "XX," IMEDIATELY AFTER "XIX," IN SUBSECTION
(D).
(E)(1) SECTION 1130 OF THE SOCIAL SECURITY ACT IS REPEALED. //42 USC
1320B.//
(2) SECTIONS 3(A) , 403(A), 1003(A), 1403(A), AND 1603(A) OF THAT ACT
(RELATING TO PAYMENTS TO STATES WITH APPROVED STATE PLANS) ARE EACH
AMENDED BY STRIKING OUT"(SUBJECT TO SECTION 1130)". //42 USC 303, 603,
1203, 1353, 1383 NOTE.//
(F) ANY CHILD DAY CARE SERVICE PROVIDED UNDER ANY PLAN OF A STATE
APPROVED UNDER PART A, OR DEVELOPED UNDER PART B. OF TITLE IV OF THE
SOCIAL SECURITY ACT MUST MEET THE REQUIREMENTS APPLICABLE, UNDER
SUBSECTION (A)(9) OF SECTION 2002 OF THE SOCIAL SECURITY ACT, AS AMENDED
BY THIS ACT, TO CHILD DAY CARE SERVICES WITH RESPECT TO WHICH PAYMENT IS
MADE UNDER THAT SECTION. //42 USC 1397A NOTE, 42 USC 601, 620, ANTE, P.
2337.// THE REQUIREMENTS IMPOSED BY THIS SUBSECTION ARE IN LIEU OF ANY
REQUIREMENTS THAT WOULD OTHERWISE BE APPLICABLE UNDER SECTION 522(:) OF
THE ECONOMIC OPPORTUNITY ACT OF 1964 TO CHILD DAY CARE SERVICES PROVIDED
UNDER ANY PLAN OF A STATE APPROVED UNDER PART A, OR DEVELOPED UNDER PART
B, OF TITLE IV OF THE SOCIAL SECURITY ACT. //42 USC 2932.//
(G) SECTION 12(A) OF PUBLIC LAW 93 - 233 IS AMENDED BY STRIKING OUT
"JANUARY 1, 1975" AND INSERTING "OCTOBER 1, 1975" IN LIEU THEREOF
NOTWITHSTANDING THE PROVISIONS OF SECTION 12(A) OF PUBLIC LAW 93 - 233,
THE SECRETARY MAY MAKE ANY MODIFICATION IN ANY REGULATION DESCRIBED IN
THAT SECTION IF THE MODIFICATION IS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS PART. //42 USC 1320B NOTE.//
(H) SECTION 422 OF THE SOCIAL SECURITY ACT IS AMENDED BY INSERTING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION: //42 USC 622.//
"(C) IF ON DECEMBER 1, 1974, THE AGENCY OF A STATE ADMINISTERING ITS
PLAN UNDER THIS PART WAS NOT THE AGENCY DESIGNATED PURSUANT TO SECTION
402(A)(3), SUBSECTION (A)(1)(A) OF THIS SECTION SHALL NOT APPLY WITH
RESPECT TO SUCH AGENCY BUT ONLY SO LONG AS SUCH AGENCY IS NOT THE AGENCY
DESIGNATED UNDER SECTION 2003(D)(1)(C), AND IF ON DECEMBER 1, 1974, THE
LOCAL AGENCY ADMINISTERING THE PLAN OF A STATE UNDER THIS PART IN A
SUBDIVISION OF THE STATE IS NOT THE LOCAL AGENCY IN SUCH SUBDIVISION
ADMINISTERING THE PLAN OF SUCH STATE UNDER PART A OF THIS TITLE,
SUBSECTION (A)(1)(A) OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO
SUCH LOCAL AGENCY BUT ONLY SO LONG AS SUCH LOCAL AGENCY IS NOT THE LOCAL
AGENCY ADMINISTERING THE PROGRAM OF THE STATE FOR THE PROVISION OF
SERVICES UNDER TITLE XX."
(I) SECTION 1108(A) OF THE SOCIAL SECURITY ACT //42 USC 1308.// IS
AMENDED BY STRIKING OUT "THE TOTAL AMOUNT" AND INSERTING IN LIEU THEREOF
"EXCEPT AS PROVIDED IN 2002(A)(2)(D), //ANTE, P. 2337.// THE TOTAL
AMOUNT".
(J) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (2) OF SECTION 2002(
A) OF THE SOCIAL SECURITY ACT, AS AMENDED BY THIS ACT, THE LIMITATION
IMPOSED BY SUCH PARAGRAPH (2) FOR THE FISCAL YEAR BEGINNING JULY 1,
1975, WITH RESPEC TO ANY STATE SHALL BE THE ALLOTMENT OF THE STATE FOR
THAT FISCAL YEAR AS DETERMINED UNDER SECTION 1130 OF THE SOCIAL SECURITY
ACT. IN DETERMINING, FOR THE PURPOSES OF THAT LIMITATION, THE TOTAL
AMOUNT OF THE PAYMENTS MADE TO ANY STATE WITH RESPECT TO EXPENDITURES
DURING THE FISCAL YEAR BEGINNING JULY 1, 1975, THERE SHALL BE INCLUDED
THE AMOUNT OF ANY PAYMENTS MADE TO THE STATE THAT ARE CHARGEABLE AGAINST
THE ALLOTMENT OF THE STATE FOR THE FISCAL YEAR BEGINNING JULY 1, 1975,
UNDER SUCH SECTION 1130.
REPORT BY THE SECRETARY
SEC. 4. PRIOR TO JULY 1, 1977, THE SECRETARY SHALL SUBMIT TO THE
CONGRESS A REPORT ON THE EFFECTIVENESS OF THE PROGRAM ESTABLISHED BY
TITLE XX OF THE SOCIAL SECURITY ACT, AS AMENDED BY THIS ACT, DURING
CALENDAR YEARS 1975 AND 1976, TOGETHER WITH RECOMMENDATIONS, IF ANY, FOR
IMPROVEMENTS IN THAT PROGRAM. //42 USC 1397A NOTE.//
PAYMENTS TO STATES FOR EDUCATIONAL PURPOSES
SEC. 5. (A) SECTION 3(A)(4)(A)(IV) OF THE SOCIAL SECURITY ACT (AS
APPLICABLE TO PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM) IS AMENDED BY
INSERTING "(INCLUDING BOTH SHORT- AND LONG-TERM TRAINING AT EDUCATIONAL
INSTITUTIONS THROUGH GRANTS TO SUCH INSTITUTIONS OR BY DIRECT FINANCIAL
ASSISTANCE TO STUDENTS ENROLLED IN SUCH INSTITUTIONS)" FOLLOWING
"TRAINING". //42 USC 1203.//
(D) SECTION 1403(A)(3)(A)(IV) OF THE SOCIAL SECURITY ACT (AS
APPLICABLE TO PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM) IS AMENDED BY
INSERTING "(INCLUDING BOTH SHORT- AND LONG-TERM TRAINING AT EDUCATIONAL
INSTITUTIONS THROUGH GRANTS TO SUCH INSTITUTIONS OR BY DIRECT FINANCIAL
ASSISTANCE TO STUDENTS ENROLLED IN SUCH INSTITUTIONS)" FOLLOWING
"TRAINING". //42 USC 1353.//
(E) SECTION 1603(A)(4)(A)(IV) OF THE SOCIAL SECURITY ACT (AS
APPLICABLE TO PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM) IS AMENDED BY
INSERTING "(INCLUDING BOTY SHORT- AND LON-TERM TRAINING AT EDUCATIONAL
INSTITUTIONS THROUGH GRANTS TO SUCH INSTITUTIONS OR BY DIRECT FINANCIAL
ASSISTANCE TO STUDENTS ENROLLED AT SUCH INSTITUTIONS)" FOLLOWING
"TRAINING". //42 USC 1383 NOTE.//
DEFINITION OF SECRETARY
SEC. 6. AS USED IN THIS PART AND THE AMENDMENTS MADE BY THIS PART,
THE TERM "SECRETARY" MEANS, UNLESS THE CONTEXT OTHERWISE REQUIRES, THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE.
EFFECTIVE DATES
SEC. 7. (A)(1) THE AMENDMENTS MADE BYR SECTIONS 2 AND 5 OF THIS ACT
SHALL BE EFFECTIVE WITH RESPECT TO PAYMENTS FOR QUARTERS COMMENCING
AFTER SEPTEMBER 30, 1975. //42 USC 1397 NOTE, ANTE, PP. 2337, 2350.//
(2) NOTWITHSTANDING THE PROVISIONS OF SECTION 2004 OF THE SOCIAL
SECURITY ACT, AS AMENDED BY THIS ACT, THE FIRST SERVICES PROGRAM YEAR OF
EACH STATE SHALL BEGIN ON OCTOBER 1, 1975, AND END WITH THE CLOSE OF, AT
THE OPTION OF THE STATE-- //ANTE, P. 2346.//
(A) THE DAY IN THE TWELVE-MONTH PERIOD BEGINNING OCTOBER 1,
1975, OR
(B) THE DAY IN THE TWELVE-MONTH PERIOD BEGINNING OCTOBER 1,
1976,
WHICH IS THE LAST DAY OF THE TWELVE-MONTH PERIOD ESTABLISHED BY THE
STATE AS ITS SERVICES PROGRAM YEAR UNDER THAT SECTION. NOTWITHSTANDING
THE PROVISIONS OF SUBSECTION (B) OF SECTION 2003 OF THE SOCIAL SECURITY
ACT, AS AMENDED BY THIS ACT, //ANTE P. 2343.// THE AGGREGATE
EXPENDITURES REQUIRED BY THAT SUBSECTION WITH RESPECT TO THE FIRST
SERVICES PROGRAM YEAR OF EACH STATE SHALL BE THE AMOUNT WHICH BEARS THE
SAME RATIO TO THE AMOUNT THAT WOULD OTHERWISE BE REQUIRED UNDER THAT
SUBSECTION AS THE NUMBER OF MONTHS IN THE STATE'S FIRST SERVICES PROGRAM
YEAR BEARS TO TWELVE.
(B) THE AMENDMENTS MADE BY SECTION 3 OF THIS ACT //ANTE, P. 2348.//
SHALL BE EFFECTIVE WITH RESPECT TO PAYMENTS UNDER SECTIONS 403 AND 603
OF THE SOCIAL SUCURITY ACT FOR QUARTERS COMMENCING AFTER SEPTEMBER 30,
1975, EXCEPT THAT THE AMENDMENTS MADE BY SECTION 3(A) SHALL NOT BE
EFFECTIVE WITH RESPECT TO THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN
ISLANDS, OR GUAM. //42 USC 603, 803.//
CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY
IN GENERAL
SEC. 101. (A) TITLE IV OF THE SOCIAL SECURITY ACT IS AMENDED BY
ADDING AFTER PART C THE FOLLOWING PART:
"APPROPRIATION
"SEC. 451. FOR THE PURPOSE OF ENFORCING THE SUPPORT OBLIGATIONS OWED
BY ABSENT PARENTS TO THEIR CHILDREN, LOCATING ABSENT PARENTS,
ESTABLISHING PATERNITY, AND OBTAINING CHILD SUPPORT, THERE IS HEREBY
AUTHORIZED TO BE APPROPRIATED FOR EACH FISCAL YEAR A SUM SUFFICIENT TO
CARRY OUT THE PURPOSES OF THIS PART.
"DUTIES OF THE SECRETARY //42 USC 652.//
"SEC. 452. (A) THE SECRETARY SHALL ESTABLISH, WITHIN THE DEPARTMENT
OF HEALTH, EDUCATION, AND WELFARE A SEPARATE ORGANIZATIONAL UNIT, UNDER
THE DIRECTION OF A DESIGNEE OF THE SECRETARY, WHO SHALL REPORT DIRECTLY
TO THE SECRETARY AND WHO SHALL--
"(1) ESTABLISH SUCH STANDARDS FOR STATE PROGRAMS FOR LOCATING
ABSENT PARENTS, ESTABLISHING PATERNITY, AND OBTAINING CHILD
SUPPORT AS HE DETERMINES TO BE NECESSARY TO ASSURE THAT SUCH
PROGRAMS WILL BE EFFECTIVE;
"(2) ESTABLISH MINIMUM ORGANIZATIONAL AND STAFFING REQUIREMENTS
FOR STATE UNITS ENGAGED IN CARRYING OUT SUCH PROGRAMS UNDER PLANS
APPROVED UNDER THIS PART;
"(3) REVIEW AND APPROVE STATE PLANS FOR SUCH PROGRAMS;
"(4) EVALUATE THE IMPLEMENTATION OF STATE PROGRAMS ESTABLICHED
PURSUANT TO SUCH PLAN, CONDUCT SUCH AUDITS OF STATE PROGRAMS
ESTABLISHED UNDER THE PLAN APPROVED UNDER THIS PART AS MAY BE
NECESSARY TO ASSURE THEIR CONFORMITY WITH THE REQUIREMENTS OF THIS
PART, AND, NOT LESS OFTEN THAN ANNUALLY, CONDUCT A COMPLETE AUDIT
OF THE PROGRAMS ESTABLISHED UNDER SUCH PLAN IN EACH STATE AND
DETERMINE FOR THE PURPOSES OF THE PENALTY PROVISION OF SECTION
403(H) WHETHER THE ACTUAL OPERATION OF SUCH PROGRAMS IN EACH STATE
CONFORMS TO THE REQUIREMENTS OF THIS PART;
"(5) ASSIST STATES IN ESTABLISHING ADEQUATE REPORTING
PROCEDURES AND MAINTAIN RECORDS OF THE OPERATIONS OF PROGRAMS
ESTABLISHED PURSUANT TO THIS PART IN EACH STATE;
"(6) MAINTAIN RECORDS OF ALL AMOUNTS COLLECTED AND DISBURSED
UNDER PROGRAMS ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS PART
AND OF THE COSTS INCURRED IN COLLELCTING SUCH AMOUNTS;
"(7) PROVIDE TECHNICAL ASSISTANCE TO THE STATES TO HELP THEM
ESTABLISH EFFECTIVE SYSTEMS FOR COLLECTING CHILD SUPPORT AND
ESTABLISHING PATERNITY;
"(8) RECEIVE APPLICATIONS FROM STATES FOR PERMISSION TO UTILIZE
THE COURTS OF THE UNITED STATES TO ENFORCE COURT ORDERS FOR
SUPPORT AGAINST ABSENT PARENTS AND, UPON A FINDING THAT (A)
ANOTHER STATE HAS NOT UNDERTAKEN TO ENFORCE THE COURT ORDER OF THE
ORIGINATING STATE AGAINST THE ABSENT PARENT WITHIN A REASONABLE
TIME, AND (B) THAT UTILIZATION OF THE FEDERAL COURTS IS THE ONLY
REASONABLE METHOD OF ENFORCING SUCH ORDER, APPROVE SUCH
APPLICATIONS;
"(9) OPERATE THE PARENT LOCATOR SERVICE ESTABLISHED BY SECTION
453; AND //POST, P. 2353.//
"(10) NOT LATER THAN JUNE 30 OF EACH YEAR BEGINNING AFTER
DECEMBER 31, 1975, SUBMIT TO THE CONGRESS A REPORT ON ALL
ACTIVITIES UNDERTAKEN PURSUANT TO THE PROVISIONS OF THIS PART.
"(B) THE SECRETARY SHALL, UPON THE REQUEST OF ANY STATE HAVING IN
EFFECT A STATE PLAN APPROVED UNDER THIS PART, CERTIFY THE AMOUNT OF ANY
CHILD SUPPORT OBLIGATION ASSIGNED TO SUCH STATE TO THE SECRETARY OF THE
TREASURY FOR COLLECTION PURSUANT TO THE PROVISIONS OF SECTION 6305 OF
THE INTERNAL REVENUE CODE OF 1954. //POST, P. 2358.// NO AMOUNT MAY BE
CERTIFIED FOR COLLECTION UNDER THIS SUBSECTION EXCEPT THE AMOUNT OF THE
DELINQUENCY UNDER A COURT ORDER FOR SUPPORT AND UPON A SHOWING BY THE
STATE THAT SUCH STATE HAS MADE DILIGENT AND REASONABLE EFFORTS TO
COLLECT SUCH AMOUNTS UTILIZING ITS OWN COLLECTION MECHANISMS, AND UPON
AN ATREEMENT THAT THE STATE WILL REIMBURSE THE UNITED STATES FOR ANY
COSTS INVOLVED IN MAKING THE COLLECTION. THE SECRETARY AFTER
CONSULTATION WITH THE SECRETARY OF THE TREASURY MAY, BY REGULATION,
ESTABLISH CRITERIA FOR ACCEPTING AMOUNTS FOR COLLECTION AND FOR MAKING
CERTIFICATION UNDER THIS SUBSECTION INCLUDING IMPOSING SUCH LIMITATIONS
ON THE FREQUENCY OF MAKING SUCH CERTIFICATIONS UNDER THIS SUBSECTION.
"(C)(1) THERE IS HEREBY ESTABLISHED IN THE TREASURY A REVOLVING FUND
WHICH SHALL BE AVAILABLE TO THE SECRETARY WITHOUT FISCAL YEAR
LIMITATION, TO ENABLE HIM TO PAY TO THE STATES FOR DISTRIBUTION IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 457 SUCH AMOUNTS AS MAY BE
COLLECTED AND PAID (SUBJECT TO PARAGRAPH (2)) INTO SUCH FUND UNDER
SECTION 6305 OF THE INTERNAL REVENUE CODE OF 1954. //POST, P. 2356.//
"(2) THERE IS HEREBY APPROPRIATED TO THE FUND, OUT OF ANY MONEYS IN
THE TREASURY NOT OTHERWISE APPROPRIATED, AMOUNTS EQUAL TO THE AMOUNTS
COLLECTED UNDER SECTION 6305 OF THE INTERNAL REVENUE CODE OF 1954,
REDUCED BY THE AMOUNTS CREDITED OR REFUNDED AS OVERPAYMENTS OF THE
AMOUNTS SO COLLECTED. THE AMOUNTS APPROPRIATED BY THE PRECEDING SECTION
SHALL BE TRANSFERRED AT LEAST QUARTERLY FROM THE GENERAL FUND OF THE
TREASURY TO THE FUND ON THE BASIS OF ESTIMATED MADE BY THE SECRETARY OF
THE TREASURY. PROPER ADJUSTMENTS SHALL BE MADE IN THE AMOUNTS
SUBSEQUENTLY TRANSFERRED TO THE EXTENT PRIOR ESTIMATES WERE IN EXCESS OF
OR LESS THAN THE AMOUNTS REQUIRED TO BE TRANSFERRED.
"PARENT LOCATOR SERVICE //42 USC 653.//
"SEC. 453. (A) THE SECRETARY SHALL ESTABLISH AND CONDUCT A PARENT
LOCATOR SERVICE, UNDER THE DIRECTION OF THE DESIGNEE OF THE SECRETARY
REFERRED TO IN SECTION 452(A), WHICH SHALL BE USED TO OBTAIN AND
TRANSMIT TO ANY AUTHORIZED PERSON (AS DEFINED IN SUBSECTION (C))
INFORMATION AS TO THE WHEREABOUTS OF ANY ABSENT PARENT WHEN SUCH
INFORMATION IS TO BE USED TO LOCATE SUCH PARENT FOR THE PURPOSE OF
ENFORCING SUPPORT OBLIGATIONS AGAINST SUCH PARENT.
"(B) UPON REQUEST, FILED IN ACCORDANCE WITH SUBSECTION (D) OF ANY
AUTHORIZED PERSON (AS DEFINED IN SUBSECTION (C)) FOR THE MOST RECENT
ADDRESS AND PLACE OF LEMPLOYMENT OF ANY ABSENT PARENT, THE SECRETARY
SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PROVIDE THROUGH THE
PARENT LOCATOR SERVICE SUCH INFORMATION TO SUCH PERSON, IF SUCH
INFORMATION--
"(1) IS CONTAINED IN ANY FILES OR RECORDS MAINTAINED BY THE
SECRETARY OR BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE;
OR
"(2) IS NOT CONTAINED IN SUCH FILES OR RECORDS, BUT CAN BE
OBTAINED BY THE SECRETARY, UNDER THE AUTHORITY CONFERRED BY
SUBSECTION (E), FROM ANY OTHER DEPARTMENT, AGENCY, OR
INSTRUMENTALITY, OR THE UNITED STATES OR OF ANY STATE.
NO INFORMATION SHALL BE DISCLOSED TO ANY PERSON IF THE DISCLOSURE OF
SUCH INFORMATION WOULD CONTRAVENE THE NATIONAL POLICY OR SECURITY
INTERESTS OF THE UNITED STATES OR THE CONFIDENTIALITY OF CNSUS DATA.
THE SECRETARY SHALL GIVE PRIORITY TO REQUESTS MADE BY ANY AUTHORIZED
PERSON DESCRIBED IN SUBSECTION (C)(1).
"(C) AS USED IN SUBSECTION (A), THE TERM 'AUTHORIZED PERSON'
MEANS--
"(1) ANY AGENT OR ATTORNEY OF ANY STATE HAVING IN EFFECT A PLAN
APPROVED UNDER THIS PART, WHO HAS THE DUTY OR AUTHORITY UNDER SUCH
PLANS TO SEEK TO RECOVER ANY AMOUNTS OWED AS CHILD SUPPORT
(INCLUDING, WHEN AUTHORIZED UNDER THE STATE PLAN, ANY OFFICIAL OF
A POLITICAL SUBDIVISION);
"(2) THE COURT WHICH HAS AUTHORITY TO ISSUE AN ORDER AGAINST AN
ABSENT PARENT FOR THE SUPPORT AND MAINTENANCE OF A CHILD, OR ANY
AGENT OF SUCH COURT; AND
"(3) THE RESIDENT PARENT, LEGAL GUARDIAN, ATTORNEY, OR AGENT OF
A CHILD (OTHER THAN A CHILD RECEIVING AID UNDER PART A OF THIS
TITLE) (AS DETERMINED BY REGULATIONS PRESCRIBED BY THE SECRETARY)
WITHOUT REGARD TO THE EXISTENCE OF A COURT ORDER AGANIST AN ABSENT
PARENT WHO HAS A DUTY TO SUPPORT AND MAINTAIN ANY SUCH CHILD.
"(D) A REQUEST FOR INFORMATION UNDER THIS SECTION SHALL BE FILED IN
SUCH MANNER AND FORM AS THE SECRETARY SHALL BY REGULATION PRESCRIBE AND
SHALL BE ACCOMPANIED OR SUPPORTED BY SUCH DOCUMENTS AS THE SECRETARY MAY
DETERMINE TO BE NECESSARY.
"(E)(1) WHENEVER THE SECRETARY RECEIVES A REQUEST SUBMITTED UNDER
SUBSECTION (B) WHICH HE IS REASONABLY SATISFIED MEETS THE CRITERIA
ESTABLISHED BY SUBSECTIONS (A), AND (C), HE SHALL PROMPTLY UNDERTAKE TO
PROVIDE THE INFORMATION REQUESTED FROM THE FILES AND RECORDS MAINTAINED
BY ANY OF THE DEPARTMENTS, AGENCIES, OR INSTRUMENTALITIES OF THE UNITED
STATES OR OF ANY STATE.
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER THE
INDIVIDUAL WHO IS THE HEAD OF ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY
OF THE UNITED STATES RECEIVES A REQUEST FROM THE SECRETARY FOR
INFORMATION AUTHORIZED TO BE PROVIDED BY THE SECRETARY UNDER THIS
SECTION, SUCH INDIVIDUAL SHALL PROMPTLY CAUSE A SEARCH TO BE MADE OF THE
FILES AND RECORDS MAINTAINED BY SUCH DEPARTMENT, AGENCY, OR
INSTRUMENTALITY WITH A VIEW TO DETERMINING WHETHER THE INFORMATION
REQUESTED IS CONTAINED IN ANY SUCH FILES OR RECORDS. IF SUCH SEARCH
DISCLOSES THE INFORMATION REQUESTED, SUCH INDIVIDUAL SHALL IMMEDIATELY
TRANSMIT SUCH INFORMATION TO THE SECRETARY, EXCEPT THAT IF ANY
INFORMATION IS OBTAINED THE DISCLOSURE OF WHICH WOULD CONTRAVENE
NATIONAL POLICY OR SECURITY INTERESTS OF THE UNITED STATES OR THE
CONFIDENTIALITY OF CENSUS DATA, SUCH INFORMATION SHALL NOT BE
TRANSMITTED AND SUCH INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE SECRETARY.
IF SUCH SEARCH FAILS TO DISCLOSE THE INFORMATION REQUESTED, SUCH
INDIVIDUAL SHALL IMMEDIATELY SO NOTIFY THE SECRETARY. THE COSTS
INCURRED BY ANY SUCH DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE
UNITED STATES OR OF ANY STATE IN PROVIDING SUCH INFORMATION TO THE
SECRETARY SHALL BE REIMBURSED BY HIM. WHENEVER SUCH SERVICES ARE
FURNISHED TO AN INDIVIDUAL SPECIFIED IN SUBSECTION (C)(3), A FEE SHALL
BE CHARGED SUCH INDIVIDUAL. THE FEE SO CHARGED SHALL BE USED TO
REIMBURSE THE SECRETARY OR HIS DELEGATE FOR THE EXPENSE OF PROVIDING
SUCH SERVICES.
"(F) THE SECRETARY, IN CARRYING OUT HIS DUTIES AND FUNCTIONS UNDER
THIS SECTION, SHALL ENTER INTO ARRANGEMENTS WITH STATE AGENCIES
ADMINISTERING STATE PLANS APPROVED UNDER THIS PART FOR SUCH STATE
AGENCIES TO ACCEPT FROM RESIDENT PARENTS, LEGAL GUARDIANS, OR AGENTS OF
A CHILD DESCRIBED IN SUBSECTION (C)(3) AND, AFTER DETERMINING THAT THE
ABSENT PARENT CANNOT BE LOCATED THROUGH THE PROCEDURES UNDER THE CONTROL
OF SUCH STATE AGENCIES, TO TRANSMIT TO THE SECRETARY REQUESTS FOR
INFORMATION WITH REGARD TO THE WHEREABOUTS OF ABSENT PARENTS AND
OTHERWISE TO COOPERATE WITH THE SECRETARY IN CARRYING OUT THE PURPOSES
OF THIS SECTION.
"STATE PLAN FOR CHILD SUPPORT //42 USC 654.//
"SEC. 454. A STATE PLAN FOR CHILD SUPPORT MUST--
"(1) PROVIDE THAT IT SHALL BE IN EFFECT IN ALL POLITICAL
SUBDIVISIONS OF THE STATE;
"(2) PROVIDE FOR FINANCIAL PARTICIPATION BY THE STATE;
"(3) PROVIDE FOR THE ESTABLISHMENT OR DESIGNATION OF A SINGLE
AND SEPARATE ORGANIZATIONAL UNIT, WHICH MEETS SUCH STAFFING AND
ORGANIZATIONAL REQUIREMENTS AS THE SECRETARY MAY BY REGULATION
PRESCRIBE, WITHIN THE STATE TO ADMINISTER THE PLAN;
"(4) PROVIDE THAT STATE WILL UNDERTAKE--
"(A) IN THE CASE OF A CHILD BORN OUT OF WEDLOCK WITH RESPECT TO
WHOM AN ASSIGNMENT UNDER SECTION 402(A)(26) OF THIS TITLE IS
EFFECTIVE, TO EXTABLISH THE PATERNITY OF SUCH CHILD, AND //42 USC
602.//
"(B) IN THE CASE OF ANY CHILD WITH RESPECT TO WHOM SUCH
ASSIGNMENT IS EVVECTIVE, TO SECURE SUPPORT FOR SUCH CHILD FROM HIS
PARENT (OR FROM ANY OTHER PERSON LEGALLY LIABLE FOR SUCH SUPPORT),
UTILIZING ANY RECIPROCAL ARRANGEMENTS ADOPTED WITH OTHER STATES,
EXCEPT THAT WHEN SUCH ARRANGEMENTS AND OTHER MEANS HAVE PROVEN
INEFFECTIVE, THE STATE MAY UTILIZE THE FEDERAL COURTS TO OBTAIN OR
ENFORCE COURT ORDERS FOR SUPPORT;
"(5) PROVIDE THAT, IN ANY CASE IN WHICH CHILD SUPPORT PAYMENTS
ARE COLLECTED FOR A CHILD WITH RESPECT TO WHOM AN ASSIGNMENT UNDER
SECTION 402(A(26) IS EFFECTIVE, SUCH PAYMENTS SHALL BE MADE TO THE
STATE FOR DISTRIBUTION PURSUANT TO SECTION 457 //POST, P. 2356.//
AND SHALL NOT BE PAID DIRECTLY TO THE FAMILY EXCEPT THAT THIS
PARAGRAPH SHALL NOT APPLY TO SUCH PAYMENTS (EXCEPT AS PROVIDED IN
SECTION 457(C)) FOR ANY MONTH IN WHICH THE AMOUNT COLLECTED IS
SUFFICIENT TO MAKE SUCH FAMILY INELIGIBLE FOR ASSISTANCE UNDER THE
STATE PLAN APPROVED UNDER PART A;
"(6) PROVIDE THAT (A) THE CHILD SUPPORT COLLECTION OR PATERNITY
DETERMINATION SERVICES ESTABLISHED UNDER THE PLAN SHALL BE MADE
AVAILABLE TO ANY INDIVIDUAL NOT OTHERWISE ELIGIBLE FOR SUCH
SERVICES UPON APPLICATION FILED BY SUCH INDIVIDUAL WITH THE STATE,
(B) AN APPLICATION FEE FOR FURNISHING SUCH SERVICES MAY BE
IMPOSED, EXCEPT THAT THE AMOUNT OF ANY SUCH APPLICATION FEE SHALL
BE REASONABLE, AS DETERMINED UNDER REGULATIONS OF THE SECRETARY,
AND (C) ANY COSTS IN EXCESS OF THE FEE SO IMPOSED MAY BE COLLECTED
FROM SUCH INDIVIDUAL BY DEDUCTING SUCH COSTS FROM THE AMOUNT OF
ANY RECOVERY MADE;
"(7) PROVIDE FOR ENTERING INTO COOPERATIVE ARRANGEMENTS WITH
APPROPRIATE COURTS AND LAW ENFORCEMENT OFFICIALS (A) TO ASSIST THE
AGENCY ADMINISTERING THE PLAN, INCLUDING THE ENTERING INTO OF
FINANCIAL ARRANGEMENTS WITH SUCH COURTS AND OFFICIALS IN ORDER TO
ASSURE OPTIMUM RESULTS UNDER SUCH PROGRAM, AND (B) WITH RESPECT TO
ANY OTHER MATTERS OF COMMON CONCERN TO SUCH COURTS OR OFFICIALS
AND THE AGENCY ADMINISTERING THE PLAN;
"(8) PROVIDE THAT THE AGENCY ADMINISTERING THE PLAN WILL
ESTABLISH A SERVICE TO LOCATE ABSENT PARENTS UTILIZING--
"(A) ALL SOURCES OF INFORMATION AND AVAILABLE RECORDS, AND
"(B) THE PARENT LOCATOR SERVICE IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE;
"(9) PROVIDE THAT THE STATE WILL, IN ACCORDANCE WITH STANDARDS
PRESCRIBED BY THE SECRETARY, COOPERATE WITH ANY OTHER STATE--
"(A) IN ESTABLISHING PATERNITY, IF NECESSARY,
"(B) IN LOCATING AN ABSENT PARENT RESIDING IN THE STATE
(WHETHER OR NOT PERMANENTLY) AGAINST WHOM ANY ACTION IS BEING
TAKEN UNDER A PROGRAM ESTABLISHED UNDER A PLAN APPROVED UNDER THIS
PART IN ANOTHER STATE,
"(C) IN SECURING COMPLIANCE BY AN ABSENT PARENT RESIDING IN
SUCH STATE (WHETHER OR NOT PERMANENTLY) WITH AN ORDER ISSUED BY A
COURT OF COMPETENT JURISDICTION AGAINST SUCH PARENT FOR THE
SUPPORT AND MAINTENANCE OF A CHILD OR CHILDREN OF SUCH PARENT WITH
RESPECT TO WHOM AID IS BEING PROVIDED UNDER THE PLAN OF SUCH OTHER
STATE, AND
"(D) IN CARRYING OUT OTHER FUNCTIONS REQUIRED UNDER A PLAN
APPROVED UNDER THIS PART;
"(10) PROVIDE THAT THE STATE WILL MAINTAIN A FULL RECORD OF
COLLECTIONS AND DISBURSEMENTS MADE UNDER THE PLAN AND HAVE AN
ADEQUATE REPORTING SYSTEM;
"(11) PROVIDE THAT AMOUNTS COLLECTED AS CHILD SUPPORT SHALL BE
DISTRIBUTED AS PROVIDED IN SECTION 457; //POST, P. 2356.//
"(12) PROVIDE THAT ANY PAYMENT REQUIRED TO BE MADE UNDER
SECTION 456 OR 457 TO A FAMILY SHALL BE MADE TO THE RESIDENT
PARENT, LEGAL GUARDIAN, OR CARETAKER RELATIVE HAVING CUSTODY OF OR
RESPONSIBILITY FOR THE CHILD OR CHILDREN; AND
"(13) PROVIDE THAT THE STATE WILL COMPLY WITH SUCH OTHER
REQUIREMENTS AND STANDARDS AS THE SECRETARY DETERMINES TO BE
NECESSARY TO THE ESTABLISHMENT OF AN EFFECTIVE PROGRAM FOR
LOCATING ABSENT PARENTS, ESTABLISHING PATERNITY, OBTAINING SUPPORT
ORDERS, AND COLLECTING SUPPORT PAYMENTS.
"PAYMENTS TO STATES //42 USC 655.//
"SEC. 455. FROM THE SUMS APPROPRIATED THEREFOR, THE SECRETARY SHALL
PAY TO EACH STATE FOR EACH QUARTER, BEGINNING WITH THE QUARTER
COMMENCING JULY 1, 1975, AN AMOUNT EQUAL TO 75 PERCENT OF THE TOTAL
AMOUNTS EXPENDED BY SUCH STATE DURING SUCH QUARTER FOR THE OPERATION OF
THE PLAN APPROVED UNDER SECTION 454 //ANTE, P. 2354.// ESCEPT THAT NO
AMOUNT SHALL BE PAID TO ANY STATE ON ACCOUNT OF FURNISHING COLLECTION
SERVICES (OTHER THAN PARENT LOCATOR SERVICES) TO INDIVIDUALS UNDER
SECTION 454(6) DURING ANY PERIOD BEGINNING AFTER JUNE 30, 1976.
"SUPPORT OBLIGATIONS //42 USC 656.//
"SEC. 456. (A) THE SUPPORT RIGHTS ASSIGNED TO THE STATE UNDER
SECTION 402(A)(26) SHALL CONSTITUTE AN OBLIGATION OWED TO SUCH STATE BY
THE INDIVIDUAL RESPONSIBLE FOR PROVIDING SUCH SUPPORT. SUCH OBLIGATION
SHALL BE DEEMED FOR COLLECTION PURPOSES TO BE COLLECTIBLE UNDER ALL
APPLICABLE STATE AND LOCAL PROCESSES. //42 USC 602.//
"(1) THE AMOUNT OF SUCH OBLIGATION SHALL BE--
"(A) THE AMOUNT SPECIFIED IN A COURT ORDER WHICH COVERS THE
ASSIGNED SUPPORT RIGHTS, OR
"(B) IF THERE IS NO COURT ORDER, AN AMOUNT DETERMINED BY THE
STATE IN ACCORDANCE WITH A FORMULA APPROVED BY THE SECRETARY, AND
"(2) ANY AMOUNTS COLLECTED FROM AN ABSENT PARENT UNDER THE PLAN SHALL
REDUCE, DOLLAR FOR DOLLAR, THE AMOUNT OF HIS OBLIGATION UNDER PARAGRAPHS
(1)(A) AND (B)
"(B) A DEBT WHICH IS A CHILD SUPPORT OBLIGATION ASSIGNED TO A STATE
UNDER SECTION 402(A)(26) IS NOT RELEASED BY A DISCHARGE IN BANKRUPTCY
UNDER THE BANKRUPTCY ACT. //11 USC 1 NOTE.//
"DISTRIBUTION OF PROCEEDS //42 USC 657.//
"SEC. 457. (A) THE AMOUNTS COLLECTED AS CHILD SUPPORT BY A STATE
PURSUANT TO A PLAN APPROVED UNDER THIS PART DURING THE 15 MONTHS
BEGINNING JULY 1, 1975, SHALL BE DISTRIBUTED AS FOLLOWS:
"(1) 40 PER CENTUM OF THE FIRST $50 OF SUCH AMOUNTS AS ARE
COLLECTED PERIODICALLY WHICH REPRESENT MONTHLY SUPPORT PAYMENTS
SHALL BE PAID TO THE FAMILY WITHOUT ANY DECREASE IN THE AMOUNT
PAID AS ASSISTANCE TO SUCH FAMILY DURING SUCH MONTH;
"(2) SUCH AMOUNTS AS ARE COLLECTED PERIODICALLY WHICH ARE IN
EXCESS OF ANY AMOUNT PAID TO THE FAMILY UNDER PARAGRAPH (1) WHICH
REPRESENT MONTHLY SUPPORT PAYMENTS SHALL BE RETAINED BY THE STATE
TO REIMBURSE IT FOR ASSISTANCE PAYMENTS TO THE FAMILY DURING SUCH
PERIOD (WITH APPROPRIATE REIMBURSEMENT OF THE FEDERAL GOVERNMENT
TO THE EXTENT OF ITS PARTICIPATION IN THE FINANCING);
"(3) SUCH AMOUNTS AS ARE IN EXCESS OF AMOUNTS RETAINED BY THE
STATE UNDER PARAGRAPH (2) AND ARE NOT IN EXCESS OF THE AMOUNT
REQUIRED TO BE PAID DURING SUCH PERIOD TO THE FAMILY BY A COURT
ORDER SHALL BE PAID TO THE FAMILY; AND
"(4) SUCH AMOUNTS AS ARE IN EXCESS OF AMOUNTS REQUIRED TO BE
DISTRIBUTED UNDER PARAGRAPHS (1), (2), AND (3) SHALL BE (A)
RETAINED BY THE STATE (WITH APPROPRIATE REIMBURSEMENT OF THE
FEDERAL GOVERNMENT TO THE EXTENT OF ITS PARTICIPATION IN THE
FINANCING) AS REIMBURSEMENT FOR ANY PAST ASSISTANCE PAYMENTS MADE
TO THE FAMILY FOR WHICH THE STATE HAS NOT BEEN REIMBURSED OR (B)
IF NO ASSISTANCE PAYMENTS HAVE BEEN MADE BY THE STATE WHICH HAVE
NOT BEEN REPAID, SUCH AMOUNTS SHALL BE PAID TO THE FAMILY.
"(B) THE AMOUNTS COLLECTED AS CHILD SUPPORT BY A STATE PURSUANT TO A
PLAN APPROVED UNDER THIS PART DURING ANY FISCAL YEAR BEGINNING AFTER
SEPTEMBER 30, 1976, SHALL BE DISTRIBUTED AS FOLLOWS:
"(1) SUCH AMOUNTS AS ARE COLLECTED PERIODICALLY WHICH REPRESENT
MONTHLY SUPPORT PAYMENTS SHALL BE RETAINED BY THE STATE TO
REIMBURSE IT FOR ASSISTANCE PAYMENTS TO THE FAMILY DURING SUCH
PERIOD (WITH APPROPRIATE REIMBURSEMENT OF THE FEDERAL GOVERNMENT
TO THE EXTENT OF ITS PARTICIPATION IN THE FINANCING);
"(2) SUCH AMOUNTS AS ARE IN EXCESS OF AMOUNTS RETAINED BY THE
STATE UNDER PARAGRAPH (1) AND ARE NOT IN EXCESS OF THE AMOUNT
REQUIRED TO BE PAID DURING SUCH PERIOD TO THE FAMILY BY A COURT
ORDER SHALL BE PAID TO THE FAMILY; AND
"(3) SUCH AMOUNTS AS ARE IN EXCESS OF AMOUNTS REQUIRED TO BE
DISTRIBUTED UNDER PARAGRAPHS (1) AND (2) SHALL BE (A) RETAINED BY
THE STATE (WITH APPROPRIATE REIMBURSEMENT OF THE FEDERAL
GOVERNMENT TO THE EXTENT OF ITS PARTICIPATION IN THE FINANCING) AS
REIMBURSEMENT FOR ANY PAST ASSISTANCE PAYMENTS MADE TO THE FAMILY
FOR WHICH THE STATE HAS NOT BEEN REIMBURSED OR (B) IF NO
ASSISTANCE PAYMENTS HAVE BEEN MADE BY THE STATE WHICH HAVE NOT
BEEN REPAID, SUCH AMOUNTS SHALL BE PAID TO THE FAMILY.
"(C) WHENEVER A FAMILY FOR WHOM CHILD SUPPORT PAYMENTS HAVE BEEN
COLLECTED AND DISTRIBUTED UNDER THE PLAN CEASES TO RECEIVE ASSISTANCE
UNDER PART A OF THIS TITLE, THE STATE MAY--
"(1) CONTINUE TO COLLECT SUCH SUPPORT PAYMNENTS FROM THE ABSENT
PARENT FOR A PERIOD OF NOT TO EXCEED THREE MONTHS FROM THE MONTH
FOLLOWING THE MONTH IN WHICH SUCH FAMILY CEASED TO RECEIVE
ASSISTANCE UNDER PART A OF THIS TITLE, AND PAY ALL AMOUNTS SO
COLLECTED TO THE FAMILY; AND
"(2) AT THE END OF SUCH THREE-MONTH PERIOD, IF THE STATE IS
AUTHORIZED TO DO SO BY THE INDIVIDUAL ON WHOSE BEHALF THE
COLLECTION WILL BE MADE, CONTINUE TO COLLECT SUCH SUPPORT PAYMENTS
FROM THE ABSENT PARENT AND PAY THE NET AMOUNT OF ANY AMOUNT SO
COLLECTED TO THE FAMILY AFTER DEDUCTING ANY COSTS INCURRED IN
MAKING THE COLLECTION FROM THE AMOUNT OF ANY RECOVERY MADE.
"INCENTIVE PAYMENT TO LOCALITIES //42 USC 658.//
"SEC. 458. (A) WHEN A POLITICAL SUBDIVISION OF A STATE MAKES, FOR
THE STATE OF WHICH IT IS A POLITICAL SUBDIVISION, OR ONE STATE MAKES,
FOR ANOTHER STATE, THE ENFORCEMENT AND COLLECTION OF THE SUPPORT RIGHTS
ASSIGNED UNDER SECTION 402(A)(26) //42 USC 602.// (EITHER WITHIN OR
OUTSIDE OF SUCH STATE), THERE SHALL BE PAID TO SUCH POLITICAL
SUBDIVISION OR SUCH OTHER STATE FROM AMOUNTS WHICH WOULD OTHERWISE
REPRESENT THE FEDERAL SHARE OF ASSISTANCE TO THE FAMILY OF THE ABSENT
PARENT--
"(1) AN AMOUNT EQUAL TO 25 PER CENTUM OF ANY AMOUNT COLLECTED
(AND REQUIRED TO BE DISTRIBUTED AS PROVIDED IN SECTION 457 TO
REDUCE OR REPAY ASSISTANCE PAYMENTS) WHICH IS ATTRIBUTABLE TO THE
SUPPORT OBLIGATION OWED FOR 12 MONTHS; AND
"(2) AN AMOUNT EQUAL TO 10 PER CENTUM OF ANY AMOUNT COLLECTED
(AND REQUIRED TO BE DISTRIBUTED AS PROVIDED IN SECTION 457 TO
REDUCE OR REPAY ASSISTANCE PAYMENTS) WHICH IS ATTRIBUTABLE TO THE
SUPPORT OBLIGATION OWED FOR ANY MONTH AFTER THE FIRST TWELVE
MONTHS FOR WHICH SUCH COLLECTIONS ARE MADE.
"(B) WHERE MORE THAN ONE JURISDICTION IS INVOLVED IN SUCH ENFORCEMENT
OR COLLECTION, THE AMOUNT OF THE INCENTIVE PAYMENT DETERMINED UNDER
PARAGRAPHS (1) AND (2) OF SUBSECTION (A) SHALL BE ALLOCATED AMONG THE
JURISDICTIONS IN A MANNER TO BE PRESCRIBED BY THE SECRETARY.
"CONSENT BY THE UNITED STATES TO GARNISHMENT AND SIMILAR
PROCEEDINGGS FOR ENFORCEMENT OF CHILD SUPPORT AND ALIMONY
OBLIGATIONS //42 USC 659.//
"SEC. 459. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EFFECTIVE
JANUARY 1, 1975, MONEYS (THE ENTITLEMENT TO WHICH IS BASED UPON
REMUNERATION FOR EMPLOYMENT) DUE FROM, OR PAYABLE BY, THE UNITED STATES
(INCLUDING ANY AGENCY OR INSTRUMENTALITY THEREOF AND ANY WHOLLY OWNED
FEDERAL CORPORATION) TO ANY INDIVIDUAL, INCLUDING MEMBERS OF THE ARMED
SERVICES, SHALL BE SUBJECT, IN LIKE MANNER AND TO THE SAME EXTENT AS IF
THE UNITED STATES WERE A PRIVATE PERSON, TO LEGAL PROCESS BROUGHT FOR
THE ENFORCEMENT, AGAINST SUCH INDIVIDUAL OF HIS LEGAL OBLIGATIONS TO
PROVIDE CHILD SUPPORT OR MAKE ALIMONY PAYMENTS.
"CIVIL ACTIONS TO ENFORCE CHILD SUPPORT OBLIGATIONS
//42 USC 660.//
"SEC. 460. THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE
JURISDICTION, WITHOUT REGARD TO ANY AMOUNT IN CONTROVERSY, TO HEAR AND
DETERMINE ANY CIVIL ACTION CERTIFIED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE UNDER SECTION 452(A)(8) OF THIS ACT. //ANTE, P.
2351.// A CIVIL ACTION UNDER THIS SECTION MAY BE BROUGHT IN ANY JUDICIAL
DISTRICT IN WHICH THE CLAIM AROSE, THE PLAINTIFF RESIDES, OR THE
DEFENDANT RESIDES."
COLLECTION OF CHILD SUPPORT OBLIGATIONS
(B)(1) SUBCHAPTER A OF CHAPTER 64 OF THE INTERNAL REVENUE CODE OF
1954 (RELATING TO COLLECTION OF TAXES) IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTION:
"SEC. 6305. COLLECTION OF CERTAIN LIABILITY. //26 USC 6305.//
"(A) IN GENERAL.--UPON RECEIVING A CERTIFICATION FROM THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE, UNDER SECTION 452(B)
OF THE SOCIAL SUCURITY ACT WITH RESPECT TO ANY INDIVIDUAL, THE
SECRETARY OR HIS DELEGATE SHALL ASSESS AND COLLECT THE AMOUNT
CERTIFIED BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, IN
THE SAME MANNER, WITH THE SAME POWERS, AND (EXCEPT AS PROVIDED IN
THIS SECTION) SUBJECT TO THE SAME LIMITATIONS AS IF SUCH AMOUNT
WERE A TAX IMPOSED BY SUBTITLE C THE COLLECTION OF WHICH WOULD BE
JEOPARDIZED BY DELAY, EXCEPT THAT--
"(1) NO INTEREST OR PENALTIES SHALL BE ASSESSED OR COLLECTED,
"(2) FOR SUCH PURPOSES, PARAGRAPHS (4), (6), AND (8) OF SECTION
6334(A) (RELATING TO PROPERTY EXEMPT FROM LEVY) SHALL NOT APPLY,
//26 USC 6334.//
"(3) THERE SHALL BE EXEMPT FROM LEVY SO MUCH OF THE SALARY,
WAGES, OR OTHER INCOME OF AN INDIVIDUAL AS IS BEING WITHHELD
THEREFROM IN GARNISHMENT PURSUANT TO A JUDGMENT ENTERED BY A COURT
OF COMPETENT JURISDICTION FOR THE SUPPORT OF HIS MINOR CHILDREN,
AND
"(4) IN THE CASE OF THE FIRST ASSESSMENT AGAINST AN INDIVIDUAL
FOR DELINQUENCY UNDER A COURT ORDER AGAINST SUCH INDIVIDUAL FOR A
PARTICULAR PERSON OR PERSONS, THE COLLECTION SHALL BE STAYED FOR A
PERIOD OF 60 DAYS IMMEDIATELY FOLLOWING NOTICE AND DEMAND AS
DESCRIBED IN SECTION 6303. //26 USC 6303.
"(B) REVIEW OF ASSESSMENTS AND COLLECTIONS.--NO COURT OF THE UNITED
STATES, WHETHER ESTABLISHED UNDER ARTICLE I OR ARTICLE III OF THE
CONSTITUTION, SHALL HAVE JURISDICTION OF ANY ACTION, WHETHER LEGAL OR
EQUITABLE, BROUGHT TO RESTRAIN OR REVIEW THE ASSESSMENT AND COLLECTION
OF AMOUNTS BY THE SECRETARY OR HIS DELEGATE UNDER SUBSECTION (A), NOR
SHALL ANY SUCH ASSESSMENT AND COLLECTION BE SUBJECT TO REVIEW BY THE
SECRETARY OR HIS DELEGATE IN ANY PROCEEDING. THIS SUBSECTION DOES NOT
PRECLUDE ANY LEGAL, EQUITABLE, OR ADMINISTRATIVE ACTION AGAINST THE
STATE BY AN INDIVIDUAL IN ANY STATE COURT OR BEFORE ANY STATE AGENCY TO
DETERMINE HIS LIABILITY FOR ANY AMOUNT ASSESSED AGAINST HIM AND
COLLECTED, OR TO RECOVER ANY SUCH AMOUNT COLLECTED FROM HIM, UNDER THIS
SECTION.". //USC PREC. TITLE 1.//
(2) THE TABLE OF SECTIONS FOR SUCH SUBCHAPTER IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW ITEM:
"SEC. 6305. COLLECTION OF CERTAIN LIABILITY.".
AMENDMENTS TO PART A OF TITLE IV
(C)(1) NOTWITHSTANDING THE PROVISIONS OF SECTION 402(A) OF THE SOCIAL
SUCURITY ACT, //42 USC 602 NOTE.// IN ADDITION TO THE AMOUNTS REQUIRED
TO BE DISREGARDED UNDER CLAUSE (8)(A) OF SUCH SECTION, THERE IS IMPOSED
THE REQUIREMENT (AND THE STATE PLAN SHALL BE DEEMED TO INCLUDE THE
REQUIREMENT) THAT FOR THE 15 MONTHS BEGINNING JULY 1, 1975, IN MAKING
THE DETERMINATION UNDER CLAUSE (7), THE STATE AGENCY SHALL WITH RESPECT
TO ANY MONTH IN SUCH YEAR AND IN ADDITION TO THE AMOUNTS REQUIRED TO BE
DISREGARDED UNDER CLAUSE (8)(A), DISREGARD AMOUNTS PAYABLE UNDER SECTION
457(A)(1).
(2) SECTION 402(A)(9) IS AMENDED TO READ AS FOLLOWS: //42 USC 602.//
"(9) PROVIDE SAFEGUARDS WHICH PERMIT THE USE OR DISCLOSURE OF
INFORMATION CONCERNING APPLICANTS OR RECIPIENTS ONLY TO (A) PUBLIC
OFFICIALS WHO REQUIRE SUCH INFORMATION IN CONNECTION WITH THEIR
OFFICIAL DUTIES, OR (B) OTHER PERSONS FOR PURPOSES DIRECTLY
CONNECTED WITH THE ADMINISTRATION OF AID TO FAMILIES WITH
DEPENDENT CHILDREN;"
(3) SECTION 402(A)(10) IS AMENDED BY INSERTING IMMEDIATELY BEFORE "BE
FURNISHED" THE FOLLOWING: ", SUBJECT TO PARAGRAPHS (25) AND (26) 8".
(4) SECTION 402(A)(11) IS AMENDED TO READ AS FOLLOWS:
"(11) PROVIDE FOR PROMPT NOTICE (INCLUDING THE TRANSMITTAL OF
ALL RELEVANT INFORMATION) TO THE STATE CHILD SUPPORT COLLECTION
AGENCY (ESTABLISHED PURSUANT TO PART D OF THIS TITLE) OF THE
FURNISHING OF AID TO FAMILIES WITH DEPENDENT CHILDREN WITH RESPECT
TO A CHILD WHO HAS BEEN DESERTED OR ABANDONED BY A PARENT
(INCLUDING A CHILD BORN OUT OF WEDLOCH WITHOUT REGARD TO WHETHER
THE PATERNITY OF SUCH CHILD HAS BEEN ESTABLISHED);".
(5) SECTION 402(A) IS FURTHER AMENDED--
(A) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (23);
(B) BY INSERTING IMMEDIATELY BEFORE THE FIRST WORD IN PARAGRAPH
(24) THE FOLLOWING: "PROVIDE THAT"; AND
(C) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (24) AND
INSERTING IN LIEU THEREOF A SEMICOLON AND THE FOLLOWING:
"(25) PROVIDE (A) THAT, AS A CONDITION OF ELIGIBILITY UNDER THE
PLAN, EACH APPLICANT FOR OR RECIPIENT OF AID SHALL FURNISH TO THE
STATE AGENCY HIS SOCIAL SECURITY ACCOUNT NUMBER (OR NUMBERS, IF HE
HAS MORE THAN ONE SUCH NUMBER), AND (B) THAT SUCH STATE AGENCY
SHALL UTILIZE SUCH ACCOUNT NUMBERS, IN ADDITION TO ANY OTHER MEANS
OF IDENTIFICATION IT MAY DETERMINE TO EMPLOY IN THE ADMINISTRATION
OF SUCH PLAN;
"(26) PROVIDE THAT, AS A CONDITION OF ELIGIBILITY FOR AID, EACH
APPLICANT OR RECIPIENT WILL BE REQUIRED--
"(A) TO ASSIGN THE STATE ANY RIGHTS TO SUPPORT FROM ANY OTHER
PERSON SUCH APPLICANT MAY HAVE (I) IN HIS OWN BEHALF OR IN BEHALF
OF ANY OTHER FAMILY MEMBER FOR WHOM THE APPLICANT IS APPLYING FOR
OR RECEIVING AID, AND (II) WHICH HAVE ACCRUED AT THE TIME SUCH
ASSIGNMENT IS EXECUTED,
"(B) TO COOPERATE WITH THE STATE (I) IN ESTABLISHING THE
PATERNITY OF A CHILD BORN OUT OF WEDLOCK WITH RESPECT TO WHOM AID
IS CLAIMED, AND (II) IN OBTAINING SUPPORT PAYMENTS FOR SUCH
APPLICANT AND FOR A CHILD WITH RESPECT TO WHOM SUCH AID IS
CLAIMED, OR IN OBTAINING ANY OTHER PAYMENTS OR PROPERTY DUE SUCH
APPLICANT OR SUCH CHILD AND THAT, IF THE RELATIVE WITH WHOM A
CHILD IS LIVING IS FOUND TO BE INELIGIBLE BECAUSE OF FAILURE TO
COMPLY WITH THE REQUIREMENTS OF SUBPARAGRAPHS (A) AND (B) OF THIS
PARAGRAPH, ANY AID FOR WHICH SUCH CHILD IS ELIGIBLE WILL BE
PROVIDED IN THE FORM OF PROTECTIVE PAYMENTS AS DESCRIBED IN
SECTION 406(B)(2) (WITHOUT REGARD TO SUBPARAGRAPHS (A) THROUGH (E)
OF SUCH SECTION); AND //42 USC 606.//
"(27) PROVIDE, THAT THE STATES HAVE IN EFFECT A PLAN APPROVED
UNDER PART D AND OPERATE A CHILD SUPPORT PROGRAM IN CONFORMITY
WITH SUCH PLAN.".
(6)(A) SECTION 403 OF THE SOCIAL SECURITY ACT IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION: //42 USC 603.//
"(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE AMOUNT
PAYABLE TO ANY STATE UNDER THIS PART FOR QUARTERS IN A FISCAL YEAR SHALL
WITH RESPECT TO QUARTERS BEGINNING AFTER DECEMBER 31, 1976, BE REDUCED
BY 5 PER CENTUM OF SUCH AMOUNT IF SUCH STATE IS FOUND BY THE SECRETARY
AS THE RESULT OF THE ANNUAL AUDIT TO HAVE FAILED TO HAVE AN EFFECTIVE
PROGRAM MEETING THE REQUIREMENTS OF SECTION 402(A)(27) //42 USC 602.//
IN ANY FISCAL YEAR BEGINNING AFTER SEPTEMBER 30, 1976 (BUT, IN THE CASE
OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, ONLY CONSIDERING THE
SECOND, THIRD, AND FOURTH QUARTERS THEREOF).".
(B) SECTION 404 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTIONS: //42 USC 604.//
"(C) NO STATE SHALL BE FOUND, PRIOR TO JANUARY 1, 1977, TO HAVE
FAILED SUBSTANTIALLY TO COMPLY WITH THE REQUIREMENTS OF SECTION 402(A)(
27) IF, IN THE JUDGMENT OF THE SECRETARY, SUCH STATE IS MAKING A GOOD
FAITH EFFORT TO IMPLEMENT THE PROGRAM REQUIRED BY SUCH SECTION.
"(D) AFTER DECEMBER 31, 1976, IN THE CASE OF ANY STATE WHICH IS FOUND
TO HAVE FAILED SUBSTANTIALLY TO COMPLY WITH THE REQUIREMENTS OF SECTION
402(A)(27), THE REDUCTION IN ANY AMOUNT PAYABLE TO SUCH STATE REQUIRED
TO BE IMPOSED UNDER SECTION 403(H) SHALL BE IMPOSED IN LIEU OF ANY
REDUCTION, WITH RESPECT TO SUCH FAILURE, WHICH WOULD OTHERWISE BE
REQUIRED TO BE IMPOSED UNDER THIS SECTION."
(7) SECTION 406 OF THE SOCIAL SECURITY ACT IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(F) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B), THE TERM 'AID
TO FAMILIES WITH DEPENDENT CHILDREN' DOES NOT MEAN PAYMENTS WITH RESPECT
TO A PARENT (OR OTHER INDIVIDUAL WHOSE NEEDS SUCH STATE DETERMINES
SHOULD BE CONSIDERED IN DETERMINING THE NEED OF THE CHILD OR RELATIVE
CLAIMING AID UNDER THE PLAN OF SUCH STATE APPROVED UNDER THIS PART) OF A
CHILD WHO FAILS TO COOPERATE WITH ANY AGENCY OR OFFICIAL OF THE STATE IN
OBTAINING SUCH SUPPORT PAYMENTS FOR SUCH CHILD. NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO MAKE AN OTHERWISE ELIGIBLE CHILD
INELIGIBLE FOR PROTECTIVE PAYMENTS BECAUSE OF THE FAILURE OF SUCH PARENT
(OR SUCH OTHER INDIVIDUAL) TO SO COOPERATE.".
(8) SECTION 402(A), (17), (18), (21), AND (22), AND SECTION 410 OF
SUCH ACT ARE REPEALED. //42 USC 602, 610.//
CONFORMING AMENDMENTS TO TITLE XI
(D) SECTION 1106 OF SUCH ACT IS AMENDED-- //42 USC 1306.//
(1) BY STRIKING OUT THE PERIOD AT THE END OF THE FIRST SENTENCE
OF SUBSECTION (A) AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"AND EXCEPT AS PROVIDED IN PART D OF TITLE IV OF THIS ACT.";
//ANTE, P. 2351.//
(2) BY ADDING AT THE END OF SUBSECTION (B) THE FOLLOWING NEW
SENTENCE: "NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS
SUBSECTION, REQUESTS FOR INFORMATION MADE PURSUANT TO THE
PROVISIONS OF PART D OF TITLE IV OF THIS ACT FOR THE PURPOSE OF
USING FEDERAL RECORDS FOR LOCATING PARENTS SHALL BE COMPLIED WITH
AND THE COST INCURRED IN PROVIDING SUCH INFORMATION SHALL BE PAID
FOR AS PROVIDED IN SUCH PART D OF TITLE IV."; AND
(3) BY STRIKING OUT SUBSECTION (C).
AUTHORIZATION OF APPROPRIATIONS
(E) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE SUCH SUMS AS MAY BE NECESSARY TO PLAN AND
PREPARE FOR THE IMPLEMENTATION OF THE PROGRAM ESTABLISHED BY THIS
SECTION. //42 USC 651 NOTE.//
EFFECTIVE DATE
(F) THE AMENDMENTS MADE BY THIS SECTION SHALL BECOME EFFECTIVE ON
JULY 1, 1975, EXCEPT THAT SECTION 459 OF THE SOCIAL SECURITY ACT, AS
ADDED BY SUBSECTION (A) //ANTE, P. 2357.// OF THIS SECTION SHALL BECOME
EFFECTIVE ON JANUARY 1, 1975, AND SUBSECTION (E) OF THIS SECTION SHALL
BECOME EFFECTIVE UPON THE DATE OF ENACTMENT OF THIS ACT. //42 USC
651.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1490 (COMM. ON WAYS AND MEANS) AND NO. 93 -
1643 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 1356 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
DEC. 9, CONSIDERED AND PASSED HOUSE.
DEC. 17, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 20, HOUSE AND SENATE AGREED ON CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 11, NO. 2:
JAN. 4, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-646, 88 STAT. 2333, EXPORT-IMPORT BANK AMENDMENTS OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE
SECTION 1. THIS ACT MAY BE CITED AS THE "EXPORT-IMPORT BANK
AMENDMENTS OF 1974". //12 USC 635 NOTE.//
CHARTER AMENDMENTS
SEC. 2. SECTION 2(A)(1) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS
AMENDED-- //12 USC 635.//
(1) BY INSERTING IN THE THIRD SENTENCE IMMEDIATELY AFTER "OTHER
EVIDENCES OF INDEBTEDNESS;" THE FOLLOWING: "TO GUARANTEE, INSURE,
COINSURE, AND REINSURE AGAINST POLITICAL AND CREDIT RISKS OF
LOSS;";
(2) BY INSERTING IN THE THIRD SENTENCE IMMEDIATELY AFTER
"COMPETENT JURISDICTION;" THE FOLLOWING: "TO REPRESENT ITSELF OR
TO CONTRACT FOR REPRESENTATION IN ALL LEGAL AND ARBITRAL
PROCEEDINGS OUTSIDE THE UNITED STATES;"; AND
(3) BY INSERTING AFTER THE FOURTH SENTENCE THE FOLLOWING NEW
SENTENCE: "THE BANK IS AUTHORIZED TO PUBLISH OR ARRANGE FOR THE
PUBLICATION OF ANY DOCUMENTS, REPORTS, CONTRACTS, OR OTHER
MATERIAL NECESSARY IN CONNECTION WITH OR IN FURTHERANCE OF ITS
OBJECTS AND PURPOSES WITHOUT REGARD TO THE PROVISIONS OF SECTION
501 OF TITLE 44, UNITED STATES CODE, WHENEVER THE BANK DETERMINES
THAT PUBLICATION IN ACCORDANCE WITH THE PROVISIONS OF SUCH SECTION
WOULD NOT BE PRACTICABLE.".
POLICY
SEC. 3.L SECTION 2(B)(1) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS
AMENDED TO READ AS FOLLOWS: //12 USC 635.//
(B)(1)(A) IT IS THE POLICY OF THE UNITED STATES TO FOSTER EXPANSION
OF EXPORTS OF GOODS AND RELATED SERVICES, THEREBY CONTRIBUTING TO THE
PROMOTION AND MAINTENANCE OF HIGH LEVELS OF EMPLOYMENT AND REAL INCOME
AND TO THE INCREASED DEVELOPMENT OF THE PRODUCTIVE RESOURCES OF THE
UNITED STATES. TO MEET THIS OBJECTIVE, THE EXPORT-IMPORT BANK IS
DIRECTED, IN THE EXERCISE OF ITS FUNCTIONS, TO PROVIDE GUARANTEES,
INSURANCE, AND EXTENSIONS OF CREDIT AT RATES AND ON TERMS AND OTHER
CONDITIONS WHICH ARE COMPETITIVE WITH THE GOVERNMENT-SUPPORTED RATES AND
TERMS AND OTHER CONDITIONS AVAILABLE FOR THE FINANCING OF EXPORTS FROM
THE PRINCIPAL COUNTRIES WHOSE EXPORTERS COMPETE WITH UNITED STATES
EXPORTERS. THE BANK SHALL, IN COOPERATION WITH THE EXPORT FINANCING
INSTRUMENTALITIES OF OTHER GOVERNMENTS, SEEK TO MINIMIZE COMPETITION IN
GOVERNMENT-SUPPORTED EXPORT FINANCING. THE BANK SHALL, ON A SEMIANNUAL
BASIS, REPORT TO THE APPROPRIATE COMMITTEES OF CONGRESS ITS ACTIONS IN
COMPLYING WITH THESE DIRECTIVES. IN THIS REPORT THE BANK SHALL INCLUDE
A SURVEY OF ALL OTHER MAJOR EXPORT-FINANCING FACILITIES AVAILABLE FROM
OTHER GOVERNMENTS AND GOVERNMENT-RELATED AGENCIES THROUGH WHICH FOREIGN
EXPORTERS COMPLETE WITH THE UNITED STATES EXPORTERS AND INDICATE IN
SPECIFIC TERMS THE WAYS IN WHICH THE BANK'S RATES, TERMS, AND OTHER
CONDITIONS COMPARE WITH THOSE OFFERED FROM SUCH OTHER GOVERNMENTS
DIRECTLY OR INDIRECTLY. FURTHER, THE BANK SHALL AT THE SAME TIME SURVEY
A REPRESENTATIVE NUMBER OF UNITED STATES EXPORTERS AND UNITED STATES
COMMERCIAL LENDING INSTITUTIONS WHICH PROVIDE EXPORT CREDIT TO DETERMINE
THEIR EXPERIENCE IN MEETING FINANCIAL COMPETITION FROM OTHER COUNTRIES
WHOSE EXPORTERS COMPETE WITH UNITED STATES EXPORTERS. THE RESULTS OF
THIS SURVEY SHALL BE INCLUDED AS PART OF THE SEMIANNUAL REPORT REQUIRED
BY THIS SUBPARAGRAPH. TH BANK SHALL ALSO INCLUDE IN THE SEMIANNUAL
REPORT A DESCRIPTION OF EACH LOAN BY THE BANK INVOLVING THE EXPORT OF
ANY PRODUCT OR SERVICE RELATED TO THE PRODUCTION, REFINING OR
TRANSPORTATION OF ANY TYPE OF ENERGY OR THE DEVELOPMENT OF ANY ENERGY
RESOURCE WITH A STATEMENT ASSESSING THE IMPACT, IF ANY, ON THE
AVAILABILITY OF SUCH PRODUCTS, SERVICES, OR ENERGY SUPPLIES THUS
DEVELOPED FOR USE WITHIN THE UNITED STATES.
"(B) IT IS FURTHER THE POLICY OF THE UNITED STATES THAT LOANS MADE BY
THE BANK SHALL BEAR INTEREST AT RATES DETERMINED BY THE BOARD OF
DIRECTORS OF THE BANK, TAKING INTO CONSIDERATION THE AVERAGE COST OF
MONEY TO THE BANK AS WELL AS THE BANK'S MANDATE TO SUPPORT UNITED STATES
EXPORTS AT RATES AND ON TERMS AND CONDITIONS WHICH ARE COMPETITIVE WITH
EXPORTS OF OTHER COUNTRIES; THAT THE BANK IN THE EXERCISE OF ITS
FUNCTIONS SHOULD SUPPLEMENT AND ENCOURAGE, AND NOT COMPETE WITH, PRIVATE
CAPITAL; THAT THE BANK SHALL ACCORD EQUAL OPPORTUNITY TO EXPORT AGENTS
AND MANAGERS, INDEPENDENT EXPORT FIRMS, AND SMALL COMMERCIAL BANKS IN
THE FORMULATION AND IMPLEMENTATION OF ITS PROGRAMS; THAT THE BANK SHALL
GIVE DUE RECOGNITION TO THE POLICY STATED IN SECTION 2(A) OF THE SMALL
BUSINESS ACT //15 USC 631.// THAT 'THE GOVERNMENT SHOULD AID, COUNSEL,
ASSIST, AND PROTECT, INSOFAR AS IS POSSIBLE, THE INTERESTS OF SMALL
BUSINESS CONCERNS IN ORDER TO PRESERVE FREE COMPETITIVE ENTERPRISE' AND
THAT IN FURTHERANCE OF THIS POLICY THE BOARD OF DIRECTORS SHALL
DESIGNATE AN OFFICER OF THE BANK WHO/ SHALL BE RESPONSIBLE TO THE
PRESIDENT OF THE BANK FOR ALL MATTERS CONCERNING OR AFFECTING SMALL
BUSINESS CONCERNS AND WHO, AMONG OTHER DUTIES, SHALL BE RESPONSIBLE FOR
ADVISING SMALL BUSINESSMEN OF THE OPPORTUNITIES FOR SMALL BUSINESS
CONCERNS IN THE FUNCTIONS OF THE BANK AND FOR MAINTAINING LIASON WITH
THE SMALL BUSINESS ADMINISTRATION AND OTHER DEPARTMENTS AND AGENCIES IN
MATTERS AFFECTING SMALL BUSINESS CONCERNS; THAT LOANS, FO FAR AS
POSSIBLE CONSISTENT WITH THE CARRYING OUT OF THE PURPOSES OF SUBSECTION
(A) OF THIS SECTION, SHALL GENERALLY BE FOR SPECIFIC PURPOSES, AND, IN
THE JUDGMENT OF THE BOARD OF DIRECTORS, OFFER REASONABLE ASSURANCE OF
REPAYMENT; AND THAT IN AUTHORIZING ANY LOAN OR GUARANTEE, THE BOARD OF
DIRECTORS SHALL TAKE INTO ACCOUNT ANY SERIOUS ADVERSE EFFECT OF SUCH
LOAN OR GUARANTEE ON THE COMPETITIVE POSITION OF UNITED STATES INDUSTRY,
THE AVAILABILITY OF MATERIALS WHICH ARE IN SHORT SUPPLY IN THE UNITED
STATES, AND EMPLOYMENT IN THE UNITED STATES.".
NATIONAL INTEREST DETERMINATIONS
SEC. 4. SECTION 2(B)(2) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS
AMENDED TO READ AS FOLLOWS: //12 USC 635.//
"(2) THE BANK IN THE ESERCISE OF ITS FUNCTIONS SHALL NOT GUARANTEE,
INSURE, OR EXTEND CREDIT, OR PARTICIPATE IN ANY EXTENSION OF CREDIT--
"(A) IN CONNECTION WITH THE PURSHCASE OR LEASE OF ANY PRODUCT
BY ANY OTHER FOREIGN COUNTRY, OR AGENCY OR NATIONAL THEREOF, IF
THE PRODUCT TO BE PURCHASED OR LEASED BY SUCH OTHER COUNTRY,
AGNECY, OR NATIONAL IS, TO THE KNOWLEDGE OF THE BANK, PRINCIPALLY
FOR USE IN, OR SALE OR LEASE TO, A COMMUNITST COUNTRY (AS SO
DEFINED),
UNLESS THE PRESIDENT DETERMINES THAT GUARANTEES, INSURANCE, OR
EXTENSIONS OF CREDIT IN CONNECTION THEREWITH TO SUCH COMMUNIST OR SUCH
OTHER COUNTRY OR AGENCY OR NATIONAL THEREOF WOULD BE IN THE NATIONAL
INTEREST. THE PRESIDENT SHALL MAKE A SEPARATE DETERMINATION WITH
RESPECT TO EACH TRANSACTION IN WHICH THE BANK WOULD EXTEND A LOAN TO
SUCH COMMUNIST OR OTHER SUCH OTHER COUNTRY, OR AGENCY, OR NATIONAL
THEREOF AN AMOUNT OF $50,000,000 OR MORE. ANY DETERMINATION REQUIRED
UNDER THE FIRST SENTENCE OF THIS PARAGRAPH SHALL BE REPORTED TO THE
CONGRESS NOT LATER THAN THE EARLIER OF THIRTY DAYS FOLLOWING THE DATE OF
SUCH DETERMINATION, OR THE DATE ON WHICH THE BANK TAKES FINAL ACTION ON
A TRANSACTION WHICH IS THE FIRST TRANSACTION INVOLVING SUCH COUNTRY OR
AGENCY OR NATIONAL AFTER THE DATE OF ENACTMENT OF THE EXPORT-IMPORT BANK
AMENDMENTS OF 1974, //ANTE, P. 23339// UNLESS A DETERMINATION WITH
RESPECT TO SUCH COUNTRY OR AGENCY OR NATIONAL HAS BEEN MADE AND REPORTED
PRIOR TO SUCH DATE OF ENACTMENT. ANY DETERMINATION REQUIRED TO BE MADE
UNDER THE SECOND SENTENCE OF THIS PARAGRAPH SHALL BE REPORTED TO THE
CONGRESS NOT LATER THAN THE EARLIER OF THIRTY DAYS FOLLOWING THE DATE OF
SUCH DETERMINATION OR THE DATE ON WHICH THE BANK TAKES FINAL ACTION ON
THE TRANSACTION INVOLVED."
CONGRESSIONAL NOTIFICATION
SEC. 5. SECTION 2(B) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS
AMENDED-- //12 USC 635.//
(1) BY REDESIGNATING PARAGRAPHS (3), (4), AND (5) AS PARAGRAPHS
(4), (5), AND (6) RESPECTIVELY; AND
(2) BY INSERTING AFTER PARAGRAPH (2) THE FOLLOWING NEW
PARAGRAPH:
"(3) NO LOAN OR FINANCIAL GUARANTEE OR CONMBINATION THEREOF IN
AN AMOUNT WHICH EQUAOLS OR EXCEEDS $60,000,000 SHALL BE FINALLY
APPROVED BY THE BOARD OF DIRECTORS OF THE BANK, AND NO LOAN OR
FINANCIAL GUARANTEE OR COMBINATION THEREOF WHICH EQUALS OR EXCEEDS
$25,000,000 FOR THE EXPORT OF GOODS OR SERVICES INVOLVING
RESEARCH, EXPLORATION, OR PRODUCTION OF FOSSIL FUEL ENERGY
RESOURCES IN THE UNION OF SOVIET SOCIALIST REPUBLICS SHALL BE
FINALLY APPROVED BY THE BOARD OF DIRECTORS OF THE BANK, UNLESS IN
EACH CASE THE BANK HAS SUBMITTED TO THE CONGRESS WITH RESPECT TO
SUCH LOAN, FINANCIAL GUARANTEE, OR COMBINATION THEREOF, A DETAILED
STATEMENT DESCRIBING AND EXPLAINING THE TRANSACTION, AT LEAST 25
DAYS OF CONTINUOUS SESSION OF THE CONGRESS PRIOR TO THE DATE OF
FINAL APPROVAL. FOR THE PURPOSE OF THE PRECEDING SENTENCE,
CONTINUITY OF A SESSION OF THE CONGRESS SHALL BE CONSIDERED AS
BROKEN ONLY BY AN ADJOURNMENT OF THE CONGRESS SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY CERTAIN SHALL BE EXCLUDED
IN THE COMPUTATION OF THE 25 DAY PERIOD REFERRED TO IN SUCH
SENTENCE. SUCH STATEMENT SHALL CONTAIN--
"(A) A BRIEF DESCRIPTION OF THE PURPOSES OF THE TRANSACTION,
THE IDENTITY OF THE PARTY OR PARTIES REQUESTING THE LOAN OR
FINANCIAL GUARANTEE, THE NATURE OF THE GOODS OR SERVICES TO BE
EXPORTED, AND THE USE FOR WHICH THE GOODS OR SERVICES ARE TO BE
EXPORTED; AND
"(B) A FULL EXPLANATION OF THE REASONS FOR BANK FINANCING OF
THE TRANSACTION, THE AMOUNT OF THE LOAN TO BE PROVIDED BY THE
BANK, THE APPROXIMATE RATE AND REPAYMENT TERMS AT WHICH SUCH LOAN
WILL BE MADE AVAILABLE AND THE APPROXIMATE AMOUNT OF THE FINANCIAL
GUARANTEE."
FRACTIONAL CHARGE OF GUARANTEES AND INSURANCE
SEC. 6. SECTION 2(C)(1) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS
AMENDED TO READ AS FOLLOWS: //12 USZC 635.//
"(C)(1) THE BANK IS AUTHORIZED AND EMPOWERED TO CHARGE AGAINST THE
LIMITATIONS IMPOSED BY SECTION 7 OF THIS ACT, //12 USC 635E.// NOT LESS
THAN 25 PER CENTUM OF THE RELATED CONTRACTUAL LIABILITY WHICH THE BANK
INCURS FOR GUARANTEES, INSURANCE, COINSURANCE, AND REINSURANCE AGAINST
POLITICAL AND CREDIT RISKS OF LOSS. THE AGGREGATE AMOUNT OF GUARANTEES,
INSURANCE, COINSURANCE, AND REINSURANCE WHICH MAY BE CHARGED ON THIS
FRACTIONAL BASIS PURSUANT TO THIS SECTION SHALL NOT EXCEED
$20,000,000,000 OUTSTANDING AT ANY ONE TIME. FEES AND PREMIUMS SHALL BE
CHARGED IN CONNECTION WITH SUCH CONTRACTS COMMENSURATE, IN THE JUDGMENT
OF THE BANK, WITH RISKS COVERED.".
INTEREST RATE ON OBLIGATIONS OF THE BANK
SEC. 7. //12 USC 635D.// SECTION 6 OF THE EXPORT-IMPORT BANK ACT OF
1945 IS AMENDED BY STRIKING THE THIRD SENTENCE AND INSERTING IN LIEU
THEREOF THE FOLLOWING NEW SENTENCE: "EACH SUCH BANK OBLIGATION ISSUED
TO THE TREASURY AFTER THE ENACTMENT OF THE EXPORT-IMPORT BANK AMENDMENTS
OF 1974 SHALL BEAR INTEREST AT A RATE NOT LESS THAN THE CURRENT AVERAGE
YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS OF THE UNITED STATES OF
COMPARABLE MATURITY DURING THE MONTH PRECEDING THE ISSUANCE OF THE
OBLIGATION OF THE BANK AS DETERMINED BY THE SECRETARY OF THE TREASURY.".
AUTHORITY
SEC. 8. //12 USC 635E.// SECTION 7 OF THE EXPORT-IMPORT BANK ACT OF
1945 IS AMENDED--
(1) BY INSERTING "(A)" AFTER "SEC. 7";
(2) BY STRIKING OUT $20,000,000,000" AND INSERTING IN LIEU
THEREOF "$25,000,000,000"; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING:
"(B) AFTER THE DATE OF ENACTMENT OF THE EXPORT-IMPORT BANK AMENDMENTS
OF 1974, THE BANK SHALL NOT APPROVE ANY LOANS OR FINANCIAL GUARANTEES,
OR COMBINATION THEREOF, IN CONNECTION WITH EXPORTS TO THE UNION OF
SOVIET SOCIALIST REPUBLICS IN AN AGGREGATE AMOUNT IN EXCESS OF
$300,000,000. NO SUCH LOAN OR FINANCIAL GUARANTEE, OR COMBINATION
THEREOF, SHALL BE FOR THE PURCHASE, LEASE, OR PROCUREMENT OF ANY PRODUCT
OR SERVICE FOR PRODUCTION (INCLUDING PROCESSING AND DISTRIBUTION) OF
FOSSIL FUEL ENERGY RESOURCES. NOT MORE THAN $40,000,000 OF SUCH
AGGREGATE AMOUNT SHALL BE FOR THE PURCHASE, LEASE, OR PROCUREMENT OF ANY
PRODUCT OR SERVICE WHICH INVOLVES RESEARCH OR EXPLORATION OF FOSSIL FUEL
ENERGY RESOURCES. THE PRESIDENT MAY ESTABLISH A LIMITATION IN EXCESS OF
$300,000,000 IF HE DETERMINES THAT SUCH HIGHER LIMITATION IS IN THE
NATIONAL INTEREST AND IF HE REPORTS SUCH DETERMINATION TO THE CONGRESS
TOGETHER WITH THE REASONS THERFOR, INCLUDING THE AMOUNT OF SUCH PROPOSED
INCREASE WHICH WOULD BE AVAILABLE FOR THE EXPORT OF PRODUCTS AND
SERVICES FOR RESEARCH, EXPLORATION, AND PRODUCTION (INCLUDING PROCESSING
AND DISTRIBUTION) OF FOSSIL FUEL ENERGY RESOURCES IN THE UNION OF SOVIET
SOCIALIST REPUBLICS, AND IF, AFTER THE RECEIPT OF SUCH REPORT TOGETHER
WITH THE REASONS, THE CONGRESS ADOPTS A CONCURRENT RESOLUTION APPROVING
SUCH DETERMINATION."
EXPIRATION
SEC. 9. //12 USC 635F.// SECTION 8 OF THE EXPORT-IMPORT BANK ACT OF
1945 IS AMENDED BY STRIKING OUT "NOVEMBER 30, 1974" AND INSERTING IN
LIEU THEREOF "JUNE 30, 1978".
REPORT
SEC. 10. //12 USC 635G.// SECTION 9 OF THE EXPORT-IMPORT BANK ACT OF
1945 IS AMENDED TO READ AS FOLLOWS:
"SEC. 9. (A) THE EXPORT-IMPORT BANK OF THE UNITED STATES SHALL
TRANSMIT TO THE CONGRESS ANNUALLY A COMPLETE AND DETAILED REPORT OF ITS
OPERATIONS. SUCH REPORT SHALL BE AS OF THE CLOSE OF BUSINESS ON THE
LAST DAY OF EACH FISCAL YEAR.
"(B) THE REPORT SHALL CONTAIN A DESCRIPTION OF ACTIONS TAKEN BY THE
BANK IN PURSUANCE OF THE POLICY OF AIDING, COUNSELING, ASSISTING, AND
PROTECTING, INSOFAR AS IS POSSIBLE, THE INTERESTS OF SMALL BUSINESS
CONCERNS."
CEILING ON BORROWING BY NATIONAL BANKS
SEC. 11. SECTION 5202 OF THE REVISED STATUTES, AS AMENDED (12 U.S.
C. 82), IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"TWELFTH. LIABILITIES INCURRED IN BORROWING FROM THE EXPORT-IMPORT
BANK OF THE UNITED STATES.".
RELATIONSHIP TO THE TRADE REFORM ACT
SEC. 12. UNTIL SUCH TIME AS THE TRADE REFORM ACT IS APPROVED BY THE
CONGRESS AND SIGNED INTO LAW BY THE PRESIDENT, NO LOAN, GUARANTEE,
INSURANCE, OR CREDIT SHALL BE EXTENDED BY THE EXPORT-IMPORT BANK OF THE
UNITED STATES TO THE UNION OF SOVIET SOCIALIST REPUBLICS. //12 USC 635
NOTE, ANTE, P. 1978.//
REPEAL OF SECTION 2(A) (2)
SEC. 13. EFFECTIVE AT THE CLOSE OF SEPTEMBER 30, 1976, SECTION 2(A)
(2) OF THE EXPORT-IMPORT BANK ACT OF 1945 IS REPEALED. //12 USC 635.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1261 (COMM. ON BANKING AND CURRENCY) AND
NOS. 93 - 1439, 93 - 1582, AND 93 - 1633 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 1097 ACCOMPANYING S. 3917 (COMM. ON
BANKING, HOUSING AND URBAN AFFAIRS) AND NO. 93 - 1335 (COMM. OF
CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 21, CONSIDERED AND PASSED HOUSE.
SEPT. 19, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
3917.
NOV. 20, HOUSE AGREED TO CONFERENCE REPORT.
NOV. 26, DEC. 2 - 4, 12 - 14, 16, CONFERENCE REPORTS CONSIDERED
IN SENATE.
DEC. 18, HOUSE AGREED TO FURTHER CONFERENCE REPORT.
DEC. 19, SENATE AGREED TO FURTHER CONFERENCE REPORT.
PUBLIC LAW 93-645, 88 STAT 2330
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT FOR THE PURPOSE OF
PRESERVING AND INTERPRETING FOR THE EDUCATIONAL AND INSIRATIONAL BENEFIT
OF PRESENT AND FUTURE GENERATIONS THE UNIQUE AND SIGNIFICANT
CONTRIBUTION TO OUR NATIONAL HERITAGE OF CERTAIN HISTORIC AND CULTURAL
LANDS, WATERWAYS, AND EDIFICES IN THE CIRY OF LOWELL, MASSACHUSETTS (THE
CRADLE OF THE INDUSTRIAL REVOLUTION IN AMERICA AS WELL AS AMERICA'S
FIRST PLANNED INDUSTRIAL CITY) WITH EMPHASIS ON HARNESSING THIS UNIQUE
URBAN ENVIRONMENT FOR ITS EDUCATIONAL VALUE AS WELL AS FOR RECREATION,
THERE IS HEREBY ESTABLISHED THE LOWELL HISTORIC CANAL DISTRICT
COMMISSION (HEREINAFTER REFERRED TO AS THE "COMMISSION"), THE PURPOSE OF
WHICH SHALL BE TO PREPARE A PLAN FOR THE PRESERVATION, INTERPRETATION,
DEVELOPMENT, AND USE, BY PUBLIC AND PRIVATE ENTITIES, OF THE HISTORIC,
CULTURAL AND ARCHITECTURAL RESOURCES OF THE LOWELL HISTORIC CANAL
DISTRICT IN THE CITY OF LOWELL, MASSACHUSETTS. //16 USC 461 NOTE.//
SEC. 2. (A) THE COMMISSION SHALL CONSIST OF NINE MEMBERS, AS
FOLLOWS: //16 USC 461 NOTE.//
(1) THE SECRETARY OF THE INTERIOR, THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, THE SECRETARY OF LTRANSPORTATION, AND THE
SECRETARY OF COMMERCE, ALL EX OFFICIO; AND
(2) FIVE MEMBERS APPOINTED BY THE SECRETARY OF THE INTERIOR,
ONE OF WHOM SHALL BE THE DIRECTOR OF THE NATIONAL PARK SERVICE,
TWO OF WHOM SHALL BE APPOINTED FROM RECOMMENDATIONS SUBMITTED BY
THE MANAGER OF THE CITY OF LOWELL, AND TWO OF WHOM SHALL BE
APPOINTED FROM RECOMMENDATIONS SUBMITTED BY THE GOVERNOR OF THE
COMMONWEALTH OF MASSACHUSETTS. THE MEMBERS APPOINTED PURSUANT TO
THIS PARAGRAPH SHALL HAVE KNOWLEDGE AND EXPERIENCE IN ON OR MORE
OF THE FIELDS OF HISTORY, ARCHITECTURE, THE ARTS, RECREATION
PLANNING, CITY PLANNING, OR GOVERNMENT.
(B) EACH MEMBER OF THE COMMISSION SPECIFIED IN PARAGRAPH (1) OF
SUBSECTION (A) AND THE DIRECTOR OF THE NATIONAL PARK SERVICE MAY
DESIGNATE AN ALTERNATE OFFICIAL TO SERVE IN HIS STEAD. MEMBERS
APPOINTED PURSUANT TO PARAGRAPH (2) OF SUBSECTION (A) WHO ARE OFFICERS
OR EMPLOYEES OF THE FEDERAL GOVERNMENT, THE CITY OF LOWELL, OR THE
COMMONWEALTH OF MASSACHUSETTS, SHALL SERVE WITHOUT COMPENSATION AS SUCH.
OTHER MEMBERS, WHEN ENGAGED IN ACTIVITIES OF THE COMMISSION, SHALL BE
ENTITLED TO COMPENSATION AT THE RATE OF NOT TO EXCEED $100 PER DIEM.
ALL MEMBERS OF THE COMMISSION SHALL RECEIVE REIMBURSEMENT FOR NECESSARY
TRAVEL AND SUBSISTENCE EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF
THE DUTIES OF THE COMMISSION.
SEC. 3. (A) THE COMMISSION SHALL ELECT A CHAIRMAN FROM AMONG ITS
MEMBERS. //16 USC 461 NOTE.// FINANCIAL AND ADMINISTRATIVE SERVICES
(INCLUDING THOSE RELATING TO BUDGETING, ACCOUNTING, FINANCIAL REPORTING,
PERSONNEL, AND PROCUREMENT) SHALL BE PROVIDED FOR THE COMMISSION BY THE
GENERAL SERVICES ADMINISTRATION, FOR WHICH PAYMENTS SHALL BE MADE IN
ADVANCE, OR BY REIMBURSEMENT, FROM FUNDS OF THE COMMISSION IN SUCH
AMOUNTS AS MAY BE AGREED UPON BY THE CHAIRMAN OF THE COMMISSION AND THE
ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION: PROVIDED, THAT THE
REGULATIONS OF THE DEPARTMENT OF THE INTERIOR FOR THE COLLECTION OF
INDEBTEDNESS OF PERSONNEL RESULTING FROM ERRONEOUS PAYMENTS MADE TO OR
ON BEHALF OF A COMMISSION EMPLOYEE, AND REGULATIONS OF SAID SECRETARY
FOR THE ADMINISTRATIVE CONTROL OF FUNDS SHALL APPLY TO APPROPRIATIONS OF
THE COMMISSION: AND PROVIDED FURTHER, THAT THE COMMISSION SHALL NOT BE
REQUIRED TO PRESCRIBE SUCH REGULATIONS.
(B) THE COMMISSION SHALL HAVE POWER TO APPOINT AND FIX THE
COMPENSATION OF SUCH ADDITIONAL PERSONNEL AS MAY BE NECESSARY TO CARRY
OUT ITS DUTIES, WITHOUT REGARD TO THE PROVISIONS OF THE CIVIL SERVICE
LAWS AND THE CLASSIFICATION ACT OF 1949. //63 STAT. 954.//
(C) THE COMMISSION MAY ALSO PROCURE, WITHOUT REGARD TO THE CIVIL
SERVICE LAWS AND THE CLASSIFICATION ACT OF 1949, TEMPORARY AND
INTERMITTENT SERVICES TO THE SAME EXTENT AS IS AUTHORIZED FOR THE
EXECUTIVE DEPARTMENTS BY SECTION 15 OF THE ADMINISTRATIVE EXPENSES ACT
OF 1946, BUT AT RATES NOT TO EXCEED $100 PER DIEM FOR INDIVIDUALS. //5
USC 3109B.//
(D) THE MEMBERS OF THE COMMISSION SPECIFIED IN PARAGRAPH (1) OF
SECTION 2(A) SHALL PROVIDE THE COMMISSION, ON A REIMBURSABLE BASIS, WITH
SUCH FACILITIES AND SERVICES UNDER THEIR JURISDICTION AND CONTROL AS MAY
BE NEEDED BY THE COMMISSION TO CARRY OUT ITS DUTIES, TO THE EXTENT THAT
SUCH FACILITIES AND SERVICES ARE REQUESTED BY THE COMMISSION AND ARE
OTHERWISE AVAILABLE FOR THAT PURPOSE. TO THE EXTENT OF AVAILABLE
APPROPRIATIONS, THE COMMISSION MAY OBTAIN, BY PURCHASE, RENTAL,
DONATION, OR OTHERWISE, SUCH ADDITIONAL PROPERTY, FACILITIES, AND
SERVICES AS MAY BE NEEDED TO CARRY OUT ITS DUTIES. UPON THE TERMINATION
OF THE COMMISSION ALL PROPERTY, PERSONAL AND REAL, AND UNEXPENDED FUNDS
SHALL BE TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR.
SEC. 4. IT SHALL BE THE DUTY OF THE COMMISSION TO PREPARE THE PLAN
REFERRED TO IN THE FIRST SECTION OF THIS ACT, AND TO SUBMIT THE PLAN
TOGETHER WITH ANY RECOMMENDATIONS FOR ADDITIONAL LEGISLATION, TO THE
CONGRESS NOT LATER THAN TWO YHEARS FROM THE EFFECTIVE DATE OF THIS ACT.
//16 USC 461 NOTE.// THE PLAN FOR THE LOWELL HISTORIC CANAL DISTRICT
SHALL INCLUDE CONSIDERATIONS AND RECOMMENDATIONS, WITHOUT LIMITATION,
REGARDING (1) THE OBJECTIVES TO BE ACHIEVED BY THE ESTABLISHMENT,
DEVELOPMENT, AND OPERATION OF THE AREA; (2) THE TYPES OF USE, BOTH
PUBLIC AND PRIVATE, TO BE ACCOMMODATED; (3) CRITERIA FOR THE DESIGN AND
APPEARANCE OF BUILDINGS, FACILITIES, OPEN SPACES, AND OTHER
IMPROVEMENTS; (4) A PROGRAM FOR THE STAGING OF DEVELOPMENT; (5) THE
ANTICIPATED INTERPRETIVE, CULTURAL, AND RECREATIONAL PROGRAMS AND USES
FOR THE AREA; (6) THE PROPOSED OWNERSHIP AND OPERATION OF ALL
STRUCTURES, FACILITIES, AND LANDS; (7) AREAS WHERE COOPERATIVE
AGREEMENTS MAY BE ANTICIPATED; (8) ESTIMATES OF COSTS, BOTH PUBLIC AND
PRIVATE, OF IMPLEMENTING THE PLAN; AND (9) PROCEDURES TO BE USED IN
INPLEMENTING AND INSURING CONTINUING CONFORMANCE TO THE PLAN.
SEC. 5. THE COMMISSION SHALL BE DISSOLVED (1) UPON THE TERMINATION,
AS DETERMINED BY ITS MEMBERS, OF NEED FOR ITS CONTINUED EXISTENCE FOR
THE IMPLEMENTATION OF THE PLAN AND THE OPERATION OR COORDINATION OF THE
ENTITY ESTABLISHED BY THE PLAN, OR (2) UPON EXPIRATION OF A TWO-YEAR
PERIOD COMMENCING ON THE EFFECTIVE DATE OF THIS ACT, WHEREUPON THE
COMPLETED PLAN HAS NOT BEEN SUBMITTED TO THE CONGRESS, WHICHEVER OCCURS
FIRST.
SEC. 6. IT IS CONTEMPLATED THAT THE PLAN TO BE DEVELOPED MAY PROPOSE
THAT THE COMMISSION MAY BE AUTHORIZED TO-- //16 USC 461 NOTE.//
(1) ACQUIRE LANDS AND INTERESTS THEREIN WITHIN THE LOWELL
HISTORIC CANAL DISTRICT BY PURCHASE, LEASE, DONATION, OR EXCHANGE;
(2) HOLD, MAINTAIN, USE, DEVELOP, OR OPERATE BUILDINGS,
FACILITIES, AND ANY OTHER PROPERTIES;
(3) SELL, LEASE, OR OTHERWISE DISPOSE OF REAL OR PERSONAL
PROPERTY AS NECESSARY TO CARRY OUT THE PLAN;
(4) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES, COOPERATIVE
AGREEMENTS, OR OTHER TRANSACTIONS WITH ANY AGENCY OR
INSTRUMENTALITY OF THE UNITED STATES, THE COMMONWEALTH OF
MASSACHUSETTS, AND ANYV GOVERNMENTAL UNIT WITHIN ITS BOUNDARIES,
OR ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION AS MAY BE
NECESSARY;
(5) ESTABLISH (THROUGH COVENANTS, REGULATIONS, AGREEMENTS, OR
OTHERWISE) SUCH RESTRICTIONS, STANDARDS, AND REQUIREMENTS AS ARE
NECESSARY TO ASSURE DEVELOPMENT, MAINTENANCE, USE, AND PROTECTION
OF THE LOWELL HISTORIC CANAL DISTRICT IN ACCORDANCE WITH THE PLAN;
AND
(6) BORROW MONEY FROM THE TREASURY OF THE UNITED STATES IN SUCH
AMOUNTS AS MAY BE AUTHORIZED IN APPROPRIATION ACTS ON THE BASIS OF
OBLIGATIONS ISSUED BY THE COMMISSION IN ACCORDANCE WITH TERMS AND
CONDITIONS APPROVED BY THE SECRETARY OF THE TREASURY. THE
SECRETARY OF THE TREASURY IS AUTHORIZED AND DIRECTED TO PURCHASE
ANY SUCH OBLIGATIONS OF THE COMMISSION.
SEC. 7. TITLE TO PROPERTY OF THE COMMISSION SHALL BE IN THE NAME OF
THE COMMISSION, BUT IT SHALL NOT BE SUBJECT TO ANY FEDERAL, STATE, OR
MUNICIPAL TAXES. //16 USC 461 NOTE.//
SEC. 8. THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$150,000 FOR THE PREPARATION OF THE PLAN AUTHORIZED BY THIS ACT. //16
USC 461 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1430 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (!974):
OCT. 7, CONSIDERED AND PASSED HOUSE.
DEC. 17, CONSIDERED AND PASSED SENATE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 11, N/. 2: JAN.
4, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-644, 88 STAT 2291, HEADSTART, ECONOMIC OPPORTUNITY, AND
COMMUNITY PARTNERSHIP ACT OF 1974
BE IN 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 "HEADSTART, ECONOMIC OPPORTUNITY, AND COMMUNITY PARTNERSHIP
ACT OF 1974".
STATEMENT OF PURPOSE
SEC. 2. IT IS THE PURPOSE OF THIS ACT TO EXTEND PROGRAMS UNDER THE
ECONOMIC OPPORTUNITY ACT OF 1964, INCLUDING HEADSTART, COMMUNITY ACTION,
AND COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS; AND TO PROVIDE FOR
INCREASED INVOLVEMENT OF STATE AND LOCAL GOVERNMENTS IN ANTI-POVERTY
EFFORTS BY AUTHORIZING A COMMUNITY PARTNERSHIP PROGRAM. //42 USC 2701
NOTE, 42 USC 2706 NOTE, 42 USC 2701 NOTE.//
SHORT TITLE AND DEFINITIONS
SEC. 3. THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED BY ADDING
AFTER SECTION 2 THE FOLLOWING NEW SECTIONS:
"SHORT TITLE
"SEC. 101. THIS TITLE AND TITLES II THROUGH IX OF THIS ACT MAY BE
CITED AS THE 'COMMUNITY SERVICES ACT OF 1974'.
"DEFINITIONS
"SEC. 102. AS USED IN THIS ACT-- //42 USC 2706.//
"(1) THE TERM 'STATE' MEANS A STATE, THE DISTRICT OF COLUMBIA
THE COMMONWEALTH OF PRERTO RICO, GUAM, AMERICAN SAMOA, THE VIRGIN
ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS;
"(2) THE TERM 'UNITED STATES' WHEN USED IN A GEOGRAPHICAL SENSE
INCLUDES ALL THOSE PLACES NAMED IN THE PREVIOUS SENTENCE AND ALL
OTHER PLACES CONTINENTAL OR INUSLAR, SUBJECT TO THE JURISDICTION
OF THE UNITED STATES;
"(3) THE TERM 'FINANCIAL ASSISTANCE' WHEN USED IN TITLE II,
PART B OF TITLE III, AND TITLE VIII INCLUDES ASSISTANCE ADVANCED
BY GRANT, AGREEMENT, OR CONTRACT, BUT DOES NOT INCLUDE THE
PROCUREMENT OF PLANT OR EQUIPMENT, OR GOODS OR SERVICES; //POST
P. 2292, 42 USC 2861, PLST, P. 2324.//
"(4) THE TERM 'SECRETARY' MEANS THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE;
"(5) THE TERM 'ADMINISTRATION' MEANS THE COMMUNITY SERVICES
ADMINISTRATION; AND
"(6) THE TERM 'DIRECTOR' MEANS THE DIRECTOR OF THE COMMUNITY
SERVICES ADMINISTRATION.".
RESEARCH AND DEMONSTRATION PROGRAMS
SEC. 4. TITLE I OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED TO READ AS FOLLOWS: //42 USC 2711.//
"STATEMENT OF PURPOSE
"SEC. 101. //42 USC 2711.// THE PURPOSE OF THE TITLE IS TO STIMULATE
A BETTER FOCUSING OF ALL AVAILABLE LOCA., STATE, PRIVATE, AND FEDERAL
RESOURCES UPON THE GOAL OF ENABLING LOW-INCOME FAMILIES, AND LOW-INCOME
INDIVIDUALS OF ALL AGES, INCLUDING PERSONS OF LIMITED ENGLISH-SPEAKING
ABILITY, IN RURAL AND URBAN AREAS TO ATTAIN THE SKILLS KNOWLEDGE, AND
MOTICATIONS AND SECURE THE OPPORTUNITIES NEEDED FOR THEM TO BECOME FULLY
SELF-SUFFICIENT.
"RESEARCH, DEMONSTRATION, AND PILOT PROJECTS
"SEC. 102. //42 USC 2712.// THE DIRECTOR MAY PROVIDE FINANCIAL
ASSISTANCE THROUGH GRANTS OR CONTRACTS FOR RESEARCH, DEMONSTRATION, OR
PILOT PROJECTS CONDUCTED BY PUBLIC OR PRIVATE AGENCIES WHICH ARE
DESIGNED TO TEST OR ASSIST IN THE DEVELOPMENT OF NEW APPROACHES OR
METHODS THAT WILL AID IN OVERCOMING SPECIAL PROBLEMS OR OTHERWISE
FURTHERING THE PURPOSES OF THIS TITLE.
"(B) THE DIRECTOR SHALL ESTABLISH AN OVERALL PLAN TO GOVERN THE
APPROVAL OF RESEARCH, DEMONSTRATION, AND PILOT PROJECTS AND THE USE OF
ALL RESEARCH AUTHORITY UNDER THIS TITLE. SUCH PLAN SHALL SET FORTH
SPECIFIC OBJECTIVES TO BE ACHIEVED AND PRIORITIES AMONG SUCH OBJECTIVES.
IN FORMULATING THE PLAN, THE DIRECTOR SHALL CONSULT WITH OTHER FEDERAL
AGENCIES FOR THE PURPOSE OF MINIMIZING DUPLICATION AMONG SIMILAR
ACTIVITEES OF PROJECTS AND DETERMINING WHETHER THE FINDINGS RESULTING
FROM ANY SUCH PROJECTS MAY BE INCORPORATED INTO ONE OR MORE PROGRAMS FOR
WHICH THOSE AGENCIES ARE RESPONSIBLE.
"(C) NO PROJECT SHALL BE COMMENCED UNDER THIS SECTION UNLESS A PLAN
SETTING FORTH SUCH PROPOSED PROJECT HAS BEEN SUBMITTED TO THE CHIEF
EXECUTIVE OFFICER OF THE STATE IN WHICH THE PROJECT IS TO BE LOCATED AND
SUCH PLAN HAS NOT BEEN DISAPPROVED BY HIM WITHIN THIRTY DAYS OF SUCH
SUBMISSION, OR, IF SO DISAPPROVED, HAS BEEN RECONSIDERED BY THE DIRECTOR
AND FOUND BY HIM TO BE FULLYT CONSISTENT WITH THE PROVISIONS AND IN
FURTHERANCE OF THE PURPOSES OF THIS TITLE.
"(D) IN MAKING GRANTS OR CONTRACTS UNDER THIS TITLE, THE DIRECTOR
SHALL GIVE DUE CONSIDERATION TO REQUESTS FOR FUNDS BY APPLICANTS
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE IN ANY FISCAL YEAR SHALL
BE MADE AVAILABLE FOR PROGRAMS OR PROJECTS RECEIVING FINANCIAL
ASSISTANCE UNDER SECTION 221 OR 235 OF THIS ACT. //42 USC 2808, POST P.
2296.//
"CONSULTATION
"SEC. 103. //42 USC 2713.// IN CARRYING OUT PROJECTS UNDER THIS
TITLE, THE DIRECTOR SHALL, WHENEVER FEASIBLE, ARRANGE TO OBTAIN THE
OPINIONS OF PROGRAM PARTICIPANTS ABOUT THE STRENGTHS AND WEAKNESSES OF
PROGRAMS.
"ANNOUNCEMENT OF RESEARCH, DEMONSTRATION, AND PILOT PROJECTS
"SEC. 104. //42 USC 2714.// (A) THE DIRECTOR SHALL MAKE A PUBLIC
ANNOUNCEMENT CONCERNING--
"(1) THE TITLE, PURPOSE, INTENDED COMPLETION DATE, IDENTITY OF
THE GRANTEE OR CONTRACTOR, AND PROPOSED COST OF ANY GRANT OR
CONTRACT WITH A PRIVATE OR NON-FEDERAL PUBLIC AGENCY OR
ORGANIZATION FOR ANY RESEARCH, DEMONSTRATION, OR PILOT PROJECT
UNDER THIS TITLE; AND
"(2) THE RESULTS, FINDINGS, DATA, OR RECOMMENDATIONS MADE OR
REPORTED AS A RESULT OF SUCH RESEARCH, DEMONSTRATION, OR PILOT
PROJECT.
"(B) THE PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (A) OF THIS
SECTION SHALL BE MADE WITHIN THIRTY DAYS OF MAKING ANY SUCH GRANT OR
CONTRACT, AND THE PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (B) OF
THIS SECTION SHALL BE MADE WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH
RESULTS, FINDINGS, DATA, OR RECOMMENDATIONS.
"(C) THE DIRECTOR SHALL TAKE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH FEDERAL FUNDS
EMPLOYED UNDER THIS TITLE SHALL BECOME THE PROPERTY OF THE UNITED
STATES.
"(D) THE DIRECTOR SHALL PUBLISH STUDIES OF THE RESULTS OF ACTIVITIES
CARRIED OUT PURSUANT TO THIS TITLE NOT LATER THAN NINETY DAYS AFTER THE
COMPLETION THEREOF. THE DIRECTOR SHALL SUBMIT TO THE APPROPRIATE
COMMITTEES OF THE CONGRESS COPIES OF ALL SUCH STUDIES.
"PROHIBITION OF FEDERAL CONTROL
"SEC. 105. //42 USC 2715.// NOTHING CONTAINED IN THIS TITLE SHALL BE
CONSTRUED TO AUTHORIZE ANY DEPARTMENT, AGENCY, OFFICER, OR EMPLOYEE OF
THE UNITED STATES TO EXERCISE ANY DIRECTION, SUPERVISION, OR CONTROL
OVER THE CURRICULUM, PROGRAM OF INSTRUCTION, ADMINISTRATION, OR
PERSONNEL OF ANY EDUCATIONAL INSTITUTION OR SCHOOL SYSTEM."
COMMUNITYS ACTION PROGRAMS
SEC. 5. //42 USC 2790.// (A) SECTION 210 OF THE ECONOMIC OPPORTUNITY
ACT OF 1964 IS AMENDED--
(1) IN SUBSECTION (A) THEREOF, BY INSERTING "OR AN INDIAN
TRIBAL GOVERNMENT," BEFORE THE WORD "WHICH" THE SECOND PLACE IT
APPEARS THEREIN; AND
(2) BY REPEALING SUBSECTION (F) THEREOF.
(B) SECTION 210 OF SUCH ACT IS FURTHER AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTION.
"(F) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS PART THE
DIRECTOR MAY DELEGATE FUNCTIONS OTHER THAN POLICYMAKING FUNCTIONS AND
THE FINAL APPROVAL OF GRANTS AND CONTRACTS TO A STATE, IN ACCORDANCE
WITH CRITERIA AND GUIDELINES ESTABLISHED BY HIM, SUCH FUNCTIONS AS HE
DEEMS APPROPRIATE, EXCEPT THAT NO SUCH DELEGATION SHALL TAKE PLACE
UNLESS ALL THE COMMUNITY ACTION AGENCIES WITHIN SUCH STATE FORMALLY
INDICATE THEIR APPROVAL OF SUCH PROPOSED DELEGATION, EXCEPT THAT
WHENEVER SUCH DELEGATED FUNCTIONS INCLUDE THE AUTHORITY TO APPROVE
PROGRAMS WITHIN EACH STATE THE DIRECTOR SHALL MAKE AVAILABLE TO THE
STATE, IN ADDITION TO AN AMOUNT NOT LESS THAN THE AMOUNT MADE AVAILABLE
TO SUCH STATE FOR STATE AGENCY ASSISTANCE UNDER SECTION 231 IN THE
PREVIOUS FISCAL YEAR, AN AMOUNT IN EACH FISCAL YEAR EQUAL TO SUCH
STATE'S SHARE (AS DETERMINED BY THE FORMULA SET FORTH IN THE SECOND
SENTENCE OF SECTION 235(A) //POST, P. 2296.// OF THE AGGREGATE AMOUNT
MADE AVAILABLE DURING THE FISCAL YEAR ENDING JUNE 30, 1974, FOR THE
OPERATION OF REGIONAL OFFICES OF THE OFFICE OF ECONOMIC OPPORTUNITY.",
//42 USC 2824.//
(C)(1) PARAGRAPH (1) OF SECTION 222(A) OF SUCH ACT IS REPEALED. //42
USC 2809.//
(2) PARAGRAPH (2) OF SECTION 222(A) OF SUCH ACT IS REPEALED.
(3) PARAGRAPH (6) OF SECTION 222(A) OF SUCH ACT IS REPEALED.
(4) PARAGRAPH (8) OF SECTION 222(A) OF SUCH ACT IS REPEALED.
(5) PARAGRAPH (9) OF SECTION 222(A) OS SUCH ACT IS REPEALED.
(D)(1) SECTION 222(A) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED BY INSERTING AFTER PARAGRAPH (11) THE FOLLOWING:
"(12) A PROGRAM TO BE KNOWN AS 'EMERGENCY ENERGY CONSERVATION
SERVICES' DESIGNED TO ENABLE LOW-INCOME INDIVIDUALS AND FAMILIES,
INCLUDING THE ELDERLY AND THE NEAR POOR, TO PARTICIPATE IN ENERGY
CONSERVATION PROGRAMS DESIGNED TO LESSEN THE IMPACT OF THE HIGH COST OF
ENERGY ON SUCH INDIVIDUALS AND FAMILIES AND TO REDUCE INDIVIDUAL AND
FAMILY ENERGY CONSUMPTION. THE DIRECTOR IS AUTHORIZED TO PROVIDE
FINANCIAL AND OTHER ASSISTANCE FOR PROGRAMS AND ACTIVITIES, INCLUDING,
BUT NOT LIMITED TO, AN ENERGY CONSERVATION AND EDUCATION PROGRAM;
WINTERIZATION OF OLD OR SUBSTANDARD DWELLINGS, IMPROVED SPACE
CONDITIONING, AND INSULATION; EMERGANCY LOANS, GRANTS, AND REVOLVING
FUNDS TO INSTALL ENERGY CONSERVATION TECHNOLOGIES AND TO DEAL WITH
INCREASED HOUSING EXPENSES RELATING TO THE ENERGY CRISIS; ALTERNATIVE
FUEL SUPPLIES, SPECIAL FUEL VOUCHER OR STAMP PROGRAMS; ALETENATIVE
TRANSPORTATION ACTIVITIES DESIGNED TO SAVE FUEL AND ASSURE CONTINUED
ACCESS TO TRAINING, EDUCATION, AND EMPLOYMENT; APPROPRIATE OUTREACH
EFFORTS; FURNISHING PERSONNEL TO ACT AS COORDINATORS, PROVIDING LEGAL
OR TECHNICAL ASSISTANCE, OR OTHERWISE REPRESENTING THE INTERESTS OF THE
POOR IN EFFORTS RELATING TO THE ENERGY CRISIS; NUTRITION, HEALTH, AND
OTHER SUPPORTIVE SERVICES IN EMERGENCY CASES; AND EVALUATION OF
PROGRAMS AND ACTIVITIES UNDER THIS PARAGRAPH. SUCH ASSISTANCE MAY BE
PROVIDED AS A SUPPLEMENT TO ANY OTHER ASSISTANCE EXTENDED UNDER THE
PROVISIONS OF THIS ACT OR UNDER . OTHER PROVISIONS OF FEDERAL LAW. THE
DIRECTOR, AFTER CONSULTATION WITH THE ADMINISTRATOR OF THE FEDERAL
ENERGY OFFICE AND APPROPRIATE FEDERAL DEPARTMENTS AND AGENCIES SHALL
ESTABLISH PROCEDURES AND TAKE OTHER APPROPRIATE ACTION NECESSARY TO
INSURE THAT THE EFFECTS OF THE ENERGY CRISIS ON LOW-INCOME PERSONS, THE
ELDERLY, AND THE NEAR POOR ARE TAKEN INTO ACCOUNT IN THE FORMULATION AND
ADMINISTRATION OF PROGRAMS RELATING TO THE ENERGY CRISIS.
"(13) A PROGRAM TO BE KNOWN AS 'SUMMER YOUTH RECREATION' DESIGNED TO
PROVIDE RECREATIONAL OPPORTUNITIES FOR LOW-INCOME CHILDREN DURING THE
SUMMER MONTHS. FUNDS MADE AVAILABLE FOR THIS SECTION SHALL BE ALLOCATED
BY THE DIRECTOR, AFTER CONSULTATION WITH THE SECRETARY OF LABOR, AMONG
PRIME SPONSORS AND OTHER AGENCIES DESIGNATED UNDER TITLE I OF THE
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 ON THE BASIS OF //29
USC 811.// (1) THE RELATIVE NUMBER OF PUBLIC ASSISTANCE RECIPIENTS IN
THE AREA SERVED BY SUCH PRIME SPONSOR OR AGENCY, AS COMPARED TO THE
NATION; (2) THE RELATIVE NUMBER OF UNEMPLOYED PERSONS IN SUCH AREA AS
COMPARED WITH THE NATION; AND (3) THE RELATIVE NUMBER OF RELATED
CHILDREN LIVING WITH FAMILIES WITH INCOMES BELOW THE POVERTY LINE IN
SUCH AREA, AS COMPARED TO THE NATION. THAT PART OF ANY ALLOTMENT WHICH
THE DIRECTOR DETERMINES WILL NOT BE NEEDED MAY BE REAL-LOTTED, AT SUCH
DATES DURING THE FISCAL YEAR AS THE DIRECTOR MAY FIX, TO THE EXTENT
FEASIBLE, IN PROPORTION TO THE ORIGINAL ALLOTMENTS. IN MAKING
ALLOCATIONS UNDER THIS SECTION, THE DIRECTOR SHALL INSURE, TO THE
MAXIMUM EXTENT POSSIBLE, THAT FOR THE PROGRAM COMMENCING IN THE FISCAL
YEAR ENDING JUNE 30, 1975, AND FOR THE PROGRAM IN EACH SUCCEEDING FISCAL
YEAR NO PRIME SPONSOR OR OTHER DESIGNATED AGENCY SHALL RECEIVE AN AMOUNT
LESS THAN THE AMOUNT RECEIVED FOR SUCH PROGRAMS DURING THE FISCAL YEAR
ENDING JUNE 30, 1973, OR THE FISCAL YEAR ENDING JUNE 30, 1974, WHICHEVER
IS HIGHER.
(2) SECTION 226(D) AND SECTION 228(C) ARE EACH AMENDED BY STRIKING
OUT "SHALL MAKE WHATEVER ARRANGEMENTS ARE NECESSARY" AND INSERTING IN
LIEU THEREOF "IS AUTHORIZED TO MAKE WHATEVER ARRANGEMENTS ARE
NECESSARY". //42 USC 2813, 2815.//
(E)(1) SECTION 225(A) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED BY STRIKING OUT THE THIRD SENTENCE THEREOF AND INSERTING IN LIEU
THEREOF THE FOLLOWING: //42 USC 2812.// "THE REMAINDER SHALL BE
ALLOTTED AMONG THE STATES, IN ACCORDANCE WITH THE LATEST AVAILABLE DATA,
SO THAT EQUAL PROPORTIONS ARE DISTRIBUTED ON THE BASIS OF (1) THE
RELATIVE NUMBER OF PUBLIC ASSISTANCE RECIPIENTS IN EACH STATE AS
COMPARED TO ALL STATES, (2) THE RELATIVE NUMBER OF UNEMPLOYED PERSONS IN
EACH STATE AS COMPARED TO ALL STATES, AND (3) THE RELATIVE NUMBER OF
RELATED CHILDREN LIVING WITH FAMILIES WITH INCOMES BELOW THE POVERTY
LINE IN EACH STATE AS COMPARED TO ALL STATES. FOR PURPOSES OF THIS
SUBSECTION, THE DIRECTOR SHALL UTILIZE THE CRITERIA OF POVERTY USED BY
THE BUREAU OF THE CENSUS IN COMPILING THE 1970 DECENNIAL CENSUS. THE
DIRECTOR SHALL INSURE THAT FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
FOR EACH SUCCEEDING FISCAL YEAR, NO STATE SHALL BE ALLOTTED FOR PROGRAMS
UNDER SECTION 221 AND SECTION 222(A) AN AMOUNT WHICH IS LESS THAN THE
AMOUNT RECEIVED FOR USE WITHIN SUCH STATE FOR PROGRAMS DESCRIBED IN SUCH
SECTIONS DURING THE FISCAL YEAR ENDING JUNE 30, 1974.". //42 USC 2808,
42 USC 2809.//
(2) SECTION 225(C) OF SUCH ACT IS AMENDED BY STRIKING OUT "SHALL NOT
EXCEED 90 PER CENTUM OF THE APPROVED COST OF THE ASSISTED PROGRAMS OR
ACTIVITIES AND THEREAFTER SHALL NOT EXCEED 80 PER CENTUM OF SUCH COSTS"
AND INSERTING IN LIEU THEREOF THE FOLLOWING: "SHALL NOT EXPEED 80 PER
CENTUM OF THE APPROVED COST OF THE ASSISTED PROGRAMS OR ACTIVITIES WITH
RESPECT TO FISCAL YEAR 1975, AND 70 PER CENTUM OF SUCH COSTS WITH
RESPECT TO FISCAL YEAR 1976, AND SHALL NOT EXCEED 60 PER CENTUM OF SUCH
COSTS WITH RESPECT TO FISCAL YEAR 1977, EXCEPT THAT IN THE CASE OF
COMMUNITY ACTION AGENCIES RECEIVING SUCH FINANCIAL ASSISTANCE ANNUALLY
OF $300,000 OR LESS, SUCH FINANCIAL ASSISTANCE SHALL NOT EXCEED 75 PER
CENTUM OF SUCH COSTS WITH RESPECT TO FISCAL YEAR 1976, AND SHALL NOT
EXCEED 70 PER CENTUM OF SUCH COSTS WITH RESPECT TO FISCAL YEAR 1977".
//42 USC 2812.//
(F) THE ECONOMIC OPPORTUNITY ACT OF 1964 IS FURTHER AMENDED BY
INSERTING AFTER SECTION 234 THEREOF THE FOLLOWING NEW SECTIONS:
"DEMONSTRATION COMMUNITY PARTNERSHIP AGREEMENTS
"SEC. 235. //42 USC 2828.// (A) THE DIRECTOR MAY PROVIDE FINANCIAL
ASSISTANCE FROM FUNDS APPROPRIATED TO CARRY OUT THIS SECTION TO
COMMUNITY ACTION AGENCIES OR PUBLIC OR PRIVATE NONPROFIT AGENCIES
DESIGNATED UNDER SECTION 210 FOR PROGRAMS AUTHORIZED UNDER THIS TITLE,
AND TO STATE ECONOMIC OPPORTUNITY OFFICES FOR PROGRAMS AND ACTIVITIES
AUTHORIZED UNDER SECTION 231(A). //42 USC 2790.// FINANCIAL ASISTANCE
EXTENDED TO A COMMUNITY ACTION AGENCY OR OTHER AGENCY PURSUANT TO THIS
SECTION MAY BE USED FOR NEW PROGRAMS OR TO SUPPLEMENT EXISTING PROGRAMS
AND SHALL NOT EXCEED 50 PER CENTUM OF THE COST OF SUCH NEW OR
SUPPLEMENTAL PROGRAMS. //42 USC 2824.//
"(B) MATCHING LOCAL AND STATE FUNDS SUPPLIED UNDER THIS SECTION SHALL
BE IN CASH AND SHALL REPRESENT STATE AND LOCAL INITIATIVES NEWLY
OBLIGATED WITHIN THE PREVIOUS YEAR TO THE PURPOSES OF THE
GRANT-SUPPORTED ACTIVITY; AND NO PROGRAM SHALL BE APPROVED FOR
ASSISTANCE UNDER THIS SECTION UNLESS THE DIRECTOR SATISFIES HIMSELF (1)
THAT THE ACTIVITIES TO BE CARRIED OUT UNDER SUCH PROGRAM WILL BE IN
ADDITION TO, AND NOT IN SUBSTITUTION FOR, ACTIVITIES PREVIOUSLY CARRIED
ON WITHOUT FEDERAL ASSISTANCE, (2) THAT FUNDS OR OTHER RESOURCES DEVOTED
TO PROGRAMS DESIGNED TO MEET THE NEEDS OF THE POOR WITHIN THE COMMUNITY,
AREA, OR STATE WILL NOT BE DIMINISHED IN ORDER TO PROVIDE THE
CONTRIBUTIONS REQUIRED UNDER THIS SECTION. THE REQUIREMENT IMPOSED BY
THE PRECEDING SENTENCE SHALL BE SUBJECT TO SUCH REGULATIONS AS THE
SECRETARY MAY ADOPT AND PROMULGATE ESTABLISHING OBJECTIVE CRITERIA FOR
DETERMINATIONS COVERING SITUATIONS WHERE A STRICT APPLICATION OF THAT
REQUIREMENT WOULD RESULT IN UNNECESSARY HARDSHIP OR OTHERWISE BE
INCONSISTENT WITH THE PURPOSES SOUGHT TO BA ACHIEVED.
"(C) THE PROVISIONS OF SECTION 242 OF THIS ACT SHALL NOT APPLY TO
ASSISTANCE PROVIDED UNDER THIS SECTION. //42 USC 2834.//
"INTERGOVERNMENTAL ADVISORY COUNCIL ON COMMUNITY SERVICES
"SEC. 236. //42 USC 2829.// (A) THERE SHALL BE ESTABLISHED WITHIN
THE OFFICE OF ECONOMIC OPPORTUNITY OR SUCCESSOR AUTHORITY AN
INTERGOVERNMENTAL ADVISORY COUNCIL ON COMMUNITY SERVICES (REFERRED TO IN
THIS SECTION AS THE 'COUNCIL').
"(B) THE COUNCIL SHALL BE COMPOSED OF NINE MEMBERS WHO SHALL BE
APPOINTED BY THE PRESIDENT AS FOLLOWS:
"(I) THREE MEMBERS SHALL BE APPOINTED FROM AMONG
REPRESENTATIVES OF STATES AND COUNTY AND MUNICIPAL GOVERERNMENTS
OR ORGANIZATIONS WHICH REPRESENT SUCH GOVERNMENTAL UNITS, SELECTED
ON AN EQUITABLE POLITICAL AND GEOGRAPHIC BASIS AFTER CONSIDERING
RECOMMENDATIONS MADE BY THE NATIONAL GOVERNORS' CONFERENCE, THE
NOTIONAL LEAGUE OF CITIES-UNITED STATES CONFERENCE OF MAYORS, THE
NATIONAL ASSOCIATION OF COUNTIES AND SIMILAR ORGANIZATIONS
REPRESENTATIVE OF STATE AND LOCAL GOVERNMENT.
"(II) THREE MEMBERS SHALL BE APPOINTED FROM AMONG
REPRESENTATIVES OF COMMUNITY ACTION AGENCIES AND OTHER GRANTEES
UNDER THIS ACT OR ORGANIZATIONS WHICH REPRESENT SUCH AGENCIES AND
GRANTEES, SELECTED ON AN EQUITABLE POLITICAL AND GEOGRAPHIC BASIS
AFTER CONSIDERING RECOMMENDATIONS PREVIOUSLY MADE BY THE DIRECTOR
OF THE OFFICE OF ECONOMIC OPPORTUNITY.
"(III) THREE MEMBERS SHALL BE APPOINTED FROM AMONG
REPRESENTATIVES OF LABOR, MANAGEMENT, AND OTHER SECTORS WHICH HAVE
DEMONSTRATED ACTIVE INTEREST IN COMMUNITY ACTION AND ANTIPOVERTY
PROGRAMS.
"(C) THE COUNCIL SHALL--,
"(1) ENCOURAGE THE FORMATION OF COMMUNITY PARTNERSHIP
AGREEMENTS;
"(2) REVIEW THE SUBSTANCE OF SUCH AGREEMENTS AND ANY
REGULATIONS, GUIDELINES, OR OTHER PROGRAM CRITERIA WITH RESPECT
THERETO AND ADVISE THE DIRECTOR THEREON PRIOR TO FINAL APPROVAL
THEREOF;
"(3) EVALUATE THE EFFECTIVENESS OF SUCH AGREEMENTS IN MEETING
THE PURPOSES OF THIS ACT;
"(4) CONDUCT A CONTINUING SURVEY THROUGHOUT THE NATION ON THE
EXTENT TO WHICH, AND TERMS UNDER WHICH, PUBLIC AND PRIVATE
RESOURCES HAVE BEEN AND MAY BE AVAILABLE FOR ANTIPOVERTY EFFORTS;
"(5) IDENTIFY AND ENCOURAGE MEANS OF INCREASING RESOURCES
AVAILABLE FOR SUCH ACTIVITIES; AND
"(6) SUBMIT ANNUAL REPORTS TO THE PRESIDENT AND TO THE CONGRESS
ON OR BEFORE MARCH 1, 1976, AND MARCH 1, 1977, WITH RESPECT TO ITS
ACTIVITIES AND FINDINGS, TOGETHER WITH SUCH RECOMMENDATIONS FOR
LEGISLATION AS IT MAY DEEM APPROPRIATE.
"(D) THE DIRECTOR SHALL PROVIDE THE COUNCIL WITH SUCH INFORMATION AS
SHALL BE NECESSARY FOR THE COUNCIL TO DISCHARGE ITS FUNCTIONS UNDER THIS
SECTION AND SHALL FURNISH THE COUNCIL WITH COPIES OF ALL GRANT
APPLICATIONS WITHIN TEN DAYS OF RECEIPT THEREOF.
"FUNDS AVAILABLE
"SEC. 237. //42 USC 2830.// THERE IS ALSO AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $50,000,000 TO CARRY OUT SECTION 235 DURING
THE FISCAL YEAR 1975, AND SUCH SUMS AS MAY BE NECESSARY DURING EACH OF
THE TWO SUCCEEDING FISCAL YEARS, EXCEPT THAT IN NO EVENT MAY MORE THAN
12 1/2 PER CENTUM OF SUCH ADDITIONAL AMOUNTS BE USED IN ANY ONE STATE."
//ANTE, P. 2296.//
ASSISTANCE FOR MAGRANT AND OTHER SEASONALLY EMPLOYED
FARMWORKERS AND THEIR FAMILIES
SEC. 6. (A) SECTION 312(B)(3) OF THE ECONOMIC OPPORTUNITY ACT OF
1964 IS AMENDED BY STRIKING OUT "AND TRAINING" AND INSERTING IN LIEU
THEREOF "AND DEVELOPMENTAL PROGRAMS". //42 USC 2862.//
(B) THE ECONOMIC OPPORTUNTIY ACT OF 1964 IS FURTHER AMENDED BY
INSERTING AFTER SECTION 314 THEREOF THE FOLLOWING NEW SECTION:
"SPECIAL RESPONSIBILITIES
"SEC. 315. //42 USC 2865.// THE DIRECTOR SHALL BE RESPONSIBLE FOR
COORDINATING PROGRAMS UNDER THIS PART WITH OTHER FEDERAL PROGRAMS
DESIGNED TO ASSIST OR SERVE MIGRANT AND SEASONAL FARMWORKERS, AND FOR
REVIEWING AND MONITORING SUCH PROGRAMS."
(C) IN PROVIDING FINANCIAL ASSISTANCE UNDER THE PROVISIONS OF PART B
OF TITLE III OF THE ECONOMIC OPPORTUNITY ACT OF 1964, THE DIRECTOR SHALL
GIVE SPECIAL CONSIDERATION TO ANY PUBLIC OR PRIVATE NONPROFIT AGENCY
WHICH HAS PREVIOUSLY RECEIVED FINANCIAL ASSISTANCE THEREUNDER FOR THE
PROVISION OF SERVICES FOR MAGRANT AND OTHER SEASONALLY EMPLOYED
FARMWORKERS AND THEIR FAMILIES, TAKING INTO ACCOUNT FINANCIAL ASSISTANCE
PROVIDED TO ANY SUCH AGENCY UNDER SECTION 303 OF THE COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT OF 1973. //42 USC 2861, 29 USC 873.//
COMPREHENSIVE HEALTH SERVICES
SEC. 7. TITLE IV OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED
TO READ AS FOLLOWS:
"COMPREHENSIVE HEALTH SERVICES
"SEC. 401. //42 USC 2901.// (A) THE SECRETARY SHALL ESTABLISH WITHIN
THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE A 'COMPREHENSIVE HEALTH
SERVICES PROGRAM WHITH SHALL INCLUDE--
"(1) PROGRAMS TO AID IN DEVELOPING AND CARRYING OUT
COMPREHENSIVE HEALTH SERVICES PROJECTS FOCUSED UPON THE NEEDS OF
URBAN AND RURAL AREAS HAVING HIGH CONCENTRATIONS OR PROPORTIONS OF
POVERTY AND MARKED INADEQUACY OF HEALTH SERVICES FOR THE POOR.
THESE PROJECTS SHALL BE DESIGNED--
"(A) TO MAKE POSSIBLE, WITH MAXIMUM FEASIBLE USE OF EXISTING
AGENCIES AND RESOURCES, THE PROVISION OF COMPREHENSIVE HEALTH
SERVICES, SUCH AS PREVENTIVE MEDICAL, DIAGNOSTIC, TREATMENT,
REHABILITATION, FAMILY PLANNING, NARCOTIC ADDICTION AND ALCOHOLISM
PREVENTION AND REHABILITATION, MENTAL HEALTH, DENTAL, AND FOLLOWUP
SERVICES, TOGETHER WITH NECESSARY RELATED FACILITIES AND SERVICES,
EXCEPT IN RURAL AREAS WHERE THE LACK OF EVEN ELEMANTAL HEALTH
SERVICES AND PERSONNEL MAY REQUIRE SIMPLER, LESS COMPREHENSIVE
SERVICES TO BE ESTABLISHED FIRST; AND
"(B) TO ASSURE THAT THESE SERVICES ARE MADE READILY ACCESSIBLE
TO LOW-INCOME RESIDENTS OF SUCH AREAS, ARE FURNISHED IN A MANNER
MOST RESPONSIVE TO THEIR NEEDS AND WITH THEIR PARTICIPATION AND
WHEREVER POSSIBLE ARE COMBINED WITH, OR INCLUDED WITHIN,
ARRANGEMENTS FOR PROVIDING EMPLOYMENT, EDUCATION, SOCIAL, OR OTHER
ASSISTANCE NEEDED BY THE FAMILIES AND INDIVIDUALS SERVED EXCEPT
THAT PURSUANT TO SUCH REGULATIONS AS THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE MAY PRESCRIBE, PERSONS PROVIDED ASSISTANCE
THROUGH PROGRAMS ASSISTED UNDER THIS PARAGRAPH WHO ARE NOT MEMBERS
OF LOW-INCOME FAMILIES MAY BE REQUIRED TO MAKE PAYMENT, OR HAVE
PAYMENT MADE IN THEIR BEHALF, IN WHOLE OR IN PART FOR SUCH
ASSISTANCE; AND
"(2) PROGRAMS TO PROVIDE FINANCIAL ASSISTANCE TO PUBLIC OR
PRIVATE AGENCIES TO PROJECTS DESIGNED TO DEVELOP KNOWLEDGE OR
ENHANCE SKILLS IN THE FIELD OF HEALTH SERVICES FOR THE POOR. SUCH
PROJECTS SHALL ENCOURAGE BOTH PROSPECTIVE AND PRACTICING HEALTH
PROFESSIONALS TO DIRECT THEIR TALENTS AND ENERGIES TOWARD
PROVIDING HEALTH SERVICES FOR THE POOR.
FUNDS FOR FINANCIAL ASSISTANCE UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE ALLOTTED ACCORDING TO NEED, AND CAPACITYOF APPLICANTS TO MAKE
RAPID AND EFFECTIVE USE OF THAT ASSISTANCE, AND MAY BE USED AS
NECESSARY, TO PAY THE FULL COSTS OF PROJECTS. BEFORE APPROVING ANY
PROJECT, THE SECRETARY SHALL SOLICIT AND CONSIDER THE COMMENTS AND
RECOMMENDATIONS OF THE LOCAL MEDICAL ASSOCIATIONS IN THE AREA AND SHALL
CONSULT WITH APPROPRIATE FEDERAL, STATE, AND LOCAL HEALTH AGENCIES AND
TAKE SUCH STEPS AS MAY BE REQUIRED TO ASSURE THAT THE PROGRAM WILL BE
CARRIED ON UNDER COMPETENT PROFESSIONAL SUPERVISION AND THAT EXISTING
AGENCIES PROVIDING RELATED SERVICES ARE FURNISHED ALL ASSISTANCE NEEDED
TO PERMIT THEM TO PLAN FOR PARTICIPATION IN THE PROGRAM AND FOR THE
NECESSARY CONTINUATION OF THOSE RELATED SERVICES. IN CARRYING OUT THE
PROVISIONS OF PARAGRAPH 2 OF THIS SUBSECTION, THE SECRETARY IS
AUTHORIZED TO PROVIDE OR ARRANGE FOR TRAINING AND STUDY IN THE FIELD OF
HEALTH SERVICES FOR THE POOR.
"(C) PURSUANT TO REGULATIONS PRESCRIBED BY HIM, THE SECRETARY MAY
ARRANGE FOR THE PAYMENT OF STIPENDS AND ALLOWANCES (INCLUDING TRAVEL AND
SUBSISTENCE EXPENSES) FOR PERSONS UNDERGOING SUCH TRAINING AND STUDY AND
FOR THEIR DEPENDENTS.
"(D) THE SECRETARY SHALL ACHIEVE EFFECTIVE COORDINATION OF PROGRAMS
AND PROJECTS AUTHORIZED UNDER THIS SECTION WITH OTHER RELATED
ACTIVITIES.
"DRUG REHABILITAION AND ALCOHOLIC COUNSELING PROGRAMS
"SEC. 402. //42 USC 2902.// IN ADDITION TO THE AUTHORITY CONFERRED
UNDER SECTION 401 OF THIS TITLE THE SECRETARY IS AUTHORIZED, AS PART OF
THE COMPREHENSIVE HEALTH SERVICES PROGRAM, TO CARRY OUT THE FOLLOWING
PROGRAMS:
"(1) AN 'ALCOHOLIC COUNSELING AND RECOVERY' PROGRAM DESIGNED TO
DISCOVER AND TREAT THE DISEASE OF ALCOHOLISM. SUCH PROGRAM SHOULD BE
COMMUNITY BASED, SERVE THE OBJECTIVE OF THE MAINTENANCE OF THE FAMILY
STRUCTURE AS WELL AS THE RECOVERY OF THE INDIVIDUAL ALCOHOLIC, ENCOURAGE
THE USE OF NEIGHBORHOOD FACILITIES AND THE SERVICES OF RECOVERED
ALCOHOLICS AS COUNSELORS, AND EMPHASIZE THE REENTRY OF THE ALCOHOLIC
INTO SOCIETY RATHER THAN THE INSTUTITIONALIZATION OF THE ALCOHOLIC.
"(2) A 'DRUG REHABILITATION' PROGRAM DESIGNED TO DISCOVER THE CAUSES
OF DRUG ABUSE AND ADDICTION, TO TREAT NARCOTIC AND DRUG ADDICTION AND
THE DEPENDENCE ASSOCIATED WITH DRUG ABUSE, AND TO REHABILITATE THE DRUG
ABUSER AND DRUG ADDICT. SUCH PROGRAM SHOULD DEAL WITH THE ABUSE OR
ADDITION RESULTING FROM THE USE OF NARCOTIC DRUGS SUCH AS HEROIN, OPIUM,
ANC COCAINE, STIMULANTS SUCH AS AMPHETAMINES, DEPRESSANTS, MARIHAUNA,
HALLUCINOGENS, AND TRANQUILIZERS. SUCH PROGRAM SHOULD BE COMMUNITY
BASED, SERVE THE OBJECTIVE OF THE MAINTENANCE OF THE FAMILY STRUCTURE AS
WELL AS THE RECOVERY OF THE INDIVIDUAL DRUG ABUSER OR ADDICT, ENCOURAGE
THE USE OF NEIGHBORHOOD FACILITIES AND THE SERVICES OF RECOVERED DRUG
ABUSERS AND ADDICTS AS COUNSELORS, AND EMPHASIZE THE REENTRY OF THE DRUG
ABUSER AND ADDICT INTO SOCIETY RATHER THAN HIS INSTITUTIONALIZATION.
THE DIRECTOR IS AUTHORIZED TO UNDERTAKE SPECIAL PROGRAMS AIMED AT
PROMOTING EMPLOYMENT OPPORTUNITIES FOR REHABILITATED ADDICTS OR ADDICTS
ENROLLED AND PARTICIPATING IN METHADONE MAINTENANCE TREATMENT OR
THERAPEUTIC PROGRAMS, AND ASSISTING EMPLOYERS IN DEALING WITH ADDICTION
AND DRUG ABUSE AND DEPENDENCY PROBLEMS AMONG FORMERLY HARDCORE
UNEMPLOYED SO THAT THEY CAN BE MAINTAINED IN EMPLOYMENT. IN UNDERTAKING
SUCH PROGRAMS, THE DIRECTOR SHALL GIVE SPECIAL PRIORITY TO VETERANS AND
EMPLOYERS OF SIGNIFICANT NUMBERS OF VETERANS, WITH PRIORITY TO THOSE
AREAS WITHIN THE STATES HAVING THE HIGHEST PERCENTAGES OF ADDICTS. THE
DIRECTOR IS FURTHER AUTHORIZED TO ESTABLISH PROCEDURES AND POLICIES
WHICH WILL ALLOW CLIENTS TO COMPLETE A FULL COURSE OF REHABILITATION
EVEN THOUGH THEY BECOME NON-LOW-INCOME BY VIRTUE OF BECOMING EMPLOYED AS
A PART OF THE REHABILITATION PROCESS BUT THERE SHALL BE NO CHANGE IN
INCOME ELIGIBILITY CRITERIA FOR INITIAL ADMISSION TO TREATMENT AND
REHABILITATION PROGRAMS UNDER THIS ACT."
HEADSTART AND FOLLOW THROUGH
SEC. 8. (A) TITLE V OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED BY STRIKING OUT THE HEADING THEREOF AND ALL OF SUCH TITLE
PRECEDING PART B THEREOF (WHICH IS HEREBY REDESIGNATED AS PART D) AND
INSERTING IN LIEU THEREOF THE FOLLOWING:
"SHORT TITLE
"SEC. 501. //42 USC 2921.// THIS TITLE MAY BE CITED AS THE
"HEADSTART-FOLLOW THROUGH ACT" (HEREINAFTER IN THIS TITLE REFERRED TO AS
THE "ACT").
"STATEMENT OF PURPOSE
"SEC. 502. //42 USC 2922.// IN RECOGNITION OF THE ROLE WHICH PROJECT
HEADSTART HAS PLAYED IN THE EFFECTIVE DELIVERY OF COMPREHENSIVE HEALTH,
EDUCATIONAL, NUTRITIONAL, SOCIAL, AND OTHER SERVICES TO ECONOMICALLY
DISADVANTAGED CHILDREN AND THEIR FAMILIES, THE ACT EXTENDS THE AUTHORITY
FOR APPROPRIATION OF FUNDS FOR THAT PROGRAM.
"POLICY WITH RESPECT TO INDIAN AND MIGRANT CHILDREN
"SEC. 503. //42 USC 2923.// IN CARRYING OUT THE PURPOSES OF PART A
THE SECRETARY SHALL CONTINUE THE ADMINISTRATIVE ARRANGEMENT RESPONSIBLE
FOR MEETING THE NEEDS OF MIGRANT AND INDIAN CHILDREN AND SHALL ASSURE
THAT APPROPRIATE FUNDING IS PROVIDED TO MEET SUCH NEEDS.
"FINANCIAL ASSISTANCE FOR HEADSTARY PROGRAMS
"SEC. 511. //42 USC 2928.// THE SECRETARY MAY, UPON APPLICATION BY
AN AGENCY WHICH IS ELIGIBLE FOR DESIGNATION AS A HEADSTART AGENCY
PURSUANT TO SECTION 514, PROVIDE FINANCIAL ASSISTANCE TO SUCH AGENCY FOR
THE PLANNING, CONDUCT, ADMINISTRATION, AND EVALUATION OF A HEADSTART
PROGRAM FOCUSED PRIMARILY UPON CHILDREN FROM LOW-INCOME FACILIES WHO
HAVE NOT REACHED THE AGE OF COMPULSORY SCHOOL ATTENDANCE WHICH (1) WILL
PROVIDE SUCH COMPREHENSIVE HEALTH, NUTRITIONAL, EDUCATIONAL, SOCIAL, AND
OTHER SERVICES AS WILL AID THE CHILDREN TO ATTAIN THEIR FULL POTENTIAL,
AND (2) WILL PROVIDE FOR DIRECT PARTICIPATION OF THE PARENTS OF SUCH
CHILDREN IN THE DEVELOPMENT, CONDUCT, AND OVERALL PROGRAM DIRECTION AT
THE LOCAL LEVEL.
"SEC. 512. //42 USC 2928A.// THERE ARE AUTHORIZED TO BE APPROPRIATED
FOR CARRYING OUT THE PURPOSES OF THIS PART SUCH SUMS AS MAY BE NECESSARY
FOR FISCAL YEARS 1975 THROUGH 1977.
"ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE
"SEC. 513. //42 USC 2928B.// OF THE SUMS APPROPRIATED PURSUANT TO
SECTION 512 FOR ANY FISCAL YEAR BEGINNING AFTER JUNE 30, 1975, THE
SECRETARY SHALL ALLOT NOT MORE THAN 2 PER CENTUM AMONG GUAM, AMERICAN
SAMOA, THE TRUST TERRITORY OF THE PACIFIC ISLANDS, AND THE VIRGIN
ISLANDS, ACCORDING TO THEIR RESPECTIVE NEEDS. IN ADDITION, THE
SECRETARY SHALL RESERVE NOT MORE THAN 20 PER CENTUM OF THE SUMS SO
APPROPRIATED FOR USE IN ACCORDANCE WITH SUCH CRITERIA AND PROCEDURES AS
HE MAY PRESCRIBE. THE REMAINDER SHALL BE ALLOTTED AMONG THE STATES, IN
ACCORDANCE WITH THE LATEST SATISFACTORY AVAILABLE DATA, SO THAT EQUAL
PROPORTIONS ARE DISTRIBUTED ON THE BASIS OF (1) THE RELATIVE NUMBER OF
PUBLIC ASSISTANCE RECIPIENTS IN EACH STATE AS COMPARED TO ALL STATES,
AND (2) THE RELATIVE NUMBER OF RELATED CHILDREN LIVING WITH FAMILIES
WITH INCOMES BELOW THE POVERTY LINE IN EACH STATE AS COMPARED TO ALL
STATES; BUT THERE SHALL BE MADE AVAILABLE, FOR USE BY HEADSTARE
PROGRAMS WITHIN EACH STATE, NO LESS FUNDS FOR ANY FISCAL YEAR THAN WERE
OBLIGATED FOR USE BY HEADSTART PROGRAMS WITHIN SUCH STATE WITH RESPECT
TO FISCAL YEAR 1975. ALLOCATION OF SUCH INCREASES WITHIN EACH STATE
SHALL, TO THE EXTENT FEASIBLE, BE MADE IN SUCH MANNER AS TO REFLECT THE
PROPORTIONATE INCREASES IN PROGRAM COSTS INCURRED BY GRANTEES, IN
ACCORDANCE WITH REGULATIONS WHICH THE SECRETARY SHALL PRESCRIBE FOR THIS
PURPOSE. FOR THE PURPOSE OF THIS SUBSECTION, THE SECRETARY SHALL
UTILIZE THE CRITERIA OF POVERTY USED BY THE BUREAU OF THE CENSUS IN
COMPILING THE 1970 DECENNIAL CENSUS.
"(B) FINANCIAL ASSISTANCE EXTENDED UNDER THIS PART FOR A HEADSTARY
PROGRAM SHALL NOT EXCEED 80 PER CENTUM OF THE APPROVED COSTS OF THE
ASSISTED PROGRAM OR ACTIVITIES, EXCEPT THAT THE SECRETARY MAY APPROVE
ASSISTANCE IN EXCESS OF SUCH PERCENTAGE IF HE DETERMINES, IN ACCORDANCE
WITH REGULATIONS ESTABLISHING OBJECTIVE CRITERIA, THAT SUCH ACTION IS
REQUIRED IN FURTHERANCE OF THE PURPOSES OF THIS PART. NON-FEDERAL
CONTRIBUTIONS MAY BE IN CASH OR IN KIND, FAIRLY EVALUATED, INCLUDING BUT
NOT LIMITED TO PLANT, EQUIPMENT, OR SERVICES. THE SECRETARY SHALL NOT
REQUIRE NON-FEDERAL CONTRIBUTIONS IN EXCESS OF 20 PER CENTUM OF THE
APPROVED COSTS OF PROGRAMS OR ACTIVITIES ASSISTED UNDER THIS PART.
"(C) NO PROGRAMS SHALL BE APPROVED FOR ASSISTANCE UNDER THIS PART
UNLESS THE SECRETARY IS SATISFIED THAT THE SERVICES TO BE PROVIDED UNDER
SUCH PROGRAM WILL BE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR,
COMPARABLE SERVICES PREVIOUSLY PROVIDED WITHOUT FEDERAL ASSISTANCE. THE
REQUIREMENT IMPOSED BY THE PRECEDING SENTENCE SHALL BE SUBJECT TO SUCH
REGULATIONS AS THE SECRETARY MAY PRESCRIBE.
"(D) THE SECRETARY SHALL ESTABLISH POLICIES AND PROCEDURES DESIGNED
TO ASSURE THAT FOR FISCAL YEAR 1975 NOT LESS THAN 10 PER CENTUM OF THE
TOTAL NUMBER OF ENROLLMENT OPPORTUNITIES IN HEADSTART PROGRAMS IN THE
NATION SHALL BE AVAILABLE FOR HANDICAPPED CHILDREN AND THAT FOR FISCAL
YEAR 1976 AND THEREAFTER NO LESS THAN 10 PER CENTUM OF THE TOTAL NUMBER
OF ENROLLMENT OPPORTUNITIES IN HEADSTART PROGRAMS IN EACH STATE SHALL BE
AVAILABLE FOR HANDICAPPED CHILDREN (AS DEFINED IN PARAGRAPH (1) OF
SECTION 602 OF THE EDUCATION OF THE HANDICAPPED ACT) AND THAT SERVICES
SHALL BE PROVIDED TO MEET THEIR SPECIAL NEEDS. //20 USC 1401.// THE
SECRETARY SHALL REPORT TO THE CONGRESS AT LEAST ANNUALLY ON THE STATUS
OF HANDICAPPED CHILDREN IN HEADSTART PROGRAMS, INCLUDING THE NUMBER OF
CHILDREN BEING SERVED, THEIR HANDICAPPING CONDITIONS, AND THE SERVICES
BEING PROVIDED SUCH CHILDREN.
"(E) THE SECRETARY SHALL ADOPT APPROPRIATE ADMINISTRATIVE MEASURES TO
ASSURE THAT THE BENEFITS OF THIS PART WILL BE DISTRIBUTED EQUITABLY
BETWEEN RESIDENTS OF RURAL AND URBAN AREAS.
"DESIGNATION OF HEADSTART AGENCIES
"SEC. 514. (A) //42 USC 2928C.// THE SECRETARY IS AUTHORIZED TO
DESIGNATE AS A HEADSTART AGENCY ANY LOCAL PUBLIC OR PRIVATE NONPROFIT
AGENCY WHICH (1) HAS THE POWER AND AUTHORITY TO CARRY OUT THE PURPOSES
OF THIS PART AND PERFORM THE FUNCTIONS SET FORTH IN SECTION 515 WITHIN A
COMMUNITY, AND (2) IS DETERMINED BY THE SECRETARY TO BE CAPABLE OF
PLANNING, CONDUCTING, ADMINISTERING, AND EVALUATING, EITHER DIRECTLY OR
BY OTHER ARRANGEMENTS, A HEADSTART PROGRAM.
"(B) FOR THE PURPOSES OF THIS TITLE, A COMMUNITY MAY BE A CITY,
COUNTY, MULTICITY, OR MULTICOUNTY UNIT WITHIN A STATE, AN INDIAN
RESERVATION, OR A NEIGHBOTHOOD OR OTHER AREA (IRRESPECTIVE OF BOUNDARIES
OR POLITICAL SUBDIVISIONS) WHICH PROVIDES A SUITABLE ORGANIZATION BASE
AND POSSESSES THE COMMONALITY OF INTEREST NEEDED TO OPERATE A HEADSTART
PROGRAM.
"(C) IN THE ADMINISTRATION OF THE PROVISIONS OF THIS SECTION, THE
SECRETARY SHALL GIVE PRIORITY IN THE DESIGNATION OF HEADSTART AGENCIES
TO ANY LOCAL PUBLIC OR PRIVATE NONPROFIT AGENCY WHICH IS RECEIVING FUNDS
UNDER ANY HEADSTART PROGRAM ON THE DATE OF THE ENACTMENT OF THIS ACT,
EXCEPT THAT THE SECRETARY SHALL, BEFORE GIVING SUCH PRIORITY, DETERMINE
THAT THE AGENCY INVOLVED MEETS PROGRAM AND FISCAL REQUIREMENTS
ESTABLISHED BY THE SECRETARY.
"POWERS AND FUNCTIONS OF HEADSTART AGENCIES
"SEC. 515. //42 USC 2928D.// (A) IN ORDER TO BE DESIGNATED AS A
HEADSTART AGENCY UNDER THIS PART, AN AGENCY MUST HAVE AUTHORITY UNDER
ITS CHARTER OR APPLICABLE LAW TO RECEIVE AND ADMINISTER FUNDS UNDER THIS
PART, FUNDS AND CONTRIBUTIONS FROM PRIVATE OR LOCAL PUBLIC SOURCES WHICH
MAY BE USED IN SUPPORT OF A HEADSTART PROGRAM, AND FUNDS UNDER ANY
FEDERAL OR STATE ASSISTANCE PROGRAM PURSUANT TO WHICH A PUBLIC OR
PRIVATE NONPROFIT AGENCY (AS THE CASE MAY BE) ORGANIZED IN ACCORDANCE
WITH THIS PART, COULD ACT A SGRANTEE, CONTRACTOR, OR SPONSOR OF PROJECTS
APPROPRIATE FOR INCLUSION IN A HEADSTART PROGRAM. SUCH AN AGENCY MUST
ALSO BE EMPOWERED TO TRANSFER FUNDS SO RECEIVED, AND TO DELEGATE POWERS
TO OTHER AGENCIES, SUBJECT TO THE POWERS OF ITS GOVERNING BOARD AND ITS
OVERALL PROGRAM RESPONSIBILITIES. THIS POWER TO TRANSFER SUNDS AND
DELEGATE POWERS MUST INCLUDE THE POWER TO MAKE TRANSFERS AND DELEGATIONS
COVERING COMPONENT PROJECTS IN ALL CASES WHERE THIS WILL CONTRIBUTE TO
EFFICIENCY AND EFFECTIVENESS OR OTHERWISE FURTHER PROGRAM OBJECTIVES.
"(B) IN ORDER TO BE SO DESIGNATED, A HEADSTART AGENCY MUST ALSO (1)
ESTABLISH EFFECTIVE PROCEDURES BY WHICH PARENTS AND AREA RESIDENTS
CONCERNED WILL BE ENABLED TO INFLUENCE THE CHARACTER OF PROGRAMS
AFFECTING THEIR INTERESTS, (2) PROVIDE FOR THEIR REGULAR PARTICIPATION
IN THE IMPLEMENTATION OF SUCH PROGRAMS, AND (3) PROVIDE TECHNICAL AND
OTHER SUPPORT NEEDED TO ENABLE PARENTS AND AREA RESIDENTS TO SECURE ON
THEIR OWN BEHALF AVAILABLE ASSISTANCE FROM PUBLIC AND PRIVATE SOURCES.
"SUBMISSION OF PLANS TO GOVERNORS
"SEC. 516. //42 USC 2928E.// IN CARRYING OUT THE PROVISIONS OF THIS
PART, NO CONTRACT, AGREEMENT, GRANT, OR OTHER ASSISTANCE SHALL BE MADE
FOR THE PURPOSE OF CARRYING OUT A HEADSTART PROGRAM WITHIN A STATE
UNLESS A PLAN SETTING FORTH SUCH PROPOSED CONTRACT, AGREEMENT, GRANT, OR
OTHER ASSISTANCE HAS BEEN SUBMITTED TO THE GOVERNOR OF THE STATE, AND
SUCH PLAN HAS NOT BEEN DISAPPROVED BY THE GOVERNOR WITHIN THIRTY DAYS OF
SUCH SUBMISSION, OR, IF SO DISAPPROVED, HAS BEEN RECONSIDERED BY THE
SECRETARY AND FOUND BY HIM TO BE FULLY CONSISTENT WITH THE PROVISIONS
AND IN FURTHERANCE OF THE PURPOSES OF THIS APRT. FUNDS TO COVER THE
COSTS OF TH* PROPOSED CONTRACT, AGREEMENT, GRANT, OR OTHER ASSISTANCE
SHALL BE OBLIGATED FROM THE APPROPRIATION WHICH IS CURRENT AT THE TIME
THE PLAN IS SUBMITTED TO THE GOVERNOR. THIS SECTION SHALL NOT, HOWEVER,
APPLY TO CONTRACTS, AGREEMENTS, GRANTS, LOANS, OR OTHER ASSISTANCE TO
ANY INSTITUTION OF HIGHER EDUCATION IN EXISTENCE ON THE DATE OF
ENACTMENT OF THIS ACT.
"ADMINISTRATIVE REQUIREMENTS AND STANDARDS
"SEC. 517. //42 USC 2928F.// (A) EACH HEADSTART AGENCY SHALL OBSERVE
STANDARDS OF ORGANIZATION, MANAGEMENT, AND ADMINISTRATION WHICH WILL
ASSURE, SO FAR AS REASONABLY POSSIBLE, THAT ALL PROGRAM ACTIVITIES ARE
CONDUCTED IN A MANNER CONSISTENT WITH THE PURPOSES OF THIS PART AND THE
OBJECTIVE OF PROVIDING ASSISTANCE EFFECTIVELY, EFFICIENTLY, AND FREE OF
ANY TAINT OF PARTISAN POLITICAL BIAS OR PERSONAL OR FAMILY FAVORITISM.
EACH SUCH AGENCY SHALL ESTABLISH OR ADOPT RULES TO CARRY OUT THIS
SECTION, WHICH SHALL INCLUDE RULES TO ASSURE FULL STAFF ACCOUNTABILITY
IN MATTERS GOVERNED BY LAW, REGULATIONSH, OR AGENCY POLICY. EACH AGENCY
SHALL ALSO PROVEDE FOR REASONABLE PUBLIC ACCESS TO INFORMATION,
INCLUDING BUT NOT LIMITED TO PUBLIC HEARINGS AT THE REQUEST OF
APPROPRIATE COMMUNITY GROUPS AND REASONABLE PUBLIC ACCESS TO BOOKS AND
RECORDS OF THE AGENCY OR OTHER AGENCIES ENGAGED IN PROGRAM ACTIVITIES OR
OPERATIONS INVOLVING THE USE OF AUTHORITY OR FUNDS FOR WHICH IT IS
RESPONSIBLE. EACH SUCH AGENCY SHALL ADOPT FOR ITSELF AND OTHER AGNCIES
USING FUNDS OR EXERCISING AUTHORITY FOR WHICH IT IS RESPONSIBLE, RULES
DESIGNED TO ESTABLISH SPECIFIC STANDARDS GOVERNING SALARIES, SALARY
INCREASES, TRAVEL AND PER DIEM ALLOWANCES, AND OTHER EMPLOYEE BENEFITS;
TO ASSURE THAT ONLY PERSONS CAPABLE OF DISCHARGING THEIR DUTIES WITH
COMPETENCE AND INTEGRITY ARE EMPLOYED AND THAT EMPLOYEES ARE PROMOTED OR
ADVANCED UNDER IMPARTIAL PROCEDURES CALCULATED TO IMPROVE AGENCY
PERFORMANCE AND EFFECTIVENESS; TO GUARD AGANIST PERSONAL OR FINANCIAL
CONFLICTS OF INTERESTS; AND TO DEFINE EMPLOYEE DUTIES IN AN APPROPRIATE
MANNER WHICH WILL IN ANY CASE PRECLUDE EMPLOYEES FROM PARTICIPATING, IN
CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES, IN ANY FORM OF
PICKETING, PROTEST, OR OTHER DIRECT ACTION WHICH IS IN VIOLATION OF LAW.
"(B) NO FINANCIAL ASSISTANCE SHALL BE EXTENDED UNDER THE ACT IN ANY
CASE IN WHICH THE SECRETARY DETERMINES THAT THE COSTS OF DEVELOPING AND
ADMINISTERING A PROGRAM ASSISTED UNDER THE ACT EXCEED 15 PER ENCTUM OF
THE TOTAL COSTS, INCLUDING NON-FEDERAL CONTRIBUTIONS TO SUCH COSTS, OF
SUCH PROGRAM. THE SECRETARY SHALL ESTABLISH BY REGULATION, CRITERIA FOR
DETERMINING (I) THE COSTS OF DEVELOPING AND ADMINISTERING SUCH PORGRAM
AND (II) THE TOTAL COSTS OF SUCH PROGRAM. IN ANY CASE IN WHICH THE
SECRETARY DETERMINES THAT THE COST OF ADMINISTERING SUCH PROGRAM DOES
NOT EXCEED 15 PER CENTUM AND SUCH TOTAL COSTS BUT IS, IN HIS JUDGMENT,
EXCESSIVE, HE SHALL FORTHWITH REQUIRE THE RECITIENT OF SUCH FINANCIAL
ASSISTANCE TO TAKE SUCH STEPS PRESCRIBED BY HIM AS WILL ELIMINATE SUCH
EXCESSIVE ADMINISTRATIVE COST, INCLUDING THE SHARING BY ONE OR MORE
HEADSTART AGENCIES OF A COMMON DIRECTOR AND OTHER ADMINISTRATIVE
PERSONNEL. THE SECRETARY MAY WAIVE THE LIMITATION PRESCRIBED BY THIS
PARAGRAPH FOR SPECIFIC PERIODS OF TIME NOT TO EXCEED SIX MONTHS WHENEVER
HE DETERMINES THAT SUCH A WAIVER IS NECESSARY IN ORDER TO CARRY OUT THE
PURPOSES OF THE ACT.
"(C) THE SECRETARY SHALL PRESCRIBE RULES OR REGULATIONS TO SUPPLEMENT
SUBSECTION (A) OF THIS SECTION, WHICH SHALL BE BINDING ON ALL AGENCIES
CARRYING ON HEADSTART PROGRAM ACTIVITIES WITH FINANCIAL ASSISTANCE UNDER
THIS PART. HE MAY, WHERE APPROPRIATE, ESTABLISH SPECIAL OR SIMPLIFIED
REQUIREMENTS FOR SMALLER AGENCIES OR AGENCIES OPERATING IN RURAL AREAS.
POLICIES AND PROCEDURES SHALL BE ESTABLISHED TO INSURE THAT INDIRECT
COSTS ATTRIBUTABLE TO THE COMMON OR JOINT USE OF FACILITIES AND SERVICES
BY PROGRAMS ASSISTED UNDER THIS PART AND OTHER PROGRAMS SHALL BE FAIRLY
ALLOCATED AMONG THE VARIOUS PROGRAMS WHICH UTILIZE SUCH FACILITIES AND
SERVICES.
"(D) AT LEAST THIRTY DAYS PRIOR TO THEIR EFFECTIVE DATE, ALL RULES,
REGULATIONS, GUIDELINES, INSTRUCTIONS, AND APPLICATION FORMS SHALL BE
PUBLISHED IN THE FEDERAL REGISTER AND SHALL BE SENT TO EACH GRANTEE WITH
THE NOTIFIACTION THAT EACH SUCH GRANTEE HAS THE RIGHT TO SUBMIT COMMENS
PERTAINING THERETO TO THE SECRETARY PRIOR TO THE FINAL ADOPTION THEREOF.
"PARTICIPATION IN HEADSTART PROGRAMS
"SEC. 518. //42 USC 2928G.// (A) THE SECRETARY SHALL BY REGULATION
PRESCRIBE ELIGIBILITY FOR THE PARTICIPATION OF PERSONS IN HEADSTART
PROGRAMS ASSISTED UNDER THIS PART. SUCH CRITERIA MAY PROVIDE (1) THAT
CHILDREN FROM LOW-INCOME FAMILIES SHALL BE ELIGIBLE FOR PARTICIPATION IN
PROGRAMS ASSISTED UNDER THIS PART IF THEIR FAMILIES ARE BELOW THE
POVERTY LINE, OR IF THEIR FAMILIES ARE ELIGIBLE OR IN THE ABSENCE OF
CHILD CARE WOULD POTENTIALLY BE ELIGIBLE FOR PUBLIC ASSISTANCE; AND (2)
PURSUANT TO SUCH REGULATIONS AS THE SECRETARY SHALL PRESCRIBE THAT
PROGRAMS ASSISTED UNDER THIS PART MAY INCLUDE, TO A REASONABLE EXTENT,
PARTICIPATION OF CHILDREN IN THE AREA SERVED WHO WOULD BENEFIT FROM SUCH
PROGRAMS BUT WHOSE FAMILIES DO NOT MEET THE LOW-INCOME CRITERIA
PRESCRIBED PURSUANT TO CLAUSE (1).
"(B) TEH SECRETARY SHALL NOT PRESCRIBE ANY FEE SCHEDULE OR OTHERWISE
PROVIDE FOR THE CHARGING OF ANY FEES FOR PARTICIPATION IN HEADSTART
PROGRAMS, UNLESS SUCH FEES ARE AUTHORIZED BY LEGISLATION HEREAFTER
ENACTED. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PREVENT THE
FAMILIES GOF CHILDREN WHO PARTICIPATE IN HEADSTART PROGRAMS AND WHO ARE
WILLING AND ABLE TO PAY THE FULL COST OF SUCH PARTICIPATION FROM DOING
SO.
"APPEALS, NOTICE, AND HEARING
"SEC. 519. //42 USC 2928H.// THE SECRETARY SHALL PRESCRIBE
PROCEDURES TO ASSURE THAT--
"(1) SPECIAL NOTICE OF AND AN OPPORTUNITY FOR A TIMELY AND
ESPEDITIOUS APPEAL TO THE SECRETARY WILL BE PROVIDED FOR AN AGENCY
OR ORGANIZATION WHICH DESIRES TO SERVE AS A DELEGATE AGENCY UNDER
THIS PART AND WHOSE APPLICATION TO THE HEADSTART AGENCY HAS BEEN
WHOLLY OR SUBSTANTIALLY REJECTED OR HAS NOT BEEN ACTED UPON WITHIN
A PERIOD OF TIME DEEMED REASONABLE BY THE SECRETARY, IN ACCORDANCE
WITH REGULATIONS WHICH HE SHALL PRESCRIBE;
"(2) FINANCIAL ASSISTANCE UNDER THIS PART SHALL NOT BE
SUSPENDED, EXCEPT IN EMERGANCY SITUATIONS, UNLESS THE RECIPIENT
AGENCY HAS BEEN GIVEN REASONABLE NOTICE AND OPPORTUNITY TO SHOW
CAUSE WHY SUCH ACTION SHOULD NOT BE TAKEN; AND
"(3) FINANCIAL ASSISTANCE UNDER THIS PART SHALL NOT BE
TERMINATED, AN APPLICATION FOR REFUNDING SHALL NOT BE DENIED, AND
A SUSPENSION OF FINANCIAL ASSISTANCE WHALL NOT BE CONTINUED FOR
LONGER THAN THIRTY DAYS, UNLESS THE RECIPIENT HAS BEEN AFFORDED
REASONABLE NOTICE AND OPPORTUNITY FOR A FULL AND FAIR HEARING.
"SEC. 520. //42 USC 2928I.// (A) EACH RECIPIENT OF FINANCIAL
ASSISTANCE UNDER THIS PART SHALL KEEP SUCH RECORDS AS THE SECRETARY
SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE THE AMOUNT AND
DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF SUCH FINANCIAL
ASSISTANCE, THE TOTAL COST OF THE PROJECT OR UNDERTAKING IN CONNECTION
WITH WHICH SUCH FINANCIAL ASSISTANCE IS GIVEN OR USED, THE AMOUNT OF
THAT PORTION OF THE COST OF THE PROJECT OR UNDERTAKING SUPPLIED BY OTHER
SOURCES, AND SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
"(B) THE SECRETARY AND THE COMPTROLLER GENERAL OF THE UNITED STATES,
OR ANY OT THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR
THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS OF THE RECIPIENTS THAT ARE PERTINENT TO THE FINANCIAL
ASSISTANCE RECEIVED UNDER THIS PART.
"TECHNICAL ASSISTANCE AND TRAINING
"SEC. 521. //42 USC 2928J.// THE SECRETARY MAY PROVIDE, DIRECTLY OR
THROUGH GRANTS OR OTHER ARRANGEMENTS, (1) TECHNICAL ASSISTANCE TO
COMMUNITIES IN DEVELOPING, CONDUCTING, AND ADMINISTERING PROGRAMS UNDER
THIS PART, AND (2) TRAINING FOR SPECIALIZED OR OTHER PERSONNEL NEEDED IN
CONNECTION WITH HEADSTART PROGRAMS.
"RESEARCH, DEMONSTRATION, AND PILOT PROJECTS
"SEC. 522. //42 USC 2928K.// (A) THE SECRETARY MAY PROVIDE FINANCIAL
ASSISTANCE THROUGH GRANTS OR CONTRACTS FOR RESEARCH, DEMONSTRATION, OR
PILOT PROJECTS CONDUCTED BY PUBLIC OR PRIVATE AGENCIES WHICH ARE
DESIGNED TO TEST OR ASSIST IN THE DEVELOPMENT OF NEW APPROACHES OR
METHODS THAT WILL AID IN OVERCOMING SPECIAL PROBLEMS OR OTHERWISE IN
FURTHERING THE PURPOSES OF THIS PART.
"(B) THE SECRETARY SHALL ESTABLISH AN OVERALL PLAN TO GOVERN THE
APPROVAL OF RESEARCH, DEMONSTRATION, OR PILOT PROJECTS AND THE USE OF
ALL RESEARCH AUTHORITY UNDER THIS PART. SUCH PLAN SHALL SET FORTH
SPECIFIC OBJECTIVES TO BE ACHIEVED AND PRIORITIES AMONG SUCH OBJECTIVES.
"ANNOUNCEMENT OF RESEARCH, DEMONSTRATION, AND PILOT PROJECTS
CONTRACTS
"SEC. 523. //42 USC 2928L.// (A) THE SECRETARY SHALL MAKE A PUBLIC
ANNOUNCEMENT CONCERNING--
"(1) THE TITLE, PURPOSE, INDENDED COMPLETION DATE, IDENTITY OF
THE GRANTEE OR CONTRACTOR, AND PROPOSED COST OF ANY GRANT OR
CONTRACT WITH A PRIVATE OR NON-FEDERAL PUBLIC AGENCY OR
ORGANIZATION FOR ANY RESEARCH, DEMONSTRATION, OR PILOT PROJECT
UNDER THIS TITLE; AND
"(2) THE RESULTS, FINDINGS, DATA, OR RECOMMENDATIONS MADE OR
REPORTED AS A RESULT OF SUCH ACTIVITIES.
"(B) THE PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (A) OF THIS
SECTION SHALL BE MADE WITHIN THIRTY DAYS OF MAKING SUCH GRANTS OR
CONTRACTS, AND THE PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (B) OF
THIS SECTION SHALL BE MADE WITHIN THIREY DAYS OF THE RECEIPT OF SUCH
RESULTS.
"(C) THE DIRECTOR SHALL TAKE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH FEDERAL FUNDS
EMPLOYED UNDER THIS TITLE SHALL BECOME THE PROPERTY OF THE UNITED
STATES.
"(D) THE DIRECTOR SHALL PUBLISH STUDIES OF THE RESULTS OF ACTIVITIES
CARRIED OUT PURSUANT TO THIS TITLE NOT LATER THAN NINETY DAYS AFTER THE
COMPLETION THEREOF. THE DIRECTOR SHALL SUBMIT TO THE APPROPRIATE
COMMITTEES OF THE CONGRESS COPIES OF ALL SUCH STUDIES.
"EVALUATION
"SEC. 524. //42 USC 2928M.// (A) THE SECRETARY SHALL PROVIDE,
DIRECTLY OR THROUGH GRANTS OR CONTRACTS, FOR THE CONTINUING EVALUATION
OF PROGRAMS UNDER THIS PART, INCLUDING EVALUATIONS THAT MEASURE AND
EVALUATE THE IMPACT OF PROGRAMS AUTHORIZED BY THIS PART, IN ORDER TO
DETERMINE THEIR EFFECTIVENESS IN ACHIEVING STATED GOALS, THEIR IMPACT ON
RELATED PROGRAMS, AND THEIR STRUCTURE AND MECHANISMS FOR DELIVERY OF
SERVICES, INCLUDING, WHERE APPROPRIATE, COMPARISONS WITH APPROPRIATE
CONTROL GROUPS COMPOSED OF PERSONS WHO HAVE NOT PARTICIPATED IN SUCH
PROGRAMS. EVALUATIONS SHALL BE CONDUCTED BY PERSONS NOT DIRECTLY
INVOLVED IN THE ADMINISTRATION OF THE PROGRAM OR PROJECT EVALUATION.
"(B) PRIOR TO OBLIGATING FUNDS FOR THE PROGRAMS AND PROJECTS COVERED
BY THIS PART WITH RESPECT TO FISCAL YEAR 1976, THE SECRETARY SHALL
DEVELOP AND PUBLISH GENERAL STANDARDS FOR EVALUATION OF PROGRAM AND
PROJECT EFFECTIVENESS IN ACHIEVING THE OBJECTIVES OF THIS PART. THE
EXTENT TO WHICH SUCH STANDARDS HAVE BEEN MET SHALL BE CONSIDERED IN
DECIDING WHETHER TO RENEW OR SUPPLEMENT FINANCIAL ASSISTANCE AUTHORIZED
UNDER THIS PART.
"(C) IN CARRYING OUT EVALUATIONS UNDER THIS PART, THE SECRETARY MAY
REQUIRE HEADSTART AGENCIES TO PROVIDE FOR INDEPENDENT EVALUATIONS.
"(D) IN CARRYING OUT EVALUATIONS UNDER THIS PART, THE SECRETARY
SHALL, WHENEVER FEASIBLE, ARRANGE TO OBTAIN THE SPECIFIC VIEWS OF
PERSONS P ARTICIPATING IN AND SERVED BY PROGRAMS AND PROJECTS ASSISTED
UNDER THIS PART ABOUT SUCH PROGRAMS AND PROJECTS.
"(E) THE SECRETARY SHALL PUBLISH THE RESULTS OF EVALUATIVE RESEARCH
AND SUMMARIES OF EVALUATIONS OF PROGRAM AND PROJECT IMPACT AND
EFFECTIVENESS NOT LATER THAN NINETY DAYS AFTER THE COMPLETION THEREOF.
THE SECRETARY SHALL SUBMIT TO THE APPROPRIATE COMMITTEDS OF THE CONGRESS
COPIES OF ALL SUCH RESEARCH STUDIES AND EVALUATION SUMMARIES.
"(F) THE SECRETARY SHALL TAKE THE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, EVALUATIONS, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH
ASSISTANCE UNDER THIS PART SHALL BECOME THE PROPERTY OF THE UNITED
STATES.
"POVERTY LINE
"SEC. 525. //42 USC 2928N.// (A) THE SECRETARY SHALL REVISE ANNUALLY
(OR AT ANY SHORTER INTERVAL HE DEEMS FEASIBLE AND DESIRABLE) A POVERTY
LINE WHICH, EXCEPT AS PROVIDED IN SECTION 711, //POST, P. 2316.// SHALL
BE USED AS A CRITERION OF ELIGIBILITY FOR PARTICIPATION IN HEADSTART
PROGRAMS.
"(B) THE REVISION REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
ACCOMPLISHED BY MULTIPLYING THE OFFICIAL POVERTY LINE (AS DEFINED BY THE
OFFICE OF LMANAGEMENT AND BUDGET) BY THE PERCENTAGE CHANGE IN THE
CONSUMER PRICE INDEX DURING THE ANNUAL OR OTHER INTERVAL IMMEDIATELY
PRECEDING THE TIME AT WHICH THE REVISION IS MADE.
"(C) REVISIONS REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
MADE AND ISSUED NOT MORE THAN THIRTY DAYS AFTER THE DATE ON WHICH THE
NECESSARY CONSUMER PRICE INDEX DATA BECOMES AVAILABLE.
"FINANCIAL ASSISTANCE FOR FOLLOW THROUGH PROGRAMS
"SEC. 551. //42 USC 2929.// (A)(1) THE SECRETARY IS AUTHORIZED TO
PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO LOCAL EDUCATIONAL
AGENCIES, COMBINATIONS OF SUCH AGENCIES, AND, AS PROVIDED IN PARAGRAPH
(2) OF THIS SUBSECTION, ANY OTHER PUBLIC OR APPROPRIATE NONPROFIT
PRIVATE AGNECIES, ORGANIZATIONS, AND INSTITUTIONS FOR THE PURPOSE OF
CARRYING OUT FOLLOW THROUGH PROGRAMS FOCUSED PRIMARILY ON CHILDREN FROM
LOW-INCOME FAMILIES IN KINDERGARTEN AND PRIMARY GRADES, INCLUDING SUCH
CHILDREN ENROLLED IN PRIVATE NONPROFIT ELEMENTARY SCHOOLS, WHO WERE
PREVIOUSLY ENROLLED IN HEADSTART OR SIMILAR PROGRAMS.
"(2) WHENEVER THE SECRETARY DETERMINES (A) THAT A LOCAL EDUCATIONAL
AGENCY RECEIVING ASSISTANCE UNDER PARAGRAPH (1) IS UNABLE OR UNWILLING
TO INCLUDE IN A FOLLOW THROUGH PROGRAM CHILDREN ENROLLED IN NONPROFIT
PRIVATE SCHOOLS WHO WOULD OTHERWISE BE ELIGIBLE TO PARTICIPATE THEREIN,
OR (B) THAT IT IS OTHERWISE NECESSARY IN ORDER TO ACCOMPLISH THE
PURPOSES OF THIS SECTION, HE MAY PROVIDE FINANCIAL ASSISTANCE FOR THE
PURPOSE OF CARRYING OUT A FOLLOW THROUGH PROGRAM TO ANY OTHER PUVLIC OR
APPROPRIATE NONPROFIT PRIVATE AGENCY, ORGANIZATION, OR INSTITUTION.
"(3) PROGRAMS TO BE ASSISTED UNDER THIS SECTION SHALL PROVIDE SUCH
COMPREHENSIVE SERVICES AS THE SECRETARY DETERMINES WILL AID IN THE
CONTINUED DEVOLOPMENT OF CHILDREN DESCRIBED IN PARAGRAPH (1) TO THEIR
FULL POTENTIAL. SUCH PROJECTS SHALL PROVIDE FOR THE DIRECT
PARTICIPATION OF THE PARENTS OF SUCH CHILDREN IN THE DEVELOPMENT,
CONDUCT, AND OVERALL DIRECTION OF THE PROGRAM AT THE LOCAL LEVEL. IF
THE SECRETARY DETERMINES THAT PARTICIPATION IN THE PROJECT OF CHILDREN
WHO ARE NOT FROM LOW-INCOME FAMILIES WILL SERVE TO CARRY OUT THE
PURPOSES OF THIS SECTION, HE MAY PROVIDE FOR THE INCLUSION OF SUCH
CHILDREN FROM NON-LOW-INCOME FAMILIES, BUT ONLY TO THE EXTENT THAT THEIR
PARTICIPATION WILL NOT DILUTE THE EFFECTIVENESS OF THE SERVICES DESIGNED
FOR CHILDREN DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 552. //42 USC 2929A.// (A) THERE ARE AUTHORIZED TO BE
APPROPRIATED FOR CARRYING OUT THE PURPOSES OF THIS PART $60,000,000 FOR
THE FISCAL YEAR 1975, AND FOR EACH OF THE TWO SUCCEEDING FISCAL YEARS.
FUNDS SO APPROPRIATED SHALL REMAIN AVAILABLE FOR OBLIGATION AND
EXPENDITURE DURING THE FISCAL YEAR SUCCEEDING THE FISCAL YEAR FOR WHICH
THEY ARE APPROPRIATED.
"(B) FINANCIAL ASSISTANCE EXTENDED UNDER THIS PART FOR A FOLLOW
THROUGH PROGRAM SHALL NOT EXCEED 80 PER CENTUM OF THE APPROVED COSTS OF
THE ASSISTED PROGRAM OR ACTIVITIES, EXCEPT THAT THE SECRETARY MAY
APPROVE ASSISTANCE IN EXCESS OF SUCH PERCENTAGE IF HE DETERMINES, IN
ACCORDANCE WITH REGULATIONS ESTABLISHING OBJECTIVE CRITERIA, THAT SUCH
ACTION IS REQUIRED IN FURTHERANCE OF THE PURPOSES OF THIS PART.
NON-FEDERAL CONTRIBUTIONS MAY BE IN CASH OR IN KIND, FAIRLY EVALUATED,
INCLUDING BUT NOT LIMITED TO PLANT, EQUIPMENT, OR SERVICES. THE
SECRETARY SHALL NOT REQUIRE NON-FEDERAL CONTRIBUTIONS IN EXCESS OF 20
PER CENTUM OF THE APPROVED COSTS OF PROGRAMS OR ACTIVITIES ASSISTED
UNDER THIS PART.
"(C) NO PROJECT SHALL BE APPROVED FOR ASSISTANCE UNDER THIS PART
UNLESS THE SECRETARY IS SATISFIED THAT THE SERVICES TO BE PROVIDED UNDER
SUCH PROJECT WILL BE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR,
SERVICES IMPOSED BY THE PRECEDING SENTENCE SHALL BE SUBJECT TO SUCH
REGULATIONS AS THE SECRETARY MAY ADOPT.
"RESEARCH, DEMONSTRATION, AND PILIT PROJECTS; EVALUATION; AND
TECHNICAL ASSISTANCE ACTIVITIES
"SEC. 553. //42 USC 2929B.// (A) IN CONJUNCTION WITH OTHER
ACTIVITIES AUTHORIZED BY THIS PART, THE SECRETARY MAY--
"(1) PROVIDE FINANCIAL ASSISTANCE, BY CONTRACT OR OTHERWISE,
FOR RESEARCH, DEMONSTRATION, OR PILOT PROJECTS CONDUCTED BY PUBLIC
OR PRIVATE AGENCIES WHICH ARE DESIGNED TO TEST OR ASSIST IN THE
DEVELOPMENT OF NEW APPROACHES OR METHODS THAT WILL AID IN
OVERCOMING SPECIAL PROBLEMS OR OTHERWISE IN FURTHERING THE
PURPOSES OF THIS PART;
"(2) PROVIDE, DIRECTLY OR THROUGH GRANTS OR CONTRACTS, FOR THE
CONTINUING EVALUATION OF PROJECTS ASSISTED UNDER THIS PART,
INCLUDING EVALUATIONS THAT DESCRIBE AND MEASURE THE IMPACT OF SUCH
PROJECTS, THEIR EFFECTIVENESS IN ACHIEVING STATED GOALS, THEIR
IMPACT ON RELATED PROGRAMS, AND THEIR STRUCTURE AND MECHANISMS FOR
DELIVERY OF SERVICES, INCLUDING, WHERE APPROPRIATE, COMPARISONS
WITH APPROPRIATE CONTROL GROUPS COMPOSED OF PERSONS WHO HAVE NOT
PARTICIPATED IN SUCH PROJECTS, WHICH EVALUATIONS SHALL BE
CONDUCTED BY PERSONS NOT DIRECTLY INVOLVED IN THE ADMINISTRATION
OF THE PROJECT EVALUATED; AND
"(3) PROVIDE, DIRECTLY OR THROUGH GRANTS OR OTHER APPROPRIATE
ARRANGEMENTS, (A) TECHNICAL ASSISTANCE TO FOLLOW THROUGH PROGRAMS
IN DEVELOPING, CONDUCTING, AND ADMININSTERING PROGRAMS UNDER THIS
PART, AND (B) TRAINING FOR SPECIALIZED OR OTHER PERSONNEL WHICH IS
NEEDED IN CONNECTION WITH FOLLOW THROUGH PROGRAMS.
"SPECIAL CONDITIONS
"SEC. 554. //42 USC 2929C.// (A) RECIPIENTS OF FINANCIAL ASSISTANCE
UNDER THIS PART SHALL PROVIDE MAXIMUM EMPLOYMENT OPPORTUNITIES FOR
RESIDENTS OF THE AREA TO BE SERVED, AND TO PARENTS OF CHILDREN WHO ARE
PARTICIPATING IN PROJECTS ASSISTED UNDER THIS PART.
"(B) FINANCIAL ASSISTANCE UNDER THIS PART SHALL NOT BE SUSPENDED FOR
FAILURE TO COMPLY WITH APPLICABLE TERMS AND CONDITIONS, EXCEPT IN
EMERGENCY SITUATIONS, NOR SHALL AN APPLICATION FOR REFUNDING BE DENIED,
UNLESS THE RECIPIENT AGENCY HAS BEEN GIVEN REASONABLE NOTICE AND
OPPORTUNITY TO SHOW CAUSE WHY SUCH ACTION SHOULD NOT BE TAKEN.
"(C) FINANCIAL ASSISTANCE UNDER THIS PART SHALL NOT BE TERMINATED FOR
FAILURE TO COMPLY WITH APPLICABLE TERMS AND CONDITIONS UNLESS THE
RECIPIENT HAS BEEN AFFORDED REASONABLE NOTICE AND OPPORTUNITY FOR A FULL
AND FAIR HEARING.
"DEFINITIONS
"SEC. 571. //42 USC 2930.// AS USED IN THIS TITLE, THE TERM--,
"(1) 'SECRETARY' MEANS THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE;
"(2) 'STATE' MEANS A STATE, THE COMMONWEALTH OF PUERTO RICO,
THE DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, THE VIRGIN
ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS: EXCEPT
THAT WHEN USED IN SECTION 513(A) OF THIS TITLE, //ANTE, P.
2301.// THE TERM MEANS ONLY A STATE, PUERTO RICO, OR THE DISTRICT
OF COLUMBIA; AND
"(3) 'FINANCIAL ASSISTANCE' INCLUDES ASSISTANCE PROVIDED BY
GRANT, AGREEMENT, OR CONTRACT, AND PAYMENTS MAY BE MADE IN
INSTALLMENTS AND IN ADVANCE OR BY WAY OF REIMBURSEMENT WITH
NECESSARY ADJUSTMENTS ON ACCOUNT OF OVERPAYMENTS OR UNDERPAYMENTS.
"LABOR STANDARDS
"SEC. 572. //42 USC 2930A.// ALL LABORERS AND MECHANICS EMPLOYED BY
CONTRACOTRS OR SUBCONTRACTORS IN THE CONSTRUCTION, ALTERATION, OR
REPAIR, INCLUDING PAINTING AND DECORATING OF PROJECTS, BUILDINGS, AND
WORKS WHICH ARE FEDERALLY ASSISTED UNDER THIS TITLE SHALL BE PAID WAGES
AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR CONSTRUCTION IN THE
LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH THE
DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A - 276A - 5). THE SECRETARY
OF LABOR SHALL HAVE, WITH RESPECT TO SUCH LABOR STANDARDS, THE AUTHORITY
AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15
F.R. 3176; 64 STAT. 1267; 5 U.S.C. 133 - 133Z - 15), AND SECTION 2 OF
THE ACT OF JUNE 1, 1934, AS AMENDED (48 STAT. 948, AS AMENDED; 40
U.S.C. 276(C)).
"COMPARABILITY OF WAGES
"SEC. 573. //42 USC 2930B.// (A) THE SECRETARY SHALL TAKE SUCH
ACTION AS MAY BE NECESSARY TO ASSURE THAT PERSONS EMPLOYED IN CARRYING
OUT PROGRAMS FINANCED UNDER THIS TITLE SHALL NOT RECEIVE COMPENSATION AT
A RATE WHICH IS (1) IN EXCESS OF THE AVERAGE RATE OF COMPENSATION PAID
IN THE AREA WHERE THE PROGRAM IS CARRIED OUT TO A SUBSTANTIAL NUMBER OF
THE PERSONS PROVIDING SUBSTANTIALLY COMPARABLE SERVICES, OR IN EXCESS OF
THE AVERAGE RATE OF COMPENSATION PAID TO A SUBSTANTIAL NUMBER OF THE
PERSONS PROVIDING SUBSTANTIALLY COMPARABLE SERVICES IN THE AREA OF THE
PERSON'S IMMEDIATELY PRECEDING EMPLOYMENT, WHICHEVER IS HIGHER, OR (2)
LESS THAN THE MINIMUM WAGE RATE PRESCRIBED IN SECTION 6( A)(1) OF THE
FAIR LABOR STANDARDS ACT OF 1938. //29 USC 206.//
"NONDICSRIMINATION PROVISIONS
"SEC. 574. //42 USC 2930C.// (A) THE SECRETARY SHALL NOT PROVIDE
FINANCIAL ASSISTANCE FOR ANY PROGRAM, PROJECT, OR ACTIVITY UNDER THIS
TITLE UNLESS THE GRANT OR CONTRACT WITH RESPECT THERETO SPECIFICALLY
PROVIDES THAT NO PERSON WITH RESPONSIBILITIES IN THE OPERATION THEREOF
WILL DISCRIMINATE WITH RESPECT TO ANY PROGRAM, PROJECT, OR ACTIVITY
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, POLITICAL
AFFILIATION, OR BELIEFS.
"(B) NO PERSON IN THE UNITED STATES SHALL ON THE GROUND OF SEX BE
EXCLUSED FROM PARTICIPATION IN, BE DENIED THE BENEFITS OF, BE SUBJECTED
TO DISCRIMINATION UNDER, OR BE DENIED EMPLOYMENT IN CONNECTION WITH ANY
PROGRAM OR ACTIVITY RECEIVING ASSISTANCE UNDER THIS TITLE. THE DIRECTOR
SHALL ENFORCE THE PROVISIONS OF THE PRECEDING SENTENCE IN ACCORDANCE
WITH SECTION 602 OF THE CIVIL RIGHTS ACT OF 1964. SECTION 603 OF SUCH
ACT SHALL APPLY WITH RESPECT TO ANY ACTION TAKEN BY THE SECRETARY TO
ENFORCE SUCH SENTENCE. THIS SECTION SHALL NOT BE CONSTRUED AS AFFECTING
ANY OTHER LEGAL REMEDY THAT A PERSON MAY HAVE IF THAT PERSON IS EXCLUDED
FROM PARTICIPATION IN, DENIED THE BENEFITS OF, SUBJECTED TO
DISCRIMINATION INDER, OR DENIED EMPLOYMENT IN CONNECTION WITH, ANY
PROGRAM, PROJECT, OR ACTIVITY RECEIVING ASSISTANCE UNDER THIS TITLE.
//42 USC 2000D - 1, 42 USC 2000D - 2.//
"LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL ACTICITIES
"SEC. 575. NO INDIVIDUAL EMPLOYED OR ASSIGNED BY ANY HEADSTART
AGENCY OR OTHER AGENCY ASSISTED UNDER THIS TITLE SHALL, PURSUANT TO OR
DURING THE PERFORMANCE OF SERVICES RENDERED IN CONNECTION WITH ANY
PROGRAM OR ACTIVITY CONDUCTED OR ASSISTED UNDER THIS PART BY SUCH
HEADSTART AGENCY OR SUCH OTHER AGENCY, PLAN, INITIATE, PARTICIPATE IN,
OR OTHERWISE AID OR ASSIST IN THE CONDUCT OF ANY UNLAWFUL DEMONSTRATION,
RIOTING, OR CIVIL DISTURBANCE. //42 USC 2930D.//
"POLITICAL ACTIVITIES
"SEC. 576. //42 USC 2930E.// (A) FOR PURPOSES OF CHAPTER 15 OF TITLE
5 OF THE UNITED STATES CODE ANY AGENCY WHICH ASSUMES RESPONSIBILITY FOR
PLANNING, DEVELOPING, AND COORDINATING HEADSTART PROGRAMS AND RECEIVES
ASSISTANCE UNDER THIS TITLE SHALL BE DEEMED TO BE A STATE OR LOCAL
AGENCY; AND FOR PURPOSES OF CLAUSES (1) AND (2) OF SECTION 1502(A) OF
SUCH TITLE ANY AGENCY RECEIVING ASSISTANCE UNDER THIS PART SHALL BE
DEEMED TO BE A STATE OR LOCAL AGENCY. //5 USC 1501, 5 USC 1502.//
"(B) PROGRAMS ASSISTED UNDER THIS TITLE SHALL NOT BE CARRIED ON IN A
MANNER INVOLVING THE USE OF PROGRAM FUNDS, THE PROVISION OF SERVICES, OR
THE EMPLOYMENT OR ASSIGNMENT OF PERSONNEL IN A MANNER SUPPORTING OR
RESULTING IN THE IDENTIFICATION OF SUCH PROGRAMS WITH (1) ANY PARTISAN
OR NONPARTISAN POLITICAL ACTIVITY OR ANY OTHER POLITICAL ACTIVITY
ASSOCIATED WITH A CANDIDATE, OR CONTENDING FACTION OR GROUP, IN AN
ELECTION FOR PUBLIC OR PARTY OFFICE, (2) ANY ACTIVITY TO PROVIDE VOTERS
OR PROSPECTIVE VOTERS WITH TRANSPORTATION TO THE POLLS OR SIMILAR
ASSISTANCE IN CONNECTION WITH ANY SUCH ELECTION, OR (3) ANY VOTER
REGISTRATION ACTIVITY. THE SECRETARY, AFTER CONSULTATION WITH THE CIVIL
SERVICE COMMISSION, SHALL ISSUE RULES AND REGULATIONS TO PROVIDE FOR THE
ENFORCEMENT OF THIS SECTION, WHICH SHALL INCLUDE PROVISIONS FOR SUMMARY
SUSPENSION OF ASSISTANCE OR OTHER ACTION NECESSARY TO PERMIT ENFORCEMENT
ON AN EMERGANCY BASIS.
"ADVANCE FUNDING
"SEC. 577. //42 USC 2930F.// FOR THE PURPOSE OF AFFORDING ADEQUATE
NOTICE OF FUNDING AVAILABLE UNDER THIS TITLE, APPROPRIATIONS FOR
CARRYING OUT THIS PART ARE AUTHORIZED TO BE INCLUDED IN AN APPROPRIATION
ACT FOR THE FISCAL YEAR PRECEDING THE FISCAL YEAR FOR WHICH THEY ARE
AVAILABLE FOR OBLIGATION."
(B) THE ECONOMIC OPPORTUNITY ACT OF 1964 IS FURTHER AMENDED BY
STRIKING OUT "DIRECTOR" EACH PLACE IT APPEARS IN SECTIONS 522 AND 523
AND INSERTING IN LIEU THEREOF "SECRETARY", BY STRIKING OUT "AND THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE" IN SECTION 522(D), AND BY
STRIKING OUT "THEIR JURISDICTIONS" IN SECTION 522(D), AND INSERTING IN
LIEU THEREOF "HIS JURISDICTION".
(C) SECTIONS 521 THROUGH 523 OF THE ECONOMIC OPPORTUNITY ACT OF 1964
ARE REDESIGNATED AS SECTIONS 581 THROUGH 89583, RESPECTIVELY. //42 USC
2931 - 2933.//
(D)(1) SECTION 2 OF THE CHILD ABUSE PREVENTION AND TREATMENT ACT IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(C) THE SECRETARY MAY CARRY OUT HIS FUNCTIONS UNDER SUBSECTION (B)
OF THIS SECTION EITHER DIRECTLY OR BY WAY OF GRANT OR CONTRACT.".
(2) SECTION 4 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION: //42 USC 5103.//
"(E) FOR THE PURPOSE OF THIS SECTION, THE TERM 'STATE' INCLUDES EACH
OF THE SEVERAL STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF
PUERTO RICO, AMERICAN SAMOA, THE VIRGIN ISLANDS, GUAM AND THE TRUST
TERRITORIES FO THE PACIFIC.".
ADMINISTRATION
SEC. 9. (A) SECTION 601 OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED TO READ AS FOLLOWS:
"COMMUNITY SERVICES ADMINISTRATION
"SEC. 601. //42 USC 2941.// UPON THE DATE OF ENACTMENT OF THE
HEADSTART, ECONOMIC OPPORTUNITY, AND COMMUNITY PARTNERSHIP ACT OF 1974,
//42 USC 2941.// THERE IS ESTABLISHED WITHIN THE EXECUTIVE BRANCH AN
AGENCY KNOWN AS THE "COMMUNITY SERVICES ADMINISTRATION' WHICH SHALL BE
HEADED BY A DIRECTOR AND WHICH SHALL BE, IN ALL RESPECTS AND FOR ALL
PURPOSES, THE SUCCESSOR AUTHORITY TO THE OFFICE OF ECONOMIC OPPORTUNITY.
THE DIRECTOR OF THE ADMINISTRATION SHALL BE APPOINTED BY THE PRESIDENT
BY AND WITH THE ADVICE AND CONSENT OF HE SENATE. THE DIRECTOR SHALL BE
COMPENSATED AT A RATE EQUAL TO THE RATE IN EFFECT FOR THE COMPENSATION
OF THE DIRECTOR OF THE OFCFICE OF ECONOMIC OPPORTUNITY ON THE DATE OF
THE ENACTMENT OF SUCH ACT.
"(B) THERE SHALL ALSO BE IN THE ADMINISTRATION ONE DEPUTY DIRECTOR
AND ASSISTANT DIRECTORS WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE. THE DEPUTY DIRECTOR AND THE
ASSISTANT DIRECTORS SHALL PERFORM SUCH FUNCTIONS AS THE DIRECTOR MAY
PRESCRIBE. THE DEPUTY DIRECTOR AND THE ASSISTANT DIRECTORS SHALL BE
COMPENSATED AT A RATE EQUAL TO THE RATE IN EFFECT FOR THE DEPUTY
DIRECTOR AND THE ASSISTANT DIRECTORS, RESPECTIVELY, OF THE OFFICE OF
ECONOMIC OPPORTUNITY ON THE DATE OF ENACTMENT OF THE HEADSTART, ECONOMIC
OPPORTUNITY, AND COMMUNITY PARTNERSHIP ACT OF 1974. //ANTE, P. 2291.//
"(C) SUBJECT TO THE PROVISIONS OF SUBSECTION (E) OF THIS SECTION, THE
ADMINISTRATION SHALL BE AN INDEPENDENT AGENCY. THE DIRECTOR SHALL HAVE
THE RESPONISBILITY FOR CARRYING OUT TITLES I, II, III -B, VI, VII, AND
IX OF THIS ACT. ANTE, P. 2292.// THE FUNCTIONS OF THE DIRECTOR WITH
RESPECT TO CARRYING OUT TITLES I, II (EXCEPT SECTION 232), III - B, VI,
VII, AND IX OF THIS ACT //42 USC 2961, 2941.// SHALL NOT BE DELEGATED TO
ANY OTHER OFFICER NOT DIRECTLY RESPONSIBLE, BOTH WITH RESPECT TO PROGRAM
OPERATION AND ADMINISTRATION, TO THE DIRECTOR. BEGINNING AFTER JUNE 15,
1975, THE POLICYMAKING FUNCTIONS, INCLUDING THE FINAL APPROVAL OF GRANTS
AND CONTRACTS, OF THE DIRECTOR, SHALL NOT BE DELEGATED TO ANY REGIONAL
OFFICE OR OFFICIAL. //42 USC 2861, 2941.//
"(D)(1) ALL OFFICIAL ACTIONS TAKEN BY THE DIRECTOR OF THE OFFICE OF
ECONOMIC OPPORTUNITY, HIS DESIGNEE, OR ANY OTHER PERSON UNDER THE
AUTHORITY OF THE ECONOMIC OPPORTUNITY ACT OF 1964 WHICH ARE IN FORCE ON
THE DATE OF THE ENACTMENT OF THE HEADSTART, ECONOMIC OPPORTUNITY, AND
COMMUNITY PARTNERSHIP ACT OF 1974, AND FOR WHICH THERE IS CONTINUING
AUTHORITY UNDER THE PROVISIONS OF THIS ACT, SHALL CONTINUE IN FULL FORCE
AND EFFECT UNTIL MODIFIED, SUPERSEDED, OR REVOKED BY THE DIRECTOR. //42
USC 2701 NOTE.//
"(2) ALL REFERENCES TO THE OFFICE OF ECONOMIC OPPORTUNITY, OR TO THE
DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY, IN ANY STATUTE,
REORGANIZATION PLAN, EXECUTIVE ORDER, REGULATION, OR OTHER OFFICIAL
DOCUMENT OR PROCEEDING SHALL, ON AND AFTER SUCH DATE, BE DEEMED TO REFER
TO THE ADMINISTRATION, OR TO THE DIRECTOR, AS THE CASE MAY BE.
"(3) NO SUIT, ACTION, OR OTHER PROCEEDING, AND NO CAUSE OF ACTION, BY
OR AGAINST THE OFFICE OF ECONOMIC OPPORTUNITY, OR ANY ACTION BY ANY
OFFICER THEREOF ACTING IN HIS OFFICIAL CAPACITY, SHALL ABATE BY REASON
OF THE ENACTMENT OF THE HEADSTART, ECONOMIC OPPORTUNITY, AND COMMUNITY
PARTNERSHIP ACT OF 1974.
"(4) PERSONS APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE, TO POSITIONS IN THE OFFICE OF ECONOMIC
OPPORTUNITY, REQUIRING APPOINTMENT BY AND WITH SUCH ADVICEAND CONSENT,
MAY, IF THE PRESIDENT SO DESIRES, CONTINUE TO SERVE IN COMPARABLE
POSITIONS IN THE ADMINISTRATION; BUT THE PRESIDENT MAY SUBMIT TO THE
SENATE NOMINATIONS FOR APPOINTMENT TO ANY OR ALL POSITIONS IN THE
ADMINISTRATION, REQUIRING THE ADVICE AND CONSENT OF THE SENATE.
"(E)(1) AFTER MARCH 15, 1975, THE PRESIDENT MAY SUBMIT TO THE
CONGRESS A REORGANIZATION PLAN WHICH, SUBJECT TO THE PROVISIONS OF
PARAGRAPH (2) OF THIS SUBSECTION, SHALL TAKE EFFECT IF SUCH
REORGANIZATION PLAN IS NOT DISAPPROVED BY ENACTMENT OF A JOINT
RESOLUTION WHICH SHALL BE CONSIDERED IN CONGRESS IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH (3) OF THIS SUBSECTION AND THE PROCEDURES
ESTABLISHED WITH RESPECT TO REORGANIZATION PLANS BY CHAPTER 9 OF TITLE
5, UNITED STATES CODE, EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN THIS
ACT.
"(2) A REORGANIZATION PLAN SUBMITTED IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH (1) SHALL PROVIDE-- //5 USC 901.//
"(A) FOR ESTABLISHING IN THE DEPARTMENT OF HEALTH, EDUCATION,
AND WELFARE A COMMUNITY SERVICES ADMINISTRATION--
"(I) WHICH SHALL BE HEADED BY A DIRECTOR,
"(II) WHICH SHALL BE THE PRINCIPAL AGENCY, AND THE DIRECTOR OF
WHICH SHALL BE THE PRINCIPAL OFFICER, FOR CARRYING OUT TITLES I,
II, III - B, VI, AND IX OF THIS ACT, AND WHICH, WITH RESPECT TO
SUCH PROVISIONS, SHALL BE THE SUCCESSOR AUTHORITY TO THE COMMUNITY
SERVICES ADMINISTRATION ESTABLISHED BY SUBSECTION (A) OF THIS
SECTION, //ANTE, P. 2292, 42 USC 2861, 2941, POST, P. 2328.//
"(III) THE DIRECTOR OF WHICH SHALL BE, IN THE PERFORMANCE OF
HIS FUNCTIONS, DIRECTLY RESPONSIBLE TO THE SECRETARY, AND
"(IV) IN WHICH NO POLICYMAKING FUNCTIONS, INCLUDING THE FINAL
APPROVAL OF GRANTS OR CONTRACTS, OF THE DIRECTOR SHALL BE
DELEGATED TO ANY REGIONAL OFFICE OR OFFICIAL.
(B) FOR EXTABLISHING IN THE DEPARTMENT OF COMMERCE A COMMUNITY
ECONOMIC DEVELOPMENT ADMINISTRATION--
"(I) WHICH SHALL BE HEADED BY A DIRECTOR,
"(II) WHICH SHALL BE THE PRINCIPAL AGENCY, AND THE DIRECTOR OF
WHICH SHALL BE THE PRINCIPAL OFFICER, FOR CARRYYING OUT TITLE VII
OF THIS ACT, //POST, P. 2315.// AND WHICH WITH RESPECT TO SUCH
PROVISIONS, SHALL BE THE SUCCESSOR AUTHORITY TO THE COMMUNITY
SERVICES ADMINISTRATION ESTABLISHED BY SUBSECTION (A) OF THIS
SECTION,
"(III) THE DIRECTOR OF WHICH SHALL BE, IN THE PERFORMANCE OF
HIS FUNCTIONS, DIRECTLY RESPONSIBLE TO THE SECRETARY, AND
"(IV) IN WHICH NO POLICYMAKING FUNCTIONS, INCLUDING THE FINAL
APPROVAL OF GRANTS OR CONTRACTS, OF THE DIRECTOR SHALL BE
DELEGATED TO ANY REGIONAL OFFICE OR OFFICIAL.
"(3) FOR THE PURPOSE OF THIS SUBSECTION AND CHAPTER 9, TITLE 5,
UNITED STATES CODE, TO THE EXTENT INCORPORATED BY THIS SUBSECTION, THE
FOLLOWING PROVISIONS APPLY: //5 USC 901.//
"(A) THE TERM 'RESOLUTION' MEANS A JOINT RESOLUTION THE MATTER
AFTER THE RESOLVING CLAUSE OF WHICH IS: 'THAT THE CONGRESS OF THE
UNITED STATESDISAPPROVES THE COMMUNITY SERVICES ADMINISTRATION
REORGANIZATION PLAN TRANSMITTED TO THE CONGRESS BY THE PRESIDENT
ON ------, 19--,'. THE BLANK SPACES THEREIN ARE TO BE
APPROPRIATELY FILLED.
"(B) IF, PRIOR TO THE PASSAGE BY ONE HOUSE OF THE JOINT
RESOLUTION OF THAT HOUSE WITH RESPECT TO THE REORGANIZATION PLAN,
SUCH HOUSE RECEIVES FROM THE OTHER HOUSE A JOINT RESOLUTION WITH
RESPECT TO THE SAME PLAN, THEN THE FOLLOWING PROCEDURE APPLIES:
"(I) IF NO RESOLUTION OF THE FIRST HOUSE WITH RESPECT TO SUCH
PLAN HAS BEEN REFERRED TO COMMITTEE, NO OTHER RESOLUTION WITH
RESPECT TO THE SAME PLAN MAY BE REPORTED OR (DESPITE THE
PROVISIONS OF SECTION 912(A) OF TITLE 5, UNITED STATES CODE) BE
MADE THE SUBJECT OF A MOTION TO DISCHARGE.
"(II) IF A RESOLUTION OF THE FIRST HOUSE WITH RESPECT TO SUCH
PLAN HAS BEEN REFERRED TO COMMITTEE--
"(I) THE PROCEDURE WITH RESPECT TO THAT OR OTHER RESOLUTIONS OF
SUCH HOUSE WITH RESPECT TO SUCH PLAN WHICH HAVE BEEN REFERRED TO
COMMITTEE SHALL BE THE SAME AS IF NO RESOLUTION FROM THE OTHER
HOUSE WITH RESPECT TO SUCH PLAN HAD BEEN RECEIVED; BUT
"(II) ON ANY VOTE ON FINAL PASSAGE OF A RESOLUTION OF THE FIRST
HOUSE WITH RESPECT TO SUCH PLAN THE RESOLUTION FROM THE OTHER
HOUSE WITH RESPECT TO SUCH PLAN SHALL BE AUTOMATICALLY SUBSTITUTED
FOR THE RESOLUTION OF THE FIRST HOUSE."
"(4) THE TRANSFERS AUTHORIZED UNDER SUBPARAGRAPHS (A) AND (B) OF
PARAGRAPH (3) OF THIS SUBSECTION SHALL BE EFFECTIVE 30 DAYS AFTER THE
LAST DATE ON WHICH SUCH REORGANIZATION PLAN COULD BE DISAPPROVED UNDER
THIS SUBSECTION.
"(F) IN THE EVENT THAT THE REORGANIZATION PLAN PURSUANT TO SUBSECTION
(E) TAKES EFFECT, THE DIRECTOR OF THE COMMUNITY SERVICES ADMINISTRATION
AND THE DIRECTOR OF THE COMMUNITY ECONOMIC DEVELOPMENT ADMINISTRATION
SHALL EACH BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE, EXCEPT THAT THE PERSON SERVING AS DIRECTOR OF THE
INDEPENDENT COMMUNITY SERVICES ADMINISTRATION PURSUANT TO THE ADVICE AND
CONSENT OF THE SENATE MAY, IF THE PRESIDENT NOTIFIES THE CONGRESS
ACCORDINGLY, CONTINUE TO SERVE AS DIRECTOR OF THE COMMUNITY SERVICES
ADMINISTRATION WITHIN THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE;
BUT THE PRESIDENT MAY IN SUCH EVENT SUBMIT TO THE SENATE A NOMINATION
FOR SUCH POSITION.
"(G) IN THE EVENT THAT THE REORGANIZATION PLAN PURSUANT TO SUBSECTION
(E) OF THIS SECTION TAKES EFFECT, ON THE EFFECTIVE DATE THEREOF THE
PROPERTY, RECORDS, AND UNEXPENDED BALANCES OF APPROPRIATIONS,
ALLOCATIONS, AND OTHER FUNDS EMPLOYED, USED, HELD, AVAILABLE, OR TO BE
MADE AVAILABLE IN CONNECTION WITH THE FUNCTIONS OF THE DIRECTOR OF THE
INDEPENDENT COMMUNITY SERVICES ADMINISTRATION, ESTABLISHED BY SUBSECTION
(A) OF THIS SECTION, SHALL BE TRANSFERRED TO THE DIRECTOR OF THE
COMMUNITY SERVICES ADMINISTRATION, WITHIN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE AND TO THE DIRECTOR OF THE ECONOMIC DEVELOPMENT
ADMINISTRATION WITHIN THE DEPARTMENT OF COMMERCE, AS APPROPRIATE. ALL
GRANTS, APPLICATIONS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS AWARDED
OR ENTERED INTO BY THE DIRECTOR OF THE INDEPENDENT COMMUNITY SERVICES
ADMINISTRATION SHALL CONTINUE TO BE RECOGNIZED SO THAT THERE IS NO
DISRUPTION OF ONGOING ACTIVITIES FOR WHICH THERE IS CONTINUING
AUTHORITY.
"(H)(1) IN THE EVENT THAT THE REORGANIZATION PLAN PURSUANT TO
SUBSECTION (E) OF THIS SECTION TAKES EFFECT, ON THE EFFECTIVE DATE
THEREOF ALL FEDERAL PERSONNEL EMPLOYED BY THE INDEPENDENT COMMUNITY
SERVICES ADMINISTRATION UNDER THE AUTHORIZATION AND APPROPRIATIONS FOR
THE ECONOMIC OPPORTUNITY ACT OF 1964, TRANSFERRED TO THE COMMUNITY
SERVICES ADMINISTRATION WITHIN THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE OR TO THE COMMUNITY ECONOMIC DEVELOPMENT ADMINISTRATION WITHIN
THE DEPARTMENT OF COMMERCE SHALL, TO THE EXTENT FEASIBLE, BE ASSIGNED TO
RELATED FUNCTIONS AND ORGANIZATIONAL USITS IN THE APPROPRIATE
ADMINISTRATION, WITHOUT LOSS OF SALARY, RANK, OR OTHER BENEFITS,
INCLUDING THE RIGHT TO REPRESENTATION AND TO THE EXISTING BASIC
COLLECTIVE-BARGAINING AGREEMENT. //42 USC 2701 NOTE.//
"(2) IN THE EVENT THAT THE REORGANIZATION PLAN PPRSUANT TO SUBSECTION
(E) OF THIS SECTION TAKES EFFECT, ON THE EFFECTIVE DATE THEREOF ALL
OFFICIAL ACTIONS TAKEN BY THE DIRECTOR OF THE INDEPENDENT COMMUNITY
SERVICES ADMINISTRATION, HIS DESIGNEE, OR ANY OTHER PERSON UNDER THE
AUTHORITY OF THE ECONOMIC OPPORTUNITY ACT OF 1964 WHICH ARE IN FORCE ON
SUCH DATE, AND FOR WHICH THERE IS CONTINUING AUTHORITY UNDER THE
PROVISIONS OF THIS ACT, SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL
MODIFIED, SUPERSEDED, OR REVOKED BY THE DIRECTOR OF THE COMMUNITY
SERVICES ADMINISTRATION WITHIN THE DEPARTMENT OF HEALTH, EDUCATION AND
WELFARE OR THE DIRECTOR OF THE COMMUNITY ECONOMIC DEVELOPMENT
ADMINISTRATION WITHIN THE DEPARTMENT OF COMMERCE, AS APPROPRIATE.
"(3) IN THE EVENT THAT THE REORGANIZATION PLAN SUBMITTED PURSUANT TO
SUBSECTION (E) OF THIS SECTION TAKES EFFECT, ON THE EFFECTIVE DATE
THEREOF ALL REFERENCES TO THE INDEPENDENT COMMUNITY SERVICES
ADMINISTRATION OR TO THE DIRECTOR OF THAT ADMINISTRATION IN ANY STATUTE,
REORGANIZATION PLAN, EXECUTIVE ORDER, REGULATION, OR OTHER OFFICIAL
DOCUMENT OR PROCEEDING SHALL, ON AND AFTER SUCH DATE, BE DEEMED TO REFER
TO THE COMMUNITY SERVICES ADMINISTRATION WITHIN THE DEPARTMENT OF
HEALTH, EDUCATION AND WELFARE, OR THE DIRECTOR OF THE COMMUNITY ECONOMIC
DEVELOPMENT ADMINISTRATION, IN THE DEPARTMENT OF COMMERCE AS
APPROPRIATE, OR TO THE DIRECTOR OF EITHER SUCH ADMINISTRATION, AS THE
CASE MAY BE.
"(4) IN THE EVENT THAT THE REORGANIZATION PLAN SUBMITTED PURSUANT TO
SUBSECTION (E) OF THIS SECTION TAKES EFFECT, ON THE EFFECTIVE DATE
THEREOF NO SUIT, ACTION, OR OTHER PROCEEDING, AND NO CAUSE OF ACTION, BY
OR AGAINST THE INDEPENDENT COMMUNITY SERVICES ADMINISTRATION, OR ANY
ACTION BY ANY OFFICE THEREOF ACTING IN HIS OFFICIAL CAPACITY, SHALL
ABATE BY REASON OF THE TAKING EFFECT OF SUCH PLAN."
(B) SECTION 28 OF THE ECONOMIC OPPORTUNITY AMENDMENTS OF 1972 (86
STAT. 705, SEPTEMBER 19, 1972) IS REPEALED EFFECTIVE ON THE DATE ON
WHICH A REORGANIZATION PLAN IS EFFECTIVE UNDER SUBSECTION (C) OF THIS
SECTION. //42 USC 2942 NOTE.//
(C) THE ECONOMIC OPPORTUNITY ACT OF 1964 IS FURTHER AMENDED BY--,
(1) STRIKING OUT "OFFICE OF ECONOMIC OPPORTUNITY" AND "OFFICE"
EACH TIME THAT THEY APPEAR IN SECTION 602(D) AND INSERTING IN LIEU
THEREOF "COMMUNITY SERVICES ADMINISTRATION"; //42 USC 2942.//
(2) STRIKING OUT "OFFICE OF ECONOMIC OPPORTUNITY" IN SECTION
603(C) AND INSERTING IN LIEU THEREOF "COMMUNITY SERVICES
ADMINISTRATION";
(3) STRIKING OUT "IN THE OFFICE" IN SECTION 605(A) AND
INSERTING IN LIEU THEREOF "IN THE COMMUNITY SERVICES
ADMINISTRATION";
(4) STRIKING OUT "OFFICE OF ECONOMIC OPPORTUNITY" IN SECTION
632(2) AND INSERTING IN LIEU THEREOF "COMMUNITY SERVICES
ADMINISTRATION"; //42 USC 2974.//
(5) STRIKING OUT "OF THE OFFICE OF ECONOMIC OPPORTUNITY" IN
SECTION 637(B)(2), AND INSERTING IN LIEU THEREOF "OF THE COMMUNITY
SERVICES ADMINISTRATION", AND //42 USC 2979.//
(6) REPEALING SECTION 609 OF SUCH ACT.
(D) SECTION 625 OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED TO
READ AS FOLLOWS: //42 USC 2949.//
"CRITERIA FOR DETERMINING ELIGIBILITY
"SEC. 625. //42 USC 2971D.// (A) EVERY AGENCY ADMINISTERING PROGRAMS
AUTHORIZED BY THIS ACT IN WHICH THE POVERTY LINE IS A CRITERION OF
ELIGIBILITY SHALL REVISE THE POVERTY LINE AT ANNUAL INTERVALS, OR AT ANY
SHORTER INTERVAL IT DEEMS FEASIBLE AND DESIRABLE.
"(B) THE REVISION REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
ACCOMPLISHED BY MULTIPLYING THE OFFICIAL POVERTY LINE (AS DEFINED BY THE
OFFICE OF MANAGEMENT AND BUDGET) BY THE PERCENTAGE CHANGE IN THE
CONSUMER PRICE INDEX DURING THE ANNUAL OR OTHER INTERVAL IMMEDIATELY
PRECEDING THE TIME AT WHICH THE REVISION IS MADE.
"(C) REVISIONS REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE
MADE AND ISSUED NOT MORE THAN THIRTY DAYS AFTER THE DATE ON WHICH THE
NECESSARY CONSUMER PRICE INDEX DATA BECOMES AVAILABLE."
"(E) THE ECONOMIC OPPORTUNITY ACT OF 1964 IS FURTHER AMENDED BY
INSERTING AFTER SECTION 625 THE FOLLOWING NEW SECTIONS:
"CRIMINAL PROVISIONS
"SEC. 626. //42 USC 2972F.// (A) WHOEVER, BEING AN OFFICER,
DIRECTOR, AGENT, OR EMPLOYEE OF, OR CONNECTED IN ANY CAPACITY WITH, ANY
AGENCY RECEIVING FINANCIAL ASSISTANCE UNDER THIS ACT EMBEZZLES,
WILLFULLY MISAPPLIES, STEALS, OR OBTAINS BY FRAUD ANY OF THE MONEYS,
FUNDS, ASSETS, OR PROPERTY WHICH ARE THE SUBJECT OF A GRANT OR CONTRACT
OF ASSISTANCE PURSUANT TO THIS ACT, SHALL BE FINED NOT MORE THAN $10,000
OR IMPRISONED FOR NOT MORE THAN TWO YEARS, OR BOTH; BUT IF THE AMOUNT
SO EMBEZZLED, MISAPPLIED, STOLEN, OR OBTAINED BY FRAUD DOES NOT EXCEED
$100, HE SHALL BE FINED NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN
ONE YEAR, OR BOTH.
"(B) WHOEVER, BY THREAT OF PROCURING DISMISSAL OF ANY PERSON FROM
EMPLOYMENT OR OF REFUSAL TO EMPLOY OR REFUSAL TO RENEW A CONTRACT OF
EMPLOYMENT IN CONNECTION WITH A GRANT OR CONTRACT OF ASSISTANCE UNDER
THIS ACT INDUCES ANY PERSON TO GIVE UP ANY MONEY OR THING OF ANY VALUE
TO ANY PERSON (INCLUDING SUCH GRANTEE AGENCY), SHALL BE FINED NOT MORE
THAN $1,000 OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
"WITHHOLDING CERTAIN FEDERAL TAXES BY ANTIPOVERTY AGENCIES
"SEC. 627. //42 USC 2971G.// UPON NOTICE FROM THE SECRETARY OF THE
TREASURY OR HIS DELEGATE THAT ANY PERSON OTHERWISE ENTITLED TO RECEIVE A
PAYMENT MADE PURSUANT TO A GRANT, CONTRACT, AGREEMENT, LOAN OR OTHER
ASSISTANCE MADE OR ENTERED INTO UNDER THIS ACT IS DELINQUENT IN PAYING
OR DEPOSITING (1) THE TAXES IMPOSED ON SUCH PERSON UNDER CHAPTERS 21 AND
23 OF THE INTERNAL REVENUE CODE OF 1954, OR (2) THE TAXES DEDUCTED AND
WITHHELD BY SUCH PERSON UNDER CHAPTERS 21 AND 24 OF SUCH CODE, THE
DIRECTOR SHALL SUSPEND SUCH PORTION OF SUCH PAYMENT DUE TO SUCH PERSON,
WHICH, IF POSSIBLE IS SUFFICIENT TO SATISFY SUCH DELINQUENCY, AND SHALL
NOT MAKE OR ENTER INTO ANY NEW GRANT, CONTRACT, AGREEMENT, LOAN OR OTHER
ASSISTANCE UNDER THIS ACT WITH SUCH PERSON UNTIL THE SECRETARY OF THE
TREASURY OR HIS DELEGATE HAS NOTIFIED HIM THAT SUCH PERSON IS NO LONGER
DELINQUENT IN PAYING OR DEPOSITING SUCH TAX OR THE DIRECTOR DETERMINES
THAT ADEQUATE PROVISION HAS BEEN MADE FOR SUCH PAYMENT. //26 USC 3101,
3301, 26 USC 3401.// IN ORDER TO EFFECTUATE THE PURPOSE OF THIS SECTION
ON A REASONABLE BASIS THE SECRETARY OF THE TREASURY AND THE DIRECTOR
SHALL CONSULT ON A QUARTERLY BASIS."
COMMUNITY ECONOMIC DEVELOPMENT
SEC. 10. (A) TITLE VII OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS
AMENDED TO READ AS FOLLOWS:
"STATEMENT OF PURPOSE
"SEC. 701. //42 USC 2981.// THE PURPOSE OF THIS TITLE IS TO
ENCOURAGE THE DEVELOPMENT OF SPECIAL PROGRAMS BY WHICH THE RESIDENTS OF
URBAN AND RURAL LOW-INCOME AREAS MAY, THROUGH SELF-HELP AND MOBILIZATION
OF THE COMMUNITY AT LARGE, WITH APPROPRIATE FEDERAL ASSISTANCE, IMPROVE
THE QUALITY OF THEIR ECONOMIC AND SOCIAL PARTICIPATION IN COMMUNITY LIFE
IN SUCH A WAY AS TO CONTRIBUTE TO THE ELIMINATION OF POVERTY AND THE
ESTABLISHMENT OF PERMANENT ECONOMIC AND SOCIAL BENEFITS.
"DEFINITION
"SEC. 702. //42 USC 2981A.// AS USED IN THIS TITLE THE TERM
'COMMUNITY DEVELOPMENT CORPORATION' MEANS A NONPROFIT ORGANIZATION
RESPONSIBLE TO RESIDENTS OF THE AREA IT SERVES WHICH IS RECEIVING
FINANCIAL ASSISTANCE UNDER PART A OF THIS TITLE AND ANY ORGANIZATION
MORE THAN 50 PER CENTUM OF WHICH IS OWNED BY SUCH AN ORGANIZATION, OR
OTHERWISE CONTROLLED BY SUCH AN ORGANIZATION, OR DESIGNATED BY SUCH AN
ORGANIZATION FOR THE PURPOSE OF THIS TITLE.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 703. //42 USC 2981B.// FOR THE PURPOSE OF CARRYING OUT THIS
TITLE, THERE ARE AUTHORIZED TO BE APPROPRIATED $39,000,000 AND SUCH
ADDITIONAL SUMS AS MAY BE NECESSARY FOR FISCAL YEAR 1975 AND SUCH SUMS
AS MAY BE NECESSARY FOR EACH OF THE TWO SUCCEEDING FISCAL YEARS.
"STATEMENT OF PURPOSE
"SEC. 711. //42 USC 2982.// THE PURPOSE OF THIS PART IS TO ESTABLISH
SPECIAL PROGRAMS OF ASSISTANCE TO NONPROFIT PRIVATE LOCALLY INITIATED
COMMUNITY DEVELOPMENT CORPORATIONS WHICH (1) ARE DIRECTED TO THE
SOLUTION OF THE CRITICAL PROBLEMS EXISTING IN PARTICULAR COMMUNITIES OR
NEIGHBORHOODS (DEFINED WITHOUT REGARD TO POLITICAL OR OTHER SUBDIVISIONS
OR BOUNDERIES) WITHIN THOSE URBAN AND RURAL AREAS HAVING CONCENTRATIONS
OR SUBSTANTIAL NUMBERS OF LOW-INCOME PERSONS; (2) ARE OF SUFFICIENT
SIZE, SCOPE, AND DURATION TO HAVE AN APPRECIABLE IMPACT IN SUCH
COMMUNITIES, NEIGHBOTHOODS, AND RURAL AREAS IN ARRESTING TENDENCIES
TOWARD DEPENDENCY, CHRONIC UNEMPLOYMENT, AND COMMUNITY DETERIORATION;
(3) HOLD FORTH THE PROSPECT OF CONTINUING TO HAVE SUCH IMPACT AFTER THE
TERMINATION OF FINANCIAL ASSISTANCE TO START, EXPAND, OR LOCATE
ENTERPRISES IN OR NEAR THE AREA TO BE SERVED SO AS TO PROVIDE EMPLOYMENT
AND OWNERSHIP OPPORTUNITIES FOR RESIDENTS OF SUCH AREAS, INCLUDING THOSE
WHO ARE DISADVANTAGED IN THE LABOR MARKET BECAUSE OF THEIR LIMITED
SPEAKING, READING, AND WRITING ABILITIES IN THE ENGLISH LANGUAGE.
"ESTABLISHMENT AND SCOPE OF PROGRAMS
"SEC. 712. //42 USC 2982A.// (A) THE DIRECTOR IS AUTHORIZED TO
PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO NONPROFIT AND FOR
PROFIT COMMUNITY DEVELOPMENT CORPORATIONS AND OTHER AFFILIATED AND
SUPPORTIVE AGENCIES AND ORGANIZATIONS ASSOCIATED WITH QUALIFYING
COMMUNITY DEVELOPMENT CORPORATIONS FOR THE PAYMENT OF ALL OR PART OF THE
COST OF PROGRAMS WHICH ARE DESIGNED TO CARRY OUT THE PURPOSES OF THIS
PART. FINANCIAL ASSISTANCE SHALL BE PROVIDED SO THAT EACH COMMUNITY
ECONOMIC DEVELOPMENT PROGRAM IS OF SUFFICIENT SIZE, SCOPE, AND DURATION
TO HAVE AN APPRECIABLE IMPACT ON THE AREA SERVED. SUCH PROGRAMS MAY
INCLUDE--
"(1) COMMUNITY ECONOMIC AND BUSINESS DEVELOPMENT PROGRAMS,
INCLUDING BUT NOT LIMITED TO: (A) PROGRAMS WHICH PROVIDE
FINANCIAL AND OTHER ASSISTANCE (INCLUDING EQUITY CAPITAL) TO
START, EXPAND, OR LOCATE BUSINESSES IN OR NEAR THE AREA SERVED SO
AS TO PROVIDE EMPLOYMENT AND OWNERSHIP OPPORTUNITIES FOR RESIDENTS
OF SUCH AREAS, AND (B) PROGRAMS FOR SMALL BUSINESSES LOCATED IN OR
OWNED BY RESIDENTS OF SUCH AREAS;
"(2) COMMUNITY DEVELOPMENT INCLUDING INDUSTRIAL PARKS AND
HOUSING ACTIVITIES WHICH CONTRIBUTE TO AN IMPROVED ENVIRONMENT AND
WHICH CREATE NEW TRAINING, EMPLOYMENT, AND OWNERSHIP OPPORTUNITIES
FOR RESIDENTS OF SUCH AREA;
"(3) TRAINING AND PUBLIC SERVICE EMPLOYMENT PROGRAMS AND
RELATED SERVICES FOR UNEMPLOYED OR LOW-INCOME PERSONS WHICH
SUPPORT AND COMPLEMENT COMMUNITY DEVELOPMENT PROGRAMS FINANCED
UNDER THIS PART, INCLUDING, WITHOUT LIMITATION, ACTIVITIES SUCH AS
THOSE DSCRIBED IN THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF
1973; AND //29 USC 801 NOTE.//
"(4) SOCIAL SERVICE PROGRAMS WHICH SUPPORT AND COMPLEMTENT
COMMUNITY ECONOMIC DEVELOPMENBT PROGRAMS FINANCED UNDER THIS PART,
INCLUDING BUT NOT LIMITED TO CHILD CARE, EDUCATIONAL SERVICES,
HEALTH SERVICES, CREDIT COUNSELING, ENERGY CONSERVATION, AND
PROGRAMS FOR THE MAINTENANCE OF HOUSING FACILITIES.
"(B) THE DIRECTOR SHALL CONDUCT PROGRAMS ASSISTED UNDER THIS PART SO
AS TO CONTRIBUTE, ON AN EQUITABLE BASIS BETWEEN URBAN AND RURAL AREAS,
TO THE ELIMINATION OF POVERTY AND THE ESTABLISHMENT OF PERMANENT
ECONOMIC AND SOCIAL BENEFITS IN SUCH AREAS.
"FINANCIAL ASSISTANCE REQUIREMENTS
"SEC. 713. //42 USC 2982B.// (A) THE DIRECTOR, UNDER SUCH
REGULATIONS AS HE MAY ESTABLISH, SHALL NOT PROVIDE FINANCIAL ASSISTANCE
FOR ANY COMMUNITY ECONOMIC DEVELOPMENT PROGRAM UNDER THIS PART UNLESS HE
DETERMINES THAT--,
"(1) SUCH COMMUNITY DEVELOPMENT CORPORATION IS RESPONSIBLE TO
RESIDENTS OF THE AREA SERVED (I) THROUGH A GOVERNING BODY NOT LESS
THAN 50 PER CENTUM OF THE MEMBERS OF WHICH ARE AREA RESIDENTS AND
(II) IN ACCORDANCE WITH SUCH OTHER GUIDELINES AS MAY BE
ESTABLISHED BY THE DIRECTOR, EXCEPT THAT THE COMPOSITION OF THE
GOVERNING BODIES OF ORGANIZATIONS OWNED OR CONTROLLED BY THE
COMMUNITY DEVELOPMENT CORPORATION NEED NOT BE SUBJECT TO SUCH
RESIDENCY REQUIREMENT;
"(2) THE PROGRAM WILL BE APPROPRIATELY COORDINATED WITH LOCAL
PLANNING UNDER THIS TITLE, WITH HOUSING AND COMMUNITY DEVELOPMENT
PROGRAMS, WITH EMPLOYMENT AND TRAINING PROGRAMS, AND WITH OTHER
RELEVANT PLANNING FOR PHYSICAL AND HUMAN RESOURCES IN THE AREAS
SERVED;
"(3) ADEQUATE TECHNICAL ASSISTANCE IS MADE AVAILABLE AND
COMMITTED TO THE PROGRAMS BEING SUPPORTED;
"(4) SUCH FINANCIAL ASSISTANCE WILL METERIALLY FURTHER THE
PURPOSES OF THIS PART;
"(5) THE APPLICANT IS FULFILLING OR WILL FULFILL A NEED FOR
SERVICES, SUPPLIES, OR FACILITIES WHICH IS OTHERWISE NOT BEING
MET;
"(6) ALL PROJECTS AND RELATED FACILITIES WILL, TO THE MAXIMUM
FEASIBLE EXTENT, BE LOCATED IN THE AREAS SERVED;
"(7) PROJECTS WILL, WHERE FEASIBLE, PROMOTE THE DEVELOPMENT OF
ENTREPRENEURIAL AND MANAGEMENT SKILLS AND THE OWNERSHIP OR
PARTICIPATION IN OWNERSHIP OF ASSISTED BUSINESSES AND HOUSING,
COOPERATIVELY OR OTHERWISE, BY RESIDENTS OF THE AREA SERVED;
"(8) PROJECTS WILL BE PLANNED AND CARRIED OUT WITH THE FULLEST
POSSIBLE PARTICIPATION OF RESIDENT OR LOCAL BUSINESSMEN AND
REPRESENTATIVES OF FINANCIAL INSTITUTIONS, INCLUDING PARTICIPATION
THROUGH CONTRACT, JOINT VENTURE, PARTNERSHIP, STOCK OWNERSHIP OR
MEMBERSHIP ON THE GOVERNING BOARDS OR ADVISORY COUNCILS OF SUCH
PROJECTS CONSISTENT WITH THE SELF-HELP PURPOSES OF THIS TITLE;
"(9) NO PARTICIPANT WILL BE EMPLOYED ON PROJECTS INVOLVING
POLITICAL PARTIES, OR THE CONSTRUCTION, OPERATION, OR MAINTENANCE
OF SO MUCH OF ANY FACILITY AS IS USED OR TO BE USED FOR SECTARIAN
INSTRUCTION OR AS A PLACE FOR RELIGIOUS WORSHIP;
"(10) THE PROGRAM WILL NOT RESULT IN THE DISPLACEMENT OF
EMPLOYED WORKERS OR IMPAIR EXISTING CONTRACTS FOR SERVICES, OR
RESULT IN THE SUBSTITUTION OF FEDERAL OR OTHER FUNDS IN CONNECTION
WITH WORK THAT WOULD OTHERWISE BE PERFORMED;
"(11) THE RATES OF PAY FOR TIME SPENT IN WORK-TRAINING AND
EDUCATION, AND OTHER CONDITIONS OF EMPLOYMENT, WILL BE APPROPRIATE
AND REASONABLE IN THE LIGHT OF SUCH FACTORS AS THE TYPE OF WORK,
GEOGRAPHICAL REGION, AND PROFICIENCY OF THE PARTICIPANT;
"(12) THE PROGRAM WILL, TO THE MAXIMUM EXTENT FEASIBLE,
CONTRIBUTE TO THE OCCUPATIONAL DEVELOPMENT OR UPWARD MOBILITY OF
INDIVIDUAL PARTICIPANTS;
"(13) PREFERENCE WILL BE GIVEN TO LOW-INCOME OR ECONOMICALLY
DISADVANTAGED RESIDENTS OF THE AREAS SERVED IN FILLING JOBS AND
TRAINING OPPORTUNITIES; AND
"(14) TRAINING PROGRAMS CARRIED OUT IN CONNECTION WITH PROJECTS
FINANCED UNDER THIS PART SHALL BE DESIGNED WHEREVER FEASIBLE TO
PROVIDE THOSE PERSONS WHO SUCCESSFULLY COMPLETE SUCH TRAINING WITH
SKILLS WHICH ARE ALSO IN DEMAND IN COMMUNITIES, NEIGHBORHOODS OR
RURAL AREAS OTHER THAN THOSE FOR WHICH PROGRAMS ARE ESTABLISHED
UNDER THIS PART.
"(B) FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL NOT BE EXTENDED TO
ASSIST IN THE RELOCATION OF ESTABLISHNMENTS FROM ONE LOCATION TO ANOTHER
IF SUCH RELOCATION WOULD RESULT IN AN INCREASE IN UNEMPLOYMENT IN THE
AREA OF ORIGINAL LOCATION.
"(C) THE LEVEL OF FINANCIAL ASSISTANCE FOR RELATED PURPOSES UNDER
THIS ACT, OR ANY OTHER PROGRAM FOR FEDERAL FINANCIAL ASSISTANCE, TO THE
AREA SERVED BY A SPECIAL IMPACT PROGRAM SHALL NOT BE DIMINISHED IN ORDER
TO SUBSTITUTE FUNDS AUTHORIZED BY THIS PART.
"FEDERAL SHARE OF PROGRAM COSTS
"SEC. 714. //42 USC 2982C.// FEDERAL ASSISTANCE TO ANY PROGRAM
CARRIED OUT PURSUANT TO THIS PART, INCLUDING GRANTS USED BY COMMUNITY
DEVELOPMENT CORPORATIONS FOR CAPITAL IMPROVEMENTS, SHALL (1) NOT EXCEED
90 PER CENTUM OF THE COST OF SUCH PROGRAM INCLUDING COSTS OF
ADMINISTRATION UNLESS THE DIRECTOR DETERMINES THAT THE ASSISTANCE IN
EXCESS OF SUCH PERCENTAGE IS REQUIRED IN FURTHERANCE OF THE PURPOSES OF
THIS PART, AND (2) BE MADE AVAILABLE FOR DEPOSIT TO THE ORDER OF THE
GRANTEE, UNDER CONDITIONS WHICH THE DIRECTOR DEEMS APPROPRIATE, WITHIN
THIRTY DAYS FOLLOWING APPROVAL OF THE GRANT AGREEMENT BY THE DIRECTOR
AND SUCH GRANTEE OF THE GRANT AGREEMENT. NON-FEDERAL CONTRIBUTIONS MAY
BE IN CASH OR IN KIND, FAIRLY EVALUATED, INCLUDING BUT NOT LIMITED TO
PLANT, EQUIPMENT, AND SERVICES. CAPITAL INVESTMENTS MADE WITH FUNDS
GRANTED AS A RESULT OF THE FEDERAL SHARE OF THE COSTS OF PROGAMS CARRIED
OUT UNDER THIS TITLE, AND THE PROCEEDS FROM SUCH CAPITAL INVESTMENTS,
SHALL NOT BE CONSIDERED FEDERAL PROPERTY. UPON INVESTMENT, TITLE RIGHTS
VEST IN THE COMMUNITY DEVELOPMENT CORPORATION. THE FEDERAL GOBERNMENT
RETAINS THE RIGHT TO DIRECT THAT ON SEVERANCE OF THE GRANT RELATIONSHIP
THE ASSETS PURCHASED CONTINUE TO BE USED FOR THE ORIGINAL PURPOSE FOR
WHICH THEY WERE GRANTED.
"STATEMENT OF PURPOSE
"SEC. 721. //42 USC 2983.// IT IS THE PURPOSE OF THIS PART TO MEET
THE SPECIAL ECONOMIC NEEDS OF LRURAL COMMUNITIES OR AREAS WITH
CONCENTRATIONS OR SUBSTANTIAL NUMBERS OF LOW-INCOME PERSONS BY PROVIDING
SUPPORT TO SELF-HELP PROGRAMS WHICH PROMOTE ECONOMIC DEVELOPMENT AND
INDEPENDENCE, AS A SUPPLEMENT TO EXISTING SIMILAR PROGRAMS CONDUCTED BY
OTHER DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT. SUCH PROGRAMS
SHOULD ENCOURAGE LOW-INCOME FAMILIES TO POOL THEIR TALENTS AND RESOURCES
SO AS TO CREATE AND EXPAND RURAL ECONOMIC ENTERPRISE.
"FINANCIAL ASSISTANCE
"SEC. 722. //42 USC 2983A.// (A) THE DIRECTOR IS AUTHORIZED TO
PROVIDE FINANCIAL ASSISTANCE INCLUDING LOANS HAVING A MAXIMUM MATURITY
OF 15 YEARS AND IN AMOUNTS NOT RESULTING IN AN AGGREGATE PRINCIPAL
INDEBTEDNESS OF MORE THAN $3,500 AT ANY ONE TIME, TO ANY LOW-INCOME
RURAL FAMILY WHERE, IN THE JUDGMENT OF THE DIRECTOR, SUCH FINANCIAL
ASSISTANCE HAS A REASONABLE POSSIBILITY OF EFFECTING A PERMANENT
INCREASE IN THE INCOME OF SUCH FAMILIES. OR WILL CONTRIBUTE TO THE
IMPROVEMENT OF THEIR LIVING OR HOUSING CONDITIONS, BY ASSISTING OR
PERMITTING THEM TO--
"(1) ACQUIRE OR IMPROVE REAL ESTATE OR REDUCE ENCUMBRANCES OR
ERECT IMPROVEMENTS THEREON;
"(2) OPERATE OR IMPROVE THE OPERATION OF FARMS NOT LARGER THAN
FAMILY SIZED, INCLUDING BUT NOT LIMITED TO THE PURCHASE OF FEED,
SEED, FERTILIZER, LIVESTOCK, POULTRY, AND EQUIPMENT; OR
"(3) PARTICIPATE IN COOPERATIVE ASSOCIATIONS, OR TO FINANCE
NON-AGRICULTURAL ENTERPRISES WHICH WILL ENABLE SUCH FAMILIES TO
SUPPLEMENT THEIR INCOME.
"(B) THE DIRECTOR IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE TO
LOCAL COOPERATIVE ASSOCIATIONS IN RURAL AREAS CONTAINING CONCENTRATIONS
OR SUBSTANTIAL NUMBERS OF LOW-INCOME PERSONS FOR THE PURPOSE OF
DEFRAYING ALL OR PART OF THE COSTS OF ESTABLISHING AND OPERATING
COOPERATIVE PROGRAMS FOR FARMING, PURCHASING, MARKETING, PROCESSING, AND
TO IMPROVE THEIR INCOME AS PRODUCERS AND THEIR PURCHASING POWER AS
CONSUMERS, AND TO PROVIDE SUCH ESSENTIALS AS CREDIT AND HEALTH SERVICES.
COSTS WHICH MAY BE DEFRAYED SHALL INCLUDE BUT NOT BE LIMITED TO--,
"(1) ADMINISTRATIVE COSTS OF STAFF AND OVERHEAD;
"(2) COSTS OF PLANNING AND DEVELOPING NEW ENTERPRISES;
"(3) COSTS OF ACQUIRING TECHNICAL ASSISTANCE; AND
"(4) INITIAL CAPITAL WHERE IT IS DETERMINED BY THE DIRECTOR
THAT THE POVERTY OF THE FAMILIES PARTICIPATING IN THE PROGRAM AND
THE SOCIAL CONDITIONS OF THE RURAL AREA REQUIRE SUCH ASSISTANCE.
"LIMITATION ON ASSISTANCE
"SEC. 723. //42 USC 2983B.// (A) NO FINANCIAL ASSISTANCE SHALL BE
PROVIDED UNDER THIS PART UNLESS THE DIRECTOR DETERMINES THAT--
"(1) ANY COOPERATIVE ASSOCIATION RECEIVING ASSISTANCE HAS A
MINIMUM OF FITEEN ACTIVE MEMBERS, A MAJORITY OF WHICH ARE
LOW-INCOME RURAL PERSONS;
"(2) ADEQUATE TECHNICAL ASSISTANCE IS MADE AVAILABLE AND
COMMITTED TO THE PROGRAMS BEING SUPPORTED;
"(3) SUCH FINANCIAL ASSISTANCE WILL MATERIALLY FURTHER THE
PURPOSES OF THIS PART; AND
"(4) THE APPLICANT IS FULFILLING OR WILL FULFILL A NEED FOR
SERVICES, SUPPLIES, OR FACILITIES WHICH IS OTHERWISE NOT BEING
MET.
"(B) THE LEVEL OF FINANCIAL ASSISTANCE FOR RELATED PURPOSES UNDER
THIS ACT TO THE AREA SERVED BY A PROGRAM UNDER THIS PART SHALL NOT BE
DIMINISHED IN ORDER TO SUBSTITUTE FUNDS AUTHORIZED BY THIS PART.
"DEVELOPMENT LOAN FUND
"SEC. 731. //42 USC 2984.// (A) THE DIRECTOR IS AUTHORIZED TO MADE
OR GUARANTEE LOANS (EITHER DIRECTLY OR IN COOPERATION WITH BANKS OR
OTHER ORGANIZATIONS THROUGH AGREEMENTS TO PARTICIPATE ON AN IMMEDIATE OR
DEFERRED BASIS) TO COMMUNITY DEVELOPMENT CORPORATIONS, AND FAMILIES AND
LOCAL COOPERATIVES ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER THIS TITLE,
FOR BUSINESS, HOUSING, AND COMMUNITY DEVELOPMENT PROJECTS WHICH THE
DIRECTOR DETERMINES WILL CARRY OUT THE PURPOSES OF THIS PART. NO LOANS,
GUARANTEES, OR OTHER FINANCIAL ASSISTANCE WHSLL BE PROVIDED UNDER THIS
SECTION UNLESS THE DIRECTOR DETERMINES THAT--
"(1) THERE IS REASONABLE ASSURANCE OF REPAYMENT OF THE LOAN;
"(2) THE LOAN IS NOT OTHERWISE AVAILABLE ON REASONABLE TERMS
FROM PRIVATE SOURCES OR OTHER FEDERAL, STATE, OR LOCAL PROGRAMS;
AND
"(3) THE AMOUNT OF THE LOAN, TOGETHER WITH OTHER FUNDS
AVAILABLE, IS ADEQUATE TO ASSURE COMPLETION OF THE PROJECT OR
ACHIEVEMENT OF THE PUSPOSES FOR WHICH THE LOAN IS MADE.
LOANS MADE BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL BEAR THE
INTEREST AT A RATE NOT LESS THAN A RATE DETERMINED BY THE SECRETARY OF
THE TREASURY TAKING INTO CONSIDERATION THE AVERAGE MARKET YIELD ON
OUTSTANDING TREASURY OBLIGATIONS OF COMPARABLE MATURITY, PLUS SUCH
ADDITIONAL CHARGE IF ANY, TOWARD COVERING OTHER COSTS OF THE PROGRAM AS
THE DIRECTOR MAY DETERMINE TO BE CONSISTENT WITH ITS PURPOSES, EXCEPT
THAT, FOR THE FIVE YEARS FOLLOWING THE DATE IN WHICH FUNDS ARE INITIALLY
AVAILABLE TO THE BORROWER, THE RATE OF INTEREST SHALL BE SET AT A RATE
CONSIDERED APPROPRIATE BY THE DIRECTOR IN LIGHT OF THE PARTICULAR NEEDS
OF THE BORROWER WHICH RATE SHALL NOT BE LOWER THAN 1 PER CENTUM. ALL
SUCH LOANS SHALL BE REPAYABLE WITHIN A PERIOD OF NOT MORE THAN THIRTY
YEARS.
"(B) THE DIRECTOR IS AUTHORIZED TO ADJUST INTEREST RATES, GRANT
MORATORIUMS ON REPAYMENT OF PRINCIPAL AND INTEREST, COLLECT OR
COMPROMISE ANY OBLIGATIONS HELD BY HIM, AND TO TAKE SUCH OTHER ACTIONS
IN RESPECT TO SUCH LOANS AS HE SHALL DETERMINE TO BE NECESSARY OR
APPROPRIATE, CONSISTENT WITH THE PURPOSES OF THIS SECTION.
"(C)(1) TO CARRY OUT THE LENDING AND GUARANTY FUNCTIONS AUTHORIZED
UNDER THIS PART, THERE SHALL BE ESTABLISHED A DEVELOPMENT LOAN FUND
CONSISTING OF TWO SEPARATE ACCOUNTS, ONE OF WHICH SHALL BE A REVOLVING
FUND CALLED THE RURAL DEVELOPMENT LOAN FUND AND THE OTHER OF WHICH SHALL
BE A REVOLVING FUND CALLED THE COMMUNITY DEVILOPMENT LOAN FUND. THE
CAPITAL OF EACH SUCH REVOLVING FUND SHALL REMAIN AVAILABLE UNTIL
EXPENDED.
"(2) THE RURAL DEVELOPMENT LOAN FUND SHALL CONSIST OF THE REMAINING
FUNDS PROVIDED FOR IN PART A OF TITLE III OF THIS ACT AND SUCH AMOUNTS
AS MAY BE DEPOSITED IN SUCH FUND BY THE DIRECTOR OUT OF FUNDS MADE
AVAILABLE FROM APPROPRIATIONS FOR THE PURPOSES OF CARRYING OUT THIS
PART. //42 USC 2841.// THE DIRECTOR SHALL UTILIZE THE SERVICES OF THE
FARMERS HOME ADMINISTRATION IN ADMINISTERING THE FUND.
"(3) THE COMMUNITY DEVELOPMENT LOAN FUND SHALL CONSIST OF SUCH
AMOUNTS AS MAY BE DEPOSITED IN SUCH FUND BY THE SECRETARY OUT OF FUNDS
MADE AVAILABLE FROM APPROPRIATIONS FOR THE PURPOSE OF CARRYING OUT THIS
SUBCHAPTER. THE SECRETARY MAY MAKE DEPOSITS IN THE COMMUNITY
DEVELOPMENT LOAN FUND IN ANY FISCAL YEAR IN WHICH HE HAS MADE AVAILABLE
FOR GRANTS TO COMMUNITY DEVELOPMENT CORPORATIONS UNDER PART B OF THIS
TITLE NOT LESS THAN $60,000,000 OUT OF FUNDS MADE AVAILABLE FROM
APPROPRIATIONS FOR THE PURPOSE OF CARRYING OUT THIS TITLE. //ANTE, P.
2318.//
"ESTABLISHMENT OF MODEL COMMUNITY ECONOMIC DEVELOPMENT FINANCE
CORPORATION
"SEC. 732. //42 USC 2984A.// (A) TO THE EXTENT HE DEEMS APPROPRIATE,
THE DIRECTOR SHABLL UTILIZE FUNDS AVAILABLE UNDER THIS PART TO PREPARE A
PLAN OF ACTION FOR THE ESTABLISHMENT OF A MODEL COMMUNITY ECONOMIC
DEVELOPMENT FINANCE CORPORATION TO PROVIDE A UNER-CONTROLLED INDEPENDENT
AND PROFESSIONALLY OPERATED LONG-TERM FINANCING VEHICLE WITH THE
PRINCIPAL PURPOSE OF PROVIDING FINANCIAL SUPPORT FOR COMMUNITY ECONOMIC
DEVELOPMENT CORPORATIONS, COOPERATIVES, OTHER AFFILIATED AND SUPPORTIVE
AGENCIES AND ORGANIZATIONS ASSOCIATED WITH COMMUNITY ECONOMIC
DEVELOPMENT CORPORATIONS, AND OTHER ENTITIES ELIGIBLE FOR ASSISTANCE
UNDER THIS TITLE.
"(D) NOT LATER THAN JUNE 1, 1975, THE DIRECTOR SHALL SUBMIT TO THE
APPROPRIATE COMMITTEES OF THE CONGRESS THE PLAN REQUIRED BY THIS
SECTION.
"TRAINING AND TECHNICAL ASSISTANCE
"SEC. 741. //42 USC 2985.// (A) THE DIRECTOR SHALL PROVIDE, DIRECTLY
OR THROUGH GRANTS, CONTRACTS OR OTHER ARRANGEMENTS, SUCH TECHNICAL
ASSISTANCE AND TRAINING OF PERSONAL AS MAY BE REQUIRED TO EFFECTIVELY
IMPLEMENT THE PURPOSES OF THIS TITLE. NO FINANCIAL ASSISTANCE SHALL BE
PROVIDED TO ANY PUBLIC OR PRIVATE ORGANIZATION UNDER THIS SECTION UNLESS
THE DIRECTOR PROVIDES THE BENEFICIARIES OF THESE SERVICES WITH
OPPORTUNITY TO PARTICIPATE IN THE SELECTION OF AND TO REVIEW THE QUALITY
AND UTILITY OF THE SERVICES FURNISHED THEM BY SUCH ORGANIZATION.
"(B) TECHNICAL ASSISTANCE TO COMMUNITY DEVELOPMENT CORPORATIONS AND
BOTH URBAN AND RURAL COOPERATIVES MAY INCLUDE PLANNING, MANAGEMENT,
LEGAL PREPARATION OF FEASIBILITY STUDIES, PRODUCT DEVELOPMENT,
MARKETING, AND THE PROVISION OF STIPENDS TO ENCOURAGE SKILLED
PROFESSIONALS TO ENGAGE IN FULL-TIME ACTIVITIES UNDER THE DIRECTION OF A
COMMUNITY ORGANIZATION FINANCIALLY ASSISTED UNDER THIS TITLE.
"(C) TRAINING FOR EMPLOYEES OF COMMUNITY DEVELOPMENT BORPORATIONS AND
FOR EMPLOYWEES AND MEMBERS OF URBAN AND RURAL COOPERATIVES SHALL
INCLUDE, BUT NOT BE LIMITED TO, ON-THE-JOB TRAINING, CLASSROOM
INSTRUCTION, AND SCHOLARSHIPS TO ASSIST THEM IN DEVELOPMENT, MANAGERIAL,
ENTREPRENEURIAL, PLANNING, AND OTHER TECHNICAL AND ORGANIZATIONAL SKILLS
WHICH WILL CONTRIBUTE TO THE EFFECTIVENESS OF PROGRAMS ASSISTED UNDER
THIS SUBCHAPTER.
"APPLICATIONS OF OTHER FEDERAL RESOURCES--SMALL BUSINESS
ADMINISTRATION PROGRAMS
"SEC. 742. //42 USC 2985A.// (A)(1) FUNDS GRANTED UNDER THIS PART
WHICH ARE INVESTED DIRECTLY OR INDIRECTLY, IN A SMALL BUSINESS
INVESTMENT COMPANY OR A LOCAL DEVELOPMENT COMPANY, LIMITED SMALL
BUSINESS INVESTMENT COMPANY SHALL BE INCLUDED AS "PRIVATE PAID-IN
CAPITAL AND PAID-IN SURPLUS," "COMBINED PAID-IN CAPITAL AND PAID-IN
SURPLUS," AND "PAID-IN CAPITAL" FOR PURPOSES OF SECTIONS 302, 303, AND
502, RESPECTIVELY, OF THE SMALL BUSINESS INVESTMENT ACT OF 1958. //15
USC 682, 683, 696.//
"(2) WITHIN NINETY DAYS OF THE ENACTMENT OF THIS TITLE, THE
ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION, AFTER CONSULTATION
WITH THE SECRETARY, SHALL PRESCRIBE SUCH REGULATIONS AS MAY BE NECESSARY
AND APPROPRIATE TO INSURE THE AVAILABILITY TO COMMUNITY DEVELOPMENT
CORPORATIONS OF SUCH PROGRAMS AS SHALL FURTHER THE PURPOSES OF THIS
PART.
"(B)(1) AREAS SELECTED FOR ASSISTANCE UNDER THIS TITLE SHALL BE
DEEMED 'REDEVELOPMENT AREAS' WITHIN THE MEANING OF SECTION 401 OF THE
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, SHALL QUALIFY FOR
ASSISTANCE UNDER THE PROVISIONS OF TITLE I AND TITLE II OF THAT ACT, AND
SHALL BE DEEMED TO HAVE MET THE OVERALL ECONOMIC DEVELOPMENT PROGRAM
REQUIREMENTS OF SECTION 202(B)(10) OF SUCH ACT. //42 USC 3161, 42 USC
3131, 3141, 42 USC 3142.//
"(2) WITHIN NINETY DAYS OF THE ENACTMENT OF THIS TITLE, THE SECRETARY
SHALL PRESCRIBE REGULATIONS WHICH WILL INSURE THAT COMMUNITY DEVELOPMENT
CORPORATIONS AND COOPERATIVES SHALL QUALIFY FOR ASSISTANCE AND SHALL BE
ELIGIBLE TO RECEIVE SUCH ASSISTANCE UNDER ALL SUCH PROGRAMS OF THE
ECONOMIC DEVELOPMENT ADMINISTRATION AS SHALL FURTHER THE PURPOSES OF
THIS TITLE.
"DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS
"SEC. 743. //42 USC 2985B.// THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, AFTER CONSULTATION WITH THE DIRECTOR, SHALL TAKE ALL
NECESSARY STEPS TO ASSIST COMMUNITY DEVELOPMENT CORPORATIONS AND LOCAL
COOPERATIVE ASSOCIATIONS TO QUALIFY FOR AND RECEIVE (1) SUCH ASSISTANCE
IN CONNECTION WITH TECHNICAL ASSISTANCE, COUNSELING TO TENANTS AND
HOMEOWNERS, AND LOANS TO SPONSORS OF LOW AND MODERATE-INCOME HOUSING
UNDER SECTION 106 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 //12
USC 1701X.// AS AMENDED BY SECTION 811 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, (2) SUCH LAND FOR HOUSING AND BUSINESS LOCATION
AND EXPANSION UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, //ANTE, P. 735.// AND (3) SUCH FUNDS FOR COMPREHENSIVE PLANNING
UNDER SECTION 701 OF THE HOUSING ACT OF 1954 AS AMENDED BY SECTION 401
OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS SHALL FURTHER
THE PURPOSES OF THIS ACT. //40 USC 461, ANTE, P. 686.//
"DEPARTMENT OF AGRICULTURE AND FARMERS HOME ADMINISTRATION
PROGRAMS
"SEC. 744. //42 USC 2985C.// (A) THE SECRETARY OF AGRICULTURE OR,
WHERE APPROPRIATE, THE ADMINISTRATOR OF THE FARMERS HOME ADMINISTRATION,
AFTER CONSULTATION WITH THE DIRECTOR, SHALL TAKE ALL NECESSARY STEPS TO
INSURE THAT COMMUNITY DEVELOPMENT CORPORATIONS AND LOCAL COOPERATIVE
ASSOCIATIONS SHALL QUALIFY FOR AND SHALL RECEIVE (1) SUCH ASSISTANCE IN
CONNECTION WITH HOUSING DEVELOPMENT UNDER THE HOUSING ACT OF 1949, //42
USC 1441 NOTE.// (2) SUCH ASSISTANCE IN CONNECTION WITH HOUSING,
BUSINESS, INDUSTRIAL, AND COMMUNITY DEVELOPMENT UNDER THE CONSOLIDATED
FARMERS HOME ADMINISTRATION ACT OF 1961 AND THE RURAL DEVELOPMENT ACT OF
1972, //7 USC 1921 NOTE.// AND (3) SUCH FURTHER ASSISTANCE UNDER ALL
SUCH PROGRAMS OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AS SHALL
FURTHER THE PURPOSES OF THIS TITLE.
"(B) ON OR BEFORE SIX MONTHS AFTER THE ENACTMENT OF THIS TITLE, AND
ANNUALLY THEREAFTER, THE SECRETARY SHALL SUBMIT TO THE CONGRESS A
DETAILED REPORT SETTING FORTH A DESCRIPTION OF ALL FEDERAL AGENCY
PROGRAMS WHICH HE FINDS RELEVANT TO ACHIEVING THE PURPOSES OF THIS PART
AND THE EXTENT TO WHICH SUCH PROGRAMS HAVE BEEN MADE AVAILABLE TO
COMMUNITY DEVELOPMENT CORPORATIONS RECEIVING FINANCIAL ASSISTANCE UNDER
THIS PART INCLUDING SPECIFICALLY THE AVAILABILITY AND EFFECTIVENESS OF
PROGRAMS REFERRED TO IN SUBSECTION (A) OF THIS SECTION. WHERE
APPROPRIATE, THE REPORT REQUIRED UNDER THIS SUBSECTION ALSO SHALL
CONTAIN RECOMMENDATIONS FOR THE MORE EFFECTIVE UTILIZATION OF FEDERAL
AGENCY PROGRAMS FOR CARRYING OUT THE PURPOSES OF THIS TITLE.
"COORDINATION AND ELIGIBILITY
"SEC. 745. //42 USC 2985D.// (A) THE DIRECTOR SHALL TAKE ALL
NECESSARY AND APPROPRIATE STEPS TO ENCOURAGE FEDERAL DEPARTMENTS AND
AGENCIES AND STATE AND LOCAL GOVERNMENTS TO MAKE GRANTS, PROVIDE
TECHNICAL ASSISTANCE, ENTER INTO CONTRACTS, AND GENERALLY SUPPORT AND
COOPERATE WITH COMMUNITY DEVELOPMENT CORPORATIONS AND LOCAL COOPERATIVE
ASSOCIATIONS.
"(B) ELIGIGILITY FOR ASSISTANCE UNDER OTHER FEDERAL PROGRAMS SHALL
NOT BE DENIED TO ANY APPLICANT ON THE GROUND THAT IT IS A COMMUNITY
DEVELOPMENT CORPORATION OR ANY OTHER ENTITY ASSISTED UNDER THIS TITLE.
"EVALUATION AND RESEARCH
"SEC. 746. //42 USC 2985E.// (A) EACH PROGRAM FOR WHICH GRANTS ARE
MADE UNDER THIS TITLE SHALL PROVIDE FOR A THOROUGH EVALUATION OF THE
EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS PURPOSES, WHICH EVALUATION
SHALL BE CONDUCTED BY SUCH PUBLIC OR PRIVATE ORGANIZATIONS AS THE
DIRECTOR, IN CONSULTATION WITH EXISTING GRANTEES FAMILIAR WITH PROGRAMS
CARRIED OUT UNDER THIS ACT, MAY DESIGNATE, AND ALL OR PART OF THE COSTS
OF EVALUATION MAY BE PAID FROM FUNDS APPROPRIATED TO CARRY OUT THIS
PART. IN EVALUATING THE PERFORMANCE OF ANY COMMUNITY DEVELOPMENT
CORPORATION FUNDED UNDER PART A OF THIS TITLE, THE CRITERIA FOR
EVALUATION SHALL BE BASED UPON SUCH PROGRAM OBJECTIVES, GOALS, AND
PRIORITIES AS ARE CONSISTENT WITH THE PURPOSES OF THIS TITLE AND WERE
SET FORTH BY SUCH COMMUNITY DEVELOPMENT CORPORATION IN ITS PROPOSAL FOR
FUNDING AS APPROVED AND AGREED UPON BY THE DIRECTOR OR AS SUBSEQUENTLY
MODIFIED FROM TIME TO TIME BY MUTUAL AGREEMENT BETWEEN THE DIRECTOR AND
SUCH COMMUNITY DEVELOPMENT CORPORATION.
"(B) THE DIRECTOR SHALL CONDUCT, EITHER DIRECTLY OR THROUGH GRANTS OR
OTHER ARRANGEMENTS, RESEARCH DESIGNED TO SUGGEST NEW PROGRAMS AND
POLICIES TO ACHIEVE THE PURPOSES OF THIS TITLE IN SUCH WAYS AS TO
PROVIDE OPPORTUNITIES FOR EMPLOYMENT, OWNERSHIP, AND A BETTER QUALITY OF
LIFE FOR LOW-INCOME RESIDENTS.
"PLANNING GRANTS
"SEC. 747. //42 USC 2985F.// IN ORDER TO FACILITATE THE PURPOSES OF
THIS TITLE, THE DIRECTOR IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE
TO ANY PUBLIC OR PRIVATE NONPROFIT AGENCY OR ORGANIZATION FOR PLANNING
OF COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS AND COOPERATIVE PROGRAMS
UNDER THIS TITLE.
"NONDISCRIMINATION PROVISIONS
"SEC. 748. //42 USC 2985G.// (A) THE DIRECTOR SHALL NOT PROVIDE
FINANCIAL ASSISTANCE FOR ANY PROGRAM, PROJECT, OR ACTIVITY UNDER THIS
TITLE UNLESS THE GRANT OR CONTRACT WITH RESPECT THERETO SPECIFICALLY
PROVIDE THAT NO PERSON WITH RESPONSIBILITIES IN THE OPERATION THEREOF
WILL DISCRIMINATE WITH RESPECT TO ANY SUCH PROGRAM, PROJECT, OR ACTIVITY
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, POLITICAL
AFFILIATION, OR BELIEFS.
"(B) NO PERSON IN THE UNITED STATES SHALL ON THE GROUND OF SEX BE
EXCLUDED FROM PARTICIPATION IN, BE DENIED THE BENEFITS OF, BE SUBJECTED
TO DISCRIMINATION UNDER, OR BE DENIED EMPLOYMENT IN CONNECTION WITH ANY
PROGRAM OR ACTIVITY RECEIVING ASSISTANCE UNDER THIS TITLE. THE DIRECTOR
SHALL ENFORCE THE PROVISIONS OF THE PRECEDING SENTENCE IN ACCORDANCE
WITH SECTION 602 OF THE CIVIL RIGHTS ACT OF 1964. //42 USC 2000D - 1.//
SECTION 603 OF SUCH ACT SHALL APPLY WITH RESPECT TO ANY ACTION TAKEN BY
THE SECRETARY TO ENFORCE SUCH SENTENCE. //42 USC 2000D - 2.// THIS
SECTION SHALL NOT BE CONSTRUED AS AFFECTING ANY OTHER LEGAL REMEDY THAT
A PERSON MAY HAVE IF THAT PERSON IS EXCLUDED FROM PARTICIPATION IN,
DENIED THE BENEFIRS OF, SUBJECTED TO DISCRIMINATION UNDER, OR DENIED
EMPLOYMENT IN CONNECTION WITH, ANY PROGRAM, PROJECT, OR ACTIVITY
RECEIVING ASSISTANCE UNDER THIS TITLE."
NATIVE AMERICAN PROGRAMS
SEC. 11. THE ECONOMIC OPPORTUNITY ACT OF 1964 IS FURTHER AMENDED BY
INSERTING AFTER THE TITLE VII THEREOF THE FOLLOWING NEW TITLE VIII:
"SHORT TITLE
"SEC. 801. //42 USC 2991.// THIS TITLE MAY BE CITED AS THE 'NATIVE
AMERICAN PROGRAMS ACT OF 1974'.
"STATEMENT OF PURPOSE
"SEC. 802. //42 USC 2991A.// THE PURPOSE OF THIS TITLE IS TO PROMOTE
THE GOAL OF ECONOMIC AND SOCIAL SELF-SUFFICIENCY FOR AMERICAN INDIANS,
HAWAIIAN NATIVES AND ALASKEN NATIVES.
"FINANCIAL ASSISTANCE FOR NATIVE AMERICAN PROJECTS
"SEC. 803. //42 USC 2991B.// (A) THE SECRETARY IS AUTHORIZED TO
PROVEDE FINANCIAL ASSISTANCE TO PUBLIC AND NONPROFIT PRIVATE AGENCIES,
INCLUDING BUT NOT LIMITED TO, GOVERNIN G BODIES OF INDIAN TRIBES ON
FEDERAL AND STATE RESERVATIONS, ALASKAN NATIVE VILLAGES AND REGIONAL
CORPORATIONS ESTABLISHED BY THE ALASKA NATIVE CLAIMS SETTLEMENT ACT, AND
SUCH PUBLIC AND NONPROFIT PRIVATE AGENCIES SERVING HAWAIIAN NATIVES, AND
INDIAN ORGANIZATIONS IN URBAN OR RURAL NONRESERVATION AREAS, FOR
PROJECTS PERTAINING TO THE PURPOSES OF THIS TITLE. //43 USC 1061
NOTE.// IN DETERMINING THE PROJECTS TO BE ASSISTED UNDER THIS TITLE, THE
SECRETARY SHALL CONSULT WITH OTHER FEDERAL AGENCIES FOR THE PURPOSE OF
ELIMINATING DUPLICATION OR CONFLICT AMONG SIMILAR ACTIVITIES OR PROJECTS
AND FOR THE PURPOSE OF DETERMINING WHETHER THE FINDINGS RESULTING FROM
THOSE PROJECTS MAY BE INCORPORATED INTO ONE OR MORE PROGRAMS FOR WHICH
THOSE AGENCIES ARE RESPONSIBLE.
"(B) FINANCIAL ASSISTANCE EXTENDED TO AN AGENCY UNDER THIS TITLE
SHALL NOT EXCEED 80 PER CENTUM OF THE APPROVED COSTS OF THE ASSISTED
PROJECT, EXCEPT THAT THE SECRETARY MAY APPROVE ASSISTANCE IN EXCESS OF
SUCH PERCENTAGE IF HE DETERMINES, IN ACCORDANCE WITH REGULATIONS
ESTABLISHING OBJECTIVE CRITERIA, THAT SUCH ACTION IS REQUIRED IN
FURTHERANCE OF THE PURPOSES OF THIS TITLE. NON-FEDERAL CONTRIBUTIONS
MAY BE IN CASH OR IN KIND, FAIRLY EVALUATED, INCLUDING BUT NOT LIMITED
TO PLANT, EQUIPMENT, AND SERVICES. THE SECRETARY SHALL NOT REQUIRE
NON-FEDERAL CONTRIBUTIONS IN EXCESS OF 20 PER CENTUM OF THE APPROVED
COSTS OF PROGRAMS OR ACTIVITIES ASSISTED UNDER THIS TITLE.
"(C) NO PROJECT SHALL BE APPROVED FOR ASSISTANCE UNDER THIS TITLE
UNLESS THE SECRETARY IS SATISFIED THAT THE ACTIVITIES TO BE CARRIED OUT
UNDER SUCH PROJECT WILL BE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR,
COMPARABLE ACTIVITIES PREVIOUSLY CARRIED OUT WITHOUT FEDERAL ASSISTANCE,
EXCEPT THAT THE SECRETARY MAY WAIVE THIS REQUIREMENT IN ANY CASE IN
WHICH HE DETERMINES, IN ACCORDANCE WITH REGULATIONS ESTABLISHING
OBJECTIVE CRITERIA, THAT APPLICATION OF THE REQUIREMENT WOULD RESULT IN
UNNECESSARY HARDSHIP OR OTHERWISE BE INCONSISTENT WITH THE PURPOSES OF
THIS TITLE.
"TECHNICAL ASSISTANCE AND TRAINING
"SEC. 804. //42 USC 2991C.// THE SECRETARY MAY PROVIDE, DIRECTLY OR
THROUGH OTHER ARRANGEMENTS, (1) TECHNICAL ASSISTANCE TO PUBLIC AND
PRIVATE AGENCIES IN DEVELOPING, CONDUCTING, AND ADMINISTERING PROJECTS
UNDER THIS TITLE, AND (2) SHORT-TERM I-SERVICE TRAINING FOR SPECIALIZED
OR OTHER PERSONNEL WHICH IS NEEDED IN CONNECTION WITH PROJECTS RECEIVING
FINANCIAL ASSISTANCE UNDER THIS TITLE.
"RESEARCH, DEMONSTRATION, AND PILOT PROJECTS
"SEC. 805. //42 USC 2991D.// (A) THE SECRETARY MAY PROVIDE FINANCIAL
ASSISTANCE THROUGH GRANTS OR CONTRACTS FOR RESEARCH, DEMONSTRATION, OR
PILOT PROJECTS CONDUCTED BYZ PUBLIC OR PRIVATE AGENCIES WHICH ARE
DESIGNED TO TEST OR ASSIST IN THE DEVELOPMENT OF NEW APPROACHES OR
METHODS THAT WILL AID IN OVERCOMING SPECIAL PROBLEMS OR OTHERWISE
FURTHERING THE PURPOSES OF THIS TITLE.
"(B) THE SECRETARY SHALL ESTABLISH AN OVERALL PLAN TO GOVERN THE
APPROVAL OF RESEARCH, DEMONSTRATION, OR PILOT PROJECTS
"SEC. 806. //42 USC 2991E.// (A) THE SECRETARY SHALL MAKE A PUBLIC
ANNOUNCEMENT CONCERNING--
"(1) THE TITLE, PURPOSE, INTENDED COMPLETION DATE, IDENTITY OF
THE GRANTEE OR CONTRACTOR, AND PROPOSED COST OF ANY GRANT OR
CONTRACT WITH A PRIVATE OR NON-FEDERAL PUBLIC AGENCY FOR A
RESEARCH, DEMONSTRATION, OR PILOT PROJECT; AND
"(2) EXCEPT IN CASES IN WHICH THE SECRETARY DETERMINES THAT IT
WOULD NOT BE CONSISTENT WITH THE PURPOSES OF THIS TITLE, THE
RESULTS, FINDINGS, DATA, OR RECOMMENDATIONS MADE OR REPORTED AS A
RESULT OF SUCH ACTIVITIES.
"(B) THE PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (A) SHALL BE
MADE WITHIN THIRTY DAYS OF MAKING SUCH GRANTS OR CONTRACTS, AND THE
PUBLIC ANNOUNCEMENTS REQUIRED BY SUBSECTION (B) OF THIS SECTION SHALL BE
MADE WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH RESULTS.
"SUBMISSION OF PLANS TO STATE AND LOCAL OFFICIALS
"SEC. 807. //42 USC 2991F.// (A) NO FINANCIAL ASSISTANCE MAY BE
PROVIDED TO ANY PROJECT UNDER SECTION 803 OF THIS TITLE OR ANY RESEARCH,
DEMONSTRATION, OR PILOT PROJECT UNDER SECTION 805 OF THIS TITLE, WHICH
IS TO BE CARRIED OUT ON OR IN AN INDIAN RESERVATION OR ALASKAN NATIVE
VILLAGE, UNLESS A PLAN SETTING FORTH THE PROJECT HAS BEEN SUBMITTED TO
THE GOVERNING BODY OF THAT RESERVATION OR VILLAGE AND THE PLAN HAS NOT
BEEN DISAPPROVED BY THE GOVERNING BODY WITHIN THIRTY DAYS OF ITS
SUBMISSION.
"(B) NO FINANCIAL ASISTANCE MAY BE PROVIDED TO ANY PROJECT UNDER
SECTION 803 OF THIS TITLE OR ANY RESEARCH, DEMONSTRATION, OR PILOT
PROJECT UNDER SECTION 805 OF THIS TITLE, WHICH IS TO BE CARRIED OUT IN A
STATE OTHER THAN ON OR IN AN INDIAN RESERVATION OR ALASKAN NATIVE
VILLAGE OR HAWAIIAN HOMESTEAD, UNLESS THE SECRETARY HAS NOTIFIED THE
CHIEF EXECUTIVE OFFICER OF THE STATE OF HIS DECISION TO PROVIDE THAT
ASSISTANCE.
"(C) NO FINANCIAL ASSISTANCE MAY BE PROVIDED TO ANY PROJECT UNDER
SECTION 803 OF THIS TITLE OR ANY RESEARCH, DEMONSTRATION, OR PILOT
PROJECT UNDER SECTION 805 OF THIS TITLE, WHICH IS TO BE CARRIED OUT IN A
CITY, COUNTY, OR OTHER MAJOR POLITICAL SUBDIVISION OF A STATE, OTHER
THAN ON OR IN AN INDIAN RESERVATION OR ALASKAN NATIVE VILLAGE, OR
HAWAIIAN HOMESTEAD, UNLESS THE SECRETARY HAS NOTIFIED THE LOCAL
GOVERNING OFFICIALS OF THE POLITICAL SUBDIVISION OF HIS DECISION TO
PROVIDE THAT ASSISTANCE.
"RECORDS AND AUDITS
"SEC. 808. //42 USC 2991G.// (A) EACH AGENCY WHICH RECEIVES
FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL KEEP SUCH RECORDS AS THE
SECRETARY MAY PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE THE
AMOUNT AND DISPOSITION BY THAT AGENCY OF SUCH FINANCIAL ASSISTANCE, THE
TOTAL COST OF THE PROJECT IN CONNECTION WITH WHICH SUCH FINANCIAL
ASSISTANCE IS GIVEN OR USED, THE AMOUNT OF THAT PORTION OF THE COST OF
THE PROJECT SUPPLIED BY OTHER SOURCES, AND SUCH OTHER RECORDS AS WILL
FACILITATE AN EFFECTIVE AUDIT.
"(B) THE SECRETARY AND THE COMPTROLLER GENERAL OF THE UNITED STATES,
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR
THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS OF ANY AGENCY WHICH RECEIVES FINANCIAL ASSISTANCE UNDER THIS
TITLE THAT ARE PERTINENT TO THE FINANCIAL ASSISTANCE RECEIVED UNDER THIS
TITLE.
"APPEALS, NOTICE, AND HEARING
"SEC. 809. //42 USC 2991H.// THE SECRETARY SHALL PRESCRIBE
PROCEDURES TO ASSURE THAT--
"(1) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
SUSPENDED, EXCEPT IN EMERGENCY SITUATIONS, UNLESS THE ASSISTED
AGENCY HAS BEEN GIVEN REASONABLE NOTICE AND OPPORTUNITY TO SHOW
CAUSE WHY SUCH ACTION SHOULD NOT BE TAKEN; AND
"(2) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
TERMINATED, AND APPLICATION FOR REFUNDING SHALL NOT BE DENIED, AND
A SUSPENSION OF FINANCIAL ASSISTANCE SHALL NOT BE CONTINUED FOR
LONGER THAN THIRTY DAYS, UNLESS THE ASSISTED AGENCY HAS BEEN
AFFORDED REASONABLE NOTICE AND OPPORTUNITY FOR A FULL AND FAIR
HEARING.
"EVALUATION
"SEC. 810. //42 USC 2992.// (A) THE SECRETARY SHALL PROVIDE,
DIRECTLY OR THROUGH GRANTS OR CONTRACTS, FOR THE EVALUATION OF PROJECTS
ASSISTED UNDER THIS TITLE, INCLUDING EVALUATIONS THAT DESCRIBE AND
MEASURE THE IMPACT OF SUCH PROJECTS, THEIR EFFECTIVENESS IN ACHIEVING
STATED GOALS, THEIR IMPACT ON RELATED PROGRAMS, AND THEIR STRUCTURE AND
MECHANISMS FOR DELIVERY OF SERVICES, INCLUDING, WHERE APPROPRIATE,
COMPARISONS WITH APPROPRIATE CONTROL GROUPS COMPOSED OF PERSONS WHO HAVE
NOT PARTICIPATED IN SUCH PROJECTS. EVALUATIONS SHALL BE CONDUCTED BY
PERSONS NOT DIRECTLY INVOLVED IN THE ADMINISTRATION OF THE PROGRAM OR
PROJECT EVALUATED.
"(B) PRIOR TO OBLIGATING FUNDS FOR THE PROGRAMS AND PROJECTS COVERED
BY THIS TITLE WITH RESPECT TO FISCAL YEAR 1976, THE SECRETARY SHALL
DEVELOP AND PUBLISH GENERAL STANDARDS FOR EVALUATION OF PROGRAM AND
PROJECT EFFECTIVENESS IN ACHIEVING THE OBJECTIVES OF THIS TITLE. THE
EXTENT TO WHICH SUCH STANDARDS HAVE BEEN MET SHALL BE CONSIDERED IN
DECIDING WHETHER TO RENEW OR SUPPLEMENT FINANCIAL ASSISTANCE AUTHORIZED
INDER THIS TITLE.
"(C) IN CARRYING OUT EVALUATIONS UNDER THIS TITLE, THE SECRETARY MAY
REQUIRE AGENCIES WHICH RECEIVE ASSISTANCE UNDER THIS TITLE TO PROVIDE
FOR INDEPENDENT EVALUATIONS.
"(D) IN CARRYING OUT EVALUATIONS UNDER THIS TITLE, THE SECRETARY
SHALL, WHENEVER FEASIBLE, ARRANGE TO OBTAIN THE SPECIFIC VIEWS OF
PERSONS PARTICIPATING IN AND SERVED BY PROGRAMS AND PROJECTS ASSISTED
UNDER THIS TITLE ABOUT SUCH PROGRAMS AND PROJECTS.
"(E) THE SECRETARY SHALL PUBLISH THE RESULTS OF EVALUATIVE RESEARCH
AND SUMMARIES OF EVALUATIONS OF PROGRAM AND PROJECT IMPACT AND
EFFECTIVENESS NOT LATER THAN NINETY DAYS AFTER THE COMPLETION THEREOF.
THE SECRETARY SHALL SUBMIT TO THE APPROPRIATE COMMITTEES OF THE CONGRESS
COPIES OF ALL SUCH RESEARCH STUDIES AND EVALUATION SUMMARIES.
"(F) THE SECRETARY SHALL TAKE THE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, EVALUATIONS, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH
ASSISTANCE UNDER THIS TITLE SHALL BECOME THE PROPERTY OF THE UNITED
STATES.
"SEC. 811. //42 USC 2992A.// ALL LABORERS AND MECHANICS EMPLOYED BY
CONTRACTORS OR SUBCONTRACTORS IN THE CONSTRUCTION, ALTERATION, OR
REPAIR, INCLUDING PAINTING OR DECORATING, OF BUILDINGS OR OTHER
FACILITIES IN CONNECTION WITH PROJECTS ASSISTED UNDER THIS TITLE, SHALL
BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR
CONSTRUCTION IN THE LOCALITY, AS DETERMINED BY THE SECRETARY OF LABOR IN
ACCORDANCE WITH THE DAVIS-BACON ACT. //42 USC 276A NOTE.// THE
SECRETARY OF LABOR SHALL HAVE, WITH RESPECT TO SUCH LABOR STANDARDS, THE
AUTHORITY AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF
1950, AND SECTION 2 OF THE ACT OF JUNE 1, 1934. //5 USC APP II.//
"DELEGATION OF AUTHORITY
"SEC. 812. //42 USC 2992B.// (A) THE SECRETARY IS AUTHORIZED TO
DELEGATE TO THE HEADS OF OTHER DEPARTMENTS AND AGENCIES OF THE FEDERAL
GOVERNMENT ANY OF HIS FUNCTIONS, POWERS, AND DUTIES UNDER THIS TITLE, AS
HE MAY DEEM APPROPRIATE, AND TO AUTHORIZE THE REDELEGATION OF SUCH
FUNCTIONS, POWERS, AND DUTIES BY THE HEADS OF SUCH DEPARTMENTS AND
AGENCIES.
"(B) DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT SHALL
EXERCISE THEIR POWERS, DUTIES, AND FUNCTIONS IN SUCH MANNER AS WILL
ASSIST IN CARRYING OUT THE OBJECTIVES OF THIS TITLE.
"(C) FUNDS APPROPRIATED FOR THE PURPOSE OF CARRYING OUT THIS TITLE
MAY BE TRANSFERRED BETWEEN DEPARTMENTS AND AGENCIES OF THE GOVERNMENT,
IF SUCH FUNDS ARE USED FOR THE PURPOSES FOR WHICH THEY ARE AUTHORIZED
AND APPROPRIATED.
"DEFINITIONS
"SEC. 813. //42 USC 2992C.// AS USED IN THIS TITLE, THE TERM--,
"(1) 'FINANCIAL ASSISTANCE' INCLUDES ASSISTANCE ADVANCED BY
GRANT, AGREEMENT, OR CONTRACT, BUT DOES NOT INCLUDE THE
PROCUREMENT OF PLANT OR EQUIPMENT, OR GOODS OR SERVICES;
"(2) 'INDIAN RESERVATION OR ALASKAN NATIVE VILLAGE' INCLUDES
THE RESERVATION OF ANY FEDERALLY OR STATE RECOGNIZED INDIAN TRIBE,
INCLUDING ANY BAND, NATION, PUEBLO, OR RANCHERIA, ANY FORMER
RESERVATION IN OKLAHOMA, ANY COMMUNITY UNDER THE JURISDICTION OF
AN INDIAN TRIBE, INCLUDING A BAND, NATION, PUEBLO, OR RANCHERIA,
WITH ALLOTTED LANDS OR LANDS SUBJECT TO A RESTRICTION AGAINST
ALEINATION IMPOSED BY THE UNITED STATES OR A STATE, AND ANY LANDS
OF OR UNDER THE JURISDICTION OF AN ALASKAN NATIVE VILLAGE OR
GROUP, INCLUDING ANY LANDS SELECTED BY ALASKAN NATIVES OR ALASKAN
NATIVE ORGANIZATIONS UNDER THE ALASKA NATIVE CLAIMS SETTLEMENT
ACT;
"(3) 'NATIVE HAWAIIAN' MEANS ANY INDIVIDUAL ANY OF WHOSE
ANCESTORS WERE NATIVES OF THE AREA WHICH CONSISTS OF THE HAWAIIAN
ISLANDS PRIOR TO 1778.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 814. //42 USC 2992D.// THERE ARE AUTHORIZED TO BE APPROPRIATED
FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS TITLE, SUCH SUMS
AS MAY BE NECESSARY FOR FISCAL YEARS 1975 THROUGH 1977."
EVALUATION
SEC. 12. TITLE IX OF THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED
TO READ AS FOLLOWS:
"PROGRAM AND PROJECT EVALUATION
"SEC. 901. //42 USC 2995.// (A)(1) THE DIRECTOR SHALL, DIRECTLY OR
THROUGH GRANTS OR CONTRACTS, MEASURE AND EVALUATE THE IMPACT OF ALL
PROGRAMS AUTHORIZED BY THIS ACT AND OF POVERTY-RELATED PROGRAMS
AUTHORIZED BY OTHER ACTS, IN ORDER TO DETERMINE THEIR EFFECTIVENESS IN
ACHIEVING STATED GOALS, THEIR IMPACT ON RELATED PROGRAMS, AND THEIR
STRUCTURE AND MECHANISMS FOR DELIVERY OF SERVICES, INCLUDING WHERE
APPROPRIATE, COMPARISONS WITH APPROPRIATE CONTROL GROUPS COMPOSED OF
PERSONS WHO HAVE NOT PARTICIPATED IN SUCH PROGRAMS. EVALUATIONS SHALL
BE CONDUCTED BY PERSONS NOT DIRECTLY INVOLVED IN THE ADMINISTRATION OF
THE PROGRAM OR PROJECT EVALUATED.
"(2) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION, THE
DIRECTOR, IN THE CASE OF RESEARCH, DEMONSTRATIONS, AND RELATED
ACTIVITIES CARRIED OUT UNDER TITLE I OF THIS ACT, SHALL, AFTER TAKING
INTO CONSIDERATION THE VIEWS OF STATE AGENCIES AND COMMUNITY ACTION
AGENCIES DESIGNATED PURSUANT TO SECTION 210 OF THIS ACT, //ANTE P.
2294.// ON AN ANNUAL BASIS--
"(A) REASSESS PRIORITIES TO WHICH SUCH ACTIVITIES SHOULD BE
DIRECTED; AND
"(B) REVIEW PRESENT RESEARCH, DEMONSTRATION, AND RELATED
ACTIVITIES TO DETERMINE, IN TERMS OF THE PURPOSE SPECIFIED FOR
SUCH ACTIVITIES IN SECTION 102(A) OF THIS ACT, //ANTE, P. 2292.//
WHETHER AND ON WHAT BASIS SUCH ACTIVITIES SHOULD BE CONTINUED,
REVISED, OR TERMINATED.
"(3) THE DIRECTOR SHALL, WITHIN 12 MONTHS AFTER THE DATE OF ENACTMENT
OF THIS ACT, AND ON EACH APRIL 1 THEREAFTER, PREPARE AND FURNISH TO THE
APPROPRIATE COMMITTEES OF THE CONGRESS A COMPLETE REPORT ON THE
DETERMINATION AND REVIEW CARRIED OUT UNDER PARAGRAPH (2) OF THIS
SUBSECTION, TOGETHER WITH SUCH RECOMMENDATIONS, INCLUDING ANY
RECOMMENDATIONS FOR ADDITIONAL LEGISLATION, AS HE DEEMS APPROPRIATE.
"(B) PRIOR TO OBLIGATING FUNDS FOR THE PROGRAMS AND PROJECTS COVERED
BY THIS ACT WITH RESPECT TO FISCAL YEAR 1976, THE DIRECTOR SHALL DEVELOP
AND PUBLISH GENERAL STANDARDS FOR EVALUATION OF PROGRAM AND PROJECT
EFFECTIVENESS IN ACHIEVING THE OBJECTIVES OF THIS ACT. THE EXTENT TO
WHICH SUCH STANDARDS HAVE BEEN MET SHALL BE CONSIDERED IN DECIDING
WHETHER TO RENEW OR SUPPLEMENT FINANCIAL ASSISTANCE AUTHORIZED UNDER ANY
SECTION OF THIS ACT. REPORTS SUBMITTED PURSUANT TO SECTION 608 OF THIS
ACT SHALL DESCRIBE THE ACTIONS TAKEN AS A RESULT OF THESE EVALUATIONS.
//42 USC 2948.//
"(C) IN CARRYING OUT EVALUATIONS UNDER THIS TITLE, THE DIRECTOR
SHALL, WHENEVER FEASIBLE, ARRANGE TO OBTAIN THE SPECIFIC VIEWS OF
PERSONS PARTICIPATING IN AND SERVED BY PROGRAMS AND PROJECTS ASSISTED
UNDER THIS ACT ABOUT SUCH PROGRAMS AND PROJECTS, AND SHALL CONSULT, WHEN
APPROPRIATE, WITH STATE AGENCIES AND COMMUNITY ACTION AGENCIES
DESIGNATED PURSUANT TO SECTION 210, ANTE, P. 2294.// IN ORDER TO PROVIDE
FOR JOINTLY SPONSORED OBJECTIVE EVALUATION STUSIES ON A STATE OR
AREAWIDE BASIS.
"(D) THE DIRECTOR SHALL PUBLISH THE RESULTS OF EVALUATIVE RESEARCH
AND SUMMARIES OF EVALUATIONS OF PROGRAM AND PROJECT IMPACT AND
EFFECTIVENESS NOT LATER THAN NINETY DAYS AFTER THE COMPLETION THEREOF.
THE DIRECTOR SHALL SUBMIT TO THE APPROPRIATE COMMITTEES OF THE CONGRESS
COPIES OF ALL SUCH RESEARCH STUDIES AND EVALUATION SUMMARIES.
"(E) THE DIRECTOR SHALL TAKE THE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, EVALUATIONS, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH
ASSISTANCE UNDER THIS ACT SHALL BECOME THE PROPERTY OF THE UNITED
STATES.
"COOPERATION OF AND CONSULTATION WITH OTHER FEDERAL AGENCIES
"SEC. 902. //42 USC 2995A.// (A) SUCH INFORMATION AND COOPERATION AS
THE DIRECTOR MAY DEEM NECESSARY FOR PURPOSES OF THE EVALUATIONS
CONDUCTED UNDER THIS TITLE SHALL BE MADE AVAILABLE TO HIM, UPON REQUEST,
BY THE AGENCIES OF THE EXECUTIVE BRANCH.
"(B) IN CARRYING OUT EVALUATIONS UNDER THIS TITLE, THE DIRECTOR SHALL
CONSULT WITH THE HEADS OF OTHER FEDERAL AGENCIES CARRYING OUT ACTIVITIES
RELATED TO THE SUBJECT MATTER OF THOSE EVALUATIONS.
"EVALUATION BY OTHER ADMINISTERING AGENCIES
"SEC. 903. //42 USC 2995B.// THE HEAD OF ANY AGENCY ADMINISTERING A
PROGRAM AUTHORIZED UNDER THIS ACT MAY, WITH RESPECT TO SUCH PROGRAM,
CONDUCT EVALUATIONS AND TAKE OTHER ACTIONS AUTHORIZED UNDER THIS TITLE
TO THE SAME EXTENT AND IN THE SAME MANNER AS THE DIRECTOR UNDER THIS
PART. NOTING IN THIS SECTION SHALL PRECLUDE THE DIRECTOR FROM
CONDUCTING SUCH EVALUATIONS OR TAKING SUCH ACTIONS OTHERWISE AUTHORIZED
UNDER THIS TITLE WITH RESPECT TO SUCH PROGRAMS."
CONGRESSIONAL REVIEW
SEC. 13. (A) THE SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE AND
THE HOUSE COMMITTEE ON EDUCATION AND LABOR SHALL CONDUCT JOINT STUDY
WHICH SHALL INCLUDE-- //42 USC 2981 NOTE.//
(1) A CONSIDERATION OF AN APPROPRIATE ADMINISTRATIVE AGENCY FOR
THE CONDUCT OF PROGRAMS AFTER JULY 1, 1975, UNDER TITLE VII OF THE
ECONOMIC OPPORTUNITY ACT, //42 USC 2981.//
(2) REVIEW THE EXTENT TO WHICH PROGRAMS AND ACTIVITIES
CONDUCTED UNDER TITLE VII OF THE ECONOMIC OPPORTUNITY ACT MEET THE
OVERALL NEED IN THE NATION FOR COMMUNITY ECONOMIC DEVELOPMENT
PROGRAMS AND THE RESOURCES AVAILABLE FROM PUBLIC AND PRIVATE FUNDS
IN METING THOSE NEEDS, AND
(3) THE EXTENT TO WHICH THERE IS MAXIMUM UTILIZATION OF THE
RESOURCES OF ALL FEDERAL AGENCIES HAVING RESPONSIBILITIES UNDER
TITLE VII OF THE ECONOMIC OPPORTUNITY ACT, AND OTHER PUBLIC AND
PRIVATE AGENCIES AND ORGANIZATIONS.
(B) THE SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE AND THE HOUSE
COMMITTEE ON EDUCATION AND LABOR SHALL SUBMIT SUCH REPORTS AS THEY DEEM
APPROPRIATE ON THEIR FINDINGS, TOGETHER WITH ANY RECOMMENDATIONS FOR
FURTHER LEGISLATION, NOT LATER THAN ONE YEAR AFTER ENACTMENT OF THIS
TITLE.
EXTENSION OF PROGRAM AUTHORITY
SEC. 14. (A) SECTIONS 245, 321, AND 615 OF THE ECONOMIC OPPORTUNITY
ACT OF 1964, ARE EACH AMENDED BY STRIKING OUT "EIGHT SUCCEEDING FISCAL
YEARS" AND INSERTING IN LIEU THEREOF "ELEVEN SUCCEEDING FISCAL YEARS".
//42 USC 2837, 2871, 2965.//
(B) SECTION 523 OF SUCH ACT (REDESIGNATED AS SECTION 583 BY SECTION
3(C) OF THIS ACT) IS AMENDED BY STRIKING OUT "SEVEN SUCCEEDING FISCAL
YEARS" AND INSERTING IN LIEU THEREOF "TEN SUCCEEDING FISCAL YEARS".
//42 USC 2933.//
AUTHORIZATION OF APPROPRIATIONS
SEC. 15. (A)(1) FOR THE PURPOSE OF CARRYING OUT TITLE I, TITLE II,
TITLE III, TITLE IV, TITLE V, TITLE VI, TITLE VII, TITLE VIII, AND TITLE
IX OF THE ECONOMIC OPPORTUNITY ACT OF 1964, THERE ARE AUTHORIZED TO BE
APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR EACH OF THE FISCAL YEARS
1975 THROUGH 1977. //42 USC 2707, ANTE, P. 2292, 42 USC 2841, 2901,
2921, 2941, ANTE, PP. 2315, 2324, 2328.//
(2) FOR THE PURPOSE OF LCARRYING OUT THE PROGRAMS AUTHORIZED UNDER
SECTION 221 THERE IS AUTHORIZED TO BE APPROPRIATED $330,000,000 FOR THE
FISCAL YEAR 1975 AND SUCH SUMS AS MAY BE NECESSARY FOR EACH OF THE TWO
SUCCEEDING FISCAL YEARS. //42 USC 2808.//
(B) UNLESS THE CONGRESS HAS PASSED OR FORMALLY REJECTED LEGISLATION
EXTENDING THE AUTHORIZATIONS OF APPROPRIATIONS FOR CARRYING OUT ANY
TITLE OF THE ECONOMIC OPPORTUNITY ACT OF 1964 SPECIFIED IN SUBSECTION
//42 USC 2701 NOTE.// (A) OF THIS SECTION, OR ADOPTS A CONCURRENT
RESOLUTION PROVIDING THAT THE PROVISIONS OF THIS SUBSECTION SHALL NOT
APPLY, THE AUTHORIZATIONS OF APPROPRIATIONS SPECIFIED IN SUBSECTION (A)
ARE HEREBY AUTOMATICALLY EXTENDED FOR ONE ADDITIONAL FISCAL YEAR BEYOND
THE TERMINAL YEAR SPECIFIED IN THE ECONOMIC OPPORTUNITY ACT OF 1964 OR
IN THIS SECTION.
REPEALER
SEC. 16. (A) SECTION 115 OF THE ECONOMIC OPPORTUNITY AMENDMENTS OF
1969 IS REPEALED. //42 USC 2705.//
(B) SECTION 301 OF THE ECONOMIC OPPORTUNITY AMENDMENTS OF 1967 IS
REPEALED. //42 USC 2703.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1043 (COMM. ON EDUCATION AND LABOR) AND NO.
93 - 1639 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 1291 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 28, 29, CONSIDERED AND PASSED HOUSE.
DEC. 5, 10, 11, 13, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 19, SENATE AGREED TO CONFERENCE REPORT.
DEC. 20, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 11, NO. 2:
JAN. 4, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-643, 88 STAT 2281, FEDERAL-AID HIGHWAY AMENDMENTS OF
1974.
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 "FEDERAL-AID HIGHWAY AMENDMENTS OF 1974."
HIGHWAY AUTHORIZATIONS
SEC. 101. FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF TITLE 23,
UNITED STATES CODE, THE FOLLOWING SUMS ARE HEREBY AUTHORIZED TO BE
APPROPRIATED: //23 USC 101 NOTE, 23 USC 101 ET SEQ.//
(1) FOR THE FEDERAL-AID PRIMARY SYSTEM IN RURAL AREAS, OUT OF THE
HIGHWAY TRUST FUND, AN ADDITIONAL $100,000,000 FOR THE FISCAL YEAR 1976.
FOR THE FEDERAL-AID SECONDARY SYSTEM IN RUAL AREAS, OUT OF THE HIGHWAY
TRUST FUND, AN ADDITIONAL $50,000,000 FOR THE FISCAL YEAR 1976. SUMS
AUTHORIZED BY THIS PARAGRAPH ARE IN ADDITION TO THE AUTHORIZATIONS FOR
FISCAL YEAR 1976 FOR THESE SYSTEMS IN SECTION 104(A)(1) OF THE
FEDERAL-AID HIGHWAY ACT OF 1973. //87 STAT. 251.//
(2) FOR CONTROL OF OUTDOOE ADVERTISING UNDER SECTION 131 OF TITLE 23,
UNITED STATES CODE, $50,000,000 FOR THE FISCAL YEAR 1975.
(3) FOR CONTROL OF JUNKYARDS UNDER SECTION 136 OF TITLE 23, UNITED
STATES CODE, $15,000,000 FOR THE FISCAL YEAR 1975.
(4) FOR LANDSCAPING THE SCENIC ENHANCEMENT UNDER SECTION 319(B) OF
TITLE 23, UNITED STATES CODE, $10,000,000 FOR THE FISCAL YEAR 1975.
(5) NOTHING IN PARAGRAPH (1) OR (6) OF THIS SECTION SHALL BE
CONSTRUED TO AUTHORIZE THE APPROPRIATION OF ANY SUMS TO CARRY OUT
SECTION 131, 136, 319(B), OR CHAPTER 4 OF TITLE 23, UNITED STATES CODE.
(6) FOR OFF-SYSTEM ROADS UNDER SECTION 219, TITLE I3, UNITED STATES
CODE, $200,000,000 FOR THE FISCAL YEAR 1976.
INDIAN RESERVATION ROADS AND BRIDGES
SEC. 102. (A) PARAGRAPH (9) OF SUBSECTION (A) OF SECTION 104 OF THE
FEDERAL-AID HIGHWAY ACT OF 1973 IS AMENDED TO READ AS FOLLOWS: //87
STAT. 252.//
"(9) FOR INDIAN RESERVATION ROADS AND BRIDGES, $83,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, $84,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, AND $83,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976.".
(B) THE DEFINITION OF THE TERM "INDIAN RESERVATION ROADS AND BRIDGES"
IN SUBSECTION (A) OF SECTION 101 OF TITLE 23, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS:
"THE TERM 'INDIAN RESERVATION ROADS AND BRIDGES' MEANS ROADS AND
BRIDGES, INCLUDING ROADS AND BRIDGES ON THE FEDERAL-AID SYSTEMS, THAT
ARE LOCATED WITHIN OR PROVIDE ACCESS TO AN INDIAN RESERVATION OR INDIAN
TRUST LAND OR RESTRICTED INDIAN LAND WHICH IS NOT SUBJECT TO FEE TITLE
ALIENATION WITHOUT THE APPROVAL OF THE FEDERAL GOVERNMENT, OR INDIAN AND
ALASKA NATIVE VILLAGES, GROUPS, OR COMMUNITIES IN WHICH INDIANS AND
ALASKAN NATIVES REDISE, WHOM THE SECRETARY OF THE INTERIOR HAS
DETERMINED ARE ELIGIBLE FOR SERVICES GENERALLY AVAILABLE TO INDIANS
UNDER FEDERAL LAWS SPECIFICALLY APPLICABLE TO INDIANS.".
(C) SECTION 208 OF TITLE 23, UNITED STATES CODE, IS AMENDED BY
RELETTERING SUBSECTIONS (C) AND (D) AS (D) AND (E), RESPECTIVELY, AND
ADDING A NEW SUBSECTION (C) AS FOLLOWS:
"(C) BEFORE APPROVING AS A PROJECT ON AN INDIAN RESERVATION ROAD OR
BRIDGE ANY PROJECT ON A FEDERAL-AID SYSTEM IN A STATE, THE SECRETARY
MUST DETERMINE THAT OBLIGATION OF FUNDS FOR SUCH PROJECT IS
SUPPLEMENTARY TO AND NOT IN LIEU OF THE OBLIGATION, FOR PROJECTS ON
INDIAN RESERVATION ROADS AND BRIDGES, OF A FAIR AND EQUITABLE SHARE OF
FUNDS APPORTIONED TO SUCH STATE UNDER SECTION 104 OF THIS TITLE." //23
USC 104.//
(D) NO FUNDS APPROPRIATED UNDER THE EXPANDED DEFINITION OF THIS
SECTION SHALL BE EXPENDED WITHOUT THE FORMAL CONSENT OF THE GOVERNING
BODY OF THE TRIBE BAND OR GROUP OF INDIANS OR ALASKAN NATIVES FOR WHOSE
USE THE INDIAN RESERVATION ROADS AND BRIDGES ARE INTENDED. //23 USC 101
NOTE.//
RURAL HIGHWAY PUBLIC TRANSPORTATION DEMONSTRATION PROGRAM
SEC. 103. SECTION 147 OF THE FEDERAL-AID HIGHWAY ACT OF 1973 IS
AMENDED TO READ AS FOLLOWS: //23 USC 142 NOTE.//
"(A) TO ENCOURAGE THE DEVELOPMENT, IMPROVEMENT, AND USE OF PUBLIC
MASS TRANSPORTATION SYSTEMS OPERATING VEHICLES ON HIGHWAYS FOR
TRANSPROTATION OF PASSENGERS WITHIN RURAL AREAS AND SMALL URBAN AREAS,
AND BETWEEN SUCH AREAS AND URBANIZED AREAS, IN ORDER TO ENHANCE ACCESS
OF RURAL POPULATIONS TO EMPLOYMENT, HEALTH CARE, RETAIL CENTERS,
EDUCATION, AND PUBLIC SERVICES, THERE ARE AUTHORIZED TO BE APPROPRIATED
$15,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $60,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1976, OF WHICH $50,000,000 SHALL BE
OUT OF THE HIGHWAY TRUST FUND, TO THE SECRETARY OF TRANSPORTATION TO
CARRY OUT DEMONSTRATION PROJECTS FOR PUBLIC MASS TRANSPORTATION ON
HIGHWAYS IN RURAL AREAS AND SMALL URBAN AREAS. PROJECTS ELIGIBLE FOR
FEDERAL FUNDS UNDER THIS SECTION SHALL INCLUDE HIGHWAY TRAFFIC CONTROL
DEVICES, THE CONSTRUCTION OF PASSENGER LOADING AREAS AND FACILITIES,
INCLUDING SHELTERS, FRINGE AND TRANSPORTATION CORRIDOR PARKING
FACILITIES TO SERVE BUS AND OTHER PUBLIC MASS TRANSPORTATION PASSENGERS,
THE PURCHASE OF PASSENGER EQUIPMENT OTHER THAN ROLLING STOCK FOR FIXED
RAIL, AND THE PAYMENT FROM THE GENERAL FUND FOR OPERATING EXPENSES
INCURRED AS A RESULT OF PROVIDING SUCH SERVICE. TO THE EXTENT INTERCITY
BUS SERVICE IS PROVIDED UNDER THE PROGRAM, PREFERENCE SHALL BE GIVEN TO
PRIVATE BUS OPERATORS WHO LAWFULLY HAVE PROVIDED RURAL HIGHWAY PASSENGER
TRANSPORTATION OVER THE ROUTES OR WITHIN THE GENERAL AREA OF THE
DEMONSTRATION PROJECT.
"(B) PRIOR TO THE OBLIGATION OF ANY FUNDS FOR A DEMONSTRATION PROJECT
UNDER THIS SECTION, THE SECRETARY SHALL PROVIDE FOR PUBLIC NOTICE OF ANY
APPLICATION FOR FUNDS UNDER THIS SECTION WHICH NOTICE SHALL INCLUDE THE
NAME OF THE APPLICANT AND THE AREA TO BE SERVED. WITHIN SIXTY DAYS
THEREAFTER, A PUBLIC HEARING ON THE PROJECT SHALL BE HELD WITHIN THE
PROPOSED SERVICE AREA."
DEMONSTRATION PROJECT--RAILROAD-HIGHWAY CROSSING
SEC. 104. SECTION 163 OF THE FEDERAL-AID HIGHWAY ACT OF 1973 IS
AMENDED BY RELETTERING SUBSECTION (A) AS PARAGRAPH (A) (1) AND ADDING
THE FOLLOWING NEW PARAGRAPH: //23 USC 130 NOTE.//
"(2) THE SECRETARY OF TRANSPORTATION SHALL ENTER INTO SUCH
ARRANGEMENTS AS MAY BE NECESSARY TO CARRY OUT AN ENGINEERING AND
FEASIBILITY STUDY FOR A DEMONSTRATION PROJECT IN LAFAYETTE, INDIANA, FOR
RELOCATION OF RAILROAD LINES FROM THE CENTRAL AREA OF THE CITY. THERE
ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS PARAGRAPH $360,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975."
TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS
SEC. 105. (A) IT IS HEREBY DECLARED TO BE THE NATIONAL POLICY THAT
ELDERLY AND HANDICAPPED PERSONS HAVE THE SAME RIGHT AS OTHER PERSONS TO
UTILIZE MASS TRANSPORTATION FACILITIES AND SERVICES; THAT SPECIAL
EFFORTS SHALL BE MADE IN THE PLANNING, DESIGN, CONSTRUCTION, AND
OPERATION OF MASS TRANSPORTATION FACILITIES AND SERVICES SO THAT THE
AVAILABILITY TO ELDERLY AND HANDICAPPED PERSONS OF MASS TRANSPORTATION
WHICH THEY CAN EFFECTIVELY UTILIZE WILL BE ASSURED; AND THAT ALL
FEDERAL PROGRAMS OFFERING ASSISTANCE FOR MASS TRANSPORTATION (INCLUDING
THE PROGRAMS UNDER TITLE 23, UNITED STATES CODE, THE FEDERAL-AID HIGHWAY
ACT OF 1973, AND THIS ACT) EFFECTIVELY IMPLEMENT THIS POLICY. //23 USC
101 NOTE.//
(B) SUBSECTION (B) OF SECTION 165 OF THE FEDERAL-AID HIGHWAY ACT OF
1973 (87 STAT. 282) IS AMENDED TO READ AS FOLLOWS: //23 USC 142 NOTE.//
"(B) THE SECRETARY OF TRANSPORTATION SHALL REQUIRE THAT PROJECTS
RECEIVING FEDERAL FINANCIAL ASSISTANCE UNDER (1) SUBSECTION (A) OR (C)
OF SECTION 142 OF TITLE 23, UNITED STATES CODE, (2) PARAGRAPH (4) OF
SUBSECTION (E) OF SECTION 103, TITLE 23, UNITED STATES CODE, OR (3)
SECTION 147 OF THE FEDERAL-AID HIGHWAY ACT OF 1973 SHALL BE PLANNED.
DESIGNED, CONSTRUCTED, AND OPERATED TO ALLOW EFFECTIVE UTILIZATION BY
ELDERLY OR HANDICAPPED PERSONS WHO, BY REASON OF ILLNESS, INJURY, AGE,
CONGENITAL MALFUNCTION, OR OTHER PERMANENT OR TEMPORARY INCAPACITY OR
DISABILITY, INCLUDING THOSE WHO ARE NONAMBULATORY WHEELCHAIRBOUND AND
THOSE WITH SEMIAMBULATYORY CAPABILITIES, ARE UNABLE WITHOUT SPECIAL
FACILITIES OR SPECIAL PANNING OR DESIGN TO UTILIZE SUCH FACILITIES AND
SERVICES EFFECTIVELY. //23 USC 142 NOTE.// THE SECRETARY SHALL NOT
APPROVE ANY PROGRAM OR PROJECT TO WHICH THIS SECTION APPLIES WHICH DOES
NOT COMPLY WITH THE PROVISIONS OF THIS SUBSECTION REQUIRING ACCESS TO
PUBLIC MASS TRANSPORTATION FACILITIES, EQUIPMENT, AND SERVICES FOR
ELDERLY OR HANDICAPPED PERSONS."
VEHICLE SIZES AND WEIGHTS
SEC. 106. (A) SECTION 127 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT "EIGHTEEN THOUSAND POUNDS CARRIED ON ANY ONE
AXLE, OR WITH A TANDEM-AXLE WEIGHT IN EXCESS OF THIRTY-TWO THOUSAND
POUNDS, OR WITH AN OVERALL GROSS WEIGHT IN EXCESS OF SEVENTY-THREE
THOUSAND TWO HUNDRED AND EIGHTY POUNDS," AND INSERTING IN LIEU THEREOF
THE FOLLOWING: "TWENTY THOUSAND POUNDS CARRIED ON ANY ONE AXLE,
INCLUDING ALL ENFORCEMENT TOLERANCES; OR WITH A TANDEM AXLE WEIGHT IN
EXCESS OF THIRTY-FOUR THOUSAND POUNDS, INCLUDING ALL ENFORCEMENT
TOLERANCES; OR WITH AN OVERALL GROSS WEIGHT ON A GROUP OF TWO OR MORE
CONSECUTIVE AXLES PRODUCED BY APPLICATION OF THE FOLLOWING FORMULA:
(FORMULA OMITTED PAGE 3, 88 STAT 2283) WHERE W=OVERALL GROSS WEIGHT ON
ANY GROUP OF TOW OR MORE CONSECUTIVE AXLES TO THE NEAREST 500 POUNDS,
L=DISTANCE IN FEET BETWEEN THE EXTREME OF ANY GROUP OF TWO OR MORE
CONSECUTIVE AXLES, AND (=NUMBER OF AXLES IN GROUP UNDER CONSIDERATION,
EXCEPT THAT TWO CONSECUTIVE SETS OF TANDEM AXLES MAY CARRY A GROSS LOAD
OF 34,000 POUNDS EACH PROVIDING THE OVERALL DISTANCE BETWEEN THE FIRST
AND LAST AXLES OF SUCH CONSECUTIVE SETS OF TANDEM AXLES IS THIRTY-SIX
FEET OR MORE: PROVIDED, THAT SUCH OVERALL GROSS WEIGHT MAY NOT EXCEED
EIGHTY THOUSAND POUNDS, INCLUDING ALL ENFORCEMENT TOLERANCES,".
(B) THE FIRST SENTENCE OF SECTION 127 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY INSERTING IMMEDIATELY AFTER "JULY 1, 1956," THE
FOLLOWING: "EXCEPT IN THE CASE OF THE OVERALL GROSS WEIGHT OF ANY GROUP
OF TWO OR MORE CONSECUTIVE AXLES, ON THE DATE OF ENACTMENT OF THE
FEDERAL-AID HIGHWAY AMENDMENTS OF 1974,". THE THIRD SENTENCE OF SUCH
SECTION IS AMENDED BY STRIKING OUT THE PERIOD AT THE END THEREOF AND
INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "EXCEPT IN THE
CASE OF THE OVERALL GROSS WEIGHT OF ANY GROUP OF TWO OR MORE CONSECUTIVE
AXLES, ON THE DATE OF ENACTMENT OF THE FEDERAL-AID HIGHWAY AMENDMENTS OF
1974.".
ENFORCEMENT
SEC. 107. (A) CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY INSERTING AFTER SECTION 140 THE FOLLOWING NEW SECTION: //23
USC 101.//
"EACH STATE SHALL CERTIFY TO THE SECRETARY BEFORE JANUARY 1 OF EACH
YEAR THAT IT IS ENFORCING ALL STATE LAWS RESPECTING MAXIMUM VEHICLE SIZE
AND WEIGHTS PERMITTED ON THE FEDERAL-AID PRIMARY, THE FEDERAL-AID URBAN
SYSTEM AND THE FEDERAL-AID SECONDARY SYSTEM, INCLUDING THE INTERSTATE
SYSTEM IN ACCORDANCE WITH SECTION 127 OF THIS TITLE, AND ALL SPEED
LIMITS ON PUBLIC HIGHWAYS IN ACCORDANCE WITH SECTION 154 OF THIS TITLE.
//23 USC 127.// THE SECRETARY SHALL NOT APPROVE ANY PROJECT UNDER
SECTION 106 OF THIS TITLE IN ANY STATE WHICH HAS FAILED TO CERTIFY IN
ACCORDANCE WITH THIS SECTION.". //23 USC 154, 23 USC 106.//
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE
IS AMENDED BY STRIKING OUT "141. REAL PROPERTY ACQUISITION POLICIES."
AND INSERTING IN LIEU THEREOF THE FOLLOWING: "141. ENFORCEMENT OF
REQUIREMENTS.".
ALASKA FERRY OPERATIONS
SEC. 108. PARAGRAPH (5) OF SUBSECTION (G) OF SECTION 129 OF TITLE
23, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:
"(5) SUCH FERRY MAY BE OPERATED ONLY WITHIN THE STATE (INCLUDING THE
ISLANDS WHICH COMPRISE THE STATE OFR HAWAII) OR BETWEEN ADJOINING
STATES. EXCEPT WITH RESPECT TO OPERATIONS BETWEEN THE ISLANDS WHICH
COMPRISE THE STATE OF HAWAII AND OPERATIONS BETWEEN ANY TWO POINTS IN
ALASKA AND BETWEEN ALASKA AND WASHINGTON, INCLUDING STOPS AT APPROPRIATE
POINTS IN THE DOMINION OF CANADA, NO PART OF SUCH FERRY OPERATION SHALL
BE IN ANY FOREIGN OR INTERNATIONAL WATERS.".
CONTROL OF OUTDOOR ADVERTISING
SEC. 109. (A) THE FIRST SENTENCE OF SUBSECTION (B) OF SECTION 131 OF
TITLE 23, UNITED STATES CODE, IS AMENDED BY INSERTING AFTER "MAIN
TRAVELED WAY OF THE SYSTEM," THE FOLLOWING: "AND FEDERAL-AID HIGHWAY
FUNDS APPORTIONED ON OR AFTER JANUARY 1, 1975, OR AFTER THE EXPIRATION
OF THE NEXT REGULAR SESSION OF THE STATE LEGISLATURE, WHICH-EVER IS
LATER, TO ANY STATE WHICH THE SECRETARY DETERMINES HAS NOT MADE
PROVISION FOR EFFECTIVE CONTROL OF THE ERECTION AND MAINTENANCE ALONG
THE INTERSTATE SYSTEM AND THE PRIMARY SYSTEM OF THOSE ADDITIONAL OUTDOOR
ADVERTISING SIGNS, DISPLAYS, AND DEVICES WHICH ARE MORE THAN SIX HUNDRED
AND SIXTY FEET OFF THE NEAREST EDGE OF THE RIGHT-OF-WAY, LOCATED OUTSIDE
OF URBAN AREAS, VISIBLE FROM THE MAIN TRAVELED WAY OF THE SYSTEM, AND
ERECTED WITH THE PURPOSE OF THEIR MESSAGE BEING READ FROM SUCH MAIN
TRAVELED WAY,".
(B) SUBSECTION (C) OF SECTION 131 OF TITLE 23, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS:
"(C) EFFECTIVE CONTROL MEANS THAT SUCH SIGNS, DISPLAYS, OR DEVICES
AFTER JANUARY 1, 1968, IF LOCATED WITHIN SIX HUNDRED AND SIXTY FEET OF
THE RIGHT-OF-WAY AND, ON OR AFTER JULY 1, 1975, OR AFTER THE EXPIRATION
OF THE NEXT REGULAR SESSION OF THE STATE LEGISLATURE, WHICHEVER IS
LATER, IF LOCATED BEYOND SIX HUNDRED AND SIXTY FEET OF THE RIGHT-OF-WAY,
LOCATED OUTSIDE OF URBAN AREAS, VISIBLE FROM THE MAIN TRAVELED WAY OF
THE SYSTEM, AND ERECTED WITH THE PURPOSE OF THEIR MESSAGE BEING READ
FROM SUCH MAIN TRAVELED WAY, SHALL, PURSUANT TO THIS SECTION, BE LIMITED
TO (1) DIRECTIONAL AND OFFICIAL SIGNS AND NOTICES, WHICH SIGNS AND
NOTICES SHALL INCLUDE, BUT NOT BE LIMITED TO, SIGNS AND NOTICES
PERTAINING TO NATURAL WONDERS, SCENIC AND HISTORICAL ATTRACTIONS, WHICH
ARE REQUIRED OR AUTHORIZED BY LAW, WHICH SHALL CONFORM TO NATIONAL
STANDARDS HEREBY AUTHORIZED TO BE PROMULGATED BY THE SECRETARY
HERE-UNDER, WHICH STANDARDS SHALL CONTAIN PROVISIONS CONCERNING
LIGHTING, SIZE, NUMBER, AND SPACING OF SIGNS, AND SUCH OTHER
REQUIREMENTS AS MAY BE APPROPRIATE TO IMPLEMENT THIS SECTION, (2) SIGNS,
DISPLAYS, AND DEVICES ADVERTISING THE SALE OR LEASE OF PROPERTY UPON
WHICH THEY ARE LOCATED (3) SIGNS, DISPLAYS, AND DEVICES ADVERTISING
ACTIVITIES CONDUCTED ON THE PROPERTY ON WHICH THEY ARE LOCATED, AND (4)
SIGNS LAWFULLY IN EXISTENCE ON OCTOBER 22, 1965, DETERMINED BY THE
STATE, SUBJECT TO THE APPROVAL OF THE SECRETARY, TO BE LANDMARK SIGNS,
INCLUDING SIGNS ON FARM STRUCTURES OR NATURAL SURFACES, OF HISTORIC OR
ARTISTIC SIGNIFICANCE THE PRESERVATION OF WHICH WOULD BE CONSISTENT WITH
THE PURPOSED OF THIS SECTION."
(C) SUBSECTION (G) OF SECTION 131 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT THE FIRST SENTENCE AND INSERTING THE FOLLOWING
IN LIEU THERE OF:
"JUST COMPENSATION SHALL BE PAID UPON THE REMOVAL OF ANY OUTDOOR
ADVERTISING SIGN, DISPLAY, OR DEVICE LAWFULLY ERECTED UNDER STATE LAW."
CONTROL OF JUNKYARDS
SEC. 110. SUBSECTION (J) OF SECTION 136 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY STRIKING OUT THE FIRST SENTENCE AND INSERTING IN
LIEU THEREOF THE FOLLOWING:
"(J) JUST COMPENSATION SHALL BE PAID THE OWNER FOR THE RELOCATION,
REMOVAL, OR DISPOSAL OF JUNKYARDS LAWFULLY ESTABLISHED UNDER STATE
LAW.".
ADVANCE CONSTRUCTION
SEC. 111. (A) SUBSECTION (A) OF SECTION 115 OF TITLE 23, UNITED
STATES CODE, IS AMENDED BY STRIKING OUT "INCLUDING THE INTERSTATE
SYSTEM," EACH OF THE TWO PLACES IT APPEARS AND INSERTING IN LIEU THEREOF
AT EACH SUCH PLACE THE FOLLOWING: "OTHER THAN THE INTERSTATE SYSTEM,".
(B) SECTION 115 OF TITLE 23, UNITED STATES CODE, IS AMENDED BY
REDESIGNATING SUBSECTION (B) AS SUBSECTION (C) AND BY ADDING IMMEDIATELY
AFTER SUBSECTION (A) THE FOLLOWING NEW SUBSECTION:
"(B) WHEN A STATE PROCEEDS TO CONSTRUCT ANY PROJECT ON THE INTERSTATE
SYSTEM WITHOUT THE AID OF FEDERAL FUNDS, AS THAT SYSTEM MAY BE
DESIGNATED AT THAT TIME, IN ACCORDANCE WITH ALL PROCEDURES AND ALL
REQUIREMENTS APPLICABLE TO PROJECTS ON SUCH SYSTEM, EXCEPT INSOFAR AS
SUCH PROCEDURES AND REQUIREMENTS LIMIT A STATE TO THE CONSTRUCTION OF
PROJECTS WITH THE AID OF FEDERAL FUNDS PREVIOUSLY APPORTIONED TO IT, THE
SECRETARY, UPON APPLICATION BY SUCH STATE AND HIS APPROVAL OF SUCH
APPLICATION, IS AUTHORIZED TO PAY TO SUCH STATE THE FEDERAL SHARE OF THE
COST OF CONSTRUCTION OF SUCH PROJECT WHEN ADDITIONAL FUNDS ARE
APPORTIONED TO SUCH STATE UNDER SECTION 104 OF THIS TITLE IF-- //23 USC
104.//
"(1) PRIOR TO THE CONSTRUCTION OF THE PROJECT THE SECRETARY
APPROVES THE PLANS AND SPECIFICATIONS THEREFOR IN THE SAME MANNER
AS OTHER PROJECTS ON THE INTERSTATE SYSTEM, AND
"(2) THE PROJECT CONFORMS TO THE APPLICABLE STANDARDS UNDER
SECTION 109 OF THIS TITLE.". //23 USC 109.//
DONATIONS
SEC. 112. SECTION 323 OF TITLE 23, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "AFTER HE HAS BEEN TENDERED THE FULL AMOUNT OF THE
ESTIMATED JUST COMPENSATION AS ESTABLISHED BY AN APPROVED APPRAISAL OF
THE FAIR MARKET VALUE OF THE SUBJECT REAL PROPERTY," AND BY INSERTING IN
LIEU THEREOF THE FOLLOWING: "AFTER HE HAS BEEN FULLY INFORMED OF HIS
RIGHT TO RECEIVE JUST COMPENSATION FOR THE ACQUISITION OF HIS
PROPERTY,".
SPECIAL BRIDGE REPLACEMENT PROGRAM
SEC. 113. SUBSECTION (E) OF SECTION 144 OF TITLE 23, UNITED STATES
CODE, IS AMENDED TO READ AS FOLLOWS:
"(E) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION,
THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY TRUST
FUND $100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1972, $150,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1973, $25,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, $75,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND $125,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, TO
BE AVAILABLE UNTIL EXPENDED. SUCH FUNDS SHALL BE AVAILABLE FOR
OBLIGATION AT THE BEGINNING OF THE FISCAL YEAR FOR WHICH AUTHOUIZED IN
THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH FUNDS WERE APPORTIONED
UNDER THIS CHAPTER.".
UNIFORM NATIONAL SPEED LIMIT
SEC. 114. (A) CHAPTER 1 OF TITLE 2O OF THE UNITED STATES CODE,
RELATING TO HIGHWAYS, IS AMENDED BY INSERTING AT THE END THEREOF A NEW
SECTION AS FOLLOWS: //23 USC 101.//
"(A) THE SECRETARY OF TRANSPORTATION SHALL NOT APPROVE ANY PROJECT
UNDER SECTION 106 IN ANY STATE WHICH HAS (1) A MAXUMUM SPEED LIMIT ON
ANY PUBLIC HIGHWAY WITHIN ITS JURISDICTION IN EXCESS OF FIFTY-FIVE MILES
PER HOUR, OR (2) A SPEED LIMIT ON ANY OTHER PORTION OF A PUBLIC HIGHWAY
WITHIN ITS JURISDICTION WHICH IS NOT UNIFORMLY APPLICABLE TO ALL TYPES
OF MOTOR VEHICLES USING SUCH PORTION OF HIGHWAY, IF ON NOVEMBER 1, 1973,
SUCH PORTION OF HIGHWAY HAD A SPEED LIMIT WHICH WAS UNIFORMLY APPLICABLE
TO ALL TYPES OF MOTOR VEHICLES USING IT. //23 USC 106.// A LOWER SPEED
LIMIT MAY BE ESTABLISHED FOR ANY VEHICLE OPERATING UNDER A SPECIAL
PERMIT BECAUSE OF ANY WEIGHT OR DIMENSION OF SUCH VEHICLE, INCLUDING ANY
LOAD THEREON. CLAUSE (2) OF THIS SUBSECTION SHALL NOT APPLY TO ANY
PORTION OF A HIGHWAY DURING SUCH TIME THAT THE CONDITION OF THE HIGHWAY,
WEATHER , AN ACCIDENT, OR OTHER CONDITION CREATES A TEMPORARY HAZARD TO
THE SAFETY OF TRAFFIC ON SUCH PORTION OF A HIGHWAY.
"(B) AS USED IN THIS SECTION THE TERM 'MOTOR VEHICLE' MEANS ANY
VEHICLE DRIVEN OR DRAWN BY MECHANICAL POWER MANUFACTURED PRIMARILY FOR
USE ON PUBLIC HIGHWAYS, EXCEPT ANY VEHICLE OPERATED EXCLUSIVELY ON A
RAIL OR RAILS.
"(C) NOTWITHSTANDING THE PROVISION OF SECTION 120 SUMS APPORTIONED TO
ANY STATE UNDER SECTION 104 SHALL BE AVAILABLE TO PAY THE ENTIRE COST OF
ANY MODIFICATION OF THE SIGNING OF THE FEDERAL-AID HIGHWAYS FOR WHICH
SUCH SUMS ARE APPORTIONED WITHIN SUCH STATE DUE TO A REDUCTION IN SPEED
LIMITS TO CONSERVE FUEL IF SUCH CHANGE IN SIGNING OCCURS OR HAS OCCURRED
AFTER NOVEMBER 1, 1973. //23 USC 120, 23 USC 104.//
"(D) THE REQUIREMENTS OF THIS SECTION SHALL BE DEEMED COMPLIED WITH
BY ADMINISTRATIVE ACTION LAWFULLY TAKEN BY THE GOVERNOR OR OTHER
APPROPRIATE STATE OFFICIAL THAT COMPLIES WITH THIS SECTION."
(B) THE ANALYSIS OF SUCH CHAPTER 1 IS AMENDED BY INSERTING AT THE END
THEREOF THE FOLLOWING: "154. NOATIONAL MAXIMUM SPEED LIMIT.".
(C) SECTION 2 OF THE EMERGENCY HIGHWAY ENERGY CONSERVATION ACT IS
REPEALED. //293 USC 101 NOTE.//
ACCESS HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES
SEC. 115. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS FURTHER
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //23
USC 101.//
CERTAIN
LAKES //23 USC 101.//
"(A) THE SECRETARY IS AUTHOURIZED TO CONSTRUCT OR RECONSTRUCT ACCESS
HIGHWAYS TO PUBLIC RECREATION AREAS ON LAKES IN ORDER TO ACCOMMODATE
PRESENT AND PROJECTED TRAFFIC DENSITY. THE SECRETARY SHALL DEVELOP
GUIDELINES AND STANDARDS FOR THE DESIGNATION OF ROUTES AND THE
ALLOCATION OF FUNDS FOR THE PURPOSE OF THIS SECTION WHICH SHALL INCLUDE
THE FOLLOWING CRITERIA:
"(1) NO PORTION OF ANY ACCESS HIGHWAY CONSTRUCTED OR
RECONSTRUCTED UNDER THIS SECTION SHALL EXCEED THIRTY-FIVE MILES IN
LENGTH NOR SHALL ANY PORTION OF SUCH HIGHWAY BE LOCATED MORE THAN
THIRTY-FIVE MILES FORM THE NEAREST PART OF SUCH RECREATION AREA.
"(2) ROUTES SHALL BE DESIGNATED BY THE SECRETARY ON THE
RECOMMENDATION OF THE STATE AND RESPONSIBLE LOCAL OFFICIALS, AFTER
CONSULTATION WITH THE HEAD OF THE FEDERAL AGENCY (IF ANY) HAVING
JURISDICTION OVER THE PUBLIC RECREATION AREA INVOLVED.
"(B) THE FEDERAL SHARE PAYABLE ON ACCOUNT OF ANY PROJECT AUTHORIZED
PURSUANT TO THIS SECTION SHALL NOT EXCEED 70 PER CENTUM OF THE COST OF
CONSTRUCTION OR RECONSTRUCTION OF SUCH PROJECT.
"(C) ALL OF THE PROVISIONS OF THIS TITLE APPLICABLE TO HIGHWAYS ON
THE FEDERAL-AID SYSTEM (OTHER THAN THE INTERSTATE SYSTEM) DETERMINED
APPROPRIATE BY THE SECRETARY, EXCEPT THOSE PROVISIONS WHICH THE
SECRETARY DETERMINES ARE INCONSISTENT WITH THIS SECTION, SHALL APPLY TO
ANY HIGHWAY DESIGNATED UNDER THIS SECTION WHICH IS NOT A PART OF THE
FEDERAL-AID SYSTEM WHEN SO DESIGNATED.
"(D) FOR THE PURPOSE OF THIS SECTION THE TERM 'LAKE' MEANS ANY LAKE,
RESERVOIR, POOL, OR OTHER BODY OF WATER RESULTING FROM THE CONSTRUCTION
OF ANY LOCK, DAM, OR SIMILAR STRUCTURE BY THE CORPS OF ENGINEERS,
DEPARTMENT OF THE ARMY, OR THE BUREAU OF RECLAMATION, DEPARTMENT OF THE
INTERIOR, OR THE TENNESSEE VALLEY AUTHORITY, AND ANY MULTIPURPOSE LAKE
RESULTING FROM CONSTRUCTION ASSISTANCE OF THE SOIL CONSERVATION SERVICE,
DEPARTMENT OF AGRICULTURE. THIS SECTION SHALL APPLY TO LAKES HERETOFORE
OR HEREAFTER CONSTRUCTED OR AUTHORIZED FOR CONSTRUCTION.
"(E) THERE IS SUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $25,000,000
FOR THE FISCAL YEAR 1976 TO CARRY OUT THIS SECTION. AMOUNTS AUTHOURIZED
BY THIS SUBSECTION FOR A FISCAL YEAR SHALL BE AVAILABLE FOR THAT FISCAL
YEAR AND FOR THE TWO SUCCEEDING FISCAL YEARS.".
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "155. ACCESS
HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES.".
AUBURN BRIDGE
SEC. 116. (A) IN ORDER TO PROVIDE ACCESS BETWEEN THE HISTROICAL
PORTION OF THE CITY OF AUBURN, CALIFORNIA, AUBURN DICTRICT FAIR-GROUNDS,
CITY PARK AND PARKING LOTS, AND THE AUBURN DAM OVERLOOK AREA, FOR MOTOR
VEHICLES AND FOR PASSAGE OF PEDESTRIANS, EQUESTRIANS, AND CYCLISTS UNDER
A HIGHWAY RELOCATION, THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO
CONSTRUCT, IN LIEU OF A DRAINAGE CULVERT, AN INTERMEDIATE SIZE BRIDGE
ACROSS A SHALLOW RAVINE. THE BRIDGE, AT APPROXIMATE STATIONS 154 + 46
TO 155 + 30 (84 FEET), SHALL BE PART OF THE STATE HIGHWAY NUMBER 49
RELOCATION THROUGHT THE CITY OF AUBURN, CALIFORNIA.
(B) UPON COMPLETION SUCH BRIDGE SHALL BE TRANSFERRED TO THE STATE OF
CALIFORNIA FOR OPERATION AND MAINTENANCE AS A PART OF THE HIGHWAY
RELOCATION. THE COST OF THE BRIDGE, LESS THE ORIGINAL PLANNED DRAINAGE
CULVERT, SHALL BE CONSIDERED AS NONREIMBURSABLE.
(C) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS SECTION
THE SUM OF $250,000 (OCTOBER 1974 PRICE LEVELS) PLUS OR MINUS SUCH
AMOUNTS AS MAY BE JUSTIFIED BY CHANGES IN PRICE INDEXES APPLICABLE TO
THE TYPE OF DEVELOPMENT INVOLVED HEREIN.
NORTHEAST CORRIDOR DEMONSTRATION-RAIL CROSSINGS
SEC. 117. SUBSECTION (A) OF SECTION 322 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING:
"THE SECRETARY MAY PERMIT SELECTED INDIVIDUAL PUBLIC CROSSINGS OF
UNUSUALLY LOW-POTENTIAL HAZARD TO REMAIN AT GROUND LEVEL, IF THEY ARE
PROVIDED WITH THE BEST AVAILABLE PROTECTION."
OVERSEAS HIGHWAY
SEC. 118. (A) THE SECRETARY IS AUTHORIZED TO UNDERTAKE PROJECTS FOR
THE RECONSTRUCTION OR REPLACEMENT OF BRIDGE STRUCTURES OF A TWO-LANE
NATURE ON THE OVERSEAS HIGHWAY, TO KEY WEST, FLORIDA. THE FEDERAL SHARE
PAYABLE ON ACCOUNT OF SUCH PROJECTS SHALL NOT EXCEED 70 PER CENTUM OF
THE COSTS OF SUCH RECONSTRUCTION OR REPLACEMENT.
(B) THERE ARE AUTHORIZED TO BE APPROPRIATED, OUT OF THE HIGHWAY TRUST
FUND, NOT TO EXCEED $109,200,000, TO CARRY OUT SUCH PROJECTS. SUCH SUMS
SHALL BE AVAILABLE UNTIL EXPENDED EXCEPT THAT OF THE FUNDS AUTHORIZED
UNDER THIS SECTION ONLY $10,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1975, AND $15,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, CAN BE
OBLIGATED.
BIKEWAY DEMONSTRATION PROGRAM
SEC. 119. (A) FOR THE PURPOSE OF THIS SECTION THE TERM-- // 23 USC
217 NOTE. //
(1) "BIKEWAY" MEANS A BICYCLE LANE OR PATH, OR SUPPORT
FACILITY, A BICYCLE TRAFFIC CONTROL DEVICE, A SHELTER, OR A
PARKING FACILITY TO SERVE BICYCLES AND PERSONS USING BICYCLES;
(2) "STATE" MEANS ANY ONE OF THE FIFTY STATES, THE DISTRICT OF
COLUMBIA, OR PUERTO RICO.
(B) (1) THE SECRETARY IS AUTHORIZED TO MAKE GRANTS TO STATES FOR
DEMONSTRATION PROJECTS FOR THE CONSTRUCTION OF BIKE WAYS. SUCH
BIKE-WAYS SHALL BE FOR COMMUTING AND FOR RECREATIONAL PURPOSES AND SHALL
BE LOCATED IN URBANIZED AREAS AND SUCH OTHER URBAN AREAS AS ARE
DESIGNATED BY THE STATE HIGHWAY DEPARTMENT UNDER SUBSECTION 103 (D) OF
TITLE 23, UNITED STATES CODE.
(2) THE FEDERAL SHARE OF ANY DEMONSTRATION PROJECT FOR THE
CONSTRUCTION OF A BIKEWAY SHALL BE 80 PER CENTUM OF THE TOTAL COST OF
SUCH PROJECT. THE REMAINING 20 PER CENTUM OF SUCH COST SHALL BE PAID BY
THE GRANTEE.
(3) NO GRANT SHALL BE MADE UNDER AUTHORITY OF THIS ACT UNLESS SUCH
BIKEWAY PROJECT IS IN ACCORDANCE WITH CONTINUING COMPREHENSIVE
TRANSPORTATION PLANNING PROCESS CARRIED ON COOPERATIVELY BY STATES AND
LOCAL COMMUNITIES IN ACCORDANCE WITH SECTION 134 OF TITLE 23, UNITED
STATES CODE.
(4) THE SECRETARY SHALL ESTABLISH, BY REGULATION, CONSTRUCTION
STANDARDS FOR BIKEWAY PROJECTS FOR WHICH GRANTS ARE AUTHORIZED BY THIS
ACT, AND SHALL ESTABLISH, BY REGULATION, SUCH OTHER REQUIREMENTS AS MAY
BE NECESSARY TO CARRY OUT THIS ACT.
(C) GRANTS MADE UNDER THIS ACT SHALL BE IN ADDITION TO, AND NOT IN
LIEU OF, ANY SUMS AVAILABLE FOR BICYCLE PROJECTS UNDER SECTION 217 OF
TITLE 23, UNITED STATES CODE.
(D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY TO CARRY
OUT THIS SECTION $10,000,000 FOR THE FISCAL YEAR 1976.
EXTENSION OF CARPOOLS
SEC. 120. (A) THE LAST SENTENCE OF SECTION 3(D) OF THE EMERGENCY
HIGHWAY ENERGY CONSERVATION ACT (PUBLIC LAW 93 - 239) IS AMENDED BY
STRIKING OUT "DECEMBER 31, 1974" AND INSERTING IN LIEU THEREOF "DECEMBER
31, 1975". //23 USC 101 NOTE.//
(B) THE SECRETARY OF TRANSPORTATION IS AUTHORIZED TO MAKE GRANTS FOR
DEMONSTRATION PROJECTS DESIGNED TO ENCOURAGE THE USE OF CARPOOLS IN
URBAN AREAS. SUCH A PROJECT MAY INCLUDE, BUT NOT BE LIMITED TO, SUCH
MEASURES AS SYSTEMS FOR LOCATING POTENTIAL RIDERS AND INFORMING THEM OF
CONVENIENT CARPOOL OPPORTUNITIES, DESIGNATING EXISTING HIGHWAY LANES AS
PREFERENTIAL CARPOOL HIGHWAY LANES OR SHARED BUS AND CARPOOL LANES,
PROVIDING RELATED TRAFFIC CONT*ROL DEVICES, AND DESIGNATING EXISTING
PUBLICLY OWBNED FACILITIES FOR USE AS PREFERENTIAL PARKING FOR CARPOOLS.
THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $7,500,000 TO
CARRY OUT THIS SUBSECTION. //23 USC 101 NOTE.//
SAFER ROADS PROGRAM
SEC. 121. THE FIRST SENTENCE OF SUBSECTION (C) OF SECTION 405 OF
TITLE 23, UNITED STATES CODE, IS AMENDED BY STRIKING THE WORD "AND"
AFTER "CROSSINGS," AND INSERTING IN LIU THEREOF THE FOLLOWING: "THE E
CORRECTION OF HIGH-HAZARD LOCATIONS, AND".
OFF-SYSTEM ROADS
SEC. 122. (A) CHAPTER 2 OF TITLE 23, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
"(A) THE SECRETARY IS AUTHORIZED TO MAKE GRANTS TO STATES FOR
PROJECTS FOR THE CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT OF ANY
OFF-SYSTEM ROAD (INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF
BRIDGES, THE ELIMINATION OF HIGH-HAZARD LOCATIONS, AND ROADSIDE
OBSTACLES).
"(B) ON OR BEFORE JANUARY 1 NEXT PRECEDING THE COMMENCEMENT OF EACH
FISCAL YEAR THE SECRETARY SHALL APPORTION THE SUMS AUTHORIZED TO BE
APPROPRIATED TO CARRY OUT THIS SECTION AMONG THE SEVERAL STATES AS
FOLLOWS:
"(1) ONE-THIRD IN THE RATIO WHICH THE AREA OF EACH STATE BEARS
TO THE TOTAL AREA OF ALL STATES; "(2) ONE-THIRD IN THE RATIO
WHICH TGHE POPULATION OF RURAL AREAS OF EACH STATE BEARS TO THE
TOTAL POPULATION OF RURAL AREAS OF ALL THE STATES; AND
"(3) ONE-THIRD IN THE RATIO IN WHICH THE OFF-SYSTEM ROAD
MILEAGE OF EACH STATE BEARS TO THE TOTAL OFF-SYSTEM ROAD MILEAGE
OF ALL THE STATES. OFF-SYSTEM ROAD MILEAGE AS USED IN THIS
SUBSECTION SHALL BE DETERMINED AS OF THE END OF THE CALENDAR YEAR
PRECEDING THE YEAR IN WHICH THE FUNDS ARE APPORTIONED AND SHALL BE
CERTIFIED TO BY THE GOVERNOR OF THE STATE AND SUBJECT TO APPROVAL
BY THE SECRETARY.
"(C) SUMS APPROPRIATED TO A STATE UNDER THIS SECTION SHALL BE MADE
AVAILABLE FOR EXPENDITURES IN THE COUNTIES OF SUCH STATE ON A FAIR AND
EQUITABLE BASIS.
"(D) SUMS APPORTIONED UNDER THIS SECTION AND PROGRAMS AND PROJECTS
UNDER THIS SECTION SHALL BE SUBJECT TO ALL OF THE PROVISIONS OF CHAPTER
1 OF THIS TITLE APPLICABLE TO HIGHWAYS ON THE FEDERAL-AID SECONDARY
SYSTEM EXCEPT THE FORMULA FOR APPORTIONMENT, THE REQUIREMENT THAT THESE
ROADS BE ON THE FEDERAL-AID SYSTEM, AND THOSE OTHER PROVISIONS
DETERMINED BY THE SECRETARY TO BE INCONSISTENT WITH THIS SECTION. THE
SECREATARY IS NOT AUTHORIZED TO DETERMINE AS INCONSISTENT WITH THIS
SECTION ANY PROVISION RELATING TO THE OBLIGATION AND AVAILABILITY OF
FUNDS. //23 USC 101.//
"(E) AS USED IN THIS SECTION THE TERM 'OF-SYSTEM ROAD' MEANS ANY
TOLL-FREE ROAD (INCLUDING BRIDGES) IN A RURAL AREA, WHICH ROAD IS NOT ON
ANY FEDERAL-AID SYSTEM AND WHICH IS UNDER THE JURISDECTION OF AND
MAINTAINED BY A PUBLIC AUTHORITY AND OPEN TO PUBLIC TRAVEL.".
(B) THE ANALYSIS OF CHAPTER 2, TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: // 23 USC 201. //
"219. OFF-SYSTEM ROADS.".
BRIDGES ON FEDERAL DAMS
SEC. 123. (A) SECTION 320(D) OF TITLE 23 OF THE UNITED STATES CODE
(AS AMENDED) IS AMENDED BY STRIKING OUT "$25,261,000" AND INSERTING IN
LIEU THEREOF "$27,761,000".
(B) ALL SUMS APPROPRIATED UNDER AUTHORITY OF THE INCREASED
AUTHORIZATION ESTABLISHED BY THE AMENDMENT MADE BY SUBSECTION (A) OF
THIS SECTION SHALL BE AVAILABLE FOR EXPENDITURE IN THE SAME MANNER AND
FOR THE SAME PURPOSE AS PROVIDED FOR IN SUBSECTION (B) OF SECTION 116 OF
THE FEDERAL-AID HIGHWAY ACT OF 1970 (PUBLIC LAW 91 - 605). //23 USC 320
NOTE.//
DEMONSTRATION PROJECTS
SEC. 124. THE SECRETARY OF TRANSPORTATION SHALL CARRY OUT A
DEMONSTRATION PROJECT FOR CONSTRUCTION OF A HIGH-DENSITY URBAN HIGHWAY
INTERMODAL TRANSPORTATION CONNECTION BETWEEN FRANKLIN AVENUE AND
FIFTY-NINTH STREET, SOUTH, IN MINNEAPOLIS, MINNESOTA. THE FEDERAL SHARE
OF SUCH PROJECT SHALL BE 90 PER CENTUM OF THE COST THEREOF. SUCH
HIGHWAY SHALL BE PLACED ON A FEDERAL-AID SYSTEM BEFORE ANY FUNDS ARE
EXPENDED UNDER THIS SECTION. THERE IS AUTHORIZED TO BE APPROPRIATED,
OUT OF THE HIGHWAY TRUST FUND, NOT TO EXCEED $53,000,000 TO CARRY OUT
THIS SECTION, EXCEPT THAT NOT TO EXCEED $10,000,000 FOR THE FISCAL YEAR
1975, AND $15,000,000 FOR THE FISCAL YEAR 1976, SHALL BE EXPENDED TO
CARRY OUT THIS SECTION.
ROUTE WITHDRAWALS
SEC. 125. (A) SECTION 103(E) (2) OF TITLE 23 OF THE UNITED STATES
CODE IS AMENDED BY STRIKING OUT THE PERIOD FOLLOWING "HOUSE REPORT
NUMBERED 92 - 1443" AND INSERTING IN LIEU THEREOF A COMMA AND THE
FOLLOWING: "INCREASED OR DECREASED, AS THE CASE MAY BE, AS DETERMINED
BY THE SECRETARY, BASED ON CHANGES IN CONSTRUCTION COSTS OF SUCH ROUTE
OR PORTION THEREOF AS OF THE DATE OF WITHDRAWAL OF APPROVAL UNDER THIS
PARAGRAPH AND IN ACCORDANCE WITH THAT DESIGN OF SUCH ROUTE OR PORTION
THEREOF WHICH IS THE BASIS OF SUCH 1972 COST ESTIMATE."
(B) SECTION 103(E) (4) OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY STRIKING OUT THE PERIOD FOLLOWING "HOUSE REPORT NUMBERED 92 -
1443" AND INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING:
"INCREASED OR DECREASED, AS THE CASE MAY BE, AS DETERMINED BY THE
SECRETARY, BASED ON CHANGES IN CONSTRUCTION COSTS OF SUCH ROUTE OR
PORTION THEREOF AS OF THE DATE OF WITHDRAWAL OF APPROVAL UNDER THIS
PARAGRAPH AND IN ACCORDANCE WITH THAT DESIGN OF SUCH ROUTE OR PORTION
THEREOF WHICH IS THE BASIS OF SUCH 1972 COST ESTIMATE."
SCHOOL BUS DRIVER TRAINING
SEC. 126. (A) CHAPTER 4 OF TITLE 23, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //23 USC 401.//
"(A) THE SECRETARY IS AUTHORIZED TO MAKE GRANTS TO THE STATES FOR THE
PURPOSE OF CARRYING OUT STATE PROGRAMS APPROVED BY HIM OF DRIVER
EDUCATION AND TRAINING FOR PERSONS DRIVING SCHOOL BUSES.
"(B) A STATE PROGRAM UNDER THIS SECTION SHALL BE APPROVED BY THE
SECRETARY IF SUCH PROGRAM--,
"(1) PROVIDES FOR THE ESTABLISHMENT AND ENFORCEMENT OF
QUALIFICATIONS FOR PERSONS DRIVING SCHOOL BUSES;
"(2) PROVIDES FOR INITIAL EDUCATION AND TRAINING AND FOR
REFRESHER COURSES;
"(3) PROVIDES FPOR PERIODIC REPORTS TO THE SECRETARY ON THE
RESULTS OF SUCH PROGRAM; AND
"(4) INCLUDES PERSONS DRIVING PUBLICLY OPERATED, AND PERSONS
DRIVING PRIVATELY OPERATED, SCHOOL BUSES.
"(B) NOT LESS THAN $7,500,000 OF THE SUMS AUTHORIZED TO CARRY OUT
SECTION 402 OF THIS TITLE FOR FISCAL YEAR 1976 SHALL BE OBLIGATED TO
CARRY OUT THIS SECTION. SUCH SUMS SHALL BE APPORTIONED AMOUNG THE
STATES IN ACCORDANCE WITH THE FORMAULA ESTABLISHED UNDER SUBSECTION (C)
OF SECTION 402 OF THIS TITLE. //23 UWD 402.// THE FEDERAL SHARE PAYABLE
ON ACCOUNT OF ANY PROJECT TO CARRY OUT A PROGRAM UNDER THIS TITLE SHALL
NOT EXCEED 70 PER CENTUM OF THE COST OF THE PROJECT."
(B) THE ANALYSIS OF CHAPTER 4, TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "406. SCHOOL BUS
DRIVER TRAINING.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1567 (COMM. ON PUBLIC WORDS) AND NO. 93 -
1622 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 1111 (COMM. ON PUBLIC WORKS). CONGRESSIONAL
RECORD, VOL. 120 (1974):
SEPT. 11, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 16. CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 18, SENATE AND HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 11, NO. 2:
JAN. 4, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-642, 88 STAT 2276, HARRY S. TRUMAN MEMORIAL SCHOLARSHIP
ACT
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 "HARRY S TRUMAN MEMORAIAL SCHOLARSHIP ACT". //20 USC 2001
NOTE.//
STATEMENT OF FINDINGS
SEC. 2. //20 USC 2001.// THE CONGRESS FINDS THAT--,
BECAUSE A HIGH REGARD FOR THE PUBLIC TRUST AND A LIVELY
EXERCISE OF POLITICAL TALENTS WERE OUTSTANDING CHARACTERISTICS OF
THE THIRTY-THIRD PRESIDENT OF THE UNITED STATES;
BECAUSE A SPECIAL INTEREST OF THE MAN FROM INDEPENDENCE IN
AMERICAN HISTORY AND A BROAD KNOWLEDGE AND UNDERSTANDING OF THE
AMERICAN POLITICAL AND ECONOMIC SYSTEM GAINED BY STUDY AND
EXPERIENCE IN COUNTY AND NATIONAL GOVERNMENT CULMINATED IN THE
LEADERSHIP OF AMERICA REMEVERED FOR THE QUALITY OF HIS CHARACTER,
COURAGE, AND COMMONSENSE;
BECAUSE OF THE DESIRABILITY OF ENCOURAGING YOUNG PEOPLE TO
RECOGNIZE AND PROVIDE SERVICE IN THE HIGHEST AND BEST TRADITIONS
OF THE AMERICAN POLITICAL SYSTEM AT ALL LEVELS OF GOVERNMENT, IT
IS ESPECIALLY APPORPORATE TO HONOR FORMER PRESIDENT HARRY S TRUMAN
THROUGH THE CREATION OF A PERPETUAL EDUCATION SCHOLARSHIP PRORAM
TO DEVELOP INCREASED OPPORTUNITIES FOR YOUNG AMERICANS TO PREPARE
AND PURSUE CAREERS IN PUBLIC SERVICE.
DEFINITIONS
SEC. 3. //20 USC 2002.// AS USED IN THIS ACT, THE TERM--
(1) "BOARD" MEANS THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN
SCHOLARSHIP FOUNDATION;
(2) "FOUNDATION" MEANS THE HARRY S TRUMAN SCHOLARSHIP
FOUNDATION;
(3) "FUND" MEANS THE HARRY S TRUMAN MEMORIAL SCHOLARSHIP FUND;
(4) "INSTITUTION OF HIGHER EDUCATION" MEANS ANY SUCH
INSTITUTION AS DEFINED BY SECTION 1201(A) OF THE HIGHER EDUCATION
ACT OF 1965; //20 USC 1141.//
(5) "STATE" MEANS EACH OF THE SEVERAL STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, AND, CONSIDERED AS A
SINGLE ENTITY, GUAM, THE VIRGIN ISLANDS, AMERICAN SAMOA, AND THE
TRUST TERRITORY OF THE PACIFIC ISLANDS; AND
(6) "SECRETARY" MEANS THE SECRETARY OF THE TREASURY.".
SEC. 4. //20 USC 2003.// THE HARRY S TRUMAN SCHOLARSHIP PROGRAM AS
AUTHORIZED BY THIS ACT SHALL BE THE SOLE FEDERAL MEMORIAL TO PRESIDENT
HARRY S TRUMAN.
ESTABLISHMENT OF THE HARRY S TRUMAN SCHOLARSHIP PROGRAM
SEC. 5. //20 USC 2004.// (A) THERE IS ESTABLISHED, AS AN INDEPENDENT
ESTABLISHMENT OF THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT,
THE HARRY S TRUMAN SCHOLARSHIP FOUNDATION.
(B)(1) THE FOUNDATION SHALL BE SUBJECT TO THE SUPERVISION AND
DIRECTOR OF A BOARD OF TRUSTTEES. THE BOARD SHALL BE COMPOSED OF
THIRTEEN MEMBERS, AS FOLLOWS:
(A) TWO MEMBERS OF THE SENATE, ONE FROM EACH POLITICAL PARTY,
TO BE APPOINTED BY THE PRESIDENT OF THE SENATE;
(B) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE FROM EACH
POLITICAL PARTY, TO BE APPINTED BY THE SPEAKER;
(C) EIGHT MEMBERS, NOT MORE THAN FOUR OF WHOM SHALL BE OF THE
SAME POLITICAL PARTY, TO BE APPOINTED BY THE PRESIDENT WITH THE
ADVICE AND CONSENT OF THE SENATE, OF WHOM ONE SHALL BE A CHIEF
EXECUTIVE OFFICER OF A STATE, ONE A CHIEF EXECUTIVE OFFICER OF A
CITY OR COUNTY, ONE A MEMBER OF A FEDERAL COURT, ONE A MEMBER OF A
STATE COURT, ONE A PERSON ACTIVE IN POSTSECONDARY EDUCATION, AND
THREE REPRESENTATIVES OF THE GENERAL PUBLIC; AND
(D) THE COMMISSIONER OF EDUCATION OR HIS DESIGNATE, WHO SHALL
SERVE EX OFFICIO AS A MEMBER OF THE BOARD, BUT SHALL NOT BE
ELIGIBLE TO SERVE AS CHAIRMAN.
(C) THE TERM OF OFIFCE OF EACH MEMBER OF THE BOARD SHALL BE SIX YEAR;
EXCEPT THAT (1) THE MEMBERS FIRST TAKING OFFICE SHALL SERVE AS
DEISNGATED BY THE PRESIDENT, FOUR FOR TERMS OF TWO YEARS, FIVE FOR TERMS
OF FOUR YEARS, AND FOUR FOR TERMS OF SIX YEARS, AND (2) ANY MEMBER
APPOINTED TO FILL A VACANCY SHALL SERVE FOR THE REMAINDER OF THE TERM
FOR WHICH HIS PRECEDESSOR WAS APPINTED, AND SHALL BE APPOINTED IN THE
SAME MANNER AS THE ORIGINAL APPOINTMENT FOR THAT VACANCY WAS MADE.
(D) MEMBERS OF THE BOARD SHALL SERVE WITHOUT PAY, BUT SHALL BE
ENTITLED TO REIMBURSEMENT FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY
EXPENSES INCURRED INT HE PERFORMANCE FO THEIR DUTIES.
SCHOLARSHIPS
SEC. 6. /20 USC 2005.// (A) THE FOUNDATION IS AUTHORIZED TO AWARD
SCHOLARSHIPS TO PERSON WHO DEMONSTRAT EOUTSTANDING POTENTIAL FOR AND WHO
PLAN TO PURSUE A CAREER IN PUBLIC SERVICE. AWARD RECIPIENTS SHALL BE
KNOWN AS TRUMAN SCHOLARS.
(B) SCHOLARSHIPS UNDER THIS ACT SHALL BE AWARDED FOR SUCH PERIODS AS
THE FOUNDARION MAY PRESCRIBE BUT NOT TO EXCEED FOUR ACADEMIC YEARS.
(C) A STUDENT AWARDED A SCHOLARSHIP UNDER THIS ACT MAY ATTEND ANY
INSTITUTION OF HIGHER EDUCATION OFFERING COURSES OF STUDY, TRAINING, OR
OTHER EDUCATIONAL ACTIVITIES DESIGNED TO PREPARE PERSONS FOR A CAREER IN
PUBLIC SERVICE AS DETERMINED PURSUANT TO CRITERIA ESTABLISHED BY THE
FOUNDATION.
(D) EACH STUDENT AWARDED A SCHOLARSHIP UNDER THIS ACT MUST HAVE
INDICATED A SERIOUS INTENT TO ENTER THE PUBLIC SERVICE UPON THE
COMPLETION OF HIS OR HER EDUCATIONAL PROGRAM. EACH INSTITUTION OF
HIGHER EDUCATION AT WHICH SUCH A STUDENT IS IN ATTENDANCE WILL MAKE
REASONABLE CONTINUING EFFORTS TO ENCOURAGE SUCH A STUDENT TO ENTER THE
PUBLIC SERVICE UPON COMPLETING HIS OR HER EDUCATIONAL PROGRAM.
SELECTION OF TRUMAN SCHOLARS
SEC. 7. //20 USC 2006.// (A) THE FOUNDATION IS AUTHORIZED, EITHER
DIRECTLY OR BY CONTRACT, TO PROVIDE FOR THE CONDUCT OF A NATIONWIDE
COMPETITION FOR THE PURPOSE OF SELECTING TRUMAN SCHOLARS.
(B) THE FOUNDATION SHALL ADOPT SELECTION PROCEDURES WHICH SHALL
ASSURE THAT AT LEAST ONE TRUMAN SCHOLAR SHALL BE SELECTED EACH YEAR FROM
EACH STATE IN WHICH THERE IS AT LEAST ONE RESIDENT APPLICANT WHO MEETS
THE MINIMUM CRITERIA ESTABLISHED BY THE FOUNDATION.
STIPENDS
SEC. 8. //20 USC 2007.// EACH STUDENT AWARDED A SCHOLARSHIP UNDER
THIS ACT SHALL RECEIVE A STIPEND WHICH SHALL NOT EXCEED THE COST TO SUCH
STUDENT FOR TUITION, FEES, BOOKS, ROOM AND BOARD, OR $5,000 WHICHEVER IS
LESS FOR EACH ACADEMIC YEAR OF STUDY.
SEC. 9. //20 USC 2008.// A STUDENT AWARDED A SCHOLARSHIP UNDER THE
PROVISIONS OF THIS ACT SHALL CONTINUE TO RECEIVE THE PAYMENTS PROVIDED
IN THIS ACT ONLY DURING SUCH PERIODS AS THE FOUNDATION FINDS THAT HE OR
SHE IS MAINTAINING SATISFACTORY PROFICIENCY AND DEVOTING FULL TIME TO
STUDY OR RESEARCH DESIGNED TO PREPARE HIM OR HER FOR A CAREER IN PUBLIC
SERVICE AND IT NOT OTHERWISE ENGAGING IN GAINFUL EMPLOYMENT OTHER THAN
EMPLOYMENT APPROVED BY THE FOUNDATION PURSUANT TO REGUALTION.
(B) THE FOUNDATION IS AUTHORIZED TO REQUIRE REPORTS CONTAINING SUCH
INFORMATION IN SUCH FORM AND TO BE FILED AT SUCH TIMES AS THE FOUNDATION
DETERMINES TO BE NECESSARY FROM ANY STUDENT AWARDED A SCHOLARSHIP UNDER
THE PROVISIONS OF THIS ACT. SUCH REPORTS SHALL BE ACCOMPANIED BY A
CERTIFICATE FROM AN APPROPRIATE OFFICIAL AT THE INSTITUTION OF HIGHER
EDUCATION, APPROVED BY THE FOUNDATION, STATING THAT SUCH STUDENT IS
MAKING SATISFACTORY PROGRESS IN, AND IS DEVOTING ESSENTIALLY FULL TIME
TO, STUDY OR RESEARCH, EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A).
TRUMAN MEMORIAL SCHOLARSHIP FUND
SEC. 10. //20 USC 2009.// (A) THERE IS ESTABLISHED IN THE TREASURY
OF THE UNITED STATES A TRUST FUND TO BE KNOWN AS THE HARRY S TRUMAN
MEMORIAL SCHOLARSHIP TRUST FUND. THE FUND SHALL CONSIST OF AMOUNTS
APPROPRIATED TO IT BY SECTION 14 OF THIS ACT.
(B) IT SHALL BE THE DUTY OF THE SECRETARY TO INVEST IN FULL THE
AMOUNTS APPROPRIATED TO THE FUND. SUCH INVESTMENTS MAY BE MADE ONLY IN
INTEREST-BEARING OBLIGATIONS OF THE UNITED STATES OR IN OBLIGATIONS
GUARANTEED AS TO BOTH PRINCIPAL AND INTERESTED BY THE UNITED STATES.
FOR SUCH PURPOSE, SUCH OBLIGATIONS MAY BE ACQUIRED (1) ON ORIGINAL ISSUE
AT THE ISSUE PRICE, OR (2) BY PURCHASE OF OUTSTANDING OBLIGATIONS AT THE
MARKET PLACE. THE PURPOSES FOR WHICH OBLIGATIONS OF THE UNITED STATES
MAY BE ISSUED UNDER THE SECOND LIBERTY BOND ACT, AS AMENDED, ARE HEREBY
EXTENDED TO AUTHORIZE THE ISSUANCE AT PAR OF SPECIAL OBLIGATIONS
EXCLUSIVELY TO THE FUND. //31 USC 774.// SUCH SPECIAL OBLIGATIONS SHALL
BEAR INTEREST AT A RATE EQUAL TO THE AVERAGE RATE OF INTEREST, COMPUTED
AS TO THE END OF THE CALENDAR MONTH NEXT PRECEDING THE DATE OF SUCH
ISSUE, BORNE BY ALL MARKETABLE INTEREST-BEARING OBLIGATIONS OF THE
UNITED STATES THEN FORMING A PART OF THE PUBLIC DEBT; EXCEPT THAT WHERE
SUCH AVERAGE RATE IS NOT A MULTIPLE OF ONE-EIGHTH OF 1 PER CENTUM, THE
RATE OF INTEREST OF SUCH SPECIAL OBLIGATIONS SHALL BE THE MULTIPLE OF
ONE-EIGHTH OF 1 PER CENTUMM NEXT LOWER THAN SUCH AVERAGE RATE. SUCH
SPECIAL OBLIGATIONS SHALL BE ISSUED ONLY IF THE SECRETARY DETERMINES
THAT THE PURCHASE OF OTHER INTEREST-BEARING OBLIGATIONS OF THE UNITED
STATES, OR OF OBLIGATIONS GUARANTEED AS TO OTH PRINCIPAL AND INTEREST BY
THE UNITED STATES OR ORIGINAL ISSUE OR AT THE MARKET PRICE, IS NOT IN
THE PUBLIC INTEREST.
(C) ANY OBLIGATION ACQUIRED BY THE FUND (EXCEPT SPECIAL OBLIGATIONS
ISSUED EXCLUSIVELY TO THE FUND) MAY BE SOLD BY THE SECRETARY AT THE
MARKET PRICE, AND SUCH SPECIAL OBLIGATIONS MAY BE REDEEMED AT PAR PLUS
ACCRUED INTEREST.
(D) THE INTEREST ON, AND THE PROCEEDS FROM THE SALE OR REDEMPTION OF,
ANY OBLIGATIONS HELD IN THE FUND SHALL BE CREDITED TO AND FORM A PART OF
THE FUND.
EXPENDITURES FROM THE FUND
SEC. 11. //20 USC 2010.// (A) THE SECRETARY IS AUTHORIZED TO PAY TO
THE FOUNDATION FROM THE INTEREST AND EARNINGS OF THE FUND SUCH SUMS AS
THE BOARD DETERMINES ARE NECESSARY AND APPROPRIATE TO ENABLE THE
FOUNDATION TO CARRY OUT THE PURPOSES OF THE ACT.
(B) THE ACTIVITIES OF THE FOUNDATION UNDER THIS ACT MAY BE AUDITED BY
THE GENERAL ACCOUNTING OFFICE UNDER SUCH RULES AND REGULATIONS AS MAY BE
PRESCRIBED BY THE COMPTROLLER GENERAL OF THE UNITED STATES. THE
REPRESENTATIVES OF THE GENRAL ACCOUNTING OFFICE SHALL HAVE ACCESS TO ALL
BOOKS, ACCOUNTS, RECORDS, REPORTS, AND FILES AND ALL OTHER PAPERS,
THINGS, OR PROPERTY BELONGING TO OR IN USE BY THE FOUNDATION, PERTAINING
TO SUCH ACTIVITIES AND NECESSARY TO FACILITATE THE AUDIT.
EXECUTIVE SECRETARY
SEC. 12. //20 USC 2011.// (A) THERE SHALL BE AN EXECUTIVE SECRETARY
OF THE FOUNDATION WHO SHALL BE APPOINTED BY THE BOARD. THE EXECUTIVE
SECRETARY SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE FOUNDATION AND
SHALL CARRY OUT THE FUNCTIONS OF THE FOUNDATION SUBJECT TO THE
SUPERVISION AND DIRECTION OF THE BOARD. THE EXECUTIVE SECRETARY SHALL
CARRY OUT SUCH OTHER FUNCTIONS CONSISTENT WITH THE PROVISIONS OF THIS
ACT AS THE BOARD SHALL DELEGATE.
(B) THE EXECUTIVE SECRETARY OF THE FOUNDATION SHALL BE COMPRESENTED
AT THE RATE SPECIFIED FOR EMPLOYEES PLACED IN GRADE 18 OF THE GENERAL
SCHEDULE SET FORTH IN SECTION 5332 OF TITLE 5, UNITED STATES CODE.
ADMINISTRATIVE PROVISIONS
SEC. 13. //20 USC 2012.// (A) IN ORDER TO CARRY OUT THE PROVISIONS
OF THIS ACT, THE FOUNDATION IS AUTHORIZED TO--
(1) APPOINT AND FIX THE COMPENSATION OF SUCH PERSONNEL AS MAY
BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT, EXCEPT THAT
IN NO CASE SHALL EMPLOYEES OTHER THAN THE EXECTUVE SECRETARY BE
COMPENSATED AT A RATE TO EXCEED THE RATE PROVIDED FOR EMPLOYEES IN
GRADE 15 OF THE GENERAL SCHEDULE SET FORTH IN SECTION 5332 OF
TITLE 5, UNITED STATES CODE;
(2) PROCURE TEMPORARY AND INTERMITTENT SERVICES OF EXPERTS AND
CONSULTANTS AS ARE NECESSARY TO THE EXTENT AUTHORIZED BY SECTION
3109 OF TITLE 5, UNITED STATES CODE, BUT AT RATES NOT TO EXCEED
THE RATE SPECIFIED AT THE TIME OF SUCH SERVICE FOR GRADE GS-18 IN
SECTION 5332 OF SUCH TITLE; //5 USC 5332 NOTE.//
(3) PRESCRIBE SUCH REGULATIONS AS IT DEEMS NECESSARY GOVERNING
THE MANNER IN WHICH ITS FUNCTIONS SHALL BE CARRIED OUT;
(4) RECEIVE MONEY AND OTHER PROPERTY DONATED, BEQUEATHED, OR
DEVISED, WITHOUT CONDITION OR RESTRICTION OTHER THAN IT BE USED
FOR THE PURPOSES OF THE FOUNDATION; AND TO USE, SELL, OR
OTHERWISE DISPOSE OF SUCH PROPERTY FOR THE PURPOSE OF CARRYING OUT
ITS FUNCTIONS;
(5) ACCEPT AND UTILIZE THE SERVICES OF VOLUMTARY AND
NONCOMPENSATED PERSONNEL AND REIMBURSE THEM FOR TRAVEL EXPENSES,
INCLUDING PER DIEM, AS AUTHORIZED BY SECTION 5703 OF TITLE 5,
UNITED STATES CODE;
(6) ENTER INTO CONTRACTS, GRANTS, OR OTHER ARRANGEMENTS, OR
MODIFICATIONS THEREOF, TO CARRY OUT THE PROVISIONS OF THIS ACT,
AND SUCH CONTRACTS OR MODIFICATIONS THEREOF MAY, WITH THE
CONCURRENCE OF TWO-THIRDS OF THE MEMBERS OF THE BOARD, BE ENTERED
INTO WITHOUT PERFORMANCE OR OTHER BONDS, AND WITHOUT REGARD TO
SECTION 3709 OF THE REVISED STATUTES, AS AMENDED (41 U.S.C. 5);
(7) MAKE ADVANCES, PROGRESS, AND OTHER PAYMENTS WHICH THE BOARD
DEEMS NECESSARY UNDER THIS ACT WITHOUT REGARD TO THE PROVISIONS OF
SECTION 3648 OF THE REVISED STATUTES, AS AMENDED (31 U.S.C. 529);
(8) RENT OFFICE SPACE IN THE DISTRICT OF COLUMBIA; AND
(9) MAKE OTHER NECESSARY EXPENDITURES.
(B) THE FOUNDATION SHALL SUBMIT TO THE PRESIDENT AND TO THE
CONGRESS AN ANNUAL REPORT OF ITS OPERATIONS UNDER THIS ACT.
APPROPRIATIONS AUTHORIZED
SEC. 14. //20 USC 2013.// THERE ARE AUTHORIZED TO BE APPROPRIATED
$30,000,000 TO THE FUND.
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 1505 ACCOMPANYING H.R. 17481 (COMM. ON
EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 1068 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 7, CONSIDERED AND PASSED SENATE.
DEC. 17, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
17481.
DEC. 18, SENATE CONCURRED IN HOUSE AMENDMENTS.
WEEKLY COMPLITATION OF PRESIDENTIAL DOCUMENTS, VOL. 11, NO. 2:
JAN. 4, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-641, 88 STAT. 2225, NATIONAL HEALTH PLANNING AND
RESOURCES DEVELOPMENT ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "NATIONAL HEALTH PLANNING
AND RESOURCES DEVELOPMENT ACT OF 1974". //42 USC 300K NOTE.//
SEC. 2. (A) THE CONGRESS MAKES THE FOLLOWING FINDINGS:
(1) THE ACHIEVEMENT OF EQUAL ACCESS TO QUALITY HEALTH CARE AT A
REASONABLE COST IS A PRIORITY OF THE FEDERAL GOVERNMENT.
(2) THE MASSIVE INFUSION OF FEDERAL FUNDS INTO THE EXISTING
HEALTH CARE SYSTEM HAS CONTRIBUTED TO INFLATIONARY INCREASES IN
THE COST OF HEALTH CARE AND FAILED TO PRODUCE AN ADEQUATE SUPPLY
OR DISTRIBUTION OF HEALTH RESOURCES, AND CONSEQUENTLY HAS NOT MADE
POSSIBLE EQUAL ACCESS FOR EVERYONE TO SUCH RESOURCES.
(3) THE MANY AND INCREASING RESPONSES TO THESE PROBLEMS BY THE
PUBLIC SECTOR (FEDERAL, STATE, AND LOCAL) AND THE PRIVATE SECTOR
HAVE NOT RESULTED IN A COMPREHENSIVE, RATIONAL APPROACH TO THE
PRESENT--'
(A) LACK OF UNIFORMLY EFFECTIVE METHODS OF DELIVERING HEALTH
CARE;
(B) MALDISTRIBUTION OF HEALTH CARE FACILITIES AND MANPOWER;
AND
(C) INCREASING COST OF HEALTH CARE.
(4) INCREASES IN THE COST OF HEALTH CARE, PARTICULARLY OF
HOSPITAL STAYS, HAVE BEEN UNCONTROLLABLE AND INFLATIONARY, AND
THERE ARE PRESENTLY INADEQUATE INCENTIVES FOR THE USE OF
APPROPRIATE ALTENATIVE LEVELS OF HEALTH CARE, AND FOR THE
SUBSTITUTION OF AMBULATORY AND INTERMEDIATE CARE FOR INPATIENT
HOSPITAL CARE.
(5) SINCE THE HEALTH CARE PROVIDER IS ONE OF THE MOST IMPORTANT
PARTICIPANTS IN ANY HEALTH CARE DELIVERY SYSTEM, HEALTH POLICY
MUST ADDRESS THE LEGITIMATE NEEDS AND CONCERNS OF THE PROVIDER IF
IT IS TO ACHIEVE MEANINGFUL RESULTS; AND, THUS, IT IS IMPERATIVE
THAT THE PROVIDER BE ENCOURAGED TO PLAY AN ACTIVE ROLE IN
DEVELOPINGG HEALTH POLICY AT ALL LEVELS.
(6) LARGE SEGMENTS OF THE PUBLIC ARE LACKING IN BASIC KNOWLEDGE
REGARDING PROPER PERSONAL HEALTH CARE AND METHODS FOR EFFECTIVE
USE OF AVAILABLE HEALTH SERVICES.
(B) IN RECOGNITION OF THE MAGNITUDE OF THE PROBLEMS DESCRIBED IN
SUBSECTION (A) AND THE URGENCY PLACED ON THEIR SOLUTION, IT IS THE
PURPOSE OF THIS ACT TO FACILITATE THE DEVELOPMENT OF RECOMMENDATIONS FOR
A NATIONAL HEALTH PLANNING POLICY, TO AUGMENT AREAWIDE AND STATE
PLANNING FOR HEALTH SERVICES, MANPOWER, AND FACILITIES, AND TO AUTHORIZE
FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF RESOURCES TO FURTHER THAT
POLICY.
SEC. 3. THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY ADDING AT THE
END THE FOLLOWING NEW TITLE: //42 USC 201 NOTE.//
//42 USC 300K-1.//
"SEC. 1501. (A) THE SECRETARY SHALL, WITHIN EIGHTTEEN MONTHS AFTER
THE DATE OF THE ENACTMENT OF THIS TITLE, BY REGULATION ISSUE GUIDELINES
CONCERNING NATIONAL HEALTH PLANNING POLICY AND SHALL, AS HE DEEMDS
APPROPRIATE, BY REGULATION REVISE SUCH GUIDELINES. REGULATIONS UNDER
THIS SUBSECTION SHALL BE PROMULGATED IN ACCORDANCE WITH SECTION 553 OF
TITLE 5, UNITED STATES CODE.
"(B) THE SECRETARY SHALL INCLUDE IN THE GUIDELINES ISSUED UNDER
SUBSECTION (A) THE FOLLOWING:
"(1) STANDARDS RESPECTING THE APPROPRIATE SUPPLY, DISTRIBUTION,
AND ORGANIZATION OF HEALTH RESOURCES.
"(2) A STATEMENT OF NATIONAL HEALTH PLANNING GOALS DEVELOPED
AFTER CONSIDERATION OF THE PRIORITIES, SET FORTH IN SECTION 1502,
WHICH GOALS, TO THE MAXIMUM EXTENT PRACTICABLE, SHALL BE EXPRESSED
IN QUANTIATIVE TERMS.
"(C) IN ISSUING GUIDELINES UNDER SUBSECTION (A) THE SECRETARY SHALL
CONSULT WITH AND SOLICIT RECOMMENDATIONS AND COMMENTS FROM THE HEALTH
SYSTEMS AGENCIES DESIGNATED UNDER APRT B, //POST, P. 2229.// THE STATE
HEALTH PLANNING AND DEVELOPMENT AGENCIES DESIGNATED UNDER PART C,
//POST, P. 2242.// THE STATEWIDE HEALTH COORDINATING COUNCILS
ESTABLISHED UNDER PART C, ASSOCIATIONS AND SPECIALTY SOCIEITIES
REPRESENTING MEDICAL AND OTHER HEALTH CARE PROVIDERS, AND THE NATIONAL
COUNCIL ON HEALTH PLANNING AND DEVELOPMENT ESTABLISHED BY SECTION 1503.
"SEC. 1502. THE CONGRESS FINDS THAT THE FOLLOWING DESERVE PRIORITY
CONSIDERATION IN THE FORMULATION OF NATIONAL HEALTH PLANNING GOALS AND
IN THE DEVELOPMENT AND OPERATION OF FEDERAL, STATE, AND AREA HEALTH
PLANNING AND RESOURCES DEVELOPMENT PROGRAMS:
"(1) THE PROVISIONS OF PRIMARY CARE SERVICES FOR MEDICALLY
UNDERSERVED POPULATIONS, ESPECIALLY THOSE WHICH ARE LOCATED IN
RURAL OR ECONOMICALLY DEPRESSED AREAS.
"(2) THE DEVELOPMENT OF MULTI-INSTITUTIONAL SYSTEMS FOR
COORDINATION OR CONSOLIDATION OF INSTITUTIONAL HEALTH SERVICES
(INCLUDING OBSTETRIC, PEDIATRIC, EMERGENCY MEDICAL, INTENSIVE AND
CORONARY CARE, AND RADIATION THERAPY SERVICES).
"(3) THE DEVELOPMENT OF MEDICAL GROUP PRACTICES (ESPECIALLY
THOSE WHOSE SERVICES ARE APPROPRIATELY COORDINATED OR INTEGRATED
WITH INSTITUTIONAL HEALTH SERVICE), HEALTH MAINTENANCE
ORGANIZATIONS, AND OTHER ORGANIZED SYSTEMS FOR THE PROVISION OF
HEALTH CARE.
"(4) THE TRAINING AND INCREASED UTILIZATION OF PHYSICIAN
ASSISTANTS, ESPECIALLY NURSE CLINICIANS.
"(5) THE DEVELOPMENT OF MULTI-INSTITUTIONAL ARRANGEMENTS FOR
THE SHARING OF SUPPORT SERVICES NECESSARY TO ALL HEALTH SERVICE
INSTITUTIONS.
"(6) THE PROMOTION OF ACTIVITIES TO ACHIEVE NEEDED IMPROVEMENTS
IN THE QUALITY OF HEALTH SERVICES, INCLUDING NEEDS IDENTIFIED BY
THE REVIEW ACTIVITIES OF PROFESSIOANL STANDARDS REVIEW
ORGANIZATIONS UNDER PART B OF TITLE XI OF THE SOCIAL SECURITY ACT.
//42 USC 1320C.//
"(7) THE DEVELOPMENT BY HEALTH SERVICE INSTITUTIONS OF THE
CAPACITY TO PROVIDE VARIOUS LEVELS OF CARE (INCLUDING INTENSIVE
CARE, ACUTE GENERAL CARE, AND EXTENDED CARE) ON A GEOGRAPHICALLY
INTEGRATED BASIS.
"(8) THE PROMOTION OF ACTIVITIES FOR THE PREVENTION OF DISEASE,
INCLUDINGSTUDIES OF NUTRITIONAL AND ENVIROMENTAL FACTORS AFFECTING
HEATLH AND THE PROVISION OF PREVENTIVE HEALTH CARE SERVICES.
"(9) THE ADOPTION OF UNIFORM COST ACCOUNTING, SIMPLIFIED
REIMBURSEMENT, AND UTILIZATION REPORTING SYSTEMS AND IMPROVED
MANAGEMENT PROCEDURES FOR HEALTH SERVICE INSTITUTIONS.
"(10) THE DEVELOPMENT OF EFFECTIVE METHODS OF EDUCATING THE
GENERAL PUBLIC CONCERNING PROPER PERSONAL (INCLUDING PREVENTIVE)
HEALTH CARE AND METHODS FOR EFFECTIVE USE OF AVAILABLE HEALTH
SERVICES.
//42 USC 300K-3.//
"SEC. 1503. (A) THERE IS ESTABLISHED IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE AN ADVISORY COUNCIL TO BE KNOWN AS THE NATIONAL
COUNCIL ON HELATH PLANNING AND DEVELOPMENT (HEREINAFTER IN THIS SECTION
REFERRED TO AS THE 'COUNCIL'). THE COUNCIL SHALL ADVISE, CONSULT WITH,
AND MAKE RECOMMENDATIONS TO, THE SECRETARY WITH RESPECT TO (1) THE
DEVELOPMENT OF NATIONAL GUIDELINES UNDER SECTION 1501, (2) THE
IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE AND TITLE XVI, //POST,
P. 2258.// AND (3) AN EVALUATION OF THE IMPLICATIONS OF NEW MEDICAL
TECHNOLOGY FOR THE ORGANIZATION, DELIVERY, AND EQUITABLE DISTRIBUTION OF
HEALTH CARE SERVICES.
"(B)(1) THE COUNCIL SHALL BE COMPOSED OF IFFTEEN MEMBERS. THE CHIEF
MEDICAL DIRECTOR OF THE VETERAN'S ADMINISTRATION, THE ASSISTANT
SECRETARY FOR HEALTH AND ENVIROMENT OF THE DEPARTMENT OF DEFENSE, AND
THE ASSISTANT SECRETARY FOR HEALTH OF THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE SHALL BE NONVOTING EX OFFICIO MEMBERS OF THE
COUNCIL. THE REMAINING MEMBERS SHALL BE APPOINTED BY THE SECRETARY AND
SHALL BE PERSONS WHO, AS A RESULT OF THEIR TRAINING, EXPERIENCE, OR
ATTAINMENTS, ARE EXCEPTIONALLY WELL QUALIFIED TO ASSIST IN CARRYING OUT
THE FUNCTIONS OF THE COUNCIL. OF THE VOTING MEMBERS, NOT LESS THAN FIVE
SHALL BE PERSONS WHO ARE NOT PROVIDERS OF HEALTH SERVICES, NOT MORE THAN
THREE SHALL OFFICERS OR EMPLOYEES OF THE FEDERAL GOVERNMENT, NOT LESS
THAN THREE SHALL BE MEMBERS OF GOVERNING BODIES OF HEALTH SYSTEMS
AGENCIES DESIGNATED UNDER PART B, AND NOT LESS THAN THREE SHALL BE
MEMBERS OF STATEWIDE HEALTH COORDINATING COUNCILS UNDER SECTION 1524.
//POST, P. 2247.// THE TWO MAJOR POLITICAL PARTIES SHALL HAVE EQUAL
REPRESENTATION AMONG THE VOTING MEMBERS ON THE COUNCIL.
"(2) THE TERM OF OFFICE OF VOTING MEMBERS OF THE COUNSIL SHALL BE SIX
YEARS, EXCEPT THAT--'
"(A) OF THE MEMBERS FIRST APPOINTED TO THE COUNCIL, FOUR SHALL
BE APPOINTED FOR TERMS OF TWO YEARS AND FOUR SHALL BE APPOINTED
FOR TERMS OF FOUR YEARS, AS DESIGNATED BY THE SECRETARY AT THE
TIME OF APPOINTMENT; AND
"(B) ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO
THE EXPIRATION OF THE TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED
SHALL BE APPOINTED ONLY FOR THE REMAINDER OF SUCH TERM.
A MEMBER MAY SERVE AFTER THE EXPIRATION OF HIS TERM UNTIL HIS SUCCESSOR
HAS TAKEN OFFICE.
"(3) THE CHAIRMAN OF THE COUNCIL SHALL BE SELECTED BY THE VOTING
MEMBERS FROM AMONG THEIR NUMBER. THE TERM OF OFFICE OF THE CHAIRMAN OF
THE COUNCIL SHALL BE THE LESSER OF THREE YEARS OR THE PERIOD REMAINING
IN HIS TERM OF OFFICE AS A MEMBER OF THE COUNCIL.
"(C)(1) EXCEPT AS PROVIDED IN PARAGRPAH (2), THE MEMBERS OF THE
COUNCIL SHALL BE ENTITLED TO RECEIVE THE DAILY EQUIVALENT OF THE ANNUAL
RATE OF BASIC PAY IN EFFECT FOR GRADE GS-18 OF THE GENERAL SCHEDULE //5
USC 5332 AND NOTE.// FOR EACH DAY (INCLUDING TRAVELTIME) DURING WHICH
THEY ARE ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE
COUNCIL.
"(2) MEMBERS OF THE COUNCIL WHO ARE FULL-TIME OFFICERS OR EMPLOYEES
OF THE UNITED STATES SHALL RECEIVE NO ADDITIONAL PAY ON ACCOUNT OF THEIR
SERVICE ON THE COUNCIL.
"(3) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF SERVICES FOR THE COUNCIL, MEMBERS OF THE COUNCIL SHALL BE
ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, IN
THE SAME MANNER AS PERSONS EMPLOYED INTERMITTENTLY IN THE GOVERNMENT
SERVICE ARE ALLOWED EXPENSES UNDER SECTION 5703(B) OF TITLE 5, UNITED
STATES CODE.
"(D) THE COUNCIL MAY APPOINT, FIX THE PAY OF, AND PRESCRIBE THE
FUNCTIONS OF SUCH PERSONNEL AS ARE NECESSARY TO CARRY OUT ITS FUNCTIONS.
IN ADDITION, THE COUNCIL MAY PROCURE THE SERVICES OF EXPERTS AND
CONSULTANTS AS AUTHORIZED BY SECTION 3109 OF TITLE 5, UNITED STATES
CODE, BUT WITHOUT REGARD TO THE LAST SENTENCE OF SUCH SECTION.
"(E) THE PROVISIONS OF SECTION 14(A) OF THE FEDERAL ADVISORY
COMMITTEE ACT SHALL NOT APPLY WITH RESPECT TO THE COUNCIL. //5 USC APP.
I.//
"SEC. 1511. (A) THERE SHALL BE ESTABLISHED, IN ACCORDANCE WITH THIS
SECTION, HEALTH SERVICE AREAS THROUGHT THE UNITED STATES WITH RESPECT TO
WHICH HEALTH SYSTEMS AGENCIES SHALL BE DESIGNATED UNDER SECTION 1515.
EACH HEALTH SERVICE AREA SHALL MEET THE FOLLOWING REQUIRMENTS:
"(1) THE AREA SHALL BE A GEOGRAPHIC REGION APPROPRIATE FOR THE
EFFECTIVE PLANNING AND DEVELOPMENT OF HEALTH SERVICES, DETERMINED
ON THE BASIS OF FACTORS INCLUDING POPULATION AND THE AVAILABILITY
OF RESOURCES TO PROVIDE ALL NECESSARY HEALTH SERVICES FOR
RESIDENTS OF THE AREA.
"(2) TO THE EXTENT PRACTICABLE, THE AREA SHALL INCLUDE AT LEAST
ONE CENTER FOR THE PROVISION OF HIGHLY SPECIALIZED HEALTH
SERVICES.
"(3) THE AREA, UPON ITS ESTABLISHMENT, SHALL HAVE A POPULATION
OF NOT LESS THAN FIVE HUNDRED THOUSAND OR MORE THAN THREE MILLION;
EXCEPT THAT--'
"(A) THE POPULATION OF AN AREA MAY BE MORE THAN THREE MILLION
IF THE AREA INCLUDES A STANDARD METROPOLITAN STATISTICAL AREA (AS
DETERMINED BY THE OFFICE OF MANAGEMENT AND BUDGET) WITH A
POPULATION OF MORE THAN THREE MILLION, AND
"(B) THE POPULATION OF AN AREA MAY--'
"(I) BE LESS THAN FIVE HUNDRED THOUSAND IF THE AREA COMPRISES
AN ENTIRE STATE WHICH HAS A POPULATION OF LESS THAN FIVE HUNDRED
THOUSAND, OR
"(II) BE LESS THAN--' "(I) BE LESS THAN FIVE HUNDRED THOUSAND
(BUT NOT LESS THAN TWO HUNDRED THOUSAND) IN UNUSUAL CIRCUMSTANCES
(AS DETERMINED BY THE SECRETARY), OR "(II) TWO HUNDRED THOUSAND IN
HIGHLY UNUSUAL CIRCUMSTANCES (AS DETERMINED BY THE SECRETARY), IF
THE GOVERNOR OF EACH STATE IN WHICH THE AREA IS LOCATED
DETERMINES, WITH THE APPROVAL OF THE SECRETARY, THAT THE AREA
MEETS THE OTHER REQUIREMENTS OF THIS SUBSECTION.
"(4) TO THE MAXIMUM EXTENT FEASIBLE, THE BOUNDARIES OF THE AREA
SHALL BE APPROPRIATELY COORDINATED WITH THE BOUNDARIES OF AREAS
DESIGNATED UNDER SECTION 1152 OF THE SOCIAL SECURITY ACT FOR
PROFESSIOANL STANDARDS REVIEW ORGANIZATIONS, //42 USC 1320C-1.//
EXISTING REGIONAL PLANNING AREAS, AND STATE PLANNING AND
ADMINISTRATIVE AREAS.
THE BOUNDARIES OF A HEALTH SERVICE AREA SHALL BE ESTABLISHED SO THAT, IN
THE PLANNING AND DEVELOPMENT OF HEALTH SERVICES TO BE OFFERED WITHIN THE
HEALTH SERVICE AREA, ANY ECONOMIC OR GEOGRAPHIC BARRIER TO THE RECEIPT
OF SUCH SERVICES IN NONMETROPOLITAN AREA IS TAKEN INTO ACCOUNT. THE
BOUNDARIES OF HEALTH SERVICE AREAS SHALL BE ESTABLISHED SO AS TO
RECOGNIZE THE DIFFERENCES IN HEALTH PLANNING AND HEALTH SERVICES
DEVELOPMENT NEEDS BETWEEN NONMETROPOLITAN AND METROPOLITAN AREAS. EACH
STANDARD METROPOLITAN STATISTICAL AREA SHALL BE ENTIRLY WITHIN THE
BOUNDARIES OF ONE HEALTH SERVICE AREA, EXCEPT THAT IF THE GOVERNOR OF
EACH STATE IN WHICH A STANDARD METROPOLITAN STATISTICAL AREA, THEN SUCH
STATISTICAL AREA SHALL NOT BE REQUIRED TO BE ENTIRELY WITHIN THE
BOUNDARIES OF SUCH HEALTH SERVICE AREA.
"(B) (1) WITHIN THIRTY DAYS FOLLOWING THE DATE OF THE ENACTMENT OF
THIS TITLE, THE SECRETARY SHALL SIMULTANEOUSLY GIVE TO THE GOVERNOR OF
EACH STATE WRITTEN NOTICE OF THE INITIATION OF PROCEEDINGS TO ESTABLISH
HEALTH SERVICE AREAS THROUGHTOUT THE UNITED STATES. EACH NOTICE SHALL
CONTAIN THE FOLLOWING:
"(A) A STATEMENT OF THE REQUIREMENT (IN SUBSECTION (A)) OF THE
ESTABLISHMENT OF HEALTH SERVICE AREAS THROUGHT THE UNITED STATES.
"(B) A STATEMENT OF THE CRITERIA PRESCRIBED BY SUBSECTION (A)
FOR HEALTH SERVICE AREAS AND THE PROCEDURES PRESCRIBED BY THIS
SUBSECTION FOR THE DESIGNATION OF HEALTH SERVICE AREA BOUNDARIES.
"(C) A REQUEST TAHT THE GOVERNOR RECEIVING THE NOTICE (I)
DESIGNATE THE BOUNDARIES OF HEALTH SERVICE AREAS WITHIN HIS STATE,
AND, WHERE APPROPRIATE AND IN COOPERATION WITH THE GOVERNORS OF
ADJOINING STATES, DESIGNATE THE BOUNDARIES WITHIN HIS STATE OF
HEALTH SERVICE ARES LOCATED BOTH IN HIS STATE AND IN ADJOINING
STATES, AND (II) SUBMIT (IN SUCH FORM AND MANNER AS THE SECRETARY
SHALL SPECIFY) TO THE SECRETARY, WITHIN ONE HUNDRED AND TWENTY
DAYS OF THE DATE OF ENACTMENT OF THIS TITLE, SUCH BOUNDARY
DESIGNATIONS TOGETHER WITH COMMENTS, SUBMITTED BY THE ENTITIES
REFERRED TO IN PARAGRAPH (2), WITH RESPECT TO SUCH DESIGNATIONS.
AT THE TIME SUCH NOTICE IS GIVEN UNDER THIS PARAGRAPH TO EACH GOVERNOR,
THE SECRETARY SHALL PUBLISH AS A NOTICE IN THE FEDERAL REGISTER A
STATEMENT OF THE GIVING OF HIS NOTICE TO THE GOVERNOR AND THE CRITERIA
AND PROCEDURES CONTAINED IN SUCH NOTICE.
"(2) EACH STATE'S GOVERNOR SHALL IN THE DEVELOPMENT OF BOUNDARIES FOR
HEALTH SERVICE AREAS CONSULT WITH AND SOLICIT THE VIEWS OF THE CHIEF
EXECUTIVE OFFICER OR AGENCY OF THE POLITICAL SUBDIVISIONS WITHIN THE
STATE, THE STATE AGENCY WHICH ADMINISTERS OR SUPERVISES THE
ADMINISTRATION OF THE STATE'S HEALTH PLANNING FUNCTIONS UNDER A STATE
PLAN APPROVED UNDER SECTION 314(A), //42 USC 246.// EACH ENTITY WITHIN
THE STATE WHICH HAS DEVELOPED A COMPREHENSIVE REGIONAL, METROPOLITAN, OR
OTHER LOCAL AREA PLAN OR PLANS REFERRED TO IN SECTION 314(B), AND EACH
REGIONAL MEDICAL PROGRAM ESTABLISHED IN THE STATE UNDER THE TITLE IX.
//42 USC 299.//
"(3)(A) WITHIN TWO HUNDRED AND TEN DAYS AFTER THE DATE OF ENACTMENT
OF THIS TITLE, THE SECRETARY SHALL PUBLISH AS A NOTICE IN THE FEDERAL
REGISTER THE HEALTH SERVICE AREA BOUNDARY DESIGNATIONS. THE BOUNDARIES
FOR HEALTH SERVICE AREA SUBMITTED BY THE GOVERNORS SHALL, EXCEPT AS
OTHERWISE PROVIDED IN SUBPARAGRAPH (B), CONSTITUTE UPON THEIR
PUBLICATION IN THE FEDERAL REGISTER THE BOUNDARIES FOR SUCH HEALTH
SERVICE AREAS.
"(B)(1) IF THE SECRETARY DETERMINES THAT A BOUNDARY SUBMITTED TO HIM
FOR A HEALTH SERVICE AREA DOES NOT MEET THE REQUIREMENTS OF SUBSECTION
(A), HE SHALL, AFTER CONSULTATION WITH THE GOVERNOR WHO SUBMITTED SUCH
BOUNDARY, MAKE SUCH REVISIONS IN THE BOUNDARY FOR SUCH AREA (AND AS
NECESSARY TO MEET SUCH REQUIREMENTS AND PUBLISH SUCH REVISED BOUNDARY
(OR BOUNDARIES); AND THE REVISED BOUNDARY (OR BOUNDARIES) SHALL UPON
PUBLICATION IN THE FEDERAL REGISTER CONSTITUTE THE BOUNDARY (OR
BOUNDARIES) FOR SUCH HEALTH SERVICE AREA (OR AREAS). THE SECRETARY SHALL
NOTIFY THE GOVERNOR OF EACH STATE IN WHICH IS LOCATED A HEALTH SERVICE
AREA WHOSE BOUNDARY IS REVISED UNDER THIS CLAUSE OF THE BOUNDARY
REVISION AND THE REASONS FOR SUCH REVISIONS.
"(II) IN THE CASE OF AREAS OF THE UNITED STATES NOT INCLUDED WITHIN
THE BOUNDARIES FOR HEALTH SERVICE AREAS SUBMITTED TO THE SECRETARY AS
REQUESTED UNDER THE NOTICE UNDER PARAGRAPH (1), THE SECRETARY SHALL
ESTABLISH AND PUBLISH IN THE FEDERAL REGISTER HEALTH SERVICE AREA
BOUNDARIES WHICH INCLUDE SUCH AREAS. THE SECRETARY SHALL NOTIFY THE
GOVERNOR OF EACH STATE IN WHICH IS LOCATED A HEALTH SERVICE AREA THE
BOUNDARY FOR WHICH IS ESTABLISHED UNDER THIS CLAUSE OF THE BOUNDARIES
ESTABLISHED. IN CARRYING OUT THE REQUIREMENT OF THIS CLAUSE, THE
SECRETARY MAY MAKE SUCH REVISIONS IN BOUNDARIES SUBMITTED UNDER
SUBPARAGRAPH (A) AS HE DEEMS ARE NECESSARY TO MEET THE REQUIREMENT OF
SUBSECTION (A) FOR THE ESTABLISHMENT OF HEALTH SERVICE AREAS THROUGHOUT
THE UNITED STATES.
"(4) THE SECRETARY SHALL REVIEW ON A CONTINUING BASIS AND AT THE
REQUEST OF ANY GOVERNOR OR DESIGNATED HEALTH SYSTEMS AGENCY THE
APPROPRIATENESS OF THE BOUNDARIES OF THE HEALTH SERVICE ARES ESTABLISHED
UNDER PARAGRAPH (3) AND, IF HE DETERMINES THAT A BOUNDARY FOR A HEALTH
SERVICE AREA NO LONGER MEETS THE REQUIREMENTS OF SUBSECTION (A), HE MAY
REVISE THE BOUNDARIES IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED BY
PARAGRAPH (3)(B)(II) FOR THE ESTABLISHMENT OF BOUNDARIES OF HEALTH
SERVICE AREAS WHICH INCLUDE AREAS NOT INCLUDED IN BOUNDARIES SUBMITTED
BY THE GOVERNORS. IF THE SECRETARY ACTS ON HIS OWN INITIATIVE TO REVISE
THE BOUNDARIES OF ANY HEALTH SERVICE AREA, HE SHALL CONSULT WITH THE
GOVERNOR OF THE APPROPRIATE STATE OR STATES, THE ENTITIES REFERRED TO IN
PARAGRAPH (2), THE APPROPRIATE HEALTH SYSTEMS AGENCY OR AGENCIES
DESIGNATED UNDER PART B //ANTE, P. 222.// AND THE APPROPRIATE STATEWIDE
HEALTH COORDINATING COUNCIL ESTABLISHED UNDER PART C. //POST, P. 2242.//
A REQUEST FOR BOUNDARY REVISION SHALL BE MADE ONLY AFTER CONSULTATION
WITH THE GOVERNOR OF THE APPROPRIATE STATE OR STATES, THE ENTITIES
REFERRED TO IN PARAGRAPH (2), THE APPROPRIATE DESIGNATED HEALTH SYSTEMS
AGENCIES, AND THE APPROPRIATE ESTABLISHED STATEWIDE HEALTH COORDINATING
COUNCIL AND SHALL INCLIDE THE COMMENTS CONSERNING THE REVISION MADE BY
THE ENTITIES CONSULTED IN REQUESTING THE REVISION.
"(5) WITHIN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS TITLE THE
SECRETARY SHALL COMPLETE THE PROCEDURES FOR THE INITIAL ESTABLISHMENT OF
THE BOUNDARIES OF HEALTH SERVICE AREAS WHICH (EXCEPT AS PROVIDED IN
SECTION 1535) //POST, P. 2256.// INCLUDE THE GEOGRAPHIC AREA OF ALL THE
STATES.
"(C) NOTWITHSTANDING ANY OTHER REQUIREMENT OF THIS SECTION, AN
AREA--'
"(1) FOR WHICH HAS BEEN DEVELOPED A COMPREHENSIVE REGIONAL,
METROPOLITAN AREA, OR OTHER LOCAL AREA PLAN REFERRED TO IN SECTION
314(B), AND //42 USC 246.//
"(2) WHICH OTHERWISE MEETS THE REQUIREMENTS OF SUBSECTION (A),
SHALL BE DESIGNATED BY THE SECRETARY AS A HEALTH SERVICE AREA
UNLESS THE GOVERNOR OF ANY STATE IN WHICH SUCH AREA IS LOCATED,
UPON A FINDING THAT ANOTHER AREA IS A MORE APPROPRIATE REGION FOR
THE EFFECTIVE PLANNING AND DEVELOPMENT OF HEALTH RESOURCES, WAIVES
SUCH REQUIREMENT.
"SEC. 1512. (A) DEFINITION.--FOR PURPOSES OF THIS TITLE, THE TERM
'HEALTH SYSTEMS AGENCY' MEANS AN ENTITY WHICH IS ORGANIZED AND OPERATED
IN THE MANNER DESCRIBED IN SUBSECTION (B) AND WHICH IS CAPABLE, AS
DETERMINED BY THE SECRETARY, OF PERFORMING EACH OF THE FUNCTIONS
DESCRIBED IN SECTION 1513. THE SECRETARY SHALL BY REGUALTION ESTABLISH
STANDARDS AND CRITERIA FOR THE REQUIREMENTS OF SUBSECTION (B) AND
SECTION 1513.
"(B)(1) LEGAL STRUCTURE.--A HEALTH SYSTEMS HEALTH AGENCY FOR A HELATH
SERVICE AREA SHALL BE--'
"(A) A NONPROFIT PRIVATE CORPORATION (OR SIMILAR LEGAL
MECHANISM SUCH AS A PUBLIC BENEFIT CORPORATION) WHICH IS
INCORPORATED IN THE STATE IN WHICH THE LARGEST PART OF THE
POPULATION OF THE HEALTHSERVICE AREA RESIDES, WHICH IS NOT A
SUBSIDARY OF, OR OTHERWISE CONTROLLED BY, ANY OTHER PRIVATE OR
PUBLIC CORPORATION OR OTHER LEGAL ENTITY, AND WHICH ONLY ENGAGES
IN HEALTH PLANNING AND DEVELOPMENT FUNCTIONS;
"(B) A PUBLIC REGIONAL PLANNING BODY IF (I) IT HAS A GOVERNING
BOARD COMPOSED OF A MAJORITY OF ELECTED OFFICIALS OF UNITES OF
GENERAL LOCAL GOVERNMENT OR IT IS AUTHORIZED BY STATE LAW (IN
EFFECT BEFORE THE DATE OF ENACTMENT OF THIS SUBSECTION) TO CARRY
OUT HEALTH PLANNING AND REVIEW FINCTIONS SUCH AS THOSE DESCRIBED
IN SECTION 1513, AND (II) ITS PLANNING AREA IS IDENTICAL TO THE
HEALTH SERVICE AREA; OR
"(C) A SINGLE UNIT OF GENERAL LOCAL GOVERNMENT IF THE AREA OF
THE JURISDICTION OF THAT UNIT IS IDENTICAL TO THE HEALTH SERVICE
AREA.
A HEALTH SYSTEMS AGENCY MAY NOT BE AN EDUCATIONAL INSTITUTION OR OPERATE
SUCH AN INSTITUTION.
"(2) STAFF.--'
"(A) EXPERTISE.--A HEALTH SYSTEMS AGENCY SHALL HAVE A STAFF
WHICH PROVIDES THE AGENCY WITH EXPERTISE IN AT LEAST THE
FOLLOWING: (I) ADMINISTRATION, (II) THE GATHERING AND ANALYSIS OF
DATA, (III) HEALTH PLANNING, AND (IV) DEVELOPMENT AND USE OF
HEALTH RESOURCES. THE FUNCTIONS OF PLANNING AND OF DEVELOPMENT OF
HEALTH RESOURCES SHALL BE CONDUCTED BY STAFFS WITH SKILLS
APPROPRIATE TO EACH FUNCTION.
"(B) SIZE AND EMPLOYMENT.--THE SIZE OF THE PROFESSIONAL STAFF
OF ANY HEALTH SYSTEMS AGENCY SHALL BE NOT LESS THAN FIVE, EXCEPT
THAT IF THE QUOTIENT OF THE POPULATION (ROUNDED TO THE NEXT
HIGHEST ONE HUNDRED THOUSAND) OF THE HEALTH SERVICE AREA WHICH THE
AGENCY SERVES DIVIDED BY ONE HUNDRED THOUSAND IS GREATER THAN
FIVE, THE MINIMUM SIZE OF THE PROFESSIONAL STAFF SHALL BE THE
LESSER OF (I) SUCH QUOTIENT, OR (II) TWENTY-FIVE. THE MEMBERS OF
THE STAFF SHALL BE SELECTED, PAID, PROMOTED, AND DISCHARGED IN
ACCORDANCE WITH SUCH SYSTEM AS THE AGENCY MAY ESTABLISH, EXCEPT
THAT THE RATE OF PAY FOR ANY POSITION SHALL NOT BE LESS THAN THE
RATE OF PAY PREVAILING IN THE HEALTH SERVIE AREA FOR SIMILAR
POSITIONS IN OTHER PUBLIC OR PRIVATE HEALTH SERVICE ENTITIES. IF
NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS, A HEALTH SYSTEMS
AGENCY MAY EMPLOY CONSULTANTS AND MAY CONTRACT WITH INDIVIDUALS
AND ENTITIES FOR THE PROVISION OF SERVICES. COMPENSATION FOR
CONSULTANTS AND FOR CONTRACTED SERVICES SHALL BE ESTABLISHED IN
ACCORDANCE WITH STANDARDS ESTABLISHED BY REGULATION BY THE
SECRETARY.
"(3) GOVERNING BODY.--'
"(A) IN GENERAL.--A HEALTH SYSTEMS AGENCY WHICH IS A PUBLIC
REGIONAL PLANNING BODY OR UNIT OF GENERAL LOCAL GOVERNMENT SHALL,
IN ADDITION TO ANY OTHER GOVERNING BODY, HAVE A GOVERNING BODY FOR
HEALTH PLANNING, WHICH IS ESTABLISHED IN ACCORDANCE WITH
SUBPARAGRAPH (C), WHICH SHALL HAVE THE RESPONSIBILITIES PRESCRIBED
BY SUBPARAGRAPH (B), AND WHICH HAS EXCLUSIVE AUTHORITY TO PERFORM
FOR THE AGENCY THE FUNCTIONS DESCRIBED IN SECTION 1513. ANY OTHER
HEALTH SYSTEMS AGENCY SHALL HAVE A GOVERNING BODY COMPOSED, IN
ACCORDANCE WITH SUBPARAGRAPH (C), OF NOT LESS THAN TEN MEMBERS AND
OF NOT MORE THAN THIRTY MEMBERS, EXCEPT THAT THE NUMBER OF MEMBERS
MAY EXCEED THIRTY IF THE GOVERNING BODY HAS ESTABLISHED ANOTHER
UNIT (REFERRED TO IN THIS PARAGRAPH AS AN 'EXECUTIVE COMMITTEE')
COMPOSED, IN ACCORDANCE WITH SUBPARAGRAPH (C), OF NOT MORE THAN
TWENTY-FIVE MEMBERS OF THE GOVERNING BODY AND HAS DELEGATED TO
THAT UNIT THE AUTHORITY TO TAKE SUCH ACTION (OTHER THAN THE
ESTABLISHMENT AND REVISION OF THE PLANS REFERRED TO IN
SUBPARAGRAPH (B)(II)) AS THE GOVERNING BODY IS AUTHORIZED TO TAKE.
"(B) RESONSIBILITIES.--THE GOVERNING BODY--'
"(I) SHALL BE RESPONSIBLE FOR THE INTERNAL AFFAIRS OF THE
HEALTH SYSTEMS AGENCY, INCLUDING MATTERS RELATING TO THE STAFF OF
THE AGENCY, THE AGENCY'S BUDGET, AND PROCEDURES AND CRITERIA
(DEVELOPED AND PUBLISHED PURSUANT TO SECTION 1532) //POST, P.
2251.// APPLICABLE TO ITS FUNCTIONS UNDER SUBSECTIONS (E), (F),
AND (G) OF SECTION 1513;
"(II) SHALL BE RESPONSIBLE FOR THE ESTABLISHMENT OF THE HEALTH
SYSTEMS PLAN AND ANNUAL IMPLEMENTATION PLAN REQUIRED BY SECTION
1513(B);
"(III) SHALL BE RESPONSIBLE FOR THE APPROVAL OF GRANTS AND
CONTRACTS MADE AND ENTERED INTO UNDER SECTION 1513 (C)(3);
"(IV) SHALL BE RESPONSIBLE FOR THE APPROVAL OF ALL ACTIONS
TAKEN PURSUANT TO SUBSECTIONS (E), (F), (G), AND (H), OF SECTION
1513F
"(V) SHALL (I) ISSUE AN ANNUAL REPORT CONCERNING THE ACTIVITIES
OF THE AGENCY, (II) INCLUDE IN THAT REPORT THE HEALTH SYSTEMS PLAN
AND ANNUAL IMPLEMENTATION PLAN DEVELOPED BY THE AGENCY, AND A
LISTING OF THE AGENCY'S INCOME, EXPENDITURES, ASSETS, AND
LIABILITIES, AND (III) MAKE THE REPORT READILY AVAILABLE TO THE
RESIDENTS OF THE HEALTH SERVICE AREA AND THE VARIOUS
COMMUNICATIONS MEDIA SERVING SUCH AREA;
"(VI) SHALL REIMBURSE ITS MEMBERS FOR THEIR REASONABLE COSTS
INCURRED IN ATTENDING MEETINGS OF THE GOVERNING BODY;
"(VII) SHALL MEET AT LEAST ONCE IN EACH CALENDAR QUARTER OF A
YEAR AND SHALL MEET AT LEAST TWO ADDITIONAL TIMES IN A YEAR UNLESS
ITS EXECUTIVE COMMITTEE MEETS AT LEAST TWICE IN THAT YEAR; AND
"(VIII) SHALL (I) CONDUCT ITS BUSINESS MEETINGS IN PUBLIC, (II)
GIVE ADEQUATE NOTICE TO THE PUBLIC OF SUCH MEETINGS, AND (III)
MAKE ITS RECORDS AND DATA AVAILABLE, UPON REQUEST TO THE PUBLIC.
THE GOVERNING BODY (AND EXECUTIVE COMMITTEE (IF ANY)) OF A HEALTH
SYSTEMS AGENCY SHALL ACT ONLY BY VOTE OF A MAJORITY OF ITS MEMBERS
PRESENT AND VOTING AT A MEETING CALLED UPON ADEQUATE NOTICE TO ALL
OF ITS MEMBERS AND AT WHICH A QUORUM IS IN ATTENDANCE. A QUORUM
FOR A GOVERNING BODY AND EXECUTIVE COMMITTEE SHALL NOT BE LESS
THAN ONE-HALF OF ITS MEMBERS.
"(C) COMPOSITION.--THE MEMBERSHIP OF THE GOVERNING BODY AND THE
EXECUTIVE COMMITTEE (IF ANY) OF AN AGENCY SHALL MEET THE FOLLOWING
REQUIREMENTS:
"(I) A MAJORITY (BUT NOT MORE THAN 60 PER CENTUM OF THE
MEMBERS) SHALL BE RESIDENTS OF THE HEALTH SERVICE AREA SERVED BY
THE ENTITY WHO ARE CONSUMERS OF HEALTH CARE AND WHO ARE NOT (NOR
WITHIN THE TWELVE MONTHS PRECEDING APPOINTMENT BEEN) PROVIDERS OF
HEALTH CARE AND WHO ARE BROADLY REPRESENTATIVE OF THE SOCIAL,
ECONOMIC, LINGUISTIC AND RACIAL POPULATIONS, GEOGRAPHIC AREAS OF
THE HEALTH SERVICE AREA, AND MAJOR PURCHASERS OF HEALTH CARE.
"(II) THE REMAINDER OF THE MEMBERS SHALL BE RESIDENTS OF THE
HEALTH SERVICE AREA SERVED BY THE AGENCY WHO ARE PROVIDERS OF
HEALTH CARE AND WHO REPRESENT (I) PHYSICIANS (PARTICULARLY
PRACTICING PHYSICIANS), DENTISTS, NURSES, AND OTHER HEALTH
PROFESSIONALS, (II) HEALTH CARE INSTITUTIONS (PARTICULARLY
HOSPITALS, LONG-TERM CARE FACILITIES, AND HEALTH MAINTENANCE
ORGANIZATIONS), (III) HEALTH CARE INSURERS, (IV) HEALTH
PROFESSIONAL SCHOOLS, AND (V) THE ALLIED HEALTH PROFFESSIONS. NOT
LESS THAN ONE-THIRD OF THE PROVIDERS OF HEALTH CARE WHO ARE
MEMBERS OF THE GOVERNING BODY OR EXECUTIVE COMMITTEE OF A HELATH
SYSTEMS AGENCY SHALL BE DIRECT PROVIDERS OF HEALTH CARE (AS
DESCRIBED IN SECTION 1531 (3)).
"(III) THE MEMBERSHIP SHALL---
"(I) INCLUDE (EITHER THROUGH CONSUMER OR PROVIDER MEMBERS)
PUBLIC ELECTED OFFICIALS AND OTHER REPRESENTATIVES OF GOVERNMENTAL
AUTHORITIES IN THE AGENCY'S HEALTH SERVICE AREA AND
REPRESENTATIVES OF PUBLIC AND PRIVATE AGENCIES IN THE AREA
CONCERNED WITH HEALTH,
"NII) INCLUDE A PERCENTAGE OF INDIVIDUALS WHO RESIDE IN
NONMETROPOLITAN AREAS WITHIN THE HEALTH SERVICE AREA WHICH
PERCENTAGE IS EQUAL TO THE PERCENTAGE OF RESIDENTS OF THE AREA WHO
RESIDE IN NONMETROPOLITAN AREAS, AND
"(III) IF THE HEALTH SYSTEMS AGENCY SERVES AN AREA IN WHICH
THERE IS LOCATED ONE OR MORE HOSPITALS OR OTHER HEALTH CARE
FACILITIES OF THE VETERANS' ADMINISTRATION, INCLUDE, AS AN EX
OFFICIO MEMBER, AN INDIVIDUAL WHOM THE CHIEF MEDICAL DIRECTOR OF
THE VETERANS' ADMINISTRATION SHALL HAVE DESIGNATED FOR SUCH
PURPOSE, AND IF THE AGENCY SERVES AN AREA IN WHICH THERE IS
LOCATED ONE OR MORE QUALIFIED HEALTH MAINTENANCE ORGANIZATIONS
(WITHIN THE MEANING OF SECTION 1310), //42 USC 300E-9.// INCLUDE
AT LEAST ONE MEMBER WHO IS REPRESENTATIVE OF SUCH ORGANIZATIONS.
"(IV) IF, IN THE EXERCISE OF ITS FUNCTIONS, A GOVERNING BODY OR
EXECUTIVE COMMITTEE APPOINTS A SUBCOMMITTEE OF ITS MEMBERS OR AN
ADVISORY GROUP, IT SHALL, TO THE EXTENT PRACTICABLE, MAKE ITS
APPOINTMENTS TO ANY SUCH SUBCOMMITTEE OR GROUP IN SUCH A MANNER AS
TO PROVIDE THE REPRESENTATION ON SUCH SUBCOMMITTEE OR GROUP
DESCRIBED IN THIS SUBPARAGRAPH.
"(4) INDIVIDUAL LIABILITY.--NO INDIVIDUAL WHO, AS A MEMBER OR
EMPLOYEE OF A HEALTH SYSTEMS AGENCY, SHALL, BY REASON OF HIS PERFORMANCE
OF ANY DUTY, FUNCTION, OR ACTIVITY REQUIRED OF, OR AUTHORIZED TO BE
UNDERTAKEN BY, THE AGENCY UNDER THIS TITLE, BE LIABLE FOR THE PAYMENT OF
DAMAGES UNDER ANY LAW OF THE UNITED STATES OR NAY STATE (OR POLITICAL
SUBDIVISION THEREOF) IF HE HAS ACTED WITHIN THE SCOPE OF SUCH DUTY,
FUNCTION, OR ACTIVITY, HAS EXERCISED DUE CARE, AND HAS ACTED, WITH
RESPECT TO THAT PERFORMANCE, WITHOUT MALICE TOWARD ANY PERSON AFFECTED
BY IT.
"(5) PRIVATE CONTRIBUTIONS.--NO HEALTH SYSTEMS AGENCY MAY ACCEPT ANY
FUNDS OR CONTRIBUTIONS OF SERVICES OR FACILITIES FROM ANY INDIVIDUAL OR
PRIVATE ENTITY WHICH HAS A FINANCIAL, FIDUCIARY, OR OTHER DIRECT
INTEREST IN THE DEVELOPMENT, EXPANSION, OR SUPPORT OF HEALTH RESOURCES
UNLESS, IN THE CASE OF AN ENTITY, IT IS AN ORGANIZATION DESCRIBED IN
SECTION 509(A) OF TH EINTERNAL REVENUE CODE OF 1954 //26 USC 509.// AND
IS NOT DIRECTLY ENGAGED IN THE PROVISION OF HEALTH CARE IN THE HEALTH
SERVICE AREA OF THE AGENCY. FOR PURPOSES OF THIS PARAGRAPH, AN ENTITTY
SHALL NOT BE CONSIDERED TO HAVE SUCH AN INTEREST SOLELY ON THE BASIS OF
ITS PROVIDING (DIRECTLY OR INDIRECTLY) HEALTH CARE FOR ITS EMPLOYEES.
"(6) OTHER REQUIREMENTS.--EACH HEALTH SYSTEM AGENCY SHALL--'
"(A) MAKE SUCH REPORTS, IN SUCH FORM AND CONTAINING SUCH
INFORMATION, CONCERNING ITS STRUCTURE, OPERATIONS, PERFORMANCE OF
FUNCTIONS, AND OTHER MATTERS AS THE SECRETARY MAY FROM TIME TO
TIME REQUIRE, AND KEEP SUCH RECORDS AND AFFORD SUCH ACCESS THERETO
AS THE SECRETARY MAY FIND NECESSARY TO VERIFY SUCH REPOPRTS;
"(B) PROVIDE FOR SUCH FISCAL CONTROL AND FUND ACCOUNTING
PROCEDURES AS THE SECRETARY MAY REQUIRE TO ASSURE PROPER
DISBURSEMENT OF, AND ACCOUNTING FOR, AMOUNTS RECEIVED FROM THE
SECRETARY UNDER THIS TITLE AND SECTION 1640; //POST, P. 2273.//
AND
(C) PERMIT THE SECRETARY AND THE COMPTROLLER GENERAL OF THE
UNITED STATES, OR THE REPRESENTATIVES, TO HAVE ACCESS FOR THE
PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS PERTINENT TO THE DISPOSITION OF AMOUNTS RECEIVED FROM
THE SECRETARY UNDER THIS TITLE AND SECTION 1640.
"(C) SUBAREA COUNCILS.--A HEALTH SYSTEMS AGENCY MAY ESTABLISH SUBAREA
ADVISORY COUNCILS REPRESENTING PARTS OF THE AGENCIES' HEALTH SERVICE
AREA TO ADVISE THE GOVERNING BODY OF THE AGENCY ON THE PERFORMANCE OF
ITS FUNCTIONS. THE COMPOSITION OF A SUBAREA ADVISORY COUNCIL SHALL
CONFORM TO THE REQUIREMENTS OF SUBSECTION (B)(3)(C).
"SEC. 1513. (A) FOR THE PURPOSE OF--'
"(1) IMPROVING THE HEALTH OF RESIDNETS OF A HEALTH SERVICE
AREA,
"(2) INCREASING THE ACCESSIBILITY (INCLUDING OVERCOMING
GEOGRAPHIC, ARCHITECTURAL, AND TRANSPORTATION BARRIERS),
ACCEPTABILITY, CONTINUITY, AND QUALITY OF THE HEALTH SERVICES
PROVIDED THEM,
"(3) RESTRINING INCREASES IN THE COST OF PROVIDING THEM HEALTH
SERVICES, AND
"(4) PREVENTING UNNECESSARY DUPLICATIONS OF HEALTH RESOURCES,
EACH HEALTH SYSTEMS AGENCY SHALL HAVE AS ITS PRIMARY
RESPONSIBILITY THE THE PROVISION OF EFFECTIVE HEALTH PLANNING FOR
ITS HEALTH SERVICE AREA AND THE PROMOTION OF THE DEVELOPMENT
WITHIN THE AREA OF HELATH SERVICES, MANPOWER, AND FACILITIES WHICH
MEET IDENTIFIED NEEDS, REDUCE DOCUMENTED INEFFICIENCES, AND
IMPLEMENT THE HEALTH PLANS OF THE AGENCY. TO MEET ITS PRIMARY
RESPONSIBILITY, A HEALTH SYSTEMS AGENCY SHALL CARRY OUT THE
FUNCTIONS DESCRIBED IN SUBSECTIONS (B) THROUGH (G) OF THIS
SECTION.
"(B) IN PROVIDING HELATH PLANNING AND RESOURCES DEVELOPMENT FOR ITS
HEALTH SERVICE AREA, A HEALTH SYSTEMS AGENCY SHALL PERFORM THE FOLLOWING
FUNCTIONS:
"(1) THE AGENCY SHALL ASSEMBLE AND ANALYZE DATA CONCERNING--'
"(A) THE STATUS (AND DETERMINANTS) OF THE HEALTH OF THE
RESIDENTS OF ITS HEALTH SERVICE AREA,
"(B) THE STATUS OF THE HEALTH CARE DELIVERY SYSTEM IN THE AREA
AND THE USE OF THAT SYSTEM BY THE RESIDENTS OF THE AREA,
"(C) THE EFFECT THE AREA'S HEALTH CARE DELIVERY SYSTEM HAS ON
THE HEALTH OF THE RESIDENTS OF THE AREA,
C(D) THE NUMBER, TYPE, AND LOCATION OF THE AREA'S HEALTH
RESOURCES, INCLUDING HEALTH SERVICES, MANPOWER, AND FACILITIES,
"(E) THE PATTERNS OF UTILIZATION OF THE AREA'S HEALTH
RESOURCES, AND
"(F) THE ENVIORNMENTAL AND OCCUPATIONAL EXPOSURE FACTORS
AFFECTING IMMEDIATE AND LONG-TERM HEALTH CONDITIONS.
IN CARRYING OUT THIS PARAGRAPH, THE AGENCY SHALL TO THE MAXIMUM EXTENT
PRACTICABLE USE EXISTING DATA (INCLUDING DATA DEVELOPED UNDER FEDERAL
HEALTH PROGRAMS) AND COORDINATE ITS ACTIVITIES WITH THE COOPERATIVE
SYSTEM PROVIDED FOR UNDER SECTION 306(E). //42 USC 242D.//
"(2) THE AGENCY SHALL, AFTER APPROPRIATE CONSIDERATION OF THE
RECOMMENDED NATIONAL GUIDELINES FOR HEALTH PLANNING POLICY ISSUED
BY THE SECRETARY UNDER SECTION 1501, THE PRIORITIES SET FORTH IN
SECTION 1502, AND THE DATA DEVELOPED PURSUANT TO PARAGRAPH (1),
ESTABLISH, ANNUALLY REVIEW, AND AMEND AS NECESSARY A HEALTH
SYSTEMS PLAN (HEREINAFTER IN THIS TITLE REFERRED TO AS THE 'HSP')
WHICH SHALL BE A DETAILED STATEMENT OF GOALS (A) DESCRIBING A
HEALTHFUL ENVIROMENT AND HEALTH SYSTEMS IN THE AREA WHICH, WHEN
DEVELOPED, WILL ASSURE THAT QUALITY HEALTH SERVICES WILL BE
AVAILABLE AND ACCESSIBLE IN A MANNER WHICH ASSURES CONTINUITY OF
CARE, AT REASONABLE COST, FOR ALL RESIDENTS OF THE AREA; (B)
WHICH ARE RESPONSIVE TO THE UNIQUE NEEDS AND RESOURCES OF THE
AREA; AND (C) WHICH TAKE INTO ACCOUNT AND IS CONSISTENT WITH THE
NATIONAL GUIDELINES FOR HEALTH PLANNING POLICY ISSUED BY THE
SECRETARY UNDER SECTION 1501 RESPECTING SUPPLY, DISTRIBUTION, AND
ORGANIZATION OF HEALTH RESOURCES AND SERVICES. BEFORE
ESTABLISHING AN HSP, A HEALTH SYSTEMS AGENCY SHALL CONDUCT A
PUBLIC HEARING ON THE PROPOSED HSP AND SHALL GIVE INTERESTED
PERSONS AN OPPORUNITY TO SUBMIT THEIR VIEWS ORALLY AND IN WRITING.
NOT LESS THAN TIRTY DAYS PRIOR TO SUCH HEARING, THE AGENCY SHALL
PUBLISH IN AT LEAST TWO NEWSPAPERS OF GENERAL CIRCULATION
THROUGHOUT ITS HEALTH SERVICE AR AREA A NOTICE OF ITS
CONSIDERATION OF THE PROPOSED HSP, THE TIME AND PLACE OF THE
HEARING, THE PLACE AT WHICH INTERESTED PERSONS MAY CONSULT THE HSP
IN ADVANCE OF THE HEARING, AND THE PLACE AND PERIOD DURING WHICH
TO SUBMIT WRITTEN COMMENTS TO THE AGENCY ON THE HSP.
"(3) THE AGENCY SHALL ESTABLISH, ANNUALLY REVIEW, AND AMEND AS
NECESSARY AN ANNUAL IMPLEMENTATION PLAN (HEREINAFTER IN THIS TITLE
REFERRED TO AS THE 'AIP') WHICH DESCRIBES OBJECTIVES WHICH WILL
ACHIEVE THE GOALS OF THE HSP AND PRIORITIES AMONG THE OBJECTIVES.
IN ESTABLISHING THE AIP, THE AGENCY SHALL GIVE PRIORITY TO THOSE
OBJECTIVES WHICH WILL MAXIMALLY IMPROVE THE HEALTH OF THE
RESIDENTS OF THE AREA, AS DETERMINED ON THE BASIS OF THE RELATION
OF THE COST OF ATTAINING SUCH OBJECTIVES TO THEIR BENEFITS, AND
WHICH ARE FITTED TO THE SPECIAL NEEDS OF THE AREA.
"(4) THE AGENCY SHALL DEVELOP AND PUBLISH SPECIFIC PLANS AND
PROJECTS FOR ACHIEVING THE OBJECTIVES ESTABLISHED IN THE AIP.
"(C) A HEALTH SYSTEMS AGENCY SHALL IMPLEMENT ITS HSP AND AIP, AND IN
IMPLEMENTING THE PLANS IT SHALL PERFORM AT LEAST THE FOLLOWING
FUNCTIONS:
"(1) THE AGENCY SHALL SEEK, TO THE EXTENT PRACTICABLE, TO
IMPLEMENT ITS HSP AND AIP WITH THE ASSISTANCE OF INDIVIDUALS AND
PUBLIC AND PRIVATE ENTITIES IN ITS HEALTH SERVICE AREA.
"(2) THE AGENCY MAY PROVIDE, IN ACCORDANCE WITH THE PRIORITIES
ESTABLISHED IN THE AIP, TECHNICAL ASSISTANCE TO INDICIDUALS AND
PUBLIC AND PRIVATE ENTITIES FOR THE DEVELOPMENT OF PROJECTS NAD
PROGRAMS WHICH THE AGENCY DETEMRINES ARE NECESSARY TO ACHIEVE THE
HEALTH SYSTEMS DESCRIBED IN THE HSP, INCLUDING ASSISTANCE IN
MEETING THE REQUIREMENTS OF THE AGENCY PRESCRIBED UNDER SECTION
1532(B).
"(3) THE AGENCY SHALL, IN ACCORDANCE WITH THE PRIORITIES
ESTABLISHEDD IN THE AIP, MAKE GRANTS TO PUBLIC AND NONPROFIT
PRIVATE ENTITIES AND ENTER INTO CONTRACTS WITH INDIVIDUALS AND
PUBLIC AND NONPROFIT PRIVATE ENTITIES TO ASSIST THEM IN PLANNING
AND DEVELOPING PROJECTS AND PROGRAMS WHICH THE AGENCY DETERMINES
ARE NECESSARY FOR THE ACHIEVEMENT OF THE HEALTH SYSTEMS DESCRIBED
IN THE HSP. SUCH GRANTS AND CONTRACTS SHALL BE MADE FROM THE AREA
HEALTH SERVICES DEVELOPMENT FUND OF THE AGENCY ESTABLISHED WITH
FUNDS PROVIDED UNDER GRANTS MADE UNDER SECTION 1640. //POST, P.
2273.// NO GRANTS OR CONTRACT UNDER THIS SUBSECTION MAY BE USED
(A) TO PAY THE COSTS INCURRED BY AN ENTITY OR INDIVIDUAL IN THE
DELIVERY OF HELATH SERVICES (AS DEFINED IN REGULATIONS OF THE
SECRETARY), OR (B) FOR THE COST OF CONSTRUCTION OR MODERNIZATION
OF MEDICAL FACILITIES. NO SONGLE GRANT OR CONTRACT MADE OR
ENTERED INTO UNDER THIS PARAGRAPH SHASLL BE AVAILABLE FOR
OBLIGATION BEYOND THE ONE YEAR PERIOD BEGINNING ON THE DATE THE
GRANT OR CONTRACT WAS MADE OR ENTERED INTP. IF AN INDIVIDUAL OR
ENTITY RECEIVES A GRANT OR CONTRACT UNDER THIS PARAGRAPH FOR A
PROJECT OR PROGRAM, SUCH INDIVIDUAL OR ENTITY MAY RECEIVE ONLY ONE
MORE SUCH GRANT OR CONTRACT FOR SUCH PROGRAM.
"(D) EACH HEALTH SYSTEMS AGENCY SHALL COORDINATE ITS ACTIVITIES
WITH--'
"(1) EACH PROFESSIONAL STANDARDS REVIEW ORGANIZATION
(DESINGNATED UNDER SECTION 1152 OF THE SOCIAL SECURITY ACT), //42
USC 1320C-1.// "(2) ENTITIES REFERRED TO IN PARAGRAPHS (1) AND (2)
OF SECTION 204(A) OF THE DEMONSTRATION CITIES AND METROPOLITAN
DEVELOPMENT ACT OF 1966 //42 USC 3334.// AND REGIONAL AND LOCAL
ENTITIES THE VIEWS OF WHICH ARE REQUIRED TO BE CONSIDERED UNDER
REGUALTION PRESCRIBED UNDER SECTION 403 OF THE INTERGOVERNMENTAL
COOPERATION ACT OF 1968 TO CARRY OUT SECTION 401(B) OF SUCH ACT,
// //42 USC 4233, 4231.//
"(3) OTHER APPROPRIATE GENERAL OR SPECIAL PURPOSE REGIONAL
PLANNING OR ADMINISTRATIVE AGENCIES, AND
"(4) ANY OTHER APPROPRIATE ENTITY,
IN THE HEALTH SYSTEM AGENCY'S HELATH SERVICE AREA. THE AGENCY SHALL, AS
APPROPRIATE, SECURE DATA FROM THEM FOR USE IN THE AGENCY'S PLANNING AND
DEVELOPMENT ACTIVITIES, ENTER INTO AGREEMENTS WITH THEM WHICH WILL
ASSURE THAT ACTIONS TAKEN BY SUCH ENTITIES WHICH ALTER THE AREA'S HEALTH
SYSTEM WILL BE TAKEN IN A MANNER WHICH IS CONSISTENT WITH THE HSP AND TH
EAIP IN EFFECT FOR THE AREA, AND, TO THE EXTENT PRACTICABLE, PROVIDE
TECHNICAL ASSISTANCE TO SUCH ENTITIES.
"(E)(1)(A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), EACH HEALTH
SYSTEMS AGENCY SHALL REVIEW AND APPROVE OR DISAPPROVE EACH PROPOSED USE
WITHIN ITS HEALTH SERVICE AREA OF FEDERAL FUNDS--'
"(I) APPROPRIATED UNDER THIS ACT, THE COMMUNITY MENTAL HELATH
CENTERS ACT, //42 USC 2681 NOTE.// OR THE COMPREHENSIVE ALCOHOL
ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT
OF 1970 FOR GRANTS, CONTRACTS, LOANS, OR LOAN GUARANTEES FOR THE
DEVELOPMENT, EXPANSION, OR SUPPORT OF HEALTH RESOURCES, //42 USC
4571.// OR
"(II) MADE AVAILABLE BY THE STATE IN EHICH THE HEALTH SERVICE
AREA IS LOCATED (FROM AN ALLOTMENT TO THE STATE UNDER AN ACT
REFERRED TO IN CLAUSE (I)) FOR GRANTS OR CONTRACTS FOR THE
DEVELOPMENT, EXPANSION, OR SUPPORT OF HEALTH RESOURCES.
"(B) A HEALTH SYSTEMS AGENCY SHALL NOT REVIEW AND APPROVE OR
DISAPPROVE THE PPROPOSED USE WITHIN ITS HEALTH SERVICE AREA OF FEDERA
FUNDS APPROPRIATED FOR GRANTS OR CONTRACTS UNDER TITLE IV, VII, OR VIII
OF THIS ACT //42 USC 281, 292, 296.// UNLESS THE GRANTS OR CONTRACTS ARE
TO BE MADE, ENTERED INTO, OR USED TO SUPPORT THE DEVELOPMENT OF HEALTH
RESOURCES INTENDED FOR USE IN THE HEALTH SERVICE AREA OR THE DELIVERY OF
HEALTH SERVICES. IN THE CASE OF A PROPOSED USE WITHIN THE HEALTH
SERVICE AREA OF A HEALTHSYSTEMS AGENCY OF FEDERAL FUNDS DESCRIBED IN
SUBPARAGRAPH (A) BY AN INDIAN TRIBE OR INTER-TRIBAL INDIAN ORGANIZATION
FOR ANY PROGRAM OR PROJECT WHICH WILL BE LOCATED WITHIN OR WILL
SPECIFICALLY SERVE--'
"(I) A FEDERALLY-RECOGNIZED INDIAN RESERVATION,
"(II) ANY LAND AREA IN OKLAHOMA WHICH IS HELD IN TRUST BY THE
UNITED STATES FOR INDIANS OR WHICH IS A RESTRICTED INDIAN-OWNED
LAND AREA, OR
"(III) A NATIVE VILLAGE IN ALASKA (AS DEFINED IN SECTION 3(C)
OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT); //43 USC 1602.//
A HEATLH SYSTEMS AGENCY SHALL ONLY REVIEW AND COMMENT ON SUCH PROPOSED
USE.
"(2) NOTWITHSTANDING ANY OPTHER PROVISION OF THIS ACT OR ANY OTHER
ACT REFERRED TO IN PARAGRAPH (1), THE SECRETARY SHALL ALLOW A HEALTH
SERVICE AREA OF FEDERAL FUNDS DESCRIBED IN PARAGRAPH (1), THE SECRETARY
MAY NOT MAKE SUCH FEDERAL FUNDS AVAILABLE FOR SUCH USE UNTIL HE HAS
MADE, UPON REQUEST OF THE ENTITY MAKING SUCH PROPOSAL, A REVIEW OF THE
AGENCY DECISION. IN MAKINNG ANY SUCH REVIEW OF ANY AGENCY DECISION, THE
SECRETARY SHALL FIVE THE APPROPRIATE STATE HEALTH PLANNING AND
DEVELOPMENT AGENCY AN OPPORUNITY TO CONSIDER THE DECISION OF THE
HEALTHSYSTEMS AGENCY AND TO SUBMIT TO THE SECRETARY ITS COMMENTS ON THE
DECISION. THE SECRETARY, AFTER TAKING INTO CONSIDERATION SUCH STATE
AGENCY'S COMMENTS (IF ANY), MAY MAKE SUCH FEDERAL FUNDS AVAILABLE FOR
SUCH USE, NOTWITHSTANDING THE DISAPPROVAL OF THE HEALTH SYSTEMS AGENCY.
EACH SUCH DECISION BY THE SECRETARY TO MAKE FUNDS AVAILABLE SHALL BE
SUBMITTED TO THE APPROPRIATE HELATH SYSYTEMS AGENCY AND STATE HELATH
PLANNING AND DEVELOPMENT AGENCY AND SHALL CONTAIN A DETAILED STATEMENT
OF THE REASONS FOR THE DECISION.
"(3) EACH HELATH SYSTEMS AGENCY SHALL PROVIDE EACH INDIAN TRIBE OR
INTER-TRIBAL INDIAN ORGANIZATION WHICH IS LOCATED WITHIN THE AGENCY'S
HEALTH SERVICE AREA INFORMATION RESPECTING THE AVAILABILITY OF THE
FEDERAL FUNDS DESCRIBED IN THE FIRST SENTENCE OF THIS SUBSECTION.
"(F) TO ASSIST STATE HEALTH PLANNING AND DEVELOPMENT AGENCIES IN
CARRYING OUT THEIR FUNCTIONS UNDER PARAGRAPHS (4) AND (5) OF SECTION
1523(A) EACH HEALTH SYSTEMS AGENCY SHALL REVIEW AND MAKE RECOMMENDATIONS
TO THE APPROPRIATE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY
RESPECTING THE NEED FOR NEW INSTITUTIONAL HEALTH SERVICES PROPOSED TO BE
OFFERED OR DEVELOPED IN THE HEALTH SERVICE AREA OF SUCH HEALTH SYSTEMS
AGENCY.
"(G)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), EACH HEALTH SYSTEMS
AGENCY SHALL REVIEW ON A PERIODIC BASIS (BUT AT LEAST EVERY FIVE YEARS)
ALL INSTITUTIONAL HEALTH SERVICES OFFERED IN THE HEALTH SEVICE AREA OF
THE AGENCY AND SHALL MAKE RECOMMENDATIONS TO THE STATE HEALTH PLANNING
AND DEVELOPMENT AGENCY DESIGNATED UNDER SECTION 1521 FOR EACH STATE IN
WHICH THE HEALTH SYSTEMS AGENCY'S HEALTH SERVICE AREA IS LOCATED
RESPECTING THE APPROPRIATENESS IN THE AREA OF SUCH SERVICES.
"(2) A HEALTH SYSTEMS AGENCY SHALL COMPLETE ITS INITIAL REVIEW OF
EXISTING INSTITUTIONAL HEALTH SERVICES WITHIN THREE YEARS AFTER THE DATE
OF THE AGENCY'S DESIGNATION UNDER SECTION 1515(C).
"(H) EACH HEALTH SYSTEMS AGENCY SHALL ANNUALLY RECOMMEND TO THE STATE
HELATH PLANNING AND DEVELOPMENT AGENCY DESIGNATED FOR EACH STATE IN
WHICH THE HEALTH SYSTEMS AGENCY'S HEALTH SERVICE AREA IS LOCATED (1)
PROJECTS FOR THE MODERNIZATION, CONTRUCTION, AND CONVERSION OF MEDICAL
FACILITIES IN THE AGENCY'S HELATH SERVICE AREA WHICH PROJECTS WILL
ACHIEVE THE HSP AND AIP OF THE HEALTH SYSTEMS AGENCY, AND (2) PRIORITIES
AMONG SUCH PROJECTS.
"SEC. 1514. THE SECRETARY MAY PROVIDE ALL NECESSARY TECHNICAL AND
OTHER NONFINANCIAL ASSISTANCE (INCLUDING THE PREPARATION OF PROTOTYPE
PLANS OF ORGANIZATION AND OPERATION) TO NONPROFIT PRIVATE ENTITIES
(INCLUDING ENTITES PRESENTLY RECEIVING FINANCIAL ASSISTANCE UNDER
SECTION 314(B) OR TITLE IX OR AS EXPERIMENTAL HEALTH SERVICE DELIVERY
SYSTEMS UNDER SECTION 304) //42 USC 246, 299, 242B.// WHICH--'
"(1) EXPRESS A DESIRE TO BE DESIGNATED AS HEALTH SYSTEMS
AGENCIES, AND "(2) THE SECRETARY DETERMINES HAVE A POTENTIAL TO
MEET THE REQUIREMENTS OF A HEALTH SYSTEMS AGENCY SPECIFIED IN
SECTIONS 1512 AND 1513,
TO ASSIST SUCH ENTITIES IN DEVELOPING APPLICATIONS TO BE SUBMITTED TO
THE SECRETARY UNDER SECTION 1515 AND OTHERWISE IN PREPARING TO MEET THE
REQUIREMENTS OF THIS PART FOR DESIGNATION AS A HEALTH SYSTEMS AGENCY.
"SEC. 1515. (A) AT THE EARLIEST PRACTICABLE DATE AFTER THE
ESTABLISHMENT UNDER SECTION 1511 OF HEALTH SERVICE AREAS (BUT NOT LATER
THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS TITLE) THE
SECRETARY SHALL ENTER INTO AGREEMENTS IN ACCORDANCE WITH THIS SECTION
FOR THE DESIGNATION OF HEALTH SYSTEMS AGENCIES FOR SUCH AREAS.
"(B)(1) THE SECRETARY MAY ENTER INTO AGREEMENTS WITH ENTITIES UNDER
WHICH THE ENTITES WOULD BE DESIGNATED AS THE HEALTH SYSTEMS AGENCIES FOR
HEALTH SERVICE AREAS ON A CONDITIONAL BASIS WITH A VIEW TO DETERMINING
THEIR ABILITY TO MEET THE REQUIREMENTS OF SECTION 1512 (B), AND THEIR
CAPACITY TO PERFORM THE FUNCTIONS PRESCRIBED BY SECTION 1513.
"(2) DURING ANY PERIOD OF CONDITIONAL DESIGNATION (WHICH MAY NOT
EXCEED 24 MONTHS), THE SECRETARY MAY REQUIRE THAT THE ENTITY
CONDITIONALLY DESIGNATED MEET ONLY SUCH OF THE REQUIREMENTS OF SECTION
1512(B) AND PERFORM ONLY SUCH OF THE FUNCTIONS PRESCRIBED BY SECTION
1513 AS HE DETERMINES SUCH ENTITY TO BE CAPABLE OF MEETING AND
PERFORMING. THE NUMBER AND TYPE OF SUCH REQUIREMENTS AND FUNCTIONS
SHALL, DURING THE PERIOD OF CONDITIONAL DESIGNATION, BE PROGRESSIVELY
INCREASED AS THE ENTITY CONDITIONALLY DESIGNATED BECOMES CAPABLE OF
ADDED RESPONSIBILITY SO THAT, BY THE END OF SUCH PERIOD, THE AGENCY MAY
BO CONSIDERED FOR DESIGNATION UNDER SUBSECTION (C).
"(3) ANY AGREEMENT UNDER WHICH ANY ENTITY IS CONDITIONALLY DESIGNATED
AS A HEALTH SYSTEMS AGENCY MAY BE TERMINATED BY SUCH ENTITY UPON NINETY
DAYS NOTICE TO THE SECRETARY OR BY THE SECRETARY UPON NINETY DAYS NOTICE
TO SUCH ENTITY.
"(4) THE SECRETARY MAY NOT ENTER INTO AN AGREEMENT WITH ANY ENTITY
UNDER PARAGRAPH (1) FOR CONDITIONAL DESIGNATION AS A HEALTH SYSTEMS
AGENCY FOR A HEALTH SERVICE AREA UNTIL--'
"(A) THE ENTITY HAS SUBMITTED AN APPLICATION FOR SUCH
DESIGNATION WHICH CONTAINS ASSURANCES SATISFACTORY TO THE
SECRETARY THAT UPON COMPLETION OF THE PERIOD OF CONDITIONAL
DESIGNATION THE APPLICANT WILL BE ORGANIZED AND OPERATED IN THE
MANNER DESCRIBED IN SECTION 1512(B) AND WILL BE QUALIFIED TO
PERFORM THE FUNCTIONS PRESCRIBED BY SECTION 1513;
"(B) A PLAN FOR THE ORDERLY ASSUMPTION AND IMPLEMENTATION OF
THE FUNCTIONS OF A HEALTH SYSTEMS AGENCY HAS BEEN RECEIVED FROM
THE APPLICANT AND APPROVED BY THE SECRETARY; AND
"(C) THE SECRETARY HAS CONSULTED WITH THE GOVERNOR OF EACH
STATE IN WHICH SUCH HEALTH SERVICE AREA IS LOCATED AND WITH SUCH
OTHER STATE AND LOCAL OFFICIALS AS HE MAY DEEM APPROPRIATE, WITH
RESPECT TO SUCH DESIGNATION.
IN CONSIDERING SUCH APPLICATIONS, THE SECRETARY SHALL GICE PRIORITY TO
AN APPLICATION WHICH HAS BEEN RECOMMENDED FOR APPROVAL BY EACH ENTITY
WHICH HAS DEVELOPED A PLAN REFERRED TO IN SECTION 314(B) //42 USC 246.//
FOR ALL OR PART OF THE HEALTH SERVICE AREA WITH RESPECT TO WHICH THE
APPLICATION WAS SUBMITTED, AND WACH REGIONAL MEDICAL PROGRAM ESTABLISHED
IN SUCH AREA UNDER TITLE IX. //42 USC 299.//
"(C)(1) THE SECRETARY SHALL ENTER INTO AN AGREEMENT WITH AN ENTITY
FOR ITS DESIGNATION AS A HEALTH SYSTEMS AGENCY IF, ON THE BASIS OF AN
APPLICATION UNDER PARAGRAPH (2) (AND, IN THE CASE OF AN ENTITY
CONDITIONALLY DESIGNATED, ON THE BASIS OF ITS PERFORMANCE DURING A
PERIOD OF CONDITIONAL DESIGNATION UNDER SUBSECTION (B) AS A HEALTH
SYSTEMS AGENCY FOR A HEALTH SERVICE AREA), THE SECRETARY DETERMINES THAT
SUCH ENTITY IS CAPABLE OF FULFILLING, IN A SATISFACTORY MANNER, THE
REQUIREMENTS AND FUNCTIONS OF A HEALTH SYSTEMS AGENCY. ANY SUCH
AGREEMENT UNDER THIS SUBSECTION WITH AN ENTITY MAY BE RENEWED IN
ACCORDANCE WITH PARAGRAPH (3), SHALL CONTAIN SUCH PROVISIONS RESPECTING
THE REQUIREMENTS OF SECTIONS 1512(B) AND 1513 AND SUCH CONDITIONS
DESIGNED TO CARRY OUT THE PURPOSE OF THIS TITLE, AS THE SECRETARY MAY
PRESCRIBE, AND SHALL BE FOR A TERM OF NOT TO EXCEED TWELVE MONTHS;
EXCEPT THAT, PRIOR TO THE EXPIRATION OF SUCH TERM, SUCH AGREEMENT MAY BE
TERMINATED--'
"(A) BY THE ENTITY AT SUCH TIME AND UPON SUCH NOTICE TO
SECRETARY AS HE MAY BY REGULATION PRESCRIBE, OR
"(B) BY THE SECRETARY AT SUCH TIME AND UPON SUCH NOTICE TO THE
ENTITY AS THE SECRETARY MAY BE REGULATION PRESCRIBE, IF THE
SECRETARY DETERMINES THAT THE ENTITY IS NOT COMPLYING WITH OR
EFFECTIVELY CARRYING OUT THE PROVISIONS OF SUCH AGREEMENT.
"(2) THE SECRETARY MAY NOT ENTER INTO AN AGREEMENT WITH ANY ENTITY
UNDER PARAGRAPH (1) FOR DESIGNATION AS A HEALTH SYSTEMS AGENCY FOR A
HEALTH SERVICE AREA UNLESS THE ENTITY HAS SUBMITTED AN APPLICATION TO
THE SECRETARY FOR DESIGNATION AS A HEALTH SYSTEMS AGENCY, AND THE
GOVERNOR OF EAHC STATE IN WHICH THE AREA IS LOCATED HAS BEEN CONSULTED
RESPECTING SUCH DESIGNATION OF SUCH ENTITY. SUCH AN APPLICATION SHALL
CONTAIN ASSURANCES SATISFACTORY TO THE SECRETARY THAT THE APPLICANT
MEETS THE REQUIREMENTS OF SECTION 1512(B) AND IS QUALIFIED TO PERFORM OR
IS PERFORMING THE FUNCTIONS PRESCRIBED BY SECTION 1513. IN CONSIDERING
SUCH APPLICATIONS, THE SECRETARY SHALL GIVE PRIORITY TO AN APPLICATION
WHICH HAS BEEN RECOMMENDED FOR APPROVAL BY (A) EACH ENTOTY WHICH HAS
DEVELOPED A PLAN REDERRED TO IN SECTION 314(B) //42 USC 246.// FOR ALL
OR PART OF THE HEALTH SERVICE AREA WITH RESPECT TO WHICH THE APPLICATION
WAS SUBMITTED, AND (B) EACH REGIONAL MEDICAL PROGRAM ESTABLISHED IN SUCH
AREA UNDER TITLE IX. //42 USC 299.//
"(3) AN AGREEMENT UNDER THIS SUBSECTION FOR THE DESIGNATION OF A
HEALTH SYSTEMS AGENCY MAY BE RENEWED BY THE SECRETARY FOR A PERIOD NOT
TO EXCEED TWELVE MONTHS IF UPON REVIEW (AS PROVIDED IN SECTION 1535)
//POST, P. 2259.// OF THE AGENCY'S OPERATION AND PERFORMANCE OF ITS
FUNCTIONS, HE DETERMINES THAT IT HAS FULFILLED, IN A SATISFACTORY
MANNER, THE FUNCTIONS OF A HEALTH SYSTEMS AGENCY PRESCRIBED BY SECTION
1513 AND CONTINUES TO MEET THE REQUIREMENTS OF SECTION 1512(B).
"(D) IF A DESIGNATION UNDER SUBSECTION (B) OR (C) OF A HELATH SYSTEMS
AGENCY FOR A HEALTH SERVICES AREA IS TERMINATED BEFORE THE DATE
PRESCRIBED FOR ITS EXPIRATION, THE SECRETARY SHALL, UPON APPLICATION AND
IN ACCORDANCE WITH SUBSECTION (B) OR (C) (AS THE SECRETARY DETERMINES
APPROPRIATE), ENTER INTO A DESIGNATION AGREEMENT WITH ANOTHER ENTITY TO
BE THE HEALTH SYSTEMS AGENCY FOR SUCH AREA.
"PLANNING GRANTS //42 USC 300L-5.//
"SEC. 1516. (A) THE SECRETARY SHALL MAKE IN EACH FISCAL YEAR A GRANT
TO EACH HELATH SYSTEMS AGENCY WITH WHICH THERE IS IN EFFECT A
DESIGNATION AGREEMENT UNDER SUBSECTION (B) OR (C) OF SECTION 1515. A
GRANT UNDER THIS SUBSECTION SHALL BE MADE ON SUCH CONDITIONS AS THE
SECRETARY DETERMINES IS APPROPRIATE, SHALL BE USED BY A HEALTH SYSTEMS
AGENCY FOR COMPENSATION OF AGENCY PERSONNEL, COLLECTION OF DATA,
PLANNING, AND THE PERFORMANCE OF THE FUNCTIONS OF THE AGENCY, AND SHALL
BE AVAILABLE FOR OBLIGATION FOR A PERIOD NOT TO EXCEED THE PERIOD FOR
WHICH ITS DESIGNATION AGREEMENT IS ENTERED INTO OR RENEWED (AS THE CASE
MAY BE). A HEALTH SYSTEMS AGENCY MAY USE FUNDS UNDER AGRANT UNDER THIS
SUBSECTION TO MAKE PAYMENTS UNDER CONTRACTS WITH OTHER ENTITIES TO
ASSIST THE HEALTH SYSTEMS AGENCY IN THE PERFORMANCE OF ITS FUNCTIONS;
BUT IT SHALL NOT USE FUNDS UNDER SUCH A GRANT TO MAKE PAYMENTS UNDER A
GRANT OR CONTRACT WITH ANOTHER ENTITY FOR THE DEVELOPMENT OF DELIVERY OF
HEALTH SERVICES OR RESOURCES.
"(B)(1) THE MAOUNT OF ANY GRANT UNDER SUBSECTION (A) TO A HEALTH
SYSTEMS AGENCY DESIGNATED UNDER SECTION 1515(B) SHALL BE DETERMINED BY
THE SECRETARY. THE AMOUNT OF ANY GRANT UNDER SUBSECTION (A) TO ANY
HEALTH SYSTEMS AGENCY DESIGNATED UNDER SECTION 1515(C) SHALL BE THE
LESSER OF--'
(A) THE PRODUCT OF $0.50 AND THE POPULATION OF THE HEALTH
SERVICE AREA FOR WHICH THE AGENCY IS DESIGNATED, OR
"(B) $3,750,000,
UNLESS THE AGENCY WOULD RECEIVE A GREATER AMOUNT UNDER PARAGRAPH (2) OR
(3).
"(2)(A) IF THE APPLICATION OF A HEALTH SYSTEMS AGENCY FOR SUCH A
GRANT CONTAINS ASSURANCES SATISFACTORY TO THE SECRETARY THAT THE AGENCY
WILL EXPEND OR OBLIGATE IN THE PERIOD IN WHICH SUCH GRANT WILL BE
AVAILABLE FOR OBLIGATION NON-FEDERAL FUNDS MEETING THE REQUIREMENTS OF
SUBPARAGRAPH (B) FOR THE PURPOSES FOR WHICH SUCH GRANT MAY BE MADE, THE
AMOUNT OF SUCH GRANT SHALL BE THE SUM OF--'
"(I) THE AMOUNT DETERMINED UNDER APRAGRAPH (1), AND
"(II) THE LESSER OF (I) THE AMOUNT OF SUCH NON-FEDERAL FUNDS
WITH RESPECT TO WHICH THE ASSURANCES WERE MADE, OR (II) THE
PRODUCT OF $0.25 AND THE POPULATION OF THEHEALTH SERVICE AREA FOR
WHICH THE AGENCY SI DESIGNATED.
"(B) THE NON-FEDERAL FUNDS WHICH AN AGENCY MAY USE FOR THE PURPOSE OF
OBTAINING A GRANT UNDER SUBSECTION (A) WHICH IS COMPUTED ON THE BASIS OF
THE FORMULA PRESCRIBED BY SUBPARAGRAPH (A) SHALL--'
"(I) NOT INCLUDE ANY FUNDS CONTRIBUTED TO THE AGENCY FOR THE
PERFORMANCE OF PARTICULAR SERVICES BY IT AND WHICH ARE OTHERWISE
CONTRIBUTED TO THE AGENCY WITHOUT CONDITIONS AS TO THEIR USE OTHER
THAN THE CONDITION THAT THE FUNDS SHALL BE USED FOR THE PURPOSES
FOR WHICH A GRANT MADE UNDER THIS SECTION MAY BE USED.
"(3) THE AMOUNT OF A GRANT UNDER SUBSECTION (A) TO A HEALTH SYSTEMS
AGENCY DESIGNATED UNDER SECTION 1515(C) MAY NOT BE LESS THAN $175,000.
"(C)(1) FOR THE PURPOSE OF MAKING PAYMENTS PURSUANT TO GRNATS MADE
UNDER SECTION (A), THERE ARE AUTHORIZED TO BE APPROPRIATED $60,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, $90,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976, AND $125,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977.
"(2) NOTWITHSTANDING SUBSECTION (B), IF THE TOTAL OF THE GRANTS TO BE
MADE UNDER THIS SECTION TO HEALTH SYSTEMS AGENCIES FOR ANY FISCAL YEAR
EXCEEDS THE TOTAL OF THE AMOUNT APPROPRIATED UNDER PARAGRAPH (1) FOR
THAT FISCLA YEAR, THE AMOUNT OF THE GRANT FOR THAT FISCLA YEAR TO EACH
HEALTH SYSTEMS AGENCY SHALL BE AN AMOUNT WHICH BEARS THE SAME RATIO TO
THE AMOUNT DETERMINED FOR THAT AGENCY FOR THAT FISCAL YEAR UNDER
SUBSECTION (B) AS THE TOTAL OF THE AMOUNT APPROPRIATED UNDER PARAGRPAH
(1) FOR THAT FISCAL YEAR BEARS TO THE TOTAL AMOUNT REQUIRED TO MAKE
GRANTS TO ALL HEALTH SYSTEMS AGENCIES IN ACCORDANCE WITH THE APPLICAVLE
PROVISON OF SUBSECTION (B); EXCEPT THAT THE AMOUNT OF ANY GRANT TO A
HELATH SYSTEMS AGENCY FOR NAYFISCAL YEAR SHALL NOT BE LESS THAN
$175,000, UNLESS THE AMOUNT APPROPRIATED FOR THAT FISCAL YEAR UNDER
PARAGRAPH (1) IS LESS THAN THE AMOUNT REQUIRED TO MAKE SUCH A GRANT TO
EACH HEALTH SYSTEMS AGENCY.
"SEC. 1521. (A) FOR THE PURPOSE OF THE PERFORMANCE WITHIN EACH STATE
OF THE HEALTH PLANNING AND DEVELOPMENT FUNCTIONS PRESCRIBED BY SECTION
1523, THE SECRETARY SHALL ENTER INTO AND RENEW AGREEMENTS (DESCRIBED IN
SUBSECTION (B)) FOR THE DESIGNATIPON OF A STATE HEALTH PLANNING AND
DEVELOPMENT AGENCY FOR EACY STATE OTHER THAN A STATE FOR WHICH THE
SECRETARY MAY NOT UNDER SUBSECTION (D) ENTER INTO, CONTINUE IN EFFECT,
OR RENEW SUCH AN AGREEM,ENT.
"(B)(1) A DESIGNATION AGREEMENT UNDER SUBSECTION (A) IS AN AGREEMENT
WITH THE GOVERNOR OF A STATE FOR THE DESIGNATION OF AN AGENCY (SELECTED
BY THE GOVERNOR) OF THE GOVERNMENT OF THAT STATE AS THE STATE HELATH
PLANNING AND DEVELOPMENT AGENCY (HEREINAFTER IN THIS PART REFERRED TO AS
THE 'STATE AGENCY') TO ADMINISTER THW STATE ADMINISTRATIVE PROGRAM
PRESCRIBED BY SECTION 1522 AND TO CARRY OUT THE STATE'S HEALTH PLANNING
AND DEVELOPMENT FUNCTIONS PRESCRIBED BY SECTION 1523. THE SECRETARY MAY
NOT ENTER INTO SUCH AN AGREEMENT WITH THE GOVERNOR OF A STATE UNLESS--'
"(A) THERE HAS BEEN SUBMITTED BY THE STATE A STATE
ADMINISTRATIVE PROGRAM WHICH HAS BEEN APPROVED BY THE SECRETARY,
"(B) AN APPLICATION HAS BEEN MADE TO THE SECRETARY FOR SUCH AN
AGREEMENT AND THE APPLICATION CONTAINS ASSURANCES SATISFACTORY TO
THE SECRETARY THAT THE AGENCY SELECTED BY THE GOVERNOR FOR
DESIGNATION AS THE STATE AGENCY HAS THE AUTHORITY AND RESOURCES TO
ADMINISTER THE STATE ADMINISTRATIVE PROGRAM OF THE STATE AND TO
CARRY OUT THE HELATH PLANNING AND DEVELOPMENT FUNCTIONS PRESCRIBED
BY SECTION 1523, AND
"(C) IN THE CASE OF AN AGREEMENT ENTERED INTO UNDER PARAGRAPH
(3), THERE HAS BEEN ESTABLISHED FOR THE STATE A STATEWIDE HELATH
COORDINATING COUNCIL MEETING THE REQUIREMENTS OF SECTION 1524.
"(2)(A) THE AGREEMENT ENTERED INTO WITH A GOVERNOR OF A STATE UNDER
SUBSECTION (A) MAY PROVIDE FOR THE DESIGNATION OF A STATE AGENCY ON A
CONDITIONAL BASIS WITH A VIEW TO DETERMINING THE CAPACITY OF THE
DESIGNATED STATE AGENCY TO ADMINISTER THE STATE ADMINISTRATIVE PROGRAM
OF THE STATE AND TO CARRY OUT THE HEALTH PLANNING AND DEVELOPMENT
FUNCTIONS PRESCRIBED BY SECTION 1523. THE SECRETARY SHALL REQUIRE AS A
CONDITION TO THE ENTERING INTO OF SUCH AN AGREEMENT THAT THE GOVERNOR
SUBMIT ON BEHALF OF THE AGENCY TO BE DESIGNATED A PLAN FOR THE AGENCY'S
ORDERLY ASSUMPTION AND IMPLEMENTATION OF SUCH FUNCTIONS.
"(B) THE PERIOD OF AN AGREEMETN DESCRIBED IN SUBPARAGRAPH (A) MAY NOT
EXCEED TWENTY-FOUR MONTHS. DURING SUCH PERIOD THE SECRETARY MAY REQUIRE
THAT THE DESIGNATED STATE AGENCY PERFORM ONLY SUCH OF THE FUNCTIONS OF A
STATE AGENCY PRESCRIBED BY SECTION 1523 AS HE DETERMINES IT IS CAPABLE
OF PERFORMING. THE MUMBER AND TYPE OF SUCH FUNCTIONS SHALL, DURING SUCH
PERIOD, BE PROGRESSIVELY INCREASED AS THE DESIGNATED STATE AGENCY
BECOMES CAPABLE OF ADDED RESPONSIBILITY, SO THAT BY THE END OF SUCH
PERIOD THE DESIGNATED STATE AGENCY MAY BE CONSIDERED FOR DESIGNATION
UNDER PARAGRAPH (3).
"(C) ANY AGREEMENT WITH A GOVERNOR OF A STATE ENTERED INTO UNDER
SUBPARAGRAPH (A) MAY BE TERMINATED BY THE GOVERNOR UPON NINETY DAYS'
NOTICE TO THE SECRETARY OR BY THE SECRETARY UPON NINETY DAYS' NOTICE TO
THE GOVERNOR.
"(3) IF, ON THE BASIS OF AN APPLICATION FOR DESIGNATION AS A STATE
AGENCY (AND, IN THE CASE OF AN AGENCY CONDITIONALLY DESIGNATED UNDER
PARAGRAPH (2), ON THE BASIS OF ITS PERFORMANCE UNDER AN AGREEMENT WITH A
GOVERNOR OF A STATE ENTERED INTO UNDER SUCH PARAGRAPH), THE SECRETARY
DETERMINES THAT THE AGENCY IS CAPABLE OF FULFILLING, IN A SATISFACTORY
MANNER, THE RESPONSIBILITIES OF A STATE AGENCY, HE SHALL ENTER INTO AN
AGREEMENT WITH THE GOVERNOR OF THE STATE DESIGNATING THE AGENCY AS THE
STATE AGENCY FOR THE STATE. NO SUCH AGREEMENT MAY BE MADE UNLESS AN
APPLICATION THEREFOR IS SUBMITTED TO, AND APPROVED BY, THE SECRETARY.
ANY SUCH AGREEMENT SHALL BE FOR A TERM OF NOT TO EXCEED TWELVE MONTHS,
EXCEPT THAT, PRIOR TO THE EXPIRATION OF SUCH TERM, SUCH AGREEMENT MAY BE
TERMINATED--'
"(A) BY THE GOVERNOR AT SUCH TIME AND UPON SUCH NOTICE TO THE
SECRETARY AS HE MAY BY REGULATION PRESCRIBE, OR
"(B) BY THE SECRETARY, AT SUCH TIME AND UPON SUCH NOTICE TO THE
GOVERNOR AS THE SECRETARY MAY BY REGULATION PRESCRIBE, IF THE SECRETARY
DETERMINES THAT THE DESIGNATED STATE AGENCY IS NOT COMPLYING WITH OR
EFFECTIVELY CARRYING OUT THE PROVISIONS OF SUCH AGREEMENT. AN AGREEMENT
UNDER THIS PARAGRAPH SHALL CONTAIN SUCH PROVISIONS AS THE SECRETARY MAY
REQUIRE TO ASSURE THAT THE REQUIREMENTS OF THIS PART RESPECTING STATE
AGENCIES ARE COMPLIED WITH.
"(4) AN AGREEMENT ENTERED INTO UNDER PARAGRAPH (3) FOR THE
DESIGNATION OF A STATE AGENCY MAY BE RENEWED BY THE SECRETARY FOR A
PERIOD NOT TO EXCEED TWELVE MONTHS IF HE DETERMINES THAT IT HAS
FULFILLED, IN A SATISFACOTRY MANNER, THE RESPONSIBILITIES OF A STATE
AGENCY DURING THE PERIOD OF THE AGREEMENT TO BE RENEWED AND IF THE
APPLICABLE STATE ADMINISTRATIVE PROGRAM CONTINUES TO MEET THE
REQUIREMENTS OF SECTION 1522.
"(C) IF A DESIGNATION AGREEMENT WITH THE GOVERNOR OF A STATE ENTERED
INTO UNDER SUBSECTION (B)(2) OR (B)(3) IS TERMINATED BEFORE THE DATE
PRESCRIBED FOR ITS EXPIRATION, THE SECRETARY SHALL, UPON APPLICATION AND
IN ACCORDANCE WITH SUBSECTION (B)(2) OR (B)(3) (AS THE SECRETARY
DETERMINES APPROPRIATE), ENTER INTO ANOTHER AGREEMENT WITH THE GOVERNOR
FOR THE DESIGNATION OF A STATE AGENCY.
"(D) IF, UPON THE PEXPIRATION OF THE FOURTH FISCAL YEAR WHICH BEGINS
AFTER THE CLAENDAR YEAR IN WHICH THE NATIONAL HEALTH POLICY, PLANNING,
AND RESOURCES DEVELOPMENT ACT OF 1974 IS ENACTED, AN AGREEMENT UNDER
THIS SECTION FOR THE DESIGNATION OF A STATE AGENCY FOR A STATE IS NOT IN
EFFECT, THE SECRETARY MAY NOT MAKE ANY ALLOTMENT, GRANT, LOAN, OR LOAN
GUARANTEE, OR ENTER INTO ANY CONTRACT, UINDER THIS ACT, THE COMMUNITY
MENTAL HEALTH CENTERS ACT, //42 USC 2681 NOTE.// OR THE COMPREHENSIVE
ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION
ACT OF 1970 //42 USC 4571.// FOR THE DEVELOPMENT, EXPANSION, OR SUPPORT
OF HELATH RESOURCES IN SUCH STATE UNTIL SUCH TIME AS SUCH AN AGREEMENT
IS IN EFFECT.
"SEC. 1522. (A) A STATE ADMINISTRATIVE PROGRAM (HEREINAFTER IN THIS
SECTION REFERRED TO AS THE 'STATE PROGRAM') IS A PROGRAM FOR THE
PERFORMANCE WITHIN THE STATE BY ITS STATE AGENCY OF THE FUNCTIONS
PRESCRIBED BY SECTIO BY SECTION 1523. THE SECRETARY MAY NOT APPROVE A
STATE PROGRAM FOR A STATE UNLESS IT--'
"(1) MEETS THE REQUIREMENTS OF SUBSECTION (B);
"(2) HAS BEEN SUBMITTED TO THE SECRETARY BY THE GOVERNOR OF THE
STATE AT SUCH TIME AND IN SUCH DETAIL, AND CONTAINS OR IS
ACCOMPANIED BY SUCH INFORMATION, AS THE SECRETARY DEEMS NECESSARY;
AND
"(3) HAS BEEN SUBMITTED TO THE GENERAL PUBLIC OF THE STATE A
REASONABLE OPPORUNITY FOR A PRESENTATION OF VIEWS ON THE STATE
PROGRAM.
"(B) THE STATE PROGRAM OF A STATE MUST--'
"(1) PROVIDE FOR THE PERFORMANCE WITHIN THE STATE (AFTER THE
DESIGNATION OF A STATE AGENCY AND IN ACCORDANCE WITH THE
DESIGNATION AGREEMENT) OF THE FUNCTIONS PRESCRIBED BY SECTION 1523
AND SPECIFY THE STATE AGENCY OF THE STATE AS THE SOLE AGENCY FOR
THE PERFORMANCE OF SUCH FUNCTIONS (EXCEPT AS PROVIDED IN
SUBSECTION (B) OF SUCH SECTION) AND FOR THE ADMINISTRATION OF THE
STATE PROGRAM;
"(2) CONTAIN OR BE SUPPORTED BY SATISFACTORY EVIDENCE THAT THE
STATE AGENCY HAS UNDER STATE LAW THE AUTHORITY TO CARRY OUT SUCH
FUNCTIONS AND THE STATE PROGRAM IN ACCORDANCE WITH THIS PART AND
CONTAIN A CURRENT BUDGET FOR THE OPERATION OF THE STATE AGENCY;
"(3) PROVIDE FOR ADEQUATE CONSULTATION WITH, AND AUTHORITY FOR,
THE SATE WIDE HEALTH COORDINATING COUNCIL (PRESCRIBED BY SECTION
1524), IN CARRYING OUT SUCH FUNCTIONS AND THE STATE PROGRAM;
"(4)(A) SET FORTH IN SUCH DETAIL AS THE SECRETARY MAY PRESCRIBE
THE QUALIFICATIONS FOR PERSONNEL HAVING RESPONSIBILITIES IN THE
PERFORMANCE OF SUCH FUNCTIONS AND THE STATE PROGRAM, AND REQUIRE
THE STATE AGENCY TO HAVE A PROFESSIONAL STAFF FOR PLANNING AND A
PROFESSIONAL STAFF FOR DEVELOPMENT, WHICH STAFFS SHALL BE OF SUCH
SIZE AND MEET SUCH QUALIFICATIONS AS THE SECRETARY MAY PRESCRIBE;
"(B) PROVIDE FOR SUCH METHODS OF ADMINISTRATION AS ARE FOUND BY
THE SECRETARY TO BE NECESSARY FOR THE PROPER AND EFFICIENT
ADMINISTRATION OF SUCH FUNCTIONS AND THE STATE PROGRAM, INCLUDING
METHODS RELATING TO THE ESTABLISHMENT AND MAINTENANCE OF PERSONNEL
STANDARDS ON A MERIT BASIS CONSISTENT WITH SUCH STANDARDS AS ARE
OR MAY BE ESTABLISHED BY THE CIVIL SERVICE COMMISSION UNDER
SECTION 208(A) OF THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970
(PUBLIC LAW 91 - 648), //42 USC 4728.// BUT THE SECRETARY SHALL
EXERCISE NO AUTHORITY WITH RESPECT TO THE SELECTION, TENURE OF
OFFICE, AND COMPENSATION OF ANY INDIVIDUAL EMPLOYED IN ACCORDANCE
WITH THE METHODS RELATING TO PERSONNEL STANDARDS ON A MERIT BASIS
ESTABLISHED AND MAINTAINED IN CONFORMITY WITH THIS PARAGRAPH;
"(5) REQUIRE THE STATE AGENCY TO PERFORM ITS FUCTIONS IN
ACCORDANCE WITH PROCEDURES AND CRITERIA ESTABLISHED AND PUBLISHED
BY IT, WHICH PROCEDURES AND CRITERIA SHALL CONFORM TO THE
REQUIREMENTS OF SECTION 1532;
"(6)REQUIRE THE STATE AGENCY TO (A) CONDUCT ITS BUSINESS
MEETINGS IN PUBLIC, (B) GIVE ADEQAUTE NOTICE TO THE PUBLIC OF SUCH
MEETINGS, AND (C) MAKE ITS RECORDS AND DATA AVAILABLE, UPON
REQUEST, TO THE PUBLIC;
"(7)(A) PROVIDE FOR THE COORDINATION (IN ACCORDANCE WITH
REGULATIONS OF THE SECRETARY) WITH THE COOPERATIVE SYSTEM PROVIDED
FOR UNDER SECTION 306(E) //42 USC 242D.// OF THE ACTIVITIES OF THE
STATE AGENCY FOR THE COLLECTION, RETRIEVAL, ANALYSIS, REPORTING,
AND PUBLICATOIN OF STATISTICAL AND OTHER INFORMATION REALTED TO
HEALTH AND HEALTH CARE, AND (B) REQUIRE PROVIDERS OF HEALTH CARE
DOING BUSINESS IN THE STATE TO MAKE STATISTICAL AND OTHER REPORTS
OF SUCH INFORMATION TO THE STATE AGENCY;
"(8) PROVIDE, IN ACCORDANCE WITH METHODS AND PROCEDURES
PRESCRIBED OR APPROVED BY THE SECRETARY, FOR THE EVALUATION, AT
LEAST ANNUALLY, OF THE PERFORMANCE BY THE STATE AGENCY OF ITS
FUNCTIONS AND OF THIER ECONOMIC EFFECTIVENESS;
"(9) PROVIDE THAT THE STATE AGENCY WILL FROM TIME TO TIME, AND
IN ANY EVENT NOT LESS OFTEN THAN ANNUALLY, REVIEW THE STATE
PROGRAM AND SUBMIT TO THE SECRETARY REQUIRED MODIFICATIONS;
"(10) REQUIRE THE STATE AGENCY TO MAKE SUCH REPORTS, IN SUCH
FORMA AND CONTAINING SUCH INFORMATIOM, CONCERNING ITS STRUCTURE,
OPERATIONS, PERFORMANCE OF FUNCTIONS, AND OTHER MATTERS AS THE
SECRETARY MAY FROM TIME TO TIME REQUIRE, AND KEEP SUCH RECORDS AND
AFFORD SUCH ACCESS THERETO AS THE SECRETARY MAY FIND NECESSARY TO
VERIFY SUCH REPORTS;
"(11) REQUIRE THE STATE AGENCY TO PROVIDE FOR SUCH FISCAL
CONTROL AND FUND ACCOUNTING PROCEDURES AS THE SECRETARY MAY
REQUIRE TO ASSURE PROPER DISBURSEMENT OF, AND ACCOUNTING FOR,
AMOUNTS RECEIVED FROM THE SECRETARY UNDER THIS TITLE;
"(12) PERMIT THE SECRETARY AND THE COMPPTROLLER GENERAL OF THE
UNITED STATES, OR THIER REPRESENTATIVES, TO HAVE ACCESS FOR THE
PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS OF THE STATE AGENCY PERTINTENT TO THE DISPOSITION OF
AMOUNTS RECEIVED FROM THE SECRETARY UNDER THIS TITLE; AND
"(13) PROVIDE THAT IF THE STATE AGENCY MAKES A DECISION IN THE
PERFORMANCE OF A FUNCTION UNDER PARAGFRAPH (3), (4), (5), OR (6)
OF SECTION 1523(A) OR UNDER TITLE XVI WHICH IS INCONSISTENT WITH A
RECOMMENDATION MADE UNDER SUBSECTION (F), (G), OR (H) OF SECTION
1513 BY A HEALTH SYSTEMS AGENCY WITHIN THE STATE--'
"(A) SUCH DECISION (AND THE RECORD UPON WHICH IT WAS MADE)
SHALL, UPON REQUEST OF THE HEALTH SYSTEMS AGENCY, BE REVIEWED,
UNDER AN APPEALS MECHANISM CONSISTENT WITH STATE LAW GOVERNING THE
PRACTICES AND PROCEDURES OF ADMINISTRATIVE AGENCIES, BY AN AGENCY
OF THE STATE (OTHER THAN THE STATE HEALTH PLANNING AND DEVELOPMENT
AGENCY) DESIGNATED BY THE GOVERNOR, AND
"(B) THE DECISION OF THE REVIEWING AGENCY SHALL FOR PURPOSES OF
THIS TITLE AND TITLE XVI //POST, P. 2258.// BE CONSIDERED THE
DECISION OF THE STATE HEALTH PLANNING AND DEVELOPMENT AGENCY.
"(C) THE SECRETARY SHALL APPROVE ANY STATE PROGRAM AND ANY
MODIFICATION THEREOF WHICHCOMPLIES WITH SUBSECTIONS (A) AND (B). THE
SECRETARY SHALL REVIEW FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS PART
THE SPECIFICATIONS OF AND OPERATIONS UNDER EACH STATE PROGRAM APPROVED
BY HIM. SUCH REVIEW SHALL BE CONDUCTED NOT LESS OFTEN THAN ONCE EACH
YEAR.
"SEC. 1523. (A) EACH STATE AGENCY OF A STATE DESIGNATED UNDER
SECTION 1521(B)(3) SHALL, EXCEPT AS AUTHORIZED UNDER SUBSECTION (B),
PERFORM WITHIN THE STATE THE FOLLOWING FUNCTIONS:
"(1) CONDUCT THE HEALTH PLANNING ACTIVITIES OF THE STATE AND
IMPLEMENT THOSE PARTS OF THE STATE HEALTH PLAN (UNDER SECTION
1524(C)(2)) AND THE PLANS OF THE HEALTH SYSTEMS AGENCIES WITHIN
THE STATE WHICH RELATE TO THE GOVERNMENT OF THE STATE.
"(2) PREPARE AND REVIEW AND REVISE AS NECESSARY (BUT AT LEAST
ANNUALLY) A PRELIMINARY STATE HEALTH PLAN WHICH SHALL BE MADE UP
ON THE HSP'S OF THE HEALTH SYSTEMS AGENCIES WITHIN THE STATE.
SUCH PRELIMINARY PLAN MAY, AS FOUND NECESSARY BY THE STATE AGENCY,
CONTAIN SUCH REVISIONS OF SUCH HSP'S TO ACHIEVE THEIR APPROPRIATE
COORDINATION OR TO DEAL MORE EFFECTIVELY WITH STATEWIDE HEALTH
NEEDS. SUCH PRELIMINARY PLAN SHALL BE SUBMITTED TO THE STATEWIDE
HEALTH COORDINATING COUNCIL OF THE STATE FOR APPROVAL OR
DISAPPROVAL AND FOR USE IN DEVELOPING THE STATE HEALTH PLAN
REFERRED TO IN SECTION 1524(C).
"(3) ASSIST THE STATEWIDE HEALTH COORDINATING COUNCIL OF THE
STATE IN THE REVIEW OF THE STATE MEDICAL FACILITIES PLAN REQUIRED
UNDER SECTION 1603, AND IN THE PERFORMANCE OF ITS FUNCTIONS
GENERALLY. //POST, P. 2259.//
"(4)(A) SERVE AS THE DESIGNATED PLANNING AGENCY OF THE STATE
FOR THE PURPOSES OF SECTION 1122 OF THE SECIAL SECURITY ACT //42
USC 1320A-1.// IF THE STATE HAS MADE AN AGREEMENT PURSUANT TO SUCH
SECTION, AND (B) ADMINISTER A STATE CERTIFICATE OF NEED PROGRAM
WHICH APPLIES TO NEW INSTITUTIONAL HEALTH SERVICES PROPOSED TO BE
OFFERED OR DEVELOPED WITHIN THE STATE AND WHICH IS SATISFACTORY TO
THE SECRETARY. SUCH PROGRAM SHALL PROVIDE FOR REVIEW AND
DETERMINATION OF NEED PRIOR TO THE TIME SUCH SERVICES, FACILITIES,
AND ORGANIZATIONS ARE OFFERED OR DEVELOPED OR SUBSTANTIAL
EXPENDITURES ARE UNDERTAKEN IN PREPARATION FOR SUCH OFFERING OR
DEVELOPMENT, AND PROVIDE THAT ONLY THOSE SERVICES, FACILITIES, AND
ORGANIZATIONS FOUND TO BE NEEDED SHALL BE OFFERED OR DEVELOPED IN
THE STATE. IN PERFORMING ITS FUNCTIONS UNDER THIS PARAGRAPH THE
STATE AGENCY SHALL CONSIDER RECOMMENDATIONS MADE BY HEALTH SYSTEMS
AGENCIES UNDER SECTION 1513(F).
"(5) AFTER CONSIDERATION OF RECOMMENDATIONS SUBMITTED BY HEALTH
SYSTEMS AGENCIES UNDER SECTION 1415(F) RESPECTING NEW
INSTITUTIONAL HEALTH SERVICES PROPOSED TO BE OFFERED WITHIN THE
STATE, MAKE FINDINGS AS TO THE NEED FOR SUCH SERVICES.
"(6) REVIEW ON A PERIODIC BASIS (BUT NOT LESS OFTEN THAN EVERY
FIVE YEARS) ALL INSTITUTIONAL HEALTH SERVICES BEING OFFERED IN THE
STATE AND, AFTER CONSIDERATION OF RECOMMENDATION SUBMITTED BY
HEALTH SYSTEMS AGENCIES UNDER SECTION 1513(G) RESPECTING THE
APPROPRIATENESS OF SUCH SERVICES, MAKE PUBLIC ITS FINDINGS.
"(B)(1) ANY FUNCTION DESCRIBED IN SUBSECTION (A) MAY BE PERFORMED BY
ANOTHER AGENCY OF THE STATE GOVERNMENT UPON REQUEST OF THE GOVERNOR
UNDER AN AGREEMENT WITH THE STATE AGENCY SATISFACTORY TO THE SECRETARY.
"(2) THE REQUIREMENT OF APRAGRAPH (4)(B) OF SUBSECTION (A) SHALL NOT
APPLY TO A STATE AGENCY OF A STATE UNTIL THE EXPIRATION OF THE FIRST
REGULAR SESSION OF THE LEGISLATURE OF SUCH STATE WHICH BEGINS AFTER THE
DATE OF ENACTMENT OF THIS TITLE.
"(3) A STATE AGENCY SHALL COMPLETE ITS FINDINGS WITH RESPECT TO THE
APPROPRIATENESS OF ANY EXISTING INSTITUTIONAL HEALTH SERVICE WITHIN ONE
YEAR AFTER THE DATE OF A HEALTH SYSTEMS AGENCY HAS MADE ITS
RECOMMENDATION UNDER SECTION 1513(G) WITH RESPECT TO THE APPROPRIATENESS
OF THE SERVICE.
"(C) IF A STATE AGENCY MAKES A DECISION IN CARRYING OUT A FUNCTION
DESCRIBED IN PARAGRAPH (4), (5), (6), OR (7) OF SUBSECTION (A) WHICH IS
NOT CONSISTENT WITH THE GOALS OF THE APPLICABLE HSP OR THE PRIORITIES OF
THE APPLICABLE AIP, THE STATE AGENCY SHALL SUBMIT TO THE APPROPRIATE
HEALTH SYSTEMS AGENCY A DETAILED STATEMENT OF THE REASONS FOR THE
INCONSISTENCY.
"SEC. 1524. (A) A STATE HEALTH PLANNING AND DEVELOPMENT AGENCY
DESIGNATED UNDER SECTION 1521 SHALL BE ADVISED BY A STATEWIDE HEALTH
COORDINATING COUNCIL (HEREINAFTER IN THIS SECTION REFERRED TO AS THE
'SHCC') WHICH (2) IS ORGANIZED IN THE MANNER DESCRIBED BY SUBSECTION
(B), AND (2) PERFORMS THE FUNCTIONS LISTED IN SUBSECTION (C).
"(B)(1) A SHCC OF A STATE SHALL BE COMPOSED IN THE FOLLOWING MANNER:
"(A)(I) A SHCC SHALL HAVE NO FEWER THAN SIXTEEN REPRESENTATIVES
APPOINTED BY THE GOVERNOR OF THE STATE FROM LISTS OF AT LEAST FIVE
NOMINEES SUBMITTED TO THE GOVERNOR BY EACH OF THE HEALTH SYSTEMS
AGENCIES DESIGNATED FOR HEALTH SERVICE AREAS WHICH FALL, IN WHOLE
OR IN PART, WITHIN THE STATE.
"(II) EACH SUCH HEALTH SYSTEMS AGENCY SHALL BE ENTITLED TO THE
SAME NUMBER OF REPRESENTATIVES ON THE SHCC.
"(II) EACH SUCH HEALTH SYSTEMS AGENCY SHALL BE ENTITLE TO AT
LEAT TWO REPRESENTATIVES ON THE SHCC. OF THE REPRESENTATIVES OF A
HEALTH SYSTEMS AGENCY, NOT LESS THAN ONE-HALF SHALL BE INDIVIDUALS
WHO ARE CONSUMERS OF HEALTH CARE AND WHO ARE NOT PROVIDERS OF
HEALTH CARE.
"(B) IN ADDITION TO THE APPOINTMENTS MADE UNDER SUBPARAGRAPH
(A), THE GOVERNOR OF THE STATE MAY APPOINT SUCH PERSONS (INCLUDING
STATE OFFICIALS, PUBLIC ELECTED OFFICIALS, AND OTHER
REPRESENTATIVES OF GOVERNMENTAL AUTHORITIES WITHIN THE STATE) TO
SERVE ON THE SHCC AS HE DEEMS APPROPRIATE; EXCEPT THAT (I) THE
NUMBER OF PERSONS APPOINTED TO THE SHCC INDER THIS SUBPARAGRAPH
MAY NOT EXCEED 40 PER CENTUM OF THE TOTAL MEMBERSHIP OF THE SHCC,
AND (II) A MAJORITY OF THE PERSONS APPOINTED BY THE GOVERNOR SHALL
BE CONSUMERS OF HEALTH CARE WHO ARE NOT ALSO PROVIDERS OF HEALTH
CARE.
"(C) NOT LESS THAN ONE-THIRD OF HT EPROVIDERS OF HEALTH CARE
WHO ARE MEMBERS OF A SHCC SHALL BE DIRECT PROVIDERS OF HEALTH CARE
(AS DESCRIBED IN SECTIO 1531(3)).
"(D) WHERE TWO OR MORE HOSPITALS OR OTHER HEALTH CARE
FACILITIES OF THE VETERAN'S ADMINISTRATION ARE LOCATED IN A STATE,
THE SHCC SHALL, IN ADDITION TO THE APPOINTED MEMBERS, INCLUDE, AS
AN EX OFFIO MEMBER, AN INDIVIDUAL WHOM THE CHIEF MEDICAL DIRECTOR
OF THE VETERAN'S ADMINISTRATION SHALL HAVE DESIGNATED AS A
REPRESENTATIVE OF SUCH FACILITIES.
"(2) THE SHCC SHALL SELECT FROM AMONG ITS MEMBERS A CHAIRMAN.
"(3) THE SHCC SHALL CONDUCT ALL OF ITS BUSINESS MEETINGS IN PUBLIC,
AND SHALL MEET AT LEAST ONCE IN EACH CLAENDAR QUARTER OF A YEAR.
"(C) A SHCC SHALL PERFORM THE FOLLOWING FUNCTIONS:
"(1) REVIEW ANNUALLY AND COORDINATE THE HSP AND AIP OF EACH
HEALTH SYSTEMS AGENCY WITHIN THE STATE AND REPORT TO THE
SECRETARY, FOR PURPOSES OF HIS REVIEW UNDER SECTION 1535(C), ITS
COMMENTS ON SUCH HSP AND AIP.
"(2)(A) PREPARE AND REVIEW AND REVISE AS NECESSARY (BUT AT
LEAST ANNUALLY) A STATE HEALTH PLAN WHICH SHALL BE MADE UP OF THE
HSP'S OF THE HELATH SYSTEMS AGENCIES WITHIN THE STATE. SUCH PLAN
MAY, AS FOUND NECESSARY BY THE SHCC, CONTAIN REVISIONS OF SUCH
HSP'S TO ACHIEVE THEIR APPROPRIATE COORDINATION OR TO DEAL MORE
EFFECTIVELY WITH STATEWIDE HEALTH NEEDS. EACH HEALTH SYTE,S
AGENCY WHICH PARTICIPATES IN THE SHCC SHALL AMKE AVAILABLE TO THE
SHCC ITS HSP FOR EACH YEAR FOR INTEGRATION INTO THE STATE HEALTH
PLAN AND SHALL, AS REQUIRED BY THE SHCC, REVISE ITS HSP TO ACHIEVE
APPROPRIATE COORDINATION WITH THE HSP'S OF THE OTHER AGENCIES
WHICH PARTICIPATE IN THE SHCC OR TO DEAL MORE EFFECTIVELY WITH
STATEWIDE HEALTH NEEDS.
"(B) IN THE PREPARATION AND REVISION OF THE STATE HEALTH PLAN,
THE SHCC SHALL REVIEW AND CONSIDER THE PRELIMINARY STATE HELATH
PLAN SUBMITTED BY THE STATE AGENCY UNDER SECTION 1523(A)(2), AND
SHALL CONDUCT A PUBLIC HEARING ON THE PLAN AS PROPOSED AND SHALL
GIVE INTERESTED PERSONS AN OPPORUNITY TO SUBMIT THEIR VIEWS ORALLY
AND IN WRITING. NOT LESS THAN THIRTY DAYS PRIOR TO ANY SUCH
HEARING, THE SHCC SHALL PUBLISH IN AT LEAST TWO NEWSPAPERS OF
GENERAL CIRCULATION IN THE STATE A NOTICE OF ITS CONSIDERATION OF
THE PROPOSED PLAN, THE TIME AND PLACE OF THE HEARING, THE PLACE AT
WHICH INTERESTED PERSONS MAY CONSULT THE PLAN IN ADVANCE OF THE
HEARING, AND THE PLACE AND PERIOD DURING WHICH TO DIRECT WRITTEN
COMMENT TO THE SHCC ON THE PLAN.
"(3) REVIEW ANNUALLY THE BUDGET OF EACH SUCH HEALTH SYSTEMS
AGENCY AND REPORT TO THE SECRETARY, FOR THE PURPOSES OF HIS REVIEW
UNDER SECTION 1535(A), ITS COMMENTS ON SUCH BUDGET.
"(4) REVIEW APPLICATIONS SUBMITTED BY SUCH HEALTH SYSTEMS
AGENCIES FOR GRANTS UNDER SECTIONS 1516 AND 1640 AND REPORT TO THE
SECRETARY ITS COMMENTS ON SUCH APPLICATIONS. //POST, P. 2273.//
"(5) ADVISE THE STATE AGENCY OF THE STATE GENERALLY ON THE
PERFORMANCE OF ITS FUNCTIONS.
"(6) REVIEW ANNUALLY AND APPROVE OR DISAPPROVE ANY STATE PLAN
AND ANY APPLICATION (AND ANY REVISION OF A STATE PLAN OR
APPLICATION) SUBMITTED TO THE SECRETARY AS A CONDITION TO THE
RECEIPT OF ANY FUNDS UNDER ALLOTMENTS MADE TO STATES UNDER THIS
ACT, THE COMMUNITY MENTAL HEALTH CENTERS ACT, //42 USC 2681
NOTE.// OR THE COMPREHENSIVE ALCOHOL ABUSE AND ALCHOLISM
PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970. //42 USC
4571.// NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR ANY
OTHER ACT REFERRED TO IN THE PRECEEDING SENTENCE, THE SECRETARY
SHALL ALLOW A SHCC SIXTY DAYS TO MAKE THE REVIEW REQUIRED BY SUCH
SENTENCE. IF A SHCC DISAPPROVES SUCH A STATE PLAN OR APPICATION,
THE SECRETARY MAY NOT MAKE FEDERAL FUNDS AVAILABLE UNDER SUCH
STATE PLAN OR APPLICATION UNTIL HE HAS MADE, UPON REQUEST OF THE
GOVERNOR OF THE STATE WHICH SUBMITTED SUCH PLAN OR APPLICATION OR
ANOTHER AGENCY OF SUCH STATE, A REVIEW OF THE SHCC DECISIONS. IF
AFTER SUCH REVIEW THE SECRETARY DECIDES TO MAKE SUCH FUNDS
AVAILABLE, THE DECISION BY THE SECRETARY TO MAKE SUCH FUNDS
AVAILABLE SHALL BE SUBMITTED TO THE SHCC AND SHALL CONTAIN A
DETAILED STATEMENT OF THE REASONS FOR THE DECISION.
"SEC. 1525. (A) THE SECRETARY SHALL MAKE GRANTS TO STATE HEALTH
PLANNING AND DEVELOPMENT AGENCIES DESIGNATED UNDER SUBSECTION (B)(2) OR
(B)(3) OF SECTION 1521 TO ASSIS THEM IN MEETING THE COSTS OF THEIR
OPERATION. ANY GRANT MADE UNDER THIS SUBSECTION TO A STATE AGENCY SHALL
BE AVAILABLE FOR OBLIGATION ONLY FOR A PERIOD NOT TO EXCEED THE PERIOD
FOR WHICH ITS DESIGNATION AGREEMENT IS ENTERED INTO OR RENEWED. THE
ANMOUNT OF ANY GRANT MADE UNDER THIS SUBSECTION SHALL BE DETERMINED BY
THE SECRETARY, EXCEPT THAT NO GRANT TO A DESIGNATED STATE AGENCY MAY
EXCEED 75 PER CENTUM OF ITS OPERATION COSTS (AS DETERMINED UNDER
REGULATIONS OF THE SECRETARY) DURING THE PERIOD FOR WHICH THE GRANT IS
AVAILABLE FOR OBLIGATION.
"(B) GRANTS UNDER SUBSECTION (A) SHALL BE MADE ON SUCH TERMS AND
CONDITIONS AS THE SECRETARY MAY PRESCRIBE; EXCEPT THAT THE SECRETARY
MAY NOT MAKE A GRANT TO A STATE AGENCY UNLESS HE RECEIVES SATISFACTORY
ASSURNACES THAT THE STATE AGENCY WILL EXPEND IN PERFORMING THE FUNCTIONS
PRESCRIBED BY SECTION 1523 DURING THE FISCAL YEAR FOR WHICH THE GRANT IS
SOUGHT AN AMOUNT OF FUNDS FROM NON-FEDERAL SOURCES WHICH IS AT LEAST AS
GREAT AS THE AVERAGE AMOUNT OF FUNDS EXPENDED, IN THE THREE YEARS
IMMEDIATELY PRECEDING THE FISCAL YEAR FOR WHICH SUCH GRANT IS SOUGHT, BY
THE STATE, FOR WHICH SUCH STATE AGENCY HAS BEEN DESIGNATED, FOR THE
PURPOSES FOR WHICH FUNDS UNDER SUCH GRANT MAY BE USED (EXCLUDING
EXPENDITURES OF A NONRECURRING NATURE).
"(C) FOR THE PURPOSE OF MAKING PAYMENTS UNDER GRANTS UNDER SUBSECTION
(A), THERE ARE AUTHORIZED TO BE APPROPRIATED $25,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, $30,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976, AND $35,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
"SEC. 1526. (A) FOR THE PURPOSE OF DEMONSTRATING THE EFFECTIVENESS
OF STATE AGENCIESS REGULATING RATES FOR THE PROVISION OF HEALTH CARE,
THE SECRETARY MAY MAKE TO A STATE AGENCY DESIGNATED, UNDER AN AGREEMENT
ENTERED INTO UNDER SECTION 1521(B)(3), FOR A STATE WHICH (IN ACCORDANCE
WITH REGULATIONS PRESCRIBED BY THE SECRETARY) HAS INDICATED AN INTENT TO
REGULATE (OT LATER THAN SIX MONTHS AFTER THE DATE OF THE ENACTMENT OF
THIS TITLE) RATES FOR THE PROVISION OF HEALTH CARE WITHIN THE STATE.
NOT MORE THAN SIX STATE AGENCIES MAY RECEIVE GRANTS UNDER THIS
SUBSECTION.
"(B)(2) A STATE AGENCY WHICH RECIEVES A GRANT UNDER SUBSECTION (A)
SHALL--'
"(A) PROVIDE THE SECRETARY SATISFACTORY EVIDENCE THAT THE STATE
AGENCY HAS UNDER STATE LAW THE AUTHORITY TO CARRY OUT RATE
REGULATION FUNCTIONS IN ACCORDANCE WITH THIS SECTION AND PROVIDE
THE SECRETARY A CURRENT BUDGET FOR THE PERFORMANCE OF SUCH
FUNCTIONS BY IT;
"(B) SET FORTH IN SUCH DETAIL AS THE SECRETARY MAY PRESCRIBE
THE QUALIFICATIONS FOR PERSONNEL HAVING RESPONSIBILITY IN THE
PERFORMANCE OF SUCH FUNCTIONS, AND SHALL HAVE A PROFESSIONAL STAFF
FOR RATE REGULATION, WHICH STAFF SHALL BE HEADED BY A DIRECTOR;
"(C) PROVIDE FOR SUCH METHODS OF ADMINISTRATION AS FOUND BY THE
SECRETARY TO BE NECESSARY FOR THE PROPER AND EFFICIENT
ADMINISTRATION OF SUCH FUNCTIONS;
"(D) PERFORM ITS FUNCTIONS IN ACCORDANCE WITH PROCEDURES
ESTABLISHED AND PUBLISHED BY IT, WHICH PROCEDURES SHALL CONFORM TO
THE REQUIREMENTS OF SECTION 1532;
"(E) COMPLY WITH THE REQUIREMENTS PRESCRIBED BY PARAGRAPHS (6)
THROUGH (12) OF SECTION 1522(B) WITH RESPECT TO THE FUNCTIONS
PRESCRIBED BY SUBSECTION (A);
"(F) PROVIDE FOR THE ESTABLISHMENT OF A PROCEDURE UNDER WHICH
THE STATE AGENCY WILL OBTAIN THE RECOMMENDATION OF THE APPROPRIATE
HEALTH SYSTEMS AGENCY PRIOR TO CONDUCTING A REVIEW OF THE RATES
CHARGED OR PROPOSED TO BE CHARGED FOR SERVICES; AND
"(G) MEET SUCH OTHER REQUIREMETNS AS THE SECRETARY MAY
PRESCRIBE.
"(2) IN PRESCRIBING REQUIREMENTS UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE SECRETARY SHALL CONSIDER THE MANNER IN WHICH A STATE
AGENCY SHALL PERFORM ITS FUNCTIONS UNDER A GRANT UNDER SUBSECTION (A),
INCLUDING WHEHTER THE STATE AGENCY SHOULD--'
"(A) PERMIT THOSE ENGAGED IN THE DELIVERY OF HEALTH SERVICES TO
RETAIN SAVINGS ACCRUING TO THEM FROM EFFECTIVE MANAGEMENT AND COST
CONTROL,
"(B) CREATE INCENTIVES AT EACH POINT IN THE DELIVERY OF HEALTH
SERVICES FOR UTILIZATION OF THE MOST ECONOMICAL MODES OF SERVICES
FEASIBLE,
"(C) DOCUMENT THE NEED FOR AND COST IMPLICATIONS OF EACH NEW
SERVICE FOR WHICH A DETERMINATION OF REIMBURSEMENT RATES IS
COUGHT, AND
"(D) EMPLOY FOR EACH TYPE OR CLASS OF PERSON ENGAGED IN THE
DELIVERY OF HEALTH SERVICES--'
"(C) GRANTS UNDER SUBSECTION (A) SHALL BE MADE ON SUCH TERMS AND
CONDITIONS AS THE SECRETARY MAY PRESCRIBE, EXCEPT THAT (1) SUCH A GRANT
SHALL BE AVAIOLABLE FOR OBLIGATION ONLY DURING THE ONE-YEAR PERIOD
BEGINNING ON THE DATE SUCH GRANT WAS MADE, AND (2) NO STATE AGENCY MAY
RECEIVE MORE THAN THREE GRANTS UNDER SUBSECTION (A).
"(D) EACH STATE AGENCY WHICH RECEIVES A GRANT UNDER SUBSECTION (A)
SHALL REPORT TO THE SECRETARY (IN SUCH FORM AND MANNER AS HE SHALL
PRESCRIBE) ON THE EFFECTIVENESS OF THE EATE REGULATION PROGRAM ASSISTED
BY SUCH GRANT. THE SECRETARY SHALL REPORT ANNUALLY TO THE CONGRESS ON
THE EFFECTIVENESS OF THE PROGRAMS ASSISTED BY THE GRANTS AUTHORIZED BY
SUBSECTION (A).
"(E) THERE ARE AUTHORIZED TO BE APPROPRIATED TO MAKE PAYMENTS UNDER
GRANTS UNDER SUBSECTION (A), $40,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, $5,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND
$6,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.
"SEC. 1531. FOR PURPOSES OF THIS TITLE:
"(1) THE TERM 'STATE' INCLUDES THE DISTRICT OF COLUMBIA AND THE
COMMONWEALTH OF PUERTO RICO.
"(2) THE TERM 'GOVERNOR' MEANS THE CHIEF EXECUTIVE OFFICER OF A STATE
OR HIS DESIGNEE.
"(3) THE TERM 'PROVIDER OF HEALTH CARE' MEANS AN INDIVIDUAL--'
"(A) WHO IS A DIRECT PROVIDER OF HEALTH CARE (INCLUDING A
PHYSICIAN, DENTIST, NURSE, PODIATRIST, OR PHYSICIAN ASSISTANT) IN
THAT THE INDIVIDUALS'S PRIMARY CURRENT ACTIVITY IS THE PROVISION
OF HEALTH CARE TO INDIVIDUALS OR THE ADMINSITRATION OF FACILITIES
OR INSTITUTION (INCLUDING HOSPITALS, LONG-TERM CARE FACILITIES,
OUTPATIENT FACILITIES, AND HEALTH MAINTENANCE ORGANIZATIONS) IN
WHICH SUCH CARE IS PROVIDED AND, WHEN REQUIRED BY STATE LAW, THE
INDIVIDUAL HAS RECEIVED PROFESSIONAL TRAINING IN THE PROVISION OF
SUCH CARE OR IN SUCH ADMINISTRATION AND IS LICENSED OR CERTIFIED
FOR SUCH PROVISION OR ADMINISTRATION; OR
"(B) WHI IS AN INDIRECT PROVIDER OF HEALTH CARE IN THAT THE
INDIVIDUAL--'
"(I) HOLDS A FIDUCIARY POSITION WITH, OR HAS A FIDUCIARY
INTEREST IN, ANY ENTITY DESCRIBED IN SUBCLAUSE (II) OR (IV) OF
CLAUSE (II);
"(II) RECEIVES (EITHER DIRECTLY OR THROUGH HIS SPOUSE) MORE
THAN ONE-TENTH OF HIS GROSS ANNUAL INCOME FROM ANY ONE OR
COMBINATION OF THE FOLLOWING:
"(I) FEES OR OTHER COMPENSATION FOR RESEARCH INTO OR
INSTRUCTION IN THE PROVISION OF HEALTH CARE.
"(II) ENTITIES ENGAGED IN THE PROVISION OF HEALTH CARE OR IN
SUCH RESEARCH OR INSTRUCTIONS.
"(III) PRODUCING OR SUPPLYING DRUGS OR OTHER ARTICLES FOR
INDIVIDUALS OR ENTITIES FOR USE IN THE PROVISION OF OR IN RESEARCH
INTO OR INSTRUCTION IN THE PROVISION OF HEALTH CARE.
"(IV) ENTITIES ENGAGED IN PRODUCING DRUGS OR SUCH OTHER
ARTICLES.
"(III) IS A MEMBER OF THE IMMEDIATE FAMILY OF AN INDIVIDUAL
DESCRIBED IN SUBPARAGRAPH (A) OR IN CLAUSE (I), (II), OR (IV) OF
SUBPARAGRAPH (B); OR
"(IV) IS ENGAGED IN ISSUING ANY POLICY OR CONTRACT OF
INDIVIDUAL OR GROUP HEALTH INSURANCE OR HOSPITAL OR MEDICAL
SERVICE BENEFITS.
"(4) THE TERM 'HEALTH RESOURCES' INCLUDES HEALTH SERVICES, HEALTH
PROFESSIONS PERSONNEL, AND HEALTH FACILITIES, EXCEPT THAT SUCH TERM DOES
NOT INCLUDE CHRISTIAN SCIENCE SANATORIUMS OPERATED, OR LISTED AND
CERTIFIED, BY THE FIRST CHURCH OF CHIRST, SCIENTIST, BOSTON,
MASSACHUSETTS.
"(5) THE TERM 'INSTITUTIONAL HEALTH SERVICES' NEANS THE HEALTH
SERVICES PROVIDED THROUGH HEALTH CARE FACILITIES AND HELATH MAINTENANCE
ORGANIZATIONS (AS SUCH FACILITIES AND ORGANIZATIONS ARE DEFINED IN
REGULATIONS PRESCRIBED UNDER SECTION 1122 OF THE SOCIAL SECURITY ACT)
//42 USC 1320A-1.// AND INCLUDES THE ENTITIES THROUGH WHICH SUCH
SERVICES ARE PROVIDED.
"SEC. 1532. (A) IN CONDUCTING REVIEWS PURSUANT TO SUBSECTIONS (E),
(F), AND (G) OF SECTION 1513 OR IN CONDUCTING ANY OTHER REVIEWS OF
PROPOSED OR EXISTING HEALTH SERVICES, EACH HEALTH SYSTEMS AGENCY SHALL
(EXCEPT TO THE EXTENT APPROVED BY THE SECRETARY) FOLLOW PROCEDURES, AND
APPLY CRITERIA, DEVELOPED AND PUBLISHED BY THE AGENCY IN ACCORDANCE WITH
REGULATIONS OF TH ESECRETARY; AND IN PERFORMING ITS REVIEW FUNCTIONS
UNDER SECTION 1523, A STATE AGENCY SHALL (EXCEPT TO THE EXTENT APPROVED
BY THE SECRETARY) FOLLOW PROCEDURES, AND APPLY CRITERIA, DEVELOPED AND
POUBLISHED BY THE STATE AGENCY IN ACCORDANCE WITH REGULATIONS OF THE
SECRETARY. PROCEDURES AND CRITERIA FOR REVIEWS BY HEATLH SYSTEMS
AGENCIES AND STATES AGENCIES MAY VARY ACCORDING TO THE PURPOSE FOR WHICH
A PARTICULAR REVIEW IS BEING CONDUCTED OR THE TYPE OF HEALTH SERVICES
BEING REVIEWED.
"(B) EACH HEALTH SYSTEMS AGENCY AND STATE AGENCY SHALL INCLUDE IN THE
PROCEDURES REQUIRED BY SUBSECTION (A) AT LEAST THE FOLLOWING:
"(1) WRITTEN NOTIFICATION TO AFFECTED PERSONS OF THE BEGINNING
OF A REVIEW.
"(2) SCHEDULES FOR REVIEWS WHICH PROVIDE THAT NO REVIEW SHALL,
TO THE EXTENT PRACTICABLE, TAKE LONGER THAN NINETY DAYS FROM THE
DATE THE NOTIFICATION DESCRIBED IN PARAGRAPH (1) IS MADE.
"(3) PROVISION FOR PERSONS SUBJECT TO A REVIEW TO SUBMIT TO THE
AGENCY OR STATE AGENCY (IN SUCH FORM AND MANNER AS THE AGENCY OR
STATE AGENCY SHALL PRESCRIBE AND PUBLISH) SUCH INFORMATION AS THE
AGENCY OR STATE AGENCY MAY REQUIRE CONCERNING THE SUBJECT OF SUCH
REVIEW.
"(4) SUBMISSION OF APPLICATIONS (SUBJECT TO REVIEW BY A HEALTH
SYSTEMS AGENCY OR STATE AGENCY) MADE UNDER THIS ACT OR OTHER
PROVISIONS OF LAW FOR FEDERAL FINANCIAL ASSIATANCE FOR HEALTH
SERVICES TO THE HEALTH SYSTEMS AGENCY OR STATE AGENCY AT SUCH TIME
AND IN SUCH MANNER AS IT MAY REQUIRE.
"(5) SUBMISSION OF PERIODIC REPORTS BY PROVIDERS OF HEALTH
SERVICES AND OTHER PERSONS SUBJECT TO AGENCY OR STATE AGENCY
REVIEW RESPECTING THE DEVELOPMENT OF PROPOSALS SUBJECT TO REVIEW.
"(6) PROVISION FOR WRITTEN FINDINGS WHICH STATE THE BASIS FOR
ANY FINAL DECISION OR RECOMMENDATION MADE BY THE AGENCY OR STATE
AGENCY.
"(7) NOTIFICATION OF PROVIDERS OF HELATH SERVICES AND OTHER
PERSONS SUBJECT TO REVIEW, FINDINGS MADE IN THE COURSE OF SUCH
REVIEW, AN DOTHER APPROPRIATE INFORMATION RESPECTING SUCH REVIEW.
"(8) PROVISION FOR PUBLE HEARINGS IN THE COURSE OF AGENCY OR
STATE AGENCY REVIEW IF REQUESTED BY PERSONS DIRECTLY AFFECTED BY
THE REVIEW; AND PROVISION FOR PUBLIC HEARINGS, FOR GOOD CUASE
SHOWN, RESPECTING AGENCY AND STATE AGENCY DECISIONS.
"(9) PREPARATION AND PUBLICATION OF REGULAR REPORTS BY THE
AGENCY AND STATE AGENCY OF THE REVIEWS BEING CONDUCTED (INCLUDING
A STATEMENT CONCERNING THE STATUS OF EACH SUCH REVIEW) AND OF THE
REVIEWS COMPLETED BY THE AGENCY AND STATE AGENCY (INCLUDIN GA
GENERAL STATEMENT OF THE FINDINGS AND DECISIONS MADE IN THE COURSE
OF SUCH REVIEWS) SINCE THE PUBLICATION OF THE LAST SUCH REPORT.
"(10) ACCESS BY THE GENERAL PUBLIC TO ALL APPLICATIONS REVEIWED
BY THE AGENCY AND STATE AGENCY AND TO ALL OTHER WRITTEN MATERIALS
PERTINTENT TO ANY AGENCY OR STATE AGENCY REVIEW.
"(11) IN THE CASE OF CONSTRUCTION PROJECTS, SUBMISSION TO THE
AGENCY AND STATE AGENCY BY THE ENTITIES PROPOSING THE PROJECTS OF
LETTERS OF INTENT IN SUCH DETAIL AS MAY BE NECESSARY TO INFORM THE
AGENCY AND STATE AGENCY OF THE SCOPE AND NATURE OF THE PROJECTS AT
THE EARLIEST POSSIBLE OPPORUNITY IN THE COURSE OF PLANNING OF
SUCHJ CONSTRUCTION PROJECTS.
"(C) CRITERIA REQUIRED BY SUBSECTION (A) FOR HEALTH SYSTEMS AGENCY
AND STATE AGENCY REVIEW SHALL INCLUDE CONSIDERATION OF AT LEAST THE
FOLLOWING:
"(1) THE RELATIONSHIP OF THE HEALTH SERVICES BEING REVIEWED TO
THE APPLICABLE HSP AND AIP.
"(2) THE RELATIONSHIP OF SERVICES REVIEWED TO THE LONG-RANGE
DEVELOPMENT PLAN (IF ANY) OF THE PERSON PROVIDING OR PROPOSING
SUCH SERVICES.
"(3) THE NEED THAT THE POPULATION SERVED OR TO BE SERVE BY SUCH
SERVICES HAS FOR SUCH SERVICES.
"(4) THE AVAILABLITY OF ALTERNATIVES, LESS COSTLY, OR MORE
EFFECTIVE METHODS OF PROVIDING SUCH SERVICES.
"(5) THE RELATIONSHIP OF SERVICES REVIEWED TO THE EXISTING
HEALTH CARE SYSTEM OF THE AREA IN WHICH SUCH SERVICES ARE PROVIDED
OR PROPOSED TO BE PROVIDED.
"(6) IN THE CASE OF HEALTH SERVICES PROPOSED TO BE PROVIDED,
THE AVAILABLITY OF RESOURCES (INCLUDING HEALTH MANPOWER,
MANAGEMENT PERSONNEL, AND FUNDS FOR CAPITAL AND OPERATING NEEDS)
FOR THE PROVISION OF SUCH SERVICES AND THE AVAILABLITY OF
ALTERNATIVE USES OF SUCH RESOURCES FOR THE PROVISION OF OTHER
HEALTH SERVICES.
"(7) THE SPECIAL NEEDS AND CIRCUMSTANCES OF THOSE ENTITIES
WHICH PROVIDE A SUBSTANTIAL PORTION OF THEIR SERVICES OR
RESOURCES, OR BOTH, TO INDIVIDUALS NOT RESIDING IN THE HEALTH
SERVICE AREAS IN WHICH THE ENTITIES ARE LOCATED OR IN ADJACENT
HEALTH SERVICE AREAS. SUCH ENTITIES MAY INCLUDE MEDICAL AND OTHER
HELATH PROFESSIONS SCHOOLS, MULTIDISCIPLINARY CLINICS, SPECIALTY
CENTERS, AND SUCH OTHER ENTITIES AS THE SECRETARY MAY BY
REGULATION PRESCRIBE.
"(8) THE SPECIAL NEEDS AND CIRCUMSTANCES OF HELATH MAINTENANCE
ORGANIZATIONS FOR WHICH ASSISTANCE MAY BE PROVIDED UNDER TITLE
XIII. //42 USC 300E.//
"(9) IN THE CASE OF A CONSTRUCTION PROJECT--'
"SEC. 1533. (A) THE SECRETARY SHALL PROVIDE (DIRECTLY OR THROUGH
GRANTS OR CONTRACTS, OR BOTH) TO DESIGNATED HEALTH SYSTEMS AGENCIES AND
STATE AGENICES (1) ASSISTANCE IN DEVELOPING THEIR HEALTH PLANS AND
APPROACHES TO PLANNING VARIOUS TYPES OF HEALTH SERVICES, (2) TECHNICAL
MATERIALS, INCLUDING MATHODOLOGIES, POLICIES, AND STANDARDS APPROPRIATE
FOR USE IN HEALTH PLANNING, AND (3) OTHER TECHNICAL ASSISTANCE AS MAY BE
NECESSARY IN ORDER THAT SUCH AGENCIES MAY PROPERLY PERFORM THEIR
FUNCTIONS.
"(B) THE SECRETARY SHALL INCLUD IN THE MATERIALS PROVIDED UNDER
SUBSECTION (A) THE FOLLOWING:
"(1)(A) SPECIFICATION OF THE MINIMUM DATA NEEDED TO DETERMINE
THE HEALTH STATUS OF THE RESIDENTS OF A HEALTH SERVICE AREA AND
THE DETERMINANTS OF SUCH STATUS.
"(B) SPECIFICATION OF THE MINIMUM DATA NEEDED TO DETERMINE THE
STATUS OF THE HEALTH RESOURCES AND SERVICES OF A HEALTH SERVICES
AREA.
"(C) SPECIFICATION OF THE MINIMUM DATA NEEDED TO DESCRIBE THE
USE OF HEALTH RESOURCES AND SERVICES WITHIN A HEALTH SERVICE AREA.
"(2) PLANNING APPROACHES, METHODOLOGIES, POLICIES, AND
STANDARDS WHICH SHALL BE CONSISTENT WITH THE GUIDELINES
ESTABLISHED BY THE SECRETARY UNDER SECTION 1501 //ANTE, P.
2227.// FOR APPROPRIATE PLANNING AND DEVELOPMENT OF HEALTH
RESOURCES, AND WHICH SHALL COVER THE PRIORITIES LISTED IN SECTION
1502.
"(3) GUIDELINES FOR THE ORGANIZATION AND OPERATION OF HEALTH
SYSTEMS AGENCIES AND STATE AGENCIES INCLUDING GUIDELINES FOR--'
"(A) THE STRUCTURE OF A HEALTH SYSTEMS AGENCY, CONSISTENT WITH
SECTION 1512(B), AND OF A STATE AGENCY, CONSISTENT WITH SECTION
1522;
"(B) THE CONDUCT OF THE PLANNING AND DEVELOPMENT PROCESSES;
"(C) THE PERFORMANCE OF HEALTH SYSTEMS AGENCY FUNCTIONS IN
ACCORDANCE WITH SECTION 1513; AND
"(D) THE PERFORMANCE OF STATE AGENCY FUNCTIONS IN ACCORDANCE
WITH SECTION 1523.
"(C) IN ORDER TO FACILITATE THE EXCHANGE OF INFORMATION CONCERNING
HELATH SERVICES, HEALTH RESOURCES, AND HEALTH PLANNING AND RESOURCES
DEVELOPMENT PRACTICE AND METHODOLOGY, THE SECRETARY SHALL ESTABLISH A
NATIONAL HEALTH PLANNING INFORMATION CENTER TO SUPPORT THE HEALTH
PLANNING AND RESOURCES DEVELOPMENT PROGRAMS OF HEALTH SYSTEMS AGENCIES,
STATE AGENCIES, AND OTHER ENTITIES CONCERNED WITH HEALTH PLANNING AND
RESOURCES DEVELOPMENT; TO PROVIDE ACCESS TO CURRENT INFORMATION ON
HEALTH PLANNING RESOURCES DEVELOPMENT; AND TO PROVIDE INFORMATION FOR
USE IN THE ANALYSIS OF ISSUES AND PROBLEMS RELATED TO HELATH PLANNING
AND RESOURCES DEVELOPMENT.
"(D) THE SECRETARY SHALL ESTABLISH THE FOLLOWING WITHIN ONE YEAR OF
THE DATE OF ENACTMENT OF THIS TITLE:
"(1) A UNIFORM SYSTEM FOR CALCULATING THE AGGREGATE COST OF
OPERATION AND THE AGGREGATE VOLUME OF SERVICES PROVIDED BY HEALTH
SERVICES INSTITUTIONS AS DEFINED BY THE SECRETARY IN REGULATIONS.
SUCH SYSTEM SHALL PROVIDE FOR THE CALCULATION OF THE AGGREGATE
VOLUME TO BE BASED ON:
"(A) THE NUMBER OF PATIENT DAYS;
"(B) THE NUMBER OF PATIENT ADMISSIONS;
"(C) THE NUMBER OF OUT-PATIENT VISITS; AND
"(D) OTHER RELEVANT FACTORS AS DETERMINED BY THE SECRETARY.
"(2) A UNIFORM SYSTEM FOR COST ACCOUNTING AND CALCULATING THE
VOLUME OF SERVICES PROVIDED BY HEALTH SERVICE INSTITUTIONS. SUCH
SYSTEM SHALL:
"(A) INCLUDE THE ESTABLISHMENT OF SPECIFIC COST CENTERS AND,
WHERE APPROPRIATE, SUBCOST CENTERS.
"(B) INCLUDE THE DESIGNATION OF AN APPROPRIATE VOLUME FACTOR
FOR EACH COST CENTER.
"(C) PROVIDE FOR AN APPROPRIATE APPLICATION OS SUCH SYSTEM IN
THE DIFFERENT TYPES OF INSTITUTIONS (INCLUDING HOSPITALS, NURSING
HOMES, AND OTHER TYPES OF HEALTH SERVICES INSTITUTIONS), AND
DIFFERENT SIZES OF SUCH TYPES OF INSTITUTIONS.
"(3) A UNIFORM SYSTEM FOR CALCULATING RATES TO BE CHARGED TO
HEALTH INSURERS AND OTHER HEALTH INSTITUTIONS PAYORS BY HEALTH
SERVICE INSTITUTIONS. SUCH SYSTEM SHALL:
"(A) BE BASED ON AN ALL-INCLUSIVE RATE FOR VARIOUS CATEGORIES
OF PATIENTS (INCLUDING, BUT NOT LIMITED TO INDIVIDUALS RECEIVING
MEDICAL, SURGICAL, PEDIATRIC, OBSTETRIC, AND PSYCHIATRIC
INSTITUTIONAL HEALTH SERVICES).
"(B) PROVIDE THAT SUCH RATES REFLECT THE TRUE COST OF PROVIDING
SERVICES TO EACH SUCH CATEGORY OF PATIENTS. THE SYSTEM SHALL
PROVIDE THAT REVENUES DERIVED FROM PATIENTS IN ONE CATEGORY SHALL
NOT BE USED TO SUPPORT THE PROVISION OF SERVICES TO PATIENTS IN
ANY OTHER CATEGORY.
"(C) PROVIDE FOR AN APPROPRIATE APPLICATION OF SUCH SYSTEM IN
THE DIFFERENT TYPES OF INSTITUTIONS (INCLUDING HOSPITALS, NURSING
HOMES, AND OTHER TYPES OF HEALTH SERVICE INSTITUTIONS) AND
DIFFERENT SIZES OF SUCH TYPES OF INSTITUTIONS.
"(D) PROVIDE THAT DIFFERENCE IN RATES TO VARIOUS CLASSES OF
PURCHASERS (INCLUDING HEALTH INSURERS, DIRECT SERVICE PAYORS, AND
OTHER HEALTH INSTITUTIONS PAYORS) BE BASED ON JUSTIFIED AND
DOCUMENTED DIFFERENCES IN THE COSTS OF OPERATION OF HEALTH SERVICE
INSTITUTIONS MADE POSSIBLE BY THE ACTIONS OF SUCH PURCHASERS.
"(4) A CLASSIFICATION SYSTEM FOR HEALTH SERVICES INSTITUTIONS.
SUCH CLASSIFICATION SYSTEM SHALL QUANTITATIVELY DESCRIBE AND GROUP
HEATH SERVICES INSTITUTIONS OF THE VARIOUS TYPES. FACTORS
INCLUDED IN SUCH CLASSIFICATION SYSTEM SHALL INCLUDE--'
"(A) THE NUMBER OF BEDS OPERATED BY AN INSTITUTION;
"(B) THE GEOGRAPHIC LOCATION OF AN INSTITUTION;
"(C) THE OPERATION OF A POSTGRADUATE PHYSICIAN TRAINING PROGRAM
BY AN INSTITUTION; AND
"(D) THE COMPLEXITY OF SERVICES PROVIDED BY AN INSTITUTION.
"(5) A UNIFORM SYSTEM FOR THE REPORTING BY HEALTH SERVICES
INSTITUTIONS OF--'
"(A) THE AGGREGATE COST OF OPERATION AND THE AGGREGATE VOLUME
OF SERVICES, AS CALCULATED IN ACCORDANCE WITH THE SYSTEM
ESTABLISHED BY THE SECRETARY UNDER PARAGRAPH (1);
"(B) THE COSTS AND VOLUME OF SERVICES AT VARIOUS COST CENTERS,
AND SUBCOST CENTERS, AS CALCULATED IN ACCORDANCE WITH THE SYSTEM
ESTABLISHED BY THE SECRETARY UNDER PARAGRAPH (2); AND
"(C) RATES, BY CATEGORY OF PATIENT AND CLASS OF PURCHASER, AS
CALCULATED IN ACCORDANCE WITH THE SYSTEM ESTABLISHED BY THE
SECRETARY UNDER PARAGRAPH (3). SUCH SYSTEM SHALL PROVIDE FOR AN
APPROPRIATE APPLICATION OF SUCH SYSTEM IN THE DIFFERENT TYPES ON
INSTITUTIONS (INCLUDING HOSPITALS, NURSING HOMES, AND OTHER TYPES
ON HEALTH SERVICES INSTITUTIONS) AND DIFFERENT SIZES OF SUCH
INSTITUTIONS.
"SEC. 1534. (A) FOR THE PURPOSES OF ASSISTING THE SECRETARY IN
CARRYING OUT THIS TITLE, PROVIDING SUCH TECHNICAL AND CONSULTING
ASSISTANCE AS HELATH SYSTEMS AGENCIES AND STATE AGENCIES MAY FROM TIME
TO TIME REQUIRE, CONDUCTING RESEARCH, STUDIES AND ANALYSES OF HEALTH
PLANNING AND RESOURCES DEVELOPMENT, AND DEVELOPING HEALTH PLANNING
APPROACHES, METHODOLOGIES, POLICIES, AND STANDARDS, THE SECRETARY SHALL
BY GRANTS OR CONTRACTS, OR BOTH, ASSIST PUBLIC OR PRIVATE NONPROFIT
ENTITIES IN MEETING THE COSTS OF PLANNING AND DEVELOPING NEW CENTERS,
AND OPERATING EXISTING AND NEW CENTERS, FOR MULTIDISCIPLINARY HEALTH
PLANNING DEVELOPMENT AND ASSISTANCE. TO THE EXTENT PRACTICABLE, THE
SECRETARY SHALL PROVIDE ASSISTANCE UNDER THIS SECTION SO THAT AT LEAST
FIVE SUCH CENTERS WILL BE IN OPERATION BY JUNE 30, 1976.
"(B)(1) NO GRNAT OR CONTRACT MAY BE MADE UNDER THIS SECTION FOR
PLANNING OR DEVELOPING A CENTER UINLESS THE SECRETARY DETERMINES THAT
WHEN IT IS OPERATIONAL IT WILL MEET THE REQUIREMENTS LISTED IN PARAGRAPH
(2) AND NO GRANT OR CONTRACT MAY BE MADE UNDER THIS SECTION FOR
OPERATION OF A CENTER UNLESS THE CENTER MEETS SUCH REQUIREMENTS.
"(2) THE REQUIREMENTS REFERRED TO IN PARAGRAPH (1) ARE AS FOLLOWS:
"(A) THERE SHALL BE A FULL-TIME DIRECTOR OF THE CENTER WHO
POSSESSES A DEMONSTRATED CAPACITY FOR SUBSTANTIAL ACCOMPLISHMENT
AND LEADERSHIP IN THE FIELD OF HEALTH PLANNING AND RESOURCES
DEVELOPMENT, AND THERE SHALL BE SUCH ADDITOINAL PROFESSIONAL STAFF
AS MAY BE APPROPRIATE.
"(B) THE STAFF OF THE CENTER SHALL REPRESENT A DIVERSITY OF
RELEVANT DISCIPLINES.
"(C) SUCH ADDITIONAL REQUIREMENTS AS THE SECRETARY MAY BY
REGULATION PRESCRIBE.
"(C) CENTERS ASSISTED UNDER THIS SECTION (1) MAY ENTER INTO
ARRANGEMENTS WITH HEALTH SYSTEMS AGENCIES AND STATE AGENCIES FOR THE
PROVISION OF SUCH SERVICES AS MAY BE APPROPRIATE AND NECESSARY IN
ASSISTING THE AGENCIES AND STATE AGENCIES IN PERFORMING THEIR FUNCTIONS
UNDER SECTION 1513 OR 1523, RESPECTIVELY, AND (2) SHALL USE METHODS
(SATISFACTORY TO THE SECRETARY) TO DISSEMINATE TO SUCH AGENCIES AND
STATE AGENCIES SUCH PLANNING APPROACHES, METHODOLOGIES, POLICIES, AND
STANDARDS AS THEY DEVELOP.
"(D) FOR THE PURPOSE OF MAKING PAYMENTS PURSUANT TO GRANTS AND
CONTRACTS UNDER SUBSECTION (A) THERE ARE AUTHORIZED TO BE APPROPRIATED
$5,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, $8,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1976, AND $10,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1977.
"SEC. 1535. (A) THE SECRETARY SHALL REVIEW AND APPROVE OR DISAPPROVE
THE ANNUAL BUDGET OF EACH DESIGNATED HEALTH SYSTEMS AGENCY AND STATE
AGENCY. IN MAKING SUCH REVIEW AND APPROVAL OR DISAPPROVAL THE SECRETARY
SHALL CONSIDER THE COMMENTS OF STATEWIDE HEALTH COORDINATING COUNCILS
SUBMITTED UNDER SECTION 1524(C)(3). INFORMATION SUBMITTED TO THE
SECRETARY BY A HEALTH SYSTEMS AGENCY OR A STATE AGENCY IN CONNECTION
WITH THE SECRETARY'S REVIEW UNDER THIS SUBSECTION SHALL BE MADE
AVAILABLE BY THE SECRETARY, UPON REQUEST, TO THE APPROPRIATE COMMITTEES
(AND THEIR SUBCOMMITTEES) OF THE CONGRESS.
"(B) THE SECRETARY SHALL PRESCRIBE PERFORMANCE STANDARDS COVERING THE
STRUCTURE, OPERATION, AND PERFORMANCE OF THE FUNCTIONS OF EACH
DESIGNATED HEALTH SYSTEMS AGENCY AND STATE AGENCY, AND HE SHALL
ESTABLISH A REPORTING SYSTEM BASED ON THE PERFORMANCE STANDARDS THAT
ALLOWS FOR CONTINUOUS REVIEW OF THE STRUCTURE, OPERATION, AND
PERFORMANCE OF THE FUNCTIONS OF SUCH AGENCIES.
"(C) THE SECRETARY SHALL REVIEW IN DETAIL AT LEAST EVERY THREE YEARS
THE STRUCTURE, OPERATION, AND PERFORMANCE OF THE FUNCTIONS OF EACH
DESIGNATED HEALTH SYSTEMS AGENCY TO DETEMRINE--'
"(1) THE ADEQUACY OF THE HSP OF THE AGENCY FOR MEETING THE
MEEDS OF THE RESIDNETS OF THE AREA FOR A HEALTHFUL ENVIROMENT AND
FOR ACCESSIBLE, ACCEPTABLE AND CONTINUOUS QUALITY HELATH CARE AT
REASONABLE COSTS, AND THE EFFECTIVENESS OF THE AIP IN ACHIEVING
THE SYSTEM DESCRIBED IN THE HSP;
"(2) IF THE STRUCTURE, OPERATION, AND PERFORMANCE OF THE
FUNCTIONS OF THE AGENCY MEET THE REQUIREMENTS OF SECTIONS 1512(B)
AND 1513; //ANTE, P. 2232.//
"(3) THE EXTENT TO WHICH THE AGENCY'S GOVERNING BODY (AND
EXECUTIVE COMMITTEE (IF ANY)) REPRESENTS THE RESIDENTS OF THE
HEALTH SERVICE AREA FOR WHICH THE AGENCY IS DESIGNATED;
"(4) THE PROFESSIONAL CREDENTIALS AND COMPETENCE OF THE STAFF
OF THE AGENCY;
"(5) THE APPROPRIATENESS OF THE DATA ASSEMBLED PURSUANT TO
SECTION 1513(B)(1) AND THE QUALITY OF THE ANALYSES OF SUCH DATA;
"(6) THE EXTENT TO WHICH TECHNICAL AND FINANCIAL ASSISTANCE
FROM THE AGENCY HAVE BEEN UTILIZED IN AN EFFECTIVE MANNER TO
ACHIEVE GOALS AND OBJECTIVES OF THE HSP AND THE AIP; AND
"(7) THE EXTENT TO WHICH IT MAY BE DEMONSTRATED THAT--'
"(A) THE HEALTH OF THE RESIDENTS IN THE AGENCY'S HEALTH SERVICE
AREA HAS BEEN IMPROVED;
"(B) THE ACCESSIBILITY, ACCEPTABILITY, CONTINUITY, AND QUALITY
OF HEALTH CARE IN SUCH AREA HAS BEEN IMPROVED; AND
"(C) INCREASES IN COSTS OF THE PROVISION OF HEALTH CARE HAVE
BEEN RESTRAINED.
"(D) THE SECRETARY SHALL REVIEW IN DETAIL AT LEAST EVERY THREE YEARS
THE STRUCTURE, OPERATION, AND PERFORMANCE OF THE FUNCTIONS OF EACH
DESIGNATED STATE AGENCY TO DETERMINE--'
"(1) THE ADEQUACY OF THE STATE HEALTH PLAN OF THE STATE WIDE
HEALTH COORDINATING COUNCIL PREPARAED UNDER SECTION 1524(C)(2) IN
MEETING THE NEEDS OF THE RESIDENTS OF THE STATE FOR A HEALTHFUL
ENVIROMENT AND FOR ACCESSIBLE,M ACCEPTABLE, AND CONTINUOUS QUALITY
HEALTH CARE AT REASONABLE COSTS;
"(2) IF THE STRUCTURE, OPERATION, AND PERFORMANCE OF THE
FUNCTIONS OF THE STATE AGENCY MEET THE REQUIREMENTS OF SECTIONS
1522 AND 1523;
"(3) THE EXTENT TO WHICH THE STATEWIDE HEALTH COORDINATING
COUNCIL HAS A MEMBERSHIP MEETING, AND HAS PERFORMED IN A MANNER
CONSISTENT WITH, THE REQUIREMENTS OF SECTION 1524;
"(4) THE PROFESSIONAL CREDENTIALS AND COMPETENCE OF THE STAFF
OF THE STATE AGENCY;
"(5) THE EXTENT TO WHICH FINANICAL ASSISTANCE PROVIDED UNDER
TITLE XVI BY THE STATE AGENCY HAS BEEN USED IN AN EFFECTIVE MANNER
TO ACHIEVE THE STATE'S HEALTH PLAN UNDER SECTION 1524(C)( 2); AND
"(6) THE EXTENT TO WHICH IT MAY BE DEMONSTRATED THAT--'
"(A) THE HEALTH OF THE RESIDENTS OF THE STATE HAS BEEN
IMPROVED;
"(B) THE ACCESSIBILITY, ACCEPTABILITY, CONTINUITY, AND QUALITY
OF HEALTH CARE IN THE STATE HAS BEEN IMPROVED; AND
"(C) INCREASES IN COSTS OF THE PROVISION OF HEALTH CARE HAVE
BEEN RESTRAINED.
"SEC. 1536. (A) ANY STATE WHICH--'
"(1) HAS NO COUNTY OR MUNICIPAL PUBLIC HEALTH INSTITUTION OR
DEPARTMENT, AND
"(2) HAS, PRIOR TO THE DATE OF ENACTMENT OF THIS TITLE,
MAINTAINED A HEALTH PLANNING SYSTEM WHICH SUBSTANTIALLY COMPLIES
WITH THE PURPOSES OF THIS TITLE,
AND THE VIRGIN ISLANDS, GUAM, THE TRUST TERRITORIES IN THE PACIFIC
ISLANDS, AND AMERICAN SAMOA SHALL EACH BE CONSIDERED IN ACCORDANCE WITH
SUBSECTION (B) TO BE A STATE FOR PURPOSES OF THIS TITLE.
"(B) IN THE CASE OF AN ENTITY WHICH UNDER SUBSECTION (A) IS TO BE
CONSIDERED A STATE FOR PURPOSES OF THIS TITLE--'
"(1) NO HELATH SERVICE AREA SHALL BE ESTABLISHED WITHIN IT,
"(2) NO HEALTH SYSTEMS AGENCY SHALL BE DESIGNED FOR IT,
"(3) THE STATE AGENCY DESIGNATED FOR IT UNDER SECTION 1521 MAY,
IN ADDITION TO THE FUNCTIONS PRESCRIBED BY SECTION 1523, PERFORM
THE FUNCTIONS PRESCRIBED BY SECTION 1513 AND SHALL BE ELIGIBLE TO
RECEIVE GRANTS AUTHORIZED BY SECTIONS 1516 AND 1640, AND
"(4) THE CHIEF EXECUTIVE OFFICE SHALL APPOINT THE STATEWIDE
HEALTH COORDINATING COUNCIL PRESCRIBED BY SECTION 1524 IN
ACCORDANCE WITH THE REGULATION OF THE SECRETARY."
SEC. 4. THE PUBLIC HEALTH SERVICE ACT, AS AMENDED BY SECTION 3, IS
AMENDED BY ADDING AFTER TITLE XV //ANTE, P. 2227.// THE FOLLOWING NEW
TITLE:
"SEC. 1601. IT IS THE PURPOSE OF THIS TITLE TO PROVIDE ASSISTANCE,
THROUGH ALLOTMENTS UNDER PART B //POST, P. 2262.// AND LOANS AND LOAN
GUARANTEES AND INTEREST SUBSIDIES UNDER PART C, //POST, P. 2264.// FOR
PROJECTS FOR--'
"(1) MODERNIZATION OF MEDICAL FACILITIES;
"(2) CONSTRUCTION OF NEW OUTPATIENT MEDICAL FACILITIES;
"(3) CONSTRUCTION OF NEW INPATIENT MEDICAL FACILITIES IN AREAS
WHICH HAVE EXPERIENCED (AS DETERMINED UNDER REGULATIONS OF THE
SECRETARY) RECENT RAPID POPULATION GROWTH; AND
"(4) CONVERSION OF EXISTING MEDICAL FACILITIES FOR THE PROVISON
OF NEW HEALTH SERVICES,
AND TO PROVIDE ASSISTANCE, THROUGH GRANTS UNDER PART D, FOR CONSTRUCTION
AND MODERNIZATION PROJECTS DESIGNED TO PREVENT OR ELIMINATE SAFETY
HAZARDS IN MEDICAL FAILITIES OR TO AVOID NONCOMPLIANCE BY SUCH
FACILITIES WITH LICENSURE OR ACCREDITATION STANDARDS.
"SEC. 1602. THE SECRETARY SHALL BY REGULATION--'
"(1) PRESCRIBE THE GENERAL MANNER IN WHICH THE STATE AGENCY OF
EACH STATE SHALL DETERMINE FOR THE STATE MEDICAL FACILITIES PLAN
UNDER SECTION 1603 THE PRIORITY AMONG PROJECTS WITHIN THE STATE
FOR WHICH ASSISTANCE IS AVAIABLE UNDER THIS TITLE, BASED ON THE
RELATIVE NEED OF DIFFERENT AREAS WITHIN THE STATE FOR SUCH
PROJECTS AND GIVING SPECIAL CONSIDERATION--'
"(A) TO PROJECTS FOR MEDICAL FACILITIES SERVING AREAS WITH
RELATIVELY SMALL FINANCIAL RESOURCES AND FOR MEDICAL FACILITIES
SERVING RURAL COMMUNITIES,
"(B) IN THE CASE OF PROJECTS FOR MODERNIZATION OF MEDICAL
FACILITIES, TO PROJECTS FOR FACILITIES SERVING DENSELY POPULATED
AREAS,
"(C) IN THE CASE OF PROJECTS FOR CONSTRUCTION OF OUTPATIENT
MEDICAL FACILITIES, TO PROJECTS THAT WILL BE LOCATED IN, AND
PROVIDE SERVICES FOR RESIDENTS OF, AREAS DETERMINED BY THE
SECRETARY TO BE RURAL OR URBAN POVERTY AREAS,
"(D) TO PROJECTS DESIGNED TO (I) ELIMINATE OR PREVENT IMMINENT
SAFETY HAZARDS AS DEFINED BY FEDERAL, STATE, OR LOCAL FIRE,
BUILDING, OR LIFE SAFETY CODES OR REGULATIONS, OR (II) AVOID
NONCOMPLIANCE WITH STATE OR VOLUNTARY LICENSURE OR ACCREDITATION
STANDARDS, AND
"(E) TO PROJECTS FOR MEDICAL FACILITIES WHICH, ALONE OR IN
CONJUNCTION WITH OTHER FACILITIES, WILL PROVIDE COMPREHENSIVE
HEALTH CARE, INCLUDING OUTPATIENT AND PREVENTIVE CARE AS WELL AS
HOSPITALIZATION;
"(2) PRESCRIBE FOR MEDICAL FACILITIES PROJECTS ASSISTED UNDER
THIS TITLE GENERAL STANDARDS OF CONSTRUCTION, MODERNIZATION, AND
EQUIPMENT FOR MEDICAL FACILITIES OF DIFFERENT CLASSES AND IN
DIFFERENT TYPES OF LOCATION;
"(3) PRESCRIBE CRITERIA FOR DETERMINING NEEDS FOR MEDICAL
FACILITY BEDS AND NEEDS FOR MEDICAL FACILITIES, AND FOR DEVELOPING
PLANS FOR THE DISTRIBUTION OF SUCH BEDS AND FACILTIES;
"(4) PRESCRIBE CRITERIA FOR DETERMINING THE EXTENT TO WHICH
EXISTING MEDICAL FACILITIES ARE IN NEED OF MODERNIZATION;
"(5) REQUIRE EACH STATE MEDICAL FACILITIES PLAN UNDER SECTION
1503 TO PROVIDE FOR ADEQUATE MEDICAL FACILITIES FOR ALL PERSONS
RESIDING IN THE STATE AND ADEQUATE FACILITIES TO FURNISH NEEDED
HEALTHSERVICES FOR PERSONS UNABLE TO PAY THEREFOR; AND
"(6) PRESCRIBE THE GENERAL MANNER IN WHICH EACH ENTITY WHICH
RECEIVES FINANCIAL ASSISTANCE UNDER THIS TITLE OR HAS RECEIVE
FINANCIAL ASSISTANCE UNDER THIS TITLE OR TITLE VI //42 USC 291.//
SHALL BE REQUIRED TO COMPLY WITH THE ASSURANCES REQUIRED TO BE
MADE AT THE TIME SUCH ASSISTANCE WAS RECEIVED AND THE MEANS BY
WHICH SUCH ENTITY SHALL BE REQUIRED TO DEMONSTRATE COMPLIANCE WITH
SUCH ASSURANCES.
AN ENTITY SUBJECT TO THE REQUIREMENTS PRESRIBED PURSUANT TO PARAGRAPH
(6) RESPECTING COMPLIANCE WITH ASSURANCES MADE IN CONNECTION WIOTH
RECEIPT OF FINANCIAL ASSISTANCE SHALL SUBMIT PERIODICALLY TO THE
SECRETARY DATA AND INFORMATION WHICH REASONABLY SUPPORTS THE ENTITY'S
COMPLIANCE WITH SUCH ASSURANCES. THE SECRETARY MAY NOT WAIVE THE
REQUIREMENT OF THE PRECEDING SENTENCE.
"SEC. 1603. (A) BEFORE AN APPLICATION FOR ASSISTANCE UNDER THIS
TITLE (OTHER THAN PART D) //POST, P. 2268.// FOR A MEDICAL FACILITY
PROJECT DESCRIBED IN SECTION 1601 MAY BE APPROVED, THE STATE AGENCY OF
THE STATE IN WHICH SUCH PROJECT IS LOCATED MUST HAVE SUBMITTED TO THE
SECRETARY AND HAD APPROVED BY HIM A STATE MEDICAL FACILITIES PLAN. TO
BE APPROVED BY THE SECRETARY A STATE MEDICAL FACILITIES PLAN FOR A STATE
MUST--'
"(1) PRESCRIBE THAT THE STATE AGENCY OF THE STATE SHALL
ADMINISTER OR SUPERVISE THE ADMINISTRATION OF THE PLAN AND CONTAIN
EVIDENCE SATISFACTORY TO THE SECRETARY THAT THE STATE AGENCY HAS
THE AUTHORITY TO CARRY OUT THE PLAN IN CONFOMITY WITH THIS TITLE;
"(2) PRESCRIBE THAT THE STATEWIDE HEALTH COORDINATING COUNCIL
OF THE STATE SHALL ADVISE AND CONSULT WITH THE STATE AGENCY IN
CARRYING OUT THE PLAN;
"(3) BE APPROVED BY THE STATEWIDE HEALTH COORDINATING COUNCIL
AS CONSISTENT WITH THE STATE HEALTH PLAN DEVELOPED PURSUANT TO
SECTION 1524(C)(2);
"(4) SET FORTH, IN ACCORDANCE WITH CRITERIA ESTABLISHED IN
REGULATIONS PRESCRIBED UNDER SECTION 1602(A) AND ON THE BASIS OF A
STATEWIDE INVENTORY OF EXISTING MEDICAL FACILITIES, A SURVEY OF
NEED, AND THE PLANS OF HEALTH YSTEMS AGENCIES WITHIN THE STATE--'
"(A) THE NUMBER AND TYPE OF MEDICAL FACILITY BEDS AND MEDICAL
FACILITIES NEEDED TO IMPROVE ADEQUATE INPATIENT CARE TO PEOPLE
RESIDING IN THE STATE, AND A PLAN FOR THE DISTRIBUTION OF SUCH
BEDS AND FACILITIES IN HEALTH SERVICES AREAS THROUGHOUT THE STATE,
"(B) THE NUMBER AND TYPE OF OUTPATIENT AND OTHER MEDICAL
FACILITIES NEEDED TO PROVIDE ADEQUATE PUBLIC HEALTH SERVICES AND
OUTPATIENT CARE TO PEOPLE RESIDING IN THE STATE, AND A PLAN FOR
THE DISTRIBUTION OF SUCH FACILITIES IN HEALTH SERVICE AREAS
THROUGHOUT THE STATE, AND
"(C) THE EXTENT TO WHICH EXISTING MEDICAL FACILITIES IN THE
STATE ARE IN NEED OF MODERNIZATION OR CONVERSION TO NEW USES;
"(5) SET FORTH A PROGRAM FOR THE STATE FOR ASSISTANCE UNDER
THIS TITLE FOR PROJECTS DESCRIBED IN SECTION 1601, WHICH PROGRAM
SHALL INDICATE THE TYPE OF ASSISTANCE WHICH SHOULD BE MADE
AVAILABLE TO EACH PROJECT AND SHALL CONFORM TO THE ASSESSMENT OF
NEED SET FORTH PURSUANT TO PARAGRAPH (4) AND REGULATIONS
PROMULGATED UNDER SECTION 1602(A);
"(6) SET FORTH (IN ACCORDANCE WITH REGULATIONS PROMULGATED
UNDER SECTION 1602(A)) PRIORITIES FOR THE PROVISION OF ASSISTANCE
UNDER THIS TITLE FOR PROJECTS IN THE PROGRAM SET FORTH PURSUANT TO
PARAGRAPH (4);
"(7) PROVIDE MINIMUM REQUIREMENTS (TO BE FIXED IN THE
DISCRETION OF THE STATE AGENCY) FOR THE MAINTENANCE AND OPERATION
OF FACILITIES WHICH RECEIVE ASSISTANCE UNDER THIS TITLE, AND
PROVIDE FOR ENFORCEMENT OF SUCH STANDARDS;
"(8) PROVIDE FOR AFFORDING TO EVERY APPLICANT FOR ASSISTANCE
FOR A MEDICAL FACILITIES PROJECT UNDER THIS TITLE AN OPPORUNITY
FOR A HEARING BEFORE THE STATE AGENCY; AND
"(9) PROVIDE THAT THE STATE AGENCY WILL FROM TIME TO TIME, BUT
NOT LESS OFTEN THAN ANNUALLY, REVIEW THE PLAN AND SUBMIT TO THE
SECRETARY ANY MODIFICATIONS THEREOF WHICH IT CONSIDERS NECESSARY.
"(B) THE SECRETARY SHALL APPROVE ANY STATE MEDICAL FACILITIES PLAN
AND ANY MODIFICATION THEREOF WHICH COMPLIES WITH THE PROVISIONS OF
SUBSECTION (A) IF THE STATE AGENCY, AS DETERMINED UNDER THE REVIEW MADE
UNDER SECTION 1535(D), IS ORGANIZED AND OPERATED IN THE MANNER
PRESCRIBED BY SECTION 1522 AND IS CARRYING OUT ITS FUNCTIONS UNDER
SECTION 1523 IN A MANNER SATISFACTORY TO THE SECRETARY. IF ANY SUCH
PLAN OR MODIFICATION THEREOF SHALL HAVE BEEN DISAPPROVED BY THE
SECRETARY FOR FAILURE TO COMPLY WITH SUBSECTION (A), THE SECRETARY
SHALL, UPON REQUEST OF THE STATE AGENCY, AFFORD IT AN OPPORUNITY FOR
HEARING.
"SEC. 1604. (A) FOR EACH PROJECT DESCRIBED IN SECTION 1601 AND
INCLUDED WITHIN A STATE'S STATE MEDICAL FACILITIES PLAN APPROVED UNDER
SECTION 1603 THERE SHALL BE SUBMITTED TO THE SECRETARY, THROUGH THE
STATE'S STATE AGENCY, AN APPLICATION. AN APPLICATION FOR A GRANT UNDER
SECTION 1625 SHALL BE SUBMITTED DIRECTLY TO THE SECRETARY. EXCEPT AS
PROVIDED IN SECTION 1625, THE APPLICANT UNDER SUCH AN APPLICATION MAY BE
A STATE, A POLITICAL SUBDIVISION OF A STATE OR ANY OTHER PUBLIC ENTITY,
OR A PRIVATE NONPROFIT ENTITY. IF TWO OR MORE ENTITIES JOIN IN A
PROJECT, AN APPLICATION FOR SUCH PROJECT MAY BE FILED BY ANY OF SUCH
ENTITIES OR BY ALL OF THEM.
"(B)(1) EXCEPT AS AUTHORIZED UNDER PARAGRAPH (2), AN APPLICATION FOR
ANY PROJECT SHALL SET FORTH--'
"(A) IN THE CASE OF A MODERNIZATION PROJECT FOR A MEDICAL
FACILITY FOR CONTINUATION OF EXISTING HEALTH SERVICES, A FINDING
BY THE STATE AGENCY OF A CONTINUED NEED FOR SUCH SERVICES, AND, IN
THE CASE OF ANY OTHER PROJECT FOR A MEDICAL FACILITY, A FINDING BY
THE STATE AGENCY OF THE NEED FOR THE NEW HEALTH SERVICES TO BE
PROVIDED THROUGH THE MEDICAL FACILITY UPON COMPLETION OF THE
PROJECT;
"(B) A DESCRIPTION OF THE SITE OF SUCH PROJECT;
"(C) PLANS AND SPECIFICATIONS THEREFOR WHICH MEET THE
REQUIREMENTS OF THE REGULATIONS PRESCRIBED UNDER SECTION 1602(A);
"(D) REASONABLE ASSURANCE THAT TITLE TO SUCH SITE IS OR WILL BE
VESTED IN ONE OR MORE OF THE ENTITIES FILING THE APPLICATION OR IN
A PUBLIC OR OTHER NONPROFIT ENTITY WHICH IS TO OPERATE THE
FACILITY ON COMPLETION OF THE PROJECT;
"(E) REASONABLE ASSURANCE THAT ADEQUATE FINANCIAL SUPPORT WILL
BE AVAILABLE FOR THE COMPLETION OF THE PROJECT AND FOR ITS
MAINTENANCE AND OPERATION WHEN COMPLETED, AND, FOR THE PURPOSE OF
DETERMINING IF THE REQUIREMENTS OF HTIS SUBPARAGRAPH ARE MET,
FEDERAL ASSISTANCE PROVIDED DIRECTLY TO A MEDICAL FACILITY WHICH
IS LOCATED IN AN AREA DETERMINED BY THE SECRETARY TO BE AN URBAN
OR RURAL POVERTY AREA OR THROUGH BENEFITS PROVIDED INDIVIDUALS
SERVED AT SUCH FACILITY SHALL BE CONSIDERED AS FINANCIAL SUPPORT;
"(F) THE TYPE OF ASSISTANCE BEING SOUGHT UNDER THIS TITLE FOR
THE PROJECT;
"(G) EXCEPT IN THE CASE OF A PROJECT UNDER SECTION 1625, A
CERTIFICATION BY THE STATE AGENCY OF THE FEDERAL SHARE FOR THE
PROJECT;
"(H) REASONABLE ASSURANCE THAT ALL LOBORERS AND MECHANICS
EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS IN THE PERFORMANCE OF
WORK ON A PROJECT WILL BE PAID WAGES AT RATES NOT LESS THAN THOSE
PREVAILING ON SIMILAR CONSTRUCTION IN THE LOCALITY AS DETERMINED
BY THE SECRETARY OF LABOR IN ACCORDANCE WITH THE ACT OF MARCH 3,
1931 (40 U.S.C. 276A - 276A - 5, KNOWN AS THE DAVIS-BACON ACT),
//40 USC 276A NOTE.// AND THE SECRETARY OF LABOR SHALL HAVE WITH
RESPECT TO SUCH LABOR STANDARDS THE AUTHORITY AND FUNCTIONS SET
FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15 F.R. 3176; 5
U.S.C. APPENDIX) AND SECTION 2 OF THE ACT OF JUNE 13, 1934 (40 U.
S.C. 276C);
"(I) IN THE CAST OF A PROJECT FOR THE CONSTRUCTION OR
MODERNIZATION OF AN OUTPATIENT FACILITY, REASONABLE ASSURANCE THAT
THE SERVICES OF A GENERAL HOSPITAL WILL BE AVAILABLE TO PATIENTS
AT SUCH FACILITY WHO ARE IN NEED OF HOSPITAL CARE; AND
"(J) REASONABLE ASSURANCE THAT ALL TIMES AFTER SUCH APPLICATION
IS APPROVED (I) THE FACILITY OR PORTION THEREOF TO BE CONSTRUCTED,
OR MODERNIZED, OR CONVERTED WILL BE MADE AVAILABLE TO ALL PERSONS
RESIDING OR EMPLOYED IN THE AREA SERVED BY THE FACILITY, AND (II)
THERE WILL BE MADE AVAILABLE IN THE FACILITY OR PORTION THEREOF TO
BE CONSTRUCTED, MODERNIZED, OR CONVERTED A REASONABLE VOLUME OF
SERVICES TO PERSONS UNABLE TO PAY THEREFOR AND THE SECRETARY, IN
DETERMINING THE REASONABLENESS OF THE VOLUME OF SERVICES PROVIDED,
SHALL TAKE INTO CONSIDERATION THE EXTENT TO WHICH COMPLIANCE IS
FEASIBLE FROM A FINANCIAL VEWPOINT.
"(2)(A) THE SECRETARY MAY WAIVE--'
"(I) THE REQUIREMENTS OF SUBPARAGRAPH (C) OF PARAGRAPH (1) FOR
COMPLIANCE WITH MODERNIZATION AND EQUIPMENT STANDARDS PRESCRIBED
PURSUANT TO SECTION 1602(A)(2), AND
"(II) THE REQUIREMENT OF SUBPARAGRAPH (D) OF PARAGRAPH (1)
RESPECTING TITLE TO A PROJECT SITE,
IN THE CASE OF AN APPLICATION FOR A PROJECT DESCRIBED IN SUBPARAGRAPH
(B).
"(B) A PROJECT REFERRED TO IN SUBPARAGRAPH (A) IS A PROJECT--'
"(I) FOR THE MODERNIZATION OF AN OUTPATIENT MEDICAL FACILITY
WHICH WILL PROVIDE GENERAL PURPOSE HEALTH SERVICES, WHICH IS NOT
PART OF A HOSPITAL, AND WHICH WILL SERVE A MEDICALLY UNDERSERVED
POPULATION AS DEFINED IN SECTION 1633 OR AS DESIGNATED BY A HEALTH
SYSTEMS AGENCY, AND
"(III) FOR WHICH THE APPLICANT SEEKS (I) NOT MORE THAN $20,000
FROM THE ALLOTMENTS MADE UNDER APRT B //POST, P. 2262.// TO THE
STATE IN WHICH IT IS LOCATED, OR (II) A LOAN UNDER PART C //POST,
P. 2264.// THE PRINCIPAL AMOUNT OF WHICH DOES NOT EXCEED $20,000.
"(C) THE SECRETARY SHALL APPROVE AN APPLICATION SUBMITTED UNDER
SUBSECTION (B) (OTHER THAN AN APPLICATION FOR A GRANT UNDER SECTION
1625) IF--'
"(1) IN THE CASE OF A PROJECT TO BE ASSISTED FROM AN ALLOTMENT
MADE UNDER PART B, THERE ARE SUFFICIENT FUNDS IN SUCH ALLOTMENT TO
PAY THE FEDERAL SHARE OF THE PROJECT; AND
"(2) THE SECRETARY FINDS THAT--'
"(A) THE APPLICATION (I) IS IN CONFORMITY WITH THE STATE
MEDICAL FACILITIES PLAN APPROVED UNDER SECTION 1603, (II) HAS BEEN
APPROVED AND RECOMMENDED BY THE STATE AGENCY, (III) IS FOR A
PROJECT WHICH IS ENTITLED TO PRIORITY OVER OTHER PROJECTS WITHIN
THE STATE AS DETERMENED IN ACCORDANCE WITH THE APPROVED STATE
MEDICAL FACILITIES PLAN, AND (IV) CONTAINS THE ASSURANCES REQUIRED
BY SUBSECTION (B); AND
"(B) THE PLANS AND SPECIFICATIONS FOR THE PROJECT MEET THE
REQUIREMENTS OF THE REGULATIONS PRESCRIBED PURSUANT TO SECTION
1602 (A).
"(D) NO APPLICATION (OTHER THAN AN APPLICATION FOR A GRANT UNDER
SECTION 1625) SHALL BE DISAPPROVED UNTIL THE SECRETARY HAS AFFORDED THE
STATE AGENCY AN OPPORUNITY FOR A HEARING.
"(E) AMENDMENT OF ANY APPROVED APPLICATION SHALL BE SUBJECT TO
APPROVAL IN THE SAME MANNER AS AN ORIGINAL APPLICATION.
"(F) EACH APPLICATION SHALL BE REVIEWED BY HEALTH SYSTEMS AGENCIES IN
ACCORDANCE WITH SECTION 1513(E). //ANTE, P. 2235.//
"SEC. 1610. (A) FOR EACH FISCAL YEAR, THE SECRETARY SHALL, IN
ACCORDANCE WITH REGUALTIONS, MAKE FROM SUMS APPROPRIATED FOR SUCH FISCAL
YEAR UNDER SECTION 1513 ALLOTMENTS AMONG THE STATES ON THE BASIS OF THE
POPULATION, THE FINANCIAL NEED, AND NEED FOR MEDICAL FACILITIES PROJECTS
DESCRIBED IN SECTION 1601 OF THE RESPECTIVE STATES. THE POPULATION OF
THE STATES SHALL BE DETERMINED ON THE BASIS OF THE LATEST FIGURES
CERTIFIED BY THE SECRETARY OF COMMERCE.
"(B)(1) THE ALLOTMENT TO ANY STATE (OTHER THAN GUAM, AMERICAN SAMOA,
THE VIRGIN ISLANDS, OR THE TRUST TERRITORY OF THE PACIFIC ISLANDS) FOR
ANY FISCAL YEAR SHALL BE NOT LESS THAN $1,000,000; AND THE ALLOTMENT TO
GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS FOR ANY FISCAL YEAR SHALL BE NOT LESS THAN $500,000
EACH.
"(2) NOTWITHSTANDING PARAGRAPH (1), IF THE AMOUNT APPROPRIATED UNDER
SECTION 1613 FOR ANY FISCAL YEAR IS LESS THAN THE AMOUNT REQUIRED TO
PROVIDE ALLOTMENTS IN ACCORDANCE WITH PARAGRAPH (1), THE AMOUNT OF THE
ALLOTMENT TO ANY STATE FOR SUCH FISCAL YEAR SHALL BE AN AMOUNT WHICH
BEARS THE SAME RATIO TO THE AMOUNT PRESCRIBED FOR SUCH STATE BY
PARAGRAPH (1) AS THE AMOUNT APPROPRIATED FOR SUCH FISCAL YEAR BEARS TO
THE AMOUNT OF APPROPRIATIONS NEEDED TO MAKE ALLOTMENTS TO ALL THE STATES
IN ACCORDANCE WITH PARAGRAPH (1).
"(C) ANY AMOUNT ALLOTTED TO A STATE FOR A FISCAL YEAR UNDER
SUBSECTION (A) AND REMAINING UNOBLIGATED AT THE END OF SUCH YEAR SHALL
REMAIN AVAILABLE TO SUCH STATE, FOR THE PURPOSE FOR WHICH MADE, FOR THE
NEXT TWO FISCAL YEARS (AND FOR SUCH YEARS ONLY), IN ADDITION TO THE
AMOUNTS ALLOTTED TO SUCH STATE FOR SUCH PURPOSES FOR SUCH NEXT TWO
FISCAL YEARS; EXCEPT THAT ANY SUCH AMOUNT WHICH IS UNOBLIGATED AT THE
END OF THE FIRST OF SUCH NEXT TWO YEARS AND WHICH THE SECRETARY
DETERMINES WILL REMAIN UNOBLIGATED AT THE CLOSE OF THE SECOND OF SUCH
NEXT TWO YEARS MAY BE REALLOTTED BY THE SECRETARY, TO BE AVAILABLE FOR
THE PURPOSES FOR WHICH MADE UNTIL THE CLOSE OF THE SECOND OF SUCH NEXT
TWO YEARS, TO OTHER STATES WHICH HAVE NEED THEREFOR, ON SUCH BASIS AS
THE SECRETARY DEEMS EQUITABLE AND CONSISTENT WITH THE PURPOSES OF THIS
TITLE. ANY AMOUNT SO REALLOTTED TO A STATE SHALL BE IN ADDITION TO THE
AMOUNTS AND AVAILABLE TO THE STATE FOR THE SAME PERIOD.
"SEC. 1611. (A) IF WITH RESPECT TO ANY MEDICAL FACILITY PROJECT
APPROVED UNDER SECTION 1604 THE STATE AGENCY CERTIFIES (UPON THE BASIS
OF INSPECTION BY IT) TO THE SECRETARY THAT, IN ACCORDANCE WITH APPROVED
PLANS AND SPECIFICATIONS, WORK HAS BEEN PERFORMED UPON THE PROJECT OR
PURCHASES HAVE BEEN MADE FOR IT AND THAT PAYMENT FROM THE APPLICABLE
ALLOTMENT OF THE STATE IN WHICH THE PROJECT IS LOCATED IS DUE FOR THE
PROJECT, THE SECRETARY SHALL, EXCEPT AS PROVIDED IN SUBSECTION (B), MADE
SUCH PAYMENT TO THE STATE.
"(B) THE SECRETARY IS AUTHORIZED TO NOT MAKE PAYMENTS TO A STATE
PURSUANT TO SUBSECTION (A) IN THE FOLLOWING CIRCUMSTANCES:
"(1) IF SUCH STATE IS NOT AUTHORIZED BY LAW TO MAKE PAYMENTS
FOR AN APPROVED MEDICAL FACILITY PROJECT FROM THE PAYMENT TO BE
MADE BY THE SECRETARY PURSUANT TO SUBSECTION (A), OR IF THE STATE
SO REQUESTS, THE SECRETARY SHALL MAKE THE PAYMENT FROM THE STATE
ALLOTMENT DIRECTLY TO THE APPLICANT FOR SUCH PROJECT.
"(2) IF THE SECRETARY, AFTER INVESTIGATION OR OTHERWISE, HAS
REASON TO BELIEVE THAT ANY ACT (OR FAILURE TO ACT) HAS OCCURED
REQUIRING ACTION PURSUANT TO SECTION 1612, PAYMENT BY THE
SECRETARY MAY, AFTER HE HAS GIVEN THE STATE AGENCY NOTICE AND
OPPORUNITY FOR HEARING PURSUANT TO SUCH SECTION, BE WITHHELD, IN
WHOLE OR IN PART, PENDING CORRECTIVE ACTION OR ACTION BASED ON
SUCH HEARING.
IN NO EVENT MAY THE TOTAL PAYMENTS MADE UNDER SUBSECTION (A) WITH
RESPECT TO ANY PROJECT EXCEED AN AMOUNT EQUAL TO THE FEDERAL SHARE OF
SUCH PROJECT.
"(C) IN CASE AN AMENDMENT TO AN APPROVED APPLICATION IS APPROVED AS
PROVIDED IN SECTION 1604 OR THE ESTIMATED COST OF A PROJECT IS REVISED
UPWARD, ANY ADDITIONAL PAYMENT WITH RESPECT THERETO MAY BE MADE FORM THE
APPLICABLE ALLOTMENT OF THE STATE FOR THE FISCAL YEAR IN WHICH SUCH
AMENDMENT OR REVISIONS IS APPROVED.
"(D) IN ANY FISCAL YEAR--'
"(1) NOT MORE THAN 20 PER CENTUM OF THE AMOUNT OF A STATE'S
ALLOTMENT AVAILABLE FOR OBLIGATION IN THAT FISCAL YEAR MAY BE
OBLIGATED FOR PROJECTS IN THE STATE FOR CONSTRUCTION OF NEW
FACILITIES FOR THE PROVISION OF INPATIENT HEALTH CARE TO PERSONS
RESIDING IN AREAS OF THE STATE WHICH HAVE EXPERIENCED RECENT RAPID
POPULATION GROWTH; AND
"(2) NOT LESS THAN 25 PER CENTUM OF THE AMOUNT OF A STATE'S
ALLOTMENT AVAILABLE FOR OBLIGATION IN THAT FISC YEAR SHALL BE
OBLIGATED FOR PROJECTS FOR OUTPATIENT FACILITIES WHICH WILL SERVE
MEDICALLY UNDERSERVED POPULATIONS.
IN THE ADMINISTRATION OF THIS PART, THE SECRETARY SHALL SEEK TO ASSURE
THAT IN EACH FISCAL YEAR AT LEAST ONE HALF OF THE AMOUNT OBLIGATED FOR
PROJECTS PURSUANT TO PARAGRAPH (2) SHALL BE OBLIGATED FOR PROJECTS WHICH
WILL SERVE RURAL MEDICALLY UNDERSERVED POPULATIONS.
"SEC. 1612. (A) WHENEVER THE SECRETARYM AFTER REASONABLE NOTICE AND
OPPORUNITY FOR HEARING TO THE STATE AGENCY CONCERNED FINDS--'
"(1) THAT THE STATE AGENCY IS NOT COMPLYING SUBSTANTIALLY WITH
THE PROVISIONS REQUIRED BY SECTION 1603 TO BE INCLUDED IN TIS
STATE MEDICAL FACILITIES PLAN,
"(2) THAT ANY ASSURANCE REQUIRED TO BE GIVEN IN AN APPLICATION
FILED UNDER SECTION 1604 IS NOT BEING OR CANNOT BE CARRIED OUT, OR
"(3) THAT THERE IS A SUBSTANTIAL FAILURE TO CARRY OUT PLANS AND
SPECIFICATIONS APPROVED BY THE SECRETARY UNDER SECTION 1604,
THE SECRETARY SHALL TAKE THE ACTION AUTHORIZED BY SUBSECTION (B) UNLESS,
IN THE CASE OF COMPLIANCE WITH ASSURANCES, THE SECRETARY REQUIRES
COMPLIANCE BY OTHER MEANS AUTHORIZED BY LAW.
"(B)(1) UPON FINDING DESCRIBED IN SUBSECTION (A) AND AFTER NOTICE TO
THE STATE AGENCY CONCERNED, THE SECRETARY MAY--'
"(A) WITHHOLD FROM ALL PROJECTS WITHIN THE STATE WITH RESPECT
TO WHICH THE FINDING WAS MADE FURTHER PAYMENTS FORM THE STATE'S
ALLOTMENT UNDER SECTION 1610, OR
"(B) WITHHOLD FROM THE SPECIFIC PROJECTS WITH RESPECT TO WHICH
THE FINDING WAS MADE FURTHER PAYMENTS FROM THE APPLICABLE STATE
ALLOTMENT UNDER SECTION 1610.
"(2) PAYMENTS MAY BE WITHHELD, IN WHOLE OR IN PART, UNDER PARAGRAPH
(1)--'
"(A) UNTIL THE BASIS FOR THE FINDING UPON WHICH THE WITHHOLDING
WAS MADE NO LONGER EXISTS, OR
"(B) IF CORRECTIVE ACTION TO MAKE SUCH FINDING INAPPLICABLE
CANNOT BE MADE, UNTIL THE STATE CONCERNED REPAYS OR ARRANGES FOR
THE REPAYMENT OF FEDERAL FUNDS PAID NUDER THIS PART FOR PROJECTS
WHICH BECAUSE OF THE FINDING ARE NOT ENTITLED TO SUCH FUNDS.
"(C) THE SECRETARY SHALL INVESTIGATE AND ASCERTAIN, ON A PERIODIC
BASIS, WITH RESPECT TO EACH ENTITY WHICH IS RECEIVING FINANICAL
ASSISTANCE UNDER THIS TITLE OR WHICH HAS RECEIVED FINANCIAL ASSISTANCE
UNDER TITLE VI OR THIS TITLE, //42 USC 291.// THE EXTENT OF COMPLIANCE
BY SUCH ENTITY WITH THE ASSURANCES REQUIRED TO BE MADE AT THE TIME SUCH
ASSISTANCE WAS RECEIVED. IF THE SECRETARY FINDS THAT SUCH AN ENTITY HAS
FAILED TO COMPLY WITH ANY SUCH ASSURANCE, THE SECRETARY SHALL TAKE THE
ACTION AUTHORIZED BY SUBSECTION (B) OR TAKE ANY OTHER ACTION AUTHORIZED
BY LAW (INCLUDING AN ACTION FOR SPECIFIC PERFORMANCE BROUGHT BY THE
ATTORNEY GENERAL UPON REQUEST OF THE SECRETARY) WHICH WILL EFFECT
COMPLIANCE BY THE ENTITY WITH SUCH ASSURANCES. AN APPROPRIATE ACTION TO
EFFECTUATE COMPLIANCE WITH ANY SUCH ASSURANCE MAY BE BROUGHT BY A PERSON
OTHER THAN THE SECRETARY ONLY IF A COMPLAINT HAS BEEN FILED BY SUCH
PERSON WITH THE SECRETARY AND THE SECRETARY HAS DISMISSED SUCH COMPLAINT
OR THE ATTORNEY GENERAL HAS NOT BROUGHT A CIVIL ACTION FOR COMPLIANCE
WITH SUCH ASSURANCE WITHIN 6 MONTHS AFTER THE DATE ON WHICH THE
COMPLAINT WAS FILED WITH THE SECRETARY.
"SEC. 1620. (A) THE SECRETARY, DURING THE PERIOD BEGINNING JULY 1,
1974, AND ENDING JUNE 30, 1977, MAY, IN ACCORDANCE WITH THIS PART, MAKE
LOANS FROM THE FUND ESTABLISHED UNDER SECTION 1622(D) TO PAY THE FEDERAL
SHARE OF PROJECTS APPROVED UNDER SECTION 1604.
"(B)(1) THE SECRETARY, DURING THE PERIOD BEGINNING JULY 1, 1974, AND
ENDING JUNE 30, 1977, MAY, IN ACCORDANCE WITH THIS PART, GUARANTEE TO--'
"(I) NON-FEDERAL LENDERS FOR THIER LOANS TO NONPROFIT PRIVATE
ENTITIES FOR MEDICAL FACILITIES PROJECTS, AND
"(II) THE FEDERAL FINANCING BANK FOR ITS LOANS TO NONPROFIT
PRIVATE ENTITIES FOR SUCH PROJECTS,
PAYMENT OF PRINCIPAL AND INTEREST ON SUCH LOANS IF APPLICATIONS FOR
ASSISTANCE FOR SUCH PROJECTS UNDER THIS TITLE HAVE BEEN APPROVED UNDER
SECTION 1604.
"(2) IN THE CASE OF A GUARANTEE OF ANY LOAN TO A NONPROFIT PRIVATE
ENTITY UNDER THIS TITLE, THE SECRETARY SHALL PAY, TO THE HOLDER OF SUCH
LOAN AND FOR AND ON BEHALF OF THE PROJECT FOR WHICH THE LOAN WAS MADE
AMOUNTS SUFFICIENT TO REDUCE BY 3 PER CENTUM PER ANNUM THE NET EFFECTIVE
INTEREST RATE OTHERWISE PAYABLE ON SUCH LOAN. EACH HOLDER OF SUCH A
LOAN WHICH IS GUARANTEED UNDER THIS TITLE SHALL HAVE A CONTRACTUAL RIGHT
TO RECEIVE FROM THE UNITED STATES INTEREST PAYMENTS REQUIRED BY THE
PRECEDING SENTENCE.
"(C) THE CUMULATIVE TOTAL OF THE PRINCIPAL OF THE LOANS OUTSTANDING
AT ANY TIME WITH RESPECT TO WHICH GUARANTEES HAVE BEEN ISSUED, OR WHICH
HAVE BEEN DIRECTLY MADE, MAY NOT EXCEED SUCH LIMITATIONS AS MAY BE
SPECIFIED IN APPROPRIATION ACTS.
"(D) THE SECRETARY, WITH THE CONSENT OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, SHALL OBTAIN FROM THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SUCH ASSISTANCE WITH RESPECT TO THE ADMINISTRATION OF THIS
PART AS WILL PROMOTE EFFICIENCY AND ECONOMY THEREOF.
"SEC. 1621. (A) FOR EACH FISCAL YEAR, THE TOTAL AMOUNT OF PRINCIPAL
OF--'
"(1) LOANS TO NONPROFIT PRIVATE ENTITIES WHICH MAY BE
GUARANTEED, OR
"(2) LOANS WHICH MAY BE DIRECTLY MADE,
UNDER THIS PART SHALL BE ALLOTED BY THE SECRETARY AMONG THE STATES, IN
ACCORDANCE WITH REGULATIONS, ON THE BASIS OF THE POPULATION, FINANCIAL
NEED, AND NEED FOR MEDICAL FACILITIES PROJECTS DESCRIBED IN SECTION 1601
OF THE RESPECTIVE STATES. THE POPULATION OF THE STATES SHALL BE
DETERMINED ON THE BASIS OF THE LATEST FIGURES CERTIFED BY THE SECRETARY
OF COMMERCE.
"(B) ANY AMOUNT ALLOTTED TO A STATE FOR A FISCAL YEAR UNDER
SUBSECTION (A) AND REMAINING UNOBLIGATED AT THE END OF SUCH YEAR SHALL
REMAIN AVAILABLE TO SUCH STATE, FOR THE PURPOSE FOR WHICH MADE, FOR THE
NEXT TWO FISCAL YEARS (AND FOR SUCH YEARS ONLY), IN ADDITION TO THE
AMOUNTS ALLOTTED TO SUCH STATE FOR USCH PURPOSES FOR SUCH NEXT TWO
FISCAL YEARS; EXCEPT THAT ANY SUCH AMOUNT WHICH IS UNOBLIGATED AT THE
END OF THE FIRST OF SUCH NEXT TWO YEARS AND WHICH THE SECRETARY
DETERMINES WILL REMAIN UNOBLIGATED AT THE CLOSE OF THE SECOND OF SUCH
NEXT TWO YEARS MAY BE REALLOTTED BY THE SECRETARY, TO BE AVAILABLE FOR
THE PURPOSES FOR WHICH MADE UNTIL THE CLOSE OF THE SECOND OF SUCH NEXT
TWO YEARS, TO OTHER STATES WHICH HAVE NEED THEREFORE, ON SUCH BASIS AS
THE SECRETARY DEEMS EQUITABLE AND CONSISTENT WITH THE PURPOSES OF THIS
TITLE. ANY AMOUNT SO REALLOTTED TO A STATE SHALL BE IN ADDITION TO THE
AMOUNTS ALLOTTED AND AVAILABLE TO THE STATE FOR THE SAME PERIOD.
"SEC. 1622. (A)(1) THE SECRETARY MAY NOT APPROVE A LOAN GUARANTEE
FOR A PROJECT UNDER THIS PART UNLESS HE DETERMINES THAT (A) THWE TERMS,
CONDITIONS, SECURITY (IF ANY), AND SCHEDULE AND AMOUNT OF REPAYMENTS
WITH RESPECT TO THE LOAN ARE SUFFICIENT TO PROTECT THE FINANCIAL
INTERESTS OF THE UNITED STATES AND ARE OTHERWISE REASONABLE, INCLUDING A
DETERMINATION THAT THE RATE OF INTEREST DOES NOT EXCEED SUCH PER CENTUM
PER ANNUM ON THE PRINCIPAL OBLIGATION OUTSTANDING AS THE SECRETARY
DETERMINES TO BE REASONABLE, TAKING INTO ACCOUNT THE RANGE OF INTEREST
RATES PREVAILING IN THE PRIVATE MARKET FOR SIMILAR LOANS AND THE RISKS
ASSUMED BY THE UNITED STATES, AND (B) THE LOAN WOULD NOT BE AVAILABLE ON
REASONABLE TERMS AND CONDITIONS WITHOUT THE GUARANTEE UNDER THIS PART.
"(2)(A) THE UNITED STATES SHALL BE ENTITLED TO RECOVER FROM THE
APPLICANT FOR A LOAN GUARANTEE UNDER THIS PART THE AMOUNT OF ANY PAYMENT
MADE PURSUANT TO SUCH GUARANTEE, UNLESS THE SECRETARY FOR GOOD CAUSE
WAIVES SUCH RIGHT OF RECOVERY; AND , UPON MAKING ANY SUCH PAYMENT, THE
UNITED STATES SHALL BE SUBROGATED TO ALL OF THE RIGHTS OF THE RECIPIENT
OF THE PAYMENTS WITH RESPECT TO WHICH THE GUARANTEE WAS MADE.
"(B) TO THE EXTENT PERMITTED BY SUBPARAGRAPH (C), ANY TERMS AND
CONDITIONS APPLICABLE TO A LOAN GUARANTEE UNDER THIS PART (INCLUDING
TERMS AND CONDITIONS IMPOSED UNDER SUBPARAGRAPH (D)) MAY BE MODIFIED BY
THE SECRETARY TO THE EXTENT HE DETERMINES IT TO BE CONSISTENT WITH THE
FINANCIAL INTEREST OF THE UNITED STATES.
"(C) ANY LOAN GUARANTEE MADE BY THE SECRETARY UNDER THIS PART SHALL
BE INCONTESTABLE (I) IN THE HANDS OF AN APPLICANT ON WHOSE BEHALF SUCH
GUARANTEE IS MADE UNLESS THE APPLICANT ENGAGED IN FRAUD OR
MISREPRESENTATION IN SECURING SUCH GUARANTEE, AND (II) AS TO ANY PERSON
(OR HIS SUCCESSOR IN INTEREST) WHO MAKES OR CONTRACTS TO MAKE A LOAN TO
SUCH APPLICANT IN RELIANCE THEREON UNLESS SUCH PERSON (OR HIS SUCESSOR
IN INTEREST) ENGAGED IN FRAUD OR MISREPRESENTATION IN MAKING OR
CONTRACTING TO MAKE SUCH LOAN.
"(D) GUARANTEES OF LOANS UNDER THIS PART SHALL BE SUBJECT TO SUCH
FURTHER TERMS AND CONDITIONS AS THE SECRETARY DETERMINES TO BE NECESSARY
TO ASSURE THAT THE PURPOSES OF THIS TITLE WILL BE ACHIEVED.
"(B)(1) THE SECRETARY MAY NOT APPROVE A LOAN UNDER THIS PART
UNLESS--'
"(A) THE SECRETAYR IS REASONABLY SATISFIED THAT THE APPLICANT
UNDER THE PROJECT FOR WHICH THE LOAN WOULD BE MADE WILL BE ABLE TO
AMKE PAYMENTS OF PRINCIPAL AND INTEREST THEREON WHEN DUE, AND
"(B) THE APPLICANT PROVIDES THE SECRETARY WITH REASONABLE
ASSURANCES THAT THERE WILL BE AVAILABLE TO IT SUCH ADDITIONAL
FUNDS AS MAY BE NECESSARY TO COMPLETE THE PROJECT OR UNDERTAKING
WITH RESPECT TO WHICH SUCH LOAN IS REQUESTED.
"(2) ANY LOAN MADE UNDER THIS APRT SHALL (A) HAVE SUCH SECURITY, (B)
HAVE SUCH MATURITY DATE, (C) BE REPAYABLE IN SUCH INSTALLMENTS, (D) BEAR
INTEREST AT A RATE COMPARABLE TO THE CURRENT RATE OF INTEREST
PREVAILING, ON THE DATE THE LOAN IS MADE, WITH RESPECT TO LOANS
GUARANTEED UNDER THIS PART, MINUS 3 PER CENTUM PER ANNUM, AND (E) BE
SUBJECT TO SUCH OTHER TERMS AND CONDITIONS (INCLUDING PROVISIONS FOR
RECOVERY IN CASE OF DEFAULT), AS THE SECRETARY DETERMINES TO BE
NECESSARY TO CARRY OUT THE PUPOSES OF THIS TITLE WHILE ADEQUATELY
PROTECTING THE FINANCIAL INTERESTS OF THE UNITED STATES.
"(3) THE SECRETARY MAY, FOR GOOD CAUSE BUT WITH DUE REGARD TO THE
FINANCIAL INTERESTS OF THE UNITED STATES, WAIVE ANY RIGHT OF RECOVERY
WHICH HE HAS BY REASONS OF THE FAILURE OF A BORROWER TO MAKE PAYMENTS OF
PRINCIPAL OF AND INTEREST ON A LOAN MADE UNDER THIS PART, EXCEPT THAT IF
SUCH LOAN SI SOLD AND GUARANTEED, ANY SUCH WAIVER SHALL HAVE NO EFFECT
UPON THE SECRETARY'S GUARANTEE OF TIMELY PAYMENT OF PRINCIPAL AND
INTEREST.
"(C)(1) THE SECRETARY SHALL FROM TIME TO TIME, BUT WITH DUE REGARD TO
THE FINANCIAL INTERESTS OF THE UNITED STATES, SELL LOANS MADE UNDER THIS
PART EITHER ON THE PRIVATE MARKET OR TO THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION IN ACCORDANCE WITH SECTION 302 OF THE FEDERAL NATIONAL
MORTGAGE ASSOCIATION CHARTER ACT //12 USC 1717.// OR TO THE FEDERAL
FINANCING BANK.
"(2) ANY LOAN SO SOLD SHALL BE SOLD FOR AN AMOUNT WHICH IS EQUAL (OR
APPROXIMATELY EQUAL) TO THE AMOUNT OF THE UNPAID PRINCIPAL OF SUCH LOANS
AS OF TIME OF SALE.
"(3)(A) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH
THE PURCHASER OF ANY LOAN SOLD UNDER THIS PART UNDER WHICH THE SECRETARY
AGREES--'
"(I) TO GUARANTEE TO SUCH PURCHASER (AND ANY SUCCESSOR IN
INTEREST TO SUCH PURCHASER) PAYMENTS OF THE PRINCIPAL AND INTEREST
PAYABLE UNDER SUCH LOAN, AND
"(II) TO PAY AS AN INTEREST SUBSIDY TO SUCH PURCHASER (AND ANY
SUCCESSOR IN INTEREST OF SUCH PURCHASER) AMOUNTS WHICH, WHEN ADDED
TO THE AMOUNT OF INTEREST PAYABLE ON SUCH LOAN, ARE EQUIVALENT TO
A REASONABLE RATE OF INTEREST ON SUCH LOAN AS DETERMINED BY THE
SECRETARY AFTER TAKING INTO ACCOUNT THE RANGE OF PREVAILING
INTEREST RATES IN THE PRIVATE MARKET ON SIMILAR LOANS AND THE
RISKS ASSUMED BY THE UNITED STATES.
"(B) ANY AGREEMENT UNDER SUBPARAGRAPH (A)--'
"(I) MAY PROVIDE THAT THE SECRETARY SHALL ACT AS AGENT OF ANY
SUCH PURCHASER, FOR THE PURPOSE OF COLLOECTING FROM THE ENTITY TO
WHICH SUCH LOAN WAS MADE AND PAYING OVER TO SUCH PURCHASER ANY
PAYMENTS OF PRINCIPAL AND INTEREST PAYABLE BY SUCH ENTITY UNDER
SUCH LOAN;
"(II) MAY PROVIDE FOR THE REPURCHASE BY THE SECRETARY OF ANY
SUCH LOAN ON SUCH TERMS AND CONDITIONS AS MAY BE SPECIFIED IN THE
AGREEMENT;
"(III) SHALL PROVIDE THAT, IN THE EVENT OF ANY DEFAULT BY THE
ENTITY TO WHICH SUCH LOAN WAS MADE IN PAYMENT OF PRINCIPAL OR
INTEREST DUE ON SUCH LOAN, THE SECRETARY SHALL, UPON NOTIFICATION
TO THE PURCHASER (OR TO THE SUCCESSOR IN INTEREST OF SUCH
PURCHASER), HAVE THE OPTION TO CLOSE OUT SUCH LOAN (AND ANY
OBLIGATIONS OF THE SECRETARY WITH RESPECT THERETO) BY PAYING TO
THE PURCHASER (OR HIS SUCCESSOR IN INTEREST) THE TOTAL AMOUNT OF
OUTSTANDING PRINCIPAL AND INTEREST DUE THEREON AT THE TIME OF SUCH
NOTIFICATION; AND
"(IV) SHALL PROVIDE THAT, IN THE EVENT SUCH LOAN IS CLOSED OUT
AS PROVIDED IN CLAUSE (III), OR IN THE EVENT OF ANY OTHER LOSS
INCURRED BY THE SECRETARY BY REASON OF TH EFAILURE OF SUCH ENTITY
TO MAKE PAYMENTS OF PRINCIPAL OR INTEREST ON USCH LOAN, THE
SECRETARY SHALL BE SUBROGATED TO ALL RIGHTS OF SUCH PURCHASER FOR
RECOVERY OF SUCH LOSS FROM SUCH ENTITY.
"(4) AMOUNTS RECEIVED BY THE SECRETARY AS PROCEEDS FROM THE SALE OF
LOANS UNDER THIS SUBSECTION SHALL BE DEPOSITED IN THE FUND ESTABLISHED
UNDER SUBSECTION (D).
"(D)(1) THERE IS ESTABLISHED IN THE TREASURY A LOAN AND LOAN
GUARANNTEE FUND (HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE
'FUND') WHICH SHALL BE AVAILABLE TO THE SECRETARY WITHOUT FISCAL YEAR
LIMITATION, IN SUCH AMOUNTS AS AMY BE SPECIFIED FROM TIME TO TIME IN
APPROPRIATION ACTS--'
"(A) TO ENABLE HIM TO MAKE LOANS UNDER THIS PART,
"(B) TO ENABLE HIM TO DISCHARGE HIS RESPONSIBILITIES UNDER LOAN
GUARANTEES ISSUED BY HIM UNDER THIS PART,
"(C) FOR PAYMENT OF INTEREST UNDER SECTION 1620(B)(2) ON LOANS
GUARANTEED UNDER THIS PART,
"(D) FOR REPURCHASE OF LOANS UNDER SUBSECTION (C)(3)(B), AND
"(E) FOR PAYMENT OF INTEREST ON LOANS WHICH ARE SOLD AND
GUARANTEED.
THERE ARE AUTHORIZED TO BE APPROPRIATED FROM TIME TO TIME SUCH AMOUNTS
AS MAY BE NECESSARY TO PROVIDE THE SUMS REQUIRED FOR THE FUND. THERE
SHALL ALSO BE DEPOSITED IN THE FUND AMOUNTS RECEIVED BY THE SECRETARY IN
CONNECTION WITH LOANS AND LOAN GUARANTEES UNDER THIS PART AND OTHER
PROPERTY OR ASSETS DERIVED BY HIM FROM HIS OPERATIONS RESPECTING SUCH
LOANS AND LOAN GUARANTEES, INCLUDING ANY MONEY DERIVED FROM THE SALE OF
ASSETS.
"(2) IF AT ANY TIME THE SUMS IN THE FUNDS ARE INSUFFICIENT TO ENABLE
THE SECRETARY--'
"(A) TO MAKE PAYMENTS OF INTEREST UNDER SECTION 1620(B)(2),
"(B) TO OTHERWISE COMPLY WITH GUARANTEES UNDER THIS PART OF
LOANS TO NONPROFIT PRIVATE ENTITIES,
"(C) IN THE CASE OF A LOAN WHICH WAS MADE, SOLD, AND GUARANTEED
UNDER THIS PART, TO MAKE TO THE PURCHASER OF SUCH LOAN PAYMENTS OF
PRINCIPAL AND INTEREST ON SUCH LOAN AFTER DEFAULT BY THE ENTITY TO
WHICH THE LOAN WAS MADE, OR
"(D) TO REPURCHASE LOANS UNDER SUBSECTION (C)(3)(B), AND
"(E) TO MAKE PAYMENTS OF INTEREST ON LOANS WHICH ARE SOLD AND
GUARANTEED,
HE IS AUTHORIZED TO ISSUE TO THE SECRETARY OF THE TREASURY NOTES OR
OTHER OBLIGATIONS IN SUCH FORM AND DENOMINATIONS, BEARING SUCH
MATURITIES, AND SUBJECT TO SUCH TERMS AND CONDITIONS, AS MAY BE
PRESCRIBED BY THE SECRETARY WITH THE APPROVAL OF THE SECRETARY OF THE
TREASURY. SUCH NOTES OR OTHER OBLIGATIONS SHALL BEAR INTEREST AT A RATE
DETERMINED BY THE SECRETARY OF THE TREASURY, TAKING INTO CONSIDERATION
THE CURRENT AVERAGE MARKET YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS
ISSUED UNDER THIS PARAGRAPH AND FOR THAT PURPOSE HE MAY USE AS A PUBLIC
DEBT TRANSACTION THE PROCEEDS FROM THE SALE OF ANY SECURITIES ISSUED
UNDER THE SECOND LIBERTY BOND ACT, //31 USC 774.// AND THE PURPOSES FOR
WHICH THE SECURITIES MAY BE ISSUED UNDER THAT ACT ARE EXTENDED TO
INCLUDE ANY PURCHASE OF SUCH NOTES AND OBLIGATIONS. THE SECRETARY OF
THE TREASURY MAY AT ANY TIME SELL ANY OF THE NOTES OR OTHER OBLIGATIONS
ACQUIRED BY HIM UNDER THIS PARAGRAPH. ALL REDEMPTIONS, PURCHASES, AND
SALES BY THE SECRETARY OF THE TREASURY OF SUCH NOTES OR OTHER
OBLIGATIONS SHALL BE TREATED AS A PUBLIC DEBT TRANSACTIONS OF THE UNITED
STATES. SUMS BORROWED UNDER THIS PARAGRAPH SHALL BE DEPOSITED IN THE
FUND AND REDEMPTION OF SUCH NOTES AND OBLIGATIONS SHALL BE MADE BY THE
SECRETARY FROM THE FUND.
"(E)(1) THE ASSETS, COMMITMENTS, OBLIGATIONS, AND OUTSTANDING
BALANCES OF THE LOAN GUARANTEE AND LOAN FUND ESTABLISHED IN THE TREASURY
BY SECTION 626 //42 USC 291J-6.// SHALL BE TRANSFERRED TO THE FUND
ESTABLISHED BY SUBSECTION (D) OF THIS SECTION.
"(2) TO PROVIDE ADDITIONAL CAPITALIZATION FOR TH EFUND ESTABLISHED
UNDER SUBSECTION (D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
FUND, SUCH SUMS AS MAY BE NECESSARY FOR THE FISCAL YEARS ENDING JUNE 30,
1975, JUNE 30, 1976, AND JUNE 30, 1977.
"SEC. 1625. (A) THE SECRETARY MAY MAKE GRANTS FOR CONSTRUCTION OR
MODERNIZATION PROJECTS DESIGNED TO (1) ELIMINATE OR PREVENT IMMINENT
SAFETY HAZARDS AS DEFINED BY FEDERAL, STATE, OR LOCAL FIRE, BUILDING, OR
LIFE SAFETY CODES OR REGULATIONS, OR (2) AVOID NONCOMPLIANCE WITH STATE
OR VOLUNTARY LICENSURE OR ACCREDITATION STANDARDS. A GRANT UNDER THIS
SUBSECTION MAY ONLY BE MADE TOA STATE OR POLITICAL SUBDIVISION OF A
STATE, INCLUDING ANY CITY, TOWN, COUNTY, BOROUGH, HOSPITAL DISTRICT
AUTHORITY, OR PUBLIC OR QUASI-PUBLIC CORPORATION, FOR A PROJECT
DESCRIBED IN THE PRECEDING SENTENCE FOR ANY MEDICAL FACILITY OWNED OR
OPERATED BY IT.
"(B) AN APPLICATION FOR A GRANT UNDER SUBSECTION (A) MAY NOT BE
APPROVED UNDER SECTION 1604 UNLESS IT CONTAINS ASSURANCES SATISFACTORY
TO THE SECRETARY THAT THE APPLICANT MAKING THE APPLICATION IS SUBMITTED
WITHOUT THE GRANT APPLIED FOR.
"(C) THE AMOUNT OF ANY GRANT UNDER SUBSECTION (A) MAY NOT EXCEED 75
PER CENTUM OF THE COST OF THE PROJECT FOR WHICH THE GFRANT IS MADE
UNLESS THE PROJECT IS LOCATED IN AN AREA DETERMINED BY THE SECRETARY TO
BE AN URBAN OR RURAL POVERTY AREA, IN WHICH CASE THE GRANT MAY COVER UP
TO 100 PER CENTUM OF SUCH COSTS.
"(D) OF THE SUMS APPROPRIATED UNDER SECTION 1613 FOR A FISCAL YEAR,
THERE SHALL BE MADE AVAILABLE FOR GRANTS UNDER SUBSECTION (A) FOR SUCH
FISCAL YEAR 22 PER CENTUM OF SUCH SUMS.
"SEC. 1630. IF--'
"(1) THE SECRETARY REFUSES TO APPROVE AN APPLICATION FOR A
PROJECT SUBMITTED UNDER SECTION 1604, THE STATE AGENCY THROUGH
WHICH SUCH APPLICATION WAS SUBMITTED, OR
"(2) ANY STATE IS DISSATISFIED WITH, OR ANY ENTITY WILL BE
ADVERSELY AFFECTED BY, THE SECRETARY'S ACTION UNDER SECTION 1612,
SUCH STATE OR ENTITY,
MAY APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE CIRCUIT IN
WHICH SUCH STATE AGENCY, STATE, OR ENTITY IS LOCATED, BY FILING A
PETITION WITH SUCH COURT WITHIN SIXTY DAYS AFTER SUCH ACTION. A COPY OF
THE PETITION SHALL BE FORTHWITH TRANSMITTED BY THE CLERK OF THE COURT TO
THE SECRETARY, OR ANY OFFICER DESIGNATED BY HIM FOR THAT PURPOSE. THE
SECRETARY THEREUPON SHALL FILE IN THE COURT THE RECORD OF THE
PROCEEDINGS ON WHICH HE BASED HIS ACTION, AS PROVIDED IN SECTION 2112 OF
TITLE 28, UNITED STATES CODE. UPON THE FILING OF SUCH PETITION, THE
COURT SHALL HAVE JURISDICTION TO AFFIRM THE ACTION OF THE SECRETARY OR
TO SET IT ASIDE, IN WHOLE OR IN PART, TEMPORARILY OR PERMANENTLY, BUT
UNTIL THE FILING OF THE RECORD, THE SECRETARY MAY MODIFY OR SET ASIDE
HIS ORDER. THE FINDINGS OF THE SECRETARY AS TO THE FACTS, IF SUPPORTED
BY SUBSTANTIAL EVIDENCE, SHALL BE CONCLUSIVE, BUT THE COURT, FOR GOOD
CAUSE SHOWN, MAY REMAND THE CASE TO THE SECRETARY TO TAKE FURTHER
EVIDENCE, AND THE SECRETARY MAY THEREUPON MAKE NEW OR MODIFIED FINDINGS
OF FACT AND MAY MODIFY HIS PREVIOUS ACTION, AND SHALL FILE IN THE COURT
THE RECORD OF THE FURTHER PROCEEDINGS. SUCH NEW OR MODIFIED FINDINGS OF
FACT SHALL LIKEWISE BE CONCLUSIVE IF SUPPORTED BY STANTIAL EVIDENCE.
THE JUDGMENT OF THE COURT AFFIRMING OR SETTING ASIDE, IN WHOLE OR IN
PART, ANY ACTION OF THE SECRETARY SHALL BE FINAL, SUBJECT TO REVIEW BY
THE SUPREME COURT OF THE UNITED STATES UPON CERTIORARI OR CERTIFICATION
AS PROVIDED IN SECTION 1254 OF TITLE 28, UNITED STATES CODE. THE
COMMENCEMENT OF PROCEEDINGS UNDER THIS SECTION SHALL NOT, UNLESS SO
SPECIFICALLY ORDERED BY THE COURT, OPERATE AS A STAY OF THE SECRETARY'S
ACTION.
"SEC. 1631. (A) IF ANY FACILITY CONSTRUCTED, MODERNIZED, OR
CONVERTED WITH FUNDS PROVIDED UNDER THIS TITLE IS, AT ANY TIME WITHIN
TWENTY YEARS AFTER THE COMPLETION OF SUCH CONSTRUCTION, MODERNIZATION,
OR CONVERSION WITH SUCH FUNDS--'
"(1) SOLD OR TRANSFERRED TO ANY PERSON OR ENTITY (A) WHICH IS
NOT QUALIFIED TO FILE AN APPLICATION UNDER SECTION 1604, OR (B)
WHICH IS NOT APPROVED AS A TRANSFEREE BY THE STATE AGENCY OF THE
STATE IN WHICH SUCH FACILITY IS LOCATED, OR ITS SUCCESSOR; OR
"(2) NOT USED AS A MEDICAL FACILITY, AND THE SECRETARY HAS NOT
DETERMINED THAT THERE IS GOOD CAUSE FOR TERMINATION OF SUCH USE,
THE UNITED STATES SHALL BE ENTITLED TO RECOVER FROM EITHER THE
TRANSFEROR OR THE TRANSFEREE IN THE CASE OF A SALE OR TRANSFER OR FROM
THE OWNER IN CASE OF TERMINATION OF USE AN AMOUNT BEARING THE SAME RATIO
TO THE THEN VALUE (AS DETERMINED BY THE AGREEMENT OF THE PARTIES FOR THE
DISTRICT IN WHICH THE FACILITY IS SITUATED) OF SO MUCH OF SUCH FACILITY
AS CONSTITUTED AN APPROVED PROJECT OR PROJECTS. SUCH RIGHT OF RECOVERY
SHALL NOT CONSTITUTE A LIEN UPON SUCH FACILITY PRIOR TO JUDGMENT.
"(B) THE SECRETARY MAY WAIVE THE RECOVERY RIGHTS OF THE UNITED STATES
UNDER SUBSECTION (A) WITH RESPECT TO A FACILITY IN ANY STATE--'
"(1) IF (AS DETERMINED UNDER REGULATIONS PRESCRIBED BY THE
SECRETARY) THE AMOUNT WHICH COULD BE RECOVERED UNDER SUBSECTION
(A) WITH RESPECT TO SUCH FACILITY IS APPLIED TO THE DEVELOPMENT,
EXPANSION, OR SUPPORT OF ANOTHER MEDICAL FACILITY LOCATED IN SUCH
STATE WHICH HAS BEEN APPROVED BY THE STATWIDE HEALTH COORDINATING
COUNCIL FOR SUCH STATE AS CONSISTENT WITH THE STATE HEALTH PLAN
ESTABLISHED PURSUANT TO SECTION 1524(C); //ANTE, P. 2247.// OR
"(2) IF THE SECRETARY DETERMINES, IN ACCORDANCE WITH
REGULATIONS, THAT THERE IS GOOD CAUSE FOR WAIVING SUCH REQUIREMENT
WITH RESPECT TO SUCH FACILITY.
IF THE AMOUNT WHICH THE UNITED STATES IS ENTITLED TO RECOVER UNDER
SUBSECTION (A) EXCEEDS 90 PER CENTUM OF THE TOTAL COST OF THE
CONSTRUCTION OR MODERNIZATION PROJECT FOR A FACILITY, A WAIVER UNDER
THIS SUBSECTION SHALL ONLY APPLY WITH RESPECT TO AN AMOUNT WHICH IS NOT
MORE THAN 90 PER CENTUM OF SUCH TOTAL COST. THE SECRETARY MAY NOT WAIVE
A RIGHT OF RECOVERY WHICH AROSE ONE YEAR BEFORE THE DATE OF THE
ENACTMENT OF THIS TITLE.
"SEC. 1632. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, NOTHING IN
THIS TITLE SHALL BE CONSTRUED AS CONFERRING ON ANY FEDERAL OFFICER OR
EMPLOYEE THE RIGHT TO EXERCISE ANY SUPERVISION OR CONTROL OVER THE
ADMINISTRATION, PERSONNEL, MAINTENANCE, OR OPERATION OF ANY FACILITY
WITH RESPECT TO WHICH ANY FUNDS HAVE BEEN OR MAY BE EXPENDED UNDER THIS
TITLE.
"SEC. 1633. FOR THE PURPOSES OF THIS TITLE--'
"(1) THE TERM 'STATE' INCLUDES THE COMMONWEALTH OF PUERTO RICO, GUAM,
AMERICAN SAMOA, THE TRUST TERRITORY OF THE PACIFIC ISLANDS, THE VIRGIN
ISLANDS, AND THE DISTRICT OF COLUMBIA.
"(2) THE TERM 'FEDERAL SHARE' MEANS THE PROPORTION OF THE COST OF A
MEDICAL FACILITIES PROJECT WHICH THE STATE AGENCY DETERMINES THE FEDERAL
GOVERNMENT WILL PROVIDE UNDER ALLOTMENT PAYMENTS OR A LOAN OR LOAN
GUARANTEE UNDER THIS TITLE, EXCEPT THAT--'
"(A) IN THE CASE OF A MODERNIZATION PROJECT--' "(I) DESCRIBED
IN SECTION 1604(B)(2)(B), AND "(II) THE APPLICATION FOR WHICH
RECEIVED A WAIVER UNDER SECTION 1604(B)(2)(A), THE PROPORTION OF
THE COST OF SUCH PROJECT TO BE PAID BY THE FEDERAL GOVERNMENT
UNDER ALLOTMENT PAYMENTS OR A LOAN MAY NOT EXCEED $20,000 AND MAY
NOT EXCEED 100 PER CENTUM OF THE FIRST $6,000 OF THE COST OF SUCH
PROJECT AND 66 2/3 PER CENTUM OF THE NEXT $21,000 OF SUCH COST,
"(B) IN THE CASE OF A PROJECT (OTHER THAN A PROJECT DESCRIBED
IN SUBPARAGRAPH (A)) TO BE ASSISTED FROM AN ALLOTMENT MADE UNDER
PART B, THE PROPORTION OF THE COST OF SUCH PROJECT TO BE PAID BY
THE FEDERAL GOVERNMENT MAY NOT EXCEED 66 2/3 UNLESS THE PROJECT IS
LOCATED IN AN AREA DETERMINED BY THE SECRETARY TO BE AN URBAN OR
RURAL POVERTY AREA, IN WHICH CASE THE PROPORTION OF THE COST OF
SUCH PROJECT TO BE PAID BY TEH FEDERAL GOVERNMENT MAY BE 100 PER
CENTUM, AND
"(C) IN THE CASE OF A PROJECT (OTHER THAN A PROJECT DESCRIBED
IN SUBPARAGRAPH (A)) TO BE ASSISTED WITH A LOAN OR LOAN GUARANTEE
MADE UNDER PART C, THE PRINCIPAL AMOUNT OF THE LOAN DIRECTLY MADE
OR GUARANTEED FOR SUCH PROJECT, WHEN ADDED TO ANY OTHER ASSOSTANCE
PROVIDED THE PROJECT UNDER THIS TITLE, MAY NOT EXCEED 90 PER
CENTUM OF THE COST OF SUCH PROJECT UNLESS THE PROJECT IS LOCATED
IN AN AREA DETERMINED BY THE SECRETARY TO BE AN URBAN OR RURAL
POVERTY AREA, IN WHICH THE CASE THE PRINCIPAL AMOUNT, WHEN ADDED
TO OTHER ASSISTANCE UNDER THIS TITLE, MAY COVER UP TO 100 PER
CENTUM OF THE COST OF THE PROJECT.
"(3) THE TERM 'HOSPITAL' INCLUDES GENERAL, TUBERCULOSIS, AND OTHER
TYPES OF HOSPITALS, AND RELATED FACILITIES, SUCH AS LABORATORIES,
OUTPATIENT DEPARTMENTS, NURSES' HOMES FACILITIES, EXTENDED CARE
FACILITIES, FACILITIES RELATED TO PROGRAMS FOR HOME HELATH SERVICES,
SELF-CARE UNITS, AND CENTRAL SERVICE FACILITIES, OPERATED IN CONNECTION
WITH HOSPITALS, AND ALSO INCLUDES EDUCATION OR TRAINING FACILITIES FOR
HELATH PROFESSONAL PERSONNEL OPERATED AS AN INTEGRAL PART OF A HOSPITAL,
BUT DOES NOT INCLUDE ANY HOSPITAL FURNISHING PRIMARILY DOMICILIARY CARE.
"(4) THE TERM 'PUBLIC HEALTH CENTER' MEANS A PUBLICALLY OWNED
FACILITY FOR THE PROVISION OF PUBLIC HEALTH SERVICES, INCLUDING REALTED
PUBLICLY OWNED FACILITIES SUCH AS LABORTORIES, CLINICS, AND
ADMINISTRATIVE OFFICES OPERATED IN CONNECTION WITH SUCH A FACILITY.
"(5) THE TERM 'NONPROFIT' AS APPLIED TO ANY FACILITY MEANS A FACILITY
WHICH IS PWNED AND OPERATED BY ONE OR MORE NONPROFIT CORPORATIONS OR
ASSOCIATIONS NO PART OF THE NET EARNINGS OF WHICH INURES, OR MAY
LAWFULLY INURE, TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL.
"(6) THE TERM 'OUTPATIENT MEDICAL FACILITY' MEANS A MEDICAL FACILITY
(LOCATED IN OR APART FROM A HOSPITAL) FOR THE DIAGNOSIS OF DISAGNOSIS
AND TREATMENT OF AMBULATORY PATIENTS (INCLUDING AMBULATORY
INPATIENTS)--'
"(A) WHICH IS OPERATED IN CONNECTION WITH A HOSPITAL,
"(B) IN WHICH PATIENT CARE IS UNDER THE PROFESSIONAL
SUPERVISION OF PERSONS LICENSED TO PRACTICE MEDICINE OR SURGERY IN
THE STATE, OR IN THE CASE OF DENTAL DIAGNOSIS OR TREATMENT, UNDER
THE PROFESSIONAL SUPERVISION OF PERSONS LICENSED TO PRACTICE
DENTISTRY IN THE STATE; OR
"(C) WHICH OFFERS TO PATIENTS NOT REQUIRING HOSPITALIZATION THE
SERVICES OF LICENSED PHYSICIANS IN VARIOUS MEDICAL SPECIALTIES,
AND WHICH PROVIDES TO ITS PATIENTS A REASONABLY FULL-RANGE OF
DIAGNOSTIC AND TREATMENT SERVICES.
"(7) THE TERM 'REHABILITATION FACILITY' MEANS A FACILITY WHICH IS
OPERATED FOR THE PRIMARY PURPOSE OF ASSISTING IN THE REHABILITATION OF
DISABLED PERSONS THROUGH AN INTEGRATED PROGRAM OF--'
"(A) MEDICAL EVALUATION AND SERVICES, AND
"(B) PSYCHOLOGICAL, SOCIAL, OR VOCATIONAL EVALUATION AND
SERVICES, UNDER COMPETENT PROFESSIONAL SUPERVISION, AND IN THE
CASE OF WHICH THE MAJOR PORTION OF THE REQUIRED EVALUATION AND
SERVICES IS FURNISHED WITHIN THE FACILITY; AND EITHER THE
FACILITY IS OPERATED IN CONNECTION WITH A HOSPITAL OR ALL MEDICAL
AND RELATED HEALTH SERVICES ARE PRESCRIBED BY, OR ARE UNDER THE
GENERAL DIRECTION OF, PERSONS LICENSED TO PRACTICE MEDICINE OR
SURGERY IN THE STATE.
"(8) THE TERM 'FACILITY FOR LONG-TERM CARE' MEANS A FACILITY
(INCLUDING A SKILLED NURSING OR INTERMEDIATE CARE FACILITY) PROVIDING
IN-PATIENT CARE FOR CONVALESCENT OR CHRONIC DISEASE PATIENTS WHO
REQUIRED SKILLED NURSING OR INTERMEDIATE CARE AND RELATED MEDICAL
SERVICES--'
"(A) WHICH IS A HOSPITAL (OTHER THAN A HOSPITAL PRIMARILY FOR
THE CARE AND TREATMENT OF MENTALLY ILL OR TUBERCULOUS PATIENTS) OR
IS OPERATED IN CINNECTION WITH A HOSPITAL, OR
"(B) IN WHICH SUCH CARE AND MEDICAL SERVICES ARE PRESCRIBED BY,
OR ARE PERFORMED UNDER THE GENREAL DIRECTION OF, PERSONS LICENSED
TO PRACTICE MEDICINE OR SURGERY IN THE STATE.
"(9) THE TERM 'CONSTRUCTION' MEANS CONSTRUCTION OF NEW BUILDINGS AND
INITIAL EQUIPMENT OF SUCH BUILDINGS AND, IN ANY CASE IN WHICH IT WILL
HELP TO PROVIDE A SERVICE NOT PREVIOUSLY PROVIDED IN THE COMMUNITY,
EQUIPMENT OF ANY BUILDINGS; INCLUDING ARCHITECTS' FEES, BUT EXCLUDING
THE COST OF OFF-SITE IMPROVEMENTS AND, EXCEPT WITH RESPECT TO PUBLIC
HEALTH CENTERS, THE COST OF THE ACQUISITION OF LAND.
"(10) THE TERM 'COST' AS APPLIED TO CONSTRUCTION, MODERNIZATION, OR
CONVERSION MEANS THE AMOUNT FOUND BY THE SECRETARY TO BE NECESSARY FOR
CONSTRUCTION, MODERNIZATION, OR CONVERSION, RESPECTIVELY, UNDER A
PROJECT, EXCEPT THAT, IN THE CASE OF A MODERNIZATION PROJECT OR A
PROJECT ASSISTED UNDER PART D, //ANTE, P. 2268.// SUCH TERM DOES NOT
INCLUDE ANY AMOUNT FOUND BY THE SECRETARY TO BE ATTRIBUTABLE TO
EXPANSION OF THE BED CAPACITY OF ANY FACILITY.
"(11) THE TERM 'MODERNIZATION' INCLUDES THE ALTERATION, EXPANSION,
MAJOR REPAIR (TO THE EXTENT PERMITTED BY REGULATIONS), REMODELING
REPLACEMENT, AND RENOVATION OF EXISTING BUILDINGS (INCLUDING INITIAL
EQUIPMENT THEREOF), AND THE REPLACEMENT OF OBSOLETE EQUIPMENT OF
EXISTING BUILDINGS.
"(12) THE TERM 'TITLE,' WHEN USED WITH REFERENCE TO A SITE FOR A
PROJECT, MEANS A FEE SIMPLE, OR SUCH OTHER ESTATE OR INTEREST (INCLUDING
A LEASHOLD ON WHICH THE RENTAL DOES NOT EXCEED 4 PER CENTUM OF THE VALUE
OF THE LAND) AS THE SECRETARY FINDS SUFFICIENT TO ASSURE FOR A PERIOD OF
NOT LESS THAN TWENTY-FIVE YEARS' UNDISTURBED USE AND POSSESSION FOR THE
PURPOSES OF CONSTRUCTION, MODERNIZATION, OR CONVERSION AND OPERATION OF
THE PEOJECT FOR A PERIOD OF NOT LESS THAN (A) TWENTY-FIVE YEARS IN THE
CASE OF A PROJCT ASSISTED UNDER AN ALLOTMENT OR GRANT UNDER THIS TITLE,
OR (B) THE TERM OF REPAYMENT OF A LOAN MADE OR GUARANTEED UNDER THIS
TITLE IN THE CASE OF A PROJECT ASSISTED BY A LOAN OR LOAN GUARANTEE.
"(13) THE TERM 'MEDICAL FACILITY' MEANS A HOSPITAL, PUBLICH HEALTH
CENTER, OUTPATIENT MEDICAL FACILITY, REHABILITATION FACILITY, FACILITY
FOR LONG-TERM CARE, OR OTHER FACILITY (AS MAY BE DESIGNATED BY THE
SECRETARY) FOR THE PROVISION OF HEALTH CARE TO AMBULATORY PATIENTS.
"(14) THE TERM 'STATE AGENCY' MEANS THE STATE HEALTH PLANNING AND
DEVELOPMENT AGENCY OF A STATE DESIGNATED UNDER TITLE XIV. //42 USC
1351.//
"(15) THE TERM 'URBAN OR RURAL POVERTY AREA' MEANS AN URBAN OR RURAL
GEOGRAPHICAL AREA (AS DEFINED BY THE SECRETARY) IN WHICH A PERCENTAGE
(AS DEFINED BY THE SECRETARY IN ACCORDANCE WITH THE NEXT SENTENCE) OF
THE RESIDENTS OF THE AREA HAVE INCOMES BELOW THE POVERTY LEVEL (AS
DEFINED BY THE SECRETARY OF COMMERCE). THE PERCENTAGE REFERRED TO IN
THE PRECEDING SENTENCE SHALL BE DEFINED SO THAT THE PERCENTAGE OF THE
POPULATION OF THE UNITED STATES RESIDING IN URBAN AND RURAL POVERTY
AREAS IS--'
"(A) NOT MORE THAN THE PERCENTAGE OF THE TOTAL POPULATION OF
THE UNITED STATES WITH INCOMES BELOW THE POVERTY LEVEL (AS SO
DENFINED) PLUS FIVE PER CENTUM, AND
"(B) NOT LESS THAN SUCH PERCENTAGE MINUS FIVE PER CENTUM.
"(16) THE TERM 'MEDICALLY UNDERSERVED POPULATION' MEANS THE
POPULATION OF AN URBAN OR RURAL AREA DESIGNATED BY THE SECRETARY AS AN
AREA WITH A SHORTAGE OF HEALTH FACILITIES OR A POPULATION GROUP
DESIGNATED BY THE SECRETARY AS AHVING A SHORTAGE OF SUCH FACILITIES.
//42 USC 300S-4.//
"SEC. 1634. (A) IN THE CASE OF ANY FACILITY FOR WHICH AN ALLOTMENT
PAYMENT, GRANT, LOAN, OR LOAN GUARANTEE HAS BEEN MADE UNDER THIS TITLE,
THE APPLICANT FOR USCH PAYMENT, GRANT, LOAN, OR LOAN GUARANTEE (OR, IF
APPROPRIATE, SUCH OTHER PERSON AS THE SECRETARY MAY PRESCRIBE) SHALL
FILE AT LEAST ANNUALLY WITH THE STATE AGENCY FOR THE STATE IN WHICH THE
FACILITY IS LOCATED A STATEMENT WHICH SHALL BE IN SUCH FORM AND CONTAIN
SUCH INFORMATION, AS THE SECRETARY MAY REQUIRE TO ACCURATELY SHOW--'
"(1) THE FINANCIAL OPERATIONS OF THE FACILITY, AND
"(2) THE COSTS TO THE FACILITY OF PROVIDING HEALTH SERVICES IN
THE FACILITY AND THE CHARGES MADE BY THE FACILITY FOR PROVIDING
SUCH SERVICES, DURING THE PERIOD WITH RESPECT TO WHICH THE
STATEMENT IS FILED.
"(B)(1) EACH ENTITY RECEIVING FEDERAL ASSIATANCE UNDER THIS TITLE
SHALL KEEP SUCH RECORDS AS THESECRETARY SHALL PRESCRIBE, INCLUDING
RECORDS WHICH FULLY DISCLOSE THE AMOUNT AND DISPOSITION BY SUCH ENTITY
OF THE PROCEEDS OF SUCH ASSISATANCE, THE TOTAL COST OF THE PROJECT IN
CONNECTION WITH WHICH SUCHH ASSISTANCE IS GIVEN OR USED, THE AMOUNT OF
THAT PORTION OF THE COST OF THE PROJECT SUPPLIED BY OTHER SOURCES, AND
SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
"(2) THE SECRETARY AND THE COMPTROLLER GENERAL OF THE UNITED STATES,
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR
THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS,
AND RECORDS OF SUCH ENTITIES WHICH IN THE OPINION OF THE SECRETARY OR
THE COMPTROLLER GENERAL MAY BE REALTED OR PERTINENT TO THE ASSISTANCE
REFERRED TO IN PARAGRAPH (1).
"(C) EACH SUCH ENTITY SHALL FILE AT LEAST ANNUALLY WITH THE SECRETARY
A STATEMENT WHICH SHALL BE IN SUCH FORM, AND CONTAIN SUCH INFORMATION,
AS THE SECRETARY MAY REQUIRE TO ACCURATELY SHOW--'
"(1) THE FINANCIAL OPERATIONS OF THE FACILITY CONSTRUCTED OR
MODERNIZED WITH SUCH ASSISTANCE, AND
"(2) THE COSTS TO SUCH FACILITY OF PROVIDING HEALTH SERVICES IN
SUCH FACILITY, AND THE CHARGES MADE FOR SUCH SERVICES, DURING THE
PERIOD WITH RESPECT TO WHICH THE STATEMENT IS FILED.
"SEC. 1635. THE SECRETARY SHALL PROVIDE (EITHER THROUGH THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OR BY CONTRACT) ALL
NECESSARY TECHNICAL AND OTHER NONFINANCIAL ASSISTANCE TO ANY PUBLIC OR
OTHER NONPROFIT ENTITY WHICH IS ELIGIBLE TO APPLY FOR ASSISTANCE UNDER
THIS TITLE TO ASSIST SUCH ENTITY IN DEVELOPING APPLICATIONS TO BE
SUBMITTED TO THE SECRETARY UNDER SECTION 1604. THE SECRETARY SHALL MAKE
EVERY EFFORT TO INFORM ELIGIBLE APPLICANTS OF THE AVAILABILITY OF
ASSISTANCE UNDER THIS TITLE.
"SEC. 1640. (A) THE SECRETARY SHALL MAKE IN EACH FISCAL YEAR A GRANT
TO EACH HEALTH SYSTEM AGENCY--'
"(1) WITH WHICH THERE IS IN EFFECT A DESIGNATION AGREEMENT
UNDER SECTION 1515(C), //ANTE, P. 2239.//
"(2) WHICH HAS IN EFFECT AN HSP AND AIP REVIEWED BY THE
STATEWIDE HEALTH COORDINATING COUNCIL, AND "(3) WHICH, AS
DETERMINED UNDER THE REVIEW MADE UNDER SECTION 1535(C), //ANTE, P.
2256.// IS ORGANIZED AND OPERATED IN THE MANNER PRESCRIBED BY
SECTION 1512(B) //ANTE, P. 2232.// AND IS PERFORMING ITS FUNCTIONS
UNDER SECTION 1513 //ANTE, P. 2235.// IN A MANNER SATISFACTORY TO
THE SECRETARY TO ENABLE THE AGENCY TO ESTABLISH AND MAINTAIN AN
AREA HEALTH SERVICES DEVELOPMENT FUND FROM WHICH IT MAY MAKE
GRANTS AND ENTER INTO CONTRACTS IN ACCORDANCE WITH SECTION
1513(C)(3).
"(B)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE AMOUNT OF ANY GRANT
UNDER SUBSECTION (A) SHALL BE DETERMINED BY THE SECRETARY AFTER TAKING
INTO CONSIDERATION THE POPULATION OF THE HEALTH SERVICE AREA FOR WHICH
THE HEALTH SYSTEMS AGENCY IS DESIGNATED, THE AVERAGE FAMILY INCOME OF
THE AREA, AND THE SUPPLY OF HEALTH SERVICES IN THE AREA.
"(2) THE AMOUNT OF ANY GRANT UNDER SUBSECTION (A) TO A HELATH SYSTEMS
AGENCY FOR ANY FISCAL YEAR MAY NOT EXCEED THE PRODUCT OF $1 AND THE
POPULATION OF THE HELATH SERVICE AREA FOR WHICH SUCH AGENCY IS
DESIGNATED.
"(C) NO GRANT MAY BE MADE UNDER SUBSECTION (A) 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 REQUIRE.
"(D) FOR THE PURPOSE OF MAKING PAYMENTS PURSUANT TO GRANTS UNDER
SUBSECTION (A), THERE ARE AUTHORIZED TO BE APPROPRIATED $25,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, $75,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1976, AND $120,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1977."
SEC. 5. (A)(1) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, AND THE NEXT FISCAL YEAR SUCH SUMS AS
MAY BE NECESSARY TO AMKE GRANTS UNDER SECTION 314(A) OF THE PUBLIC
HEALTH SERVICE ACT, //42 USC 246.// EXCEPT THAT NO GRANT MADE TO A STATE
WITH FUNDS APPROPRIATED UNDER THIS PARAGRAPH SHALL BE AVAILABLE FOR
OBLIGATION BEYOND--'
(A) THREE MONTHS AFTER THE DATE ON WHICH A STAT HEALTH PLANNING
AND DEVELOPMENT AGENCY IS DESIGNATED FOR SUCH STATE UNDER SECTION
1421 OF SUCH ACT, //ANTE, P. 2242.// OR
(B) JUNE 30, 1976, WHICHEVER IS LATER.
(2) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND THE NEXT FISCAL YEAR SUCH SUMS AS MAY BE
NECESSARY TO MAKE GRANTS UNDER SECTION 304 OF THE PUBLIC HEALTH SERVICE
ACT FOR EXPERIMENTAL HEALTH SERVICES DELIVERY SYSTEMS, SECTION 314(B) OF
SCUH ACT, //42 USC 242B.// AND TITLE IX OF SUCH ACT //42 USC 299.//
EXCEPT THAT NO GRANT MADE WITH FUNDS APPROPRIATED UNDER THIS PARAGRAPH
SHALL BE AVAILABLE FOR OBLIGATION BEYOND THE LATER OF (A) JUNE 30, 1976,
OR (B) THREE MONTHS AFTER THE DATE ON WHICH A HEALTH SYSTEMS AGENCY HAS
BEEN DESIGNATED UNDER SECTION 1415 OF SUCH ACT FOR A HEALTH SERVICE AREA
WHICH INCLUDES THE AREA OF THE ENTITY FOR WHICH A GRANT IS MADE UNDER
SUCH SECTION 304, 314(B), OR TITLE IX. //42 USC 300L-4 NOTE.//
(B) ANY STATE WHICH HAS IN THE FISCAL YEAR ENDING JUNE 30, 1975, OR
THE NEXT FISCAL YEAR FUNDS AVAILABLE FOR OBLIGATION FROM ITS ALLOTMENTS
UNDER PART A OF TITLE VI OF THE PUBLIC HEALTH SERVICE ACT //42 USC
291A.// MAY IN SUCH FISCAL YEAR USE FOR THE PROPER AND EFFICIENT
ADMINISTRATION DURING SUCH YEAR OF ITS STATE PLAN APPROVED UNDER SUCH
PART AN AMOUNT OF SUCH FUNDS WHICH DOES NOT EXCEED 4 PER CENTUM OF SUCH
FUNDS OR $100,000, WHICHEVER IS LESS. //42 USC 291B NOTE.//
(C) A REFERENCE IN ANY LAW OR REGULATION--'
(1) TO THE AGENCY OF A STATE WHICH ADMINISTERS OR SUPERVISES
THE ADMINISTRATION OF A STATE'S HEALTH PLANNING FUNCTIONS UNDER A
STATE PLAN APPROVED UNDER SECTION 314(A) OF THE PUBLIC HEALTH
SERVICE ACT //42 USC 246.// SHALL IN THE CASE OF A STATE FOR WHICH
A STATE HEALTH PLANNING AND DEVELOPMENT AGENCY HAS BEEN DESIGNATED
UNDER SECTION 1521 OF SUCH ACT //ANTE, P. 2242.// BE CONSIDERED A
REFERENCE TO THE STATE AGENCY DESIGNATED UNDER SUCH SECTION 1521;
//42 USC 300M NOTE.//
(2) TO AN AGENCY OR ORGANIZATION WHICH HAS DEVELOPED A
COMPREHENSIVE REGIONAL, METROPOLITAN, OR OTHER LOCAL AREA PLAN OR
PLANS REFERRED TO IN SECTION 314(B) OF THE PUBLIC HEALTH SERVICE
ACT SHALL IF ALL OR PART OF THE AREA COVERD BY SUCH PLAN OR PLANS
IS WITHIN A HEALTH SERVICE AREA ESTABLISHED UNDER SECTION 1511 OF
THE PUBLIC HEALTH SERVICE ACT //ANTE, P. 2229.// BE CONSIDERED A
REFERENCE TO THE HEALTH SYSTEMS AGENCY DESIGNATED UNDER SECTION
1515 OF SUCH ACT //ANTE, P. 2239.// FOR SUCH HEALTH SERVICE AREA;
AND //42 USC 300L-4 NOTE.//
(3) TO A REGIONAL MEDICAL PROGRAM ASSISTED UNDER TITLE IX OF
THE PUBLIC HELATH SERVICE ACT //42 USC 299.// SHALL IF THE PROGRAM
IS LOCATED IN A STATE FOR WHICH A STATE HEALTH PLANNING AND
DEVELOPMENT AGENCY HAS BEEN DESIGNATED UNDER SECTION 1521 OF THE
PUBLIC HELATH SERVICE ACT BE CONSIDERED A REFERENCE TO SUCH STATE
AGENCY. //42 USC 300M NOTE.//
(D) SECTION 316 OF THE OUBLIC HEALTH SERVICE ACT //42 USC 247A.// IS
REPEALED.
SEC. 6. (A) AN ADVISORY COMMITTEE ESTABLISHED BY OR PURSUANT TO THE
PUBLIC HEALTH SERVICE ACT, //42 USC 217A NOTE.// THE MENTAL RETARDATION
FACILITIES AND COMMUNITY MENTAL HEALTH CENTERS COMSTRUCTION ACT OF 1963,
//42 USC 201 NOTE.// OR THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM
PREVENTION, TREATMENT AND REHABILITATION ACT OF 1970 //42 USC 2661
NOTE.// SHALL TERMINATE AT SUCH TIME AS MAY BE SPECIFICALLY PRESCRIBED
BY AN ACT OF CONGRESS ENACTED AFTER THE DATE OF THE ENACTMENT OF THIS
ACT. //42 USC 4571.//
(B) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL REPORT,
WITHIN ONE YEAR AFTER THE DATE OF THE ENACTMENT OF THIS ACT, TO THE
COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE AND THE COMMITTEE ON
THE INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES (1)
THE PURPOSE AND USE OF EACH ADMISORY COMMITTEE ESTABLISHED BY OR
PURSUANT TO THE PUBLIC HEALTH SERVICE ACT, THE MENTAL RETARDATION
FACILITIES AND COMMUNITY ALCOHOL ABUSE AND ALCOHOLISM PREVENTION,
TREATMENT, AND REHABILITATION OF EACH SUCH ADVISORY COMMITTEE.
SEC. 7. //42 USC 229 NOTE.// THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE SHALL REPORT, WITHIN ONE YEAR OF THE DATE OF THE ENACTMENT OF
THIS ACT, TO THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE AND
THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF
REPRESENTATIVES (1) THE IDENTITY OF EACH REPORT REQUIRED TO BE MADE BY
THE SECRETARY UNDER THE PUBLIC HEALTH SERVICE ACT, THE MENTAL
RETARDATION FACILITIES AND COMMUNITY MENTAL HEALTH CENTERS CONSTRUCTION
ACT OF 1963, OR THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM
PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 TO THE CONGRESS
(OR ANY COMMITTEE THEREOF), (2) THE PROVISIONS OF SUCH ACTS WHICH
REQUIRES EACH SUCH REPORT, (3) THE PURPOSE OF EACH SUCH REPORT, AND (4)
THE DUE DATE FOR EACH SUCH REPORT. THE REPORT OF THE SECRETARY UNDER
THIS SECTION MAY INCLUDE SUCH RECOMMENDATIONS AS HE CONSIDERS
APPROPRIATE FOR TERMINATION OR CONSOLIDATION OF ANY SUCH REPORTING
REQUIREMENTS.
SEC. 8. SECTION 1305(B)(1) OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED TO READ AS FOLLOWS:
"(B)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE AGGREGATE AMOUNT OF
PRINCIPAL OF LOANS MADE OR GUARANTEED, OR BOTH, UNDER THIS SECTION FOR A
HEALTH MAINTENANCE ORGANIZATION MAY NOT EXCEED $2,500,000. IN ANY
FISCAL YEAR, THE AMOUNT DISBURSED UNDER A LOAN OR LOANS MADE OR
GUARANTEED UNDER THIS SECTION FOR A HEALTH MAINTENANCE ORGANIZATION MAY
NOT EXCEED $1,000,000,000."
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1382 ACCOMPANYING H.R. 16204 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 1640 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 1285 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
NOV. 25, CONSIDERED AND PASSED SENATE.
DEC. 13, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
16204.
DEC. 19, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-640, 88 STAT 2217, NATIONAL ARTHRITIS ACT OF 1974
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE
SECTION 1. THIS ACT MAY BE CITED AS THE "NATIONAL ARTHRITIS ACT OF
1974". //42 USC 289C - 1 NOTE.//
FINDINGS AND DECLARATION OF PURPOSE
SEC. 2. THE CONGRESS MAKES THE FOLLOWING FINDINGS-- //42 USC 289C - 1
NOTE.//
(1) ARTHRITIS AND RELATED MUSCULOSKELETAL DISEASES CONSTITUTE
MAJOR HEALTH PROBLEMS IN THE UNITED STATES IN THAT THEY AFFLICT
MORE THAN TWENTY MILLION AMERICANS AND ARE THE GREATEST SINGLE
CAUSE OF CHRONIC PAID AND DISABILITY.
(2) THE COMPLICATIONS OF ARTHRITIS LEAD TO MANY OTHER SERIOUS
HEALTH PROBLEMS AND OTHER SEVERE PHYSICAL DISABILITIES IN PERSONS
OF ALL AGES WITH THE DISEASE, PARTICULARLY CHILDREN AND
ADOLESCENTS.
(3) THE ANNUAL COST OF ARTHRITIS TO THE NATIONAL ECONOMY IN
1970, FROM MEDICAL CARE EXPENSES AND LOST WAGES, WAS
$9,200,000,000, AND NUMBER OF WORKDAYS LOST IN THAT YEAR TOTALED
OVER 14,500,000.
(4) UNCONTROLLED ARTHRITIS SIGNIFICANTLY DECREASES THE QUALITY
OF LIFE AND HAS A MAJOR NEGATIVE ECONOMIC, SOCIAL, AND
PSYCHOLOGICAL IMPACT ON THE FAMILIES OF ITS VICTIMS AND SOCIETY
GENERALLY.
(5) ATHLETIC AND OTHER TYPES OF JOINT INJURIES INVOLVING TRAUMA
CAN LEAD TO ARTHRITIS.
(6) THE DEVELOPMENT OF ADVANCED METHODS OF DIAGNOSIS AND
TREATMENT OF ARTHRITIS AND QUALITY TRAINED HEALTH PROFESSIONALS IN
ARTHRITIS DESERVES THE HIGHEST NATIONAL PRIORITY.
(7) THERE IS A CRITICAL SHORTAGE OF MEDICAL FACILITIES AND
PROPERLY TRAINED HEALTH PROFESSIONALS AND ALLIED HEALTH
PROFESSIONALS IN THE UNITED STATES FOR ARTHRITIS RESEARCH,
PREVENTION, TREATMENT, CARE, AND REHABILITATION PROGRAMS.
(8) THE CITIZENS OF THE UNITED STATES SHOULD HAVE A FULL
UNDERSTANDING OF THE NATURE OF THE HUMAN, SOCIAL, AND ECONOMIC
IMPACT OF ARTHRITIS AND SHOULD BE ENCOURAGED TO SEEK EARLY
DIAGNOSIS AND TREATMENT TO PREVENT OR MITIGATE PHYSICAL DISABILITY
RESULTING FROM ARTHRITIS.
(9) THERE IS GREAT POTENTIAL FOR MAKING MAJOR ADVANCES AGAINST
ARTHRITIS IN THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND
DIGESTIVEE DISEASES, IN CONCERT WITH OTHER INSTITUTES OF THE
NATIONAL INSTITUTES OF HEALTH.
SEC. 3. (A) THWE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE "SECRETARY"), AFTER
CONSULTING //42 USC 289C - 1 NOTE.// WITH THE DIRECTOR OF THE NATIPONAL
INSTITUTES OF HEALTH, SHALL, WITHIN SIXTY DAYS OF THE DATE OF THE
ENACTMENT OF THIS SECTION, ESTABLISH A NATIONAL COMMISSION ON ARTHRITIS
AND RELATED MUSCULOSKELETAL DISEASES (HEREINAFTER IN THIS SECTION
REFERRED TO AS THE "COMMISSION").
(B) THE COMMISSION SHALL BE COMPOSED OF EIGHTEEN MEMBERS AS FOLLOWS:
(1) SIX MEMBERS APPOINTED BY THE SECRETARY WHO ARE SCIENTISTS,
PHYSICIANS, OR OTHER HEALTH PROFESSIONALS NOT IN THE EMPLOYMENT OF
THE FEDERAL GOVERNMENT, WHO REPRESENT THE VARIOUS SPECIALTIES AND
DISCIPLINES INVOLVING ARTHRITIS AND RELATED MUSCULOSKELETAL
DISEASES (HEREINAFTER IN THIS SECTION COLLECTIVELY REFERRED TO AS
"ARTHRITIS"), AND OF WHOM AT LEAST TWO ARE PRACTICING CLINICAL
RHEUMATOLOGISTS, AT LEAST ONE IS AN ORTHOPEDIC SURGEON, AND AT
LEAST ONE IS AN ALLIED HEALTH PROFESSIONAL.
(2) FOUR MEMBERS APPOINTED BY THE SECRETARY FROM THE GENERAL
PUBLIC, OF WHOM AT LEAST TWO SUFFER FROM ARTHRITIS.
(3) ONE MEMBER APPOINTED BY THE SECRETARY, FROM MEMBERS OF THE
NATIONAL ARTHRITIS, METABOLISM, DIGESTIVE DISEASE ADVISORY
COUNCIL, WHOSE PRIMARY INTEREST IS IN THE FIELD OF RHEUMATOLOGY.
(4) THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH OR HIS
DESIGNEE, THE DIRECTOR OF THE NATIONAL INSTITUTE OF ARTHRITIS,
METABOLISM, AND DIGESTIVE DISEASES OR HIS DESIGNEE, THE DIRECTORS,
OF THEIR DESIGNEES, OF THE NATIONAL INSTITUTE OF ALLERGY AND
INFECTIOUS DISEASES AND THE NATIONAL INSTITUTE OF GENERAL MEDICAL
SCIENCE, THE ASSOCIATE DIRECTOR FOR ARTHRITIS AND RELATED
MUSCULOSKELETAL DISEASES OF SUCH INSTITUTE, AND THE CHIEF MEDICAL
OFFICER OF THE VETERANS' ADMINISTRATION AND THE SECRETARY OF
DEFENSE OR THEIR DESIGNEES, EACH OF WHOM SHALL SERVE AS EX
OFFICIO, NONVOTING MEMBERS.
(C) THE MEMBERS OF THE COMMISSION SHALL SELECT A CHAIRMAN FROM AMONG
THEIR OWN NUMBER. THE COMMISSION SHALL FIRST MEET ON A DATE SPECIFIED
BY THE SECRETARY, NOT LATER THAN 30 DAYS AFTER THE COMMISSION IS
ESTABLISHED, AND THEREAFTER SHALL MEET AT THE CALL OF THE CHAIRMAN OF
THE COMMISSION (BUT NOT LESS OFTERN THAN THREE TIMES).
(D) THE DIRECTOR OF THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM,
AND DIGESTIVE DISEASES SHALL--,
(1) DESIGNATE A MEMBER OF THE STAFF OF SUCH INSTITUTE TO ACT AS
EXECUTIVE SECRETARY OF THE COMMISSION, AND
(2) PROVIDE THE COMMISSION WITH SUCH FULL-TIME PROFESSIONAL AND
CLERICAL STAFF, SUCH INFORMATION, AND THE SERVICES OF SUCH
CONSULTANTS AS MAY BE NECESSARY TO ASSIT IT IN CARRYING OUT
EFFECTIVELY ITS FUNCTION UNDER THIS SECTION.
(E) MEMBERS OF THE COMMISSION WHO ARE OFFICERS OR EMPLOYEES OF THE
FEDERAL GOVERNMENT SHALL SERVE AS MEMBERS OF THE COMMISSION WITHOUT
COMPENSATION IN ADDITION TO THAT RECEIVED IN THEIR REGULAR PUBLIC
EMPLOYMENT. MEMBERS OF THE COMMISSION WHO ARE NOT OFFICERS OR EMPLOYEES
OF THE FEDERAL GOVERNMENT SHALL EACH RECEIVE THE DAILY EQUIVALENT OF THE
RATE IN EFFECT FOR GRADE GS-18 OF THE GENERAL SCHEDULE FOR EACH DAY
(INCLUDING TRAVELTIME) THEY ARE ENGEGED IN THE PERFORMANCE OF THEIR
DUTIES AS MEMBERS OF THE COMMISSION. //5 USC 5332 NOTE.// ALL MEMBERS,
WHILE SO SERVING AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS,
MAY BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF
SUBSISTENCE, IN THE SAME MANNER AS SUCH EXPENSES ARE AUTHORIZED BY
SECTION 5703, TITLE 5, UNITED STATES CODE, FOR PERSONS IN THE GOVERNMENT
SERVICE EMPLOYED INTERMITTENTLY.
(F) THE COMMISSION SHALL SURVEY FEDERAL, STATE, AND LOCAL HEALTH
PROGRAMS AND ACTIVITIES RELATING TO ARTHRITIS AND ASSESS THE ADEQUACY,
TECHNICAL SOUNDNESS, AND COORDINATION OF SUCH PROGRAMS AND ACTIVITIES.
ALL FEDERAL DEPARTMENTS AND AGENCIES ADMINISTERING HEALTH PROGRAMS AND
ACTIVITIES RELATING TO ARTHRITIS SHALL PROVIDE SUCH COOPERATION AND
ASSISTANCE RELATING TO SUCH PROGRAMS AND ACTIVITIES AS IS REASONABLY
NECESSARY FOR THE COMMISSION TO MAKE SUCH SURVEY AND ASSESSMENT.
(G) THE COMMISSION SHALL FORMULATE A LONG-RANGE PLAN (HEREINAFTER IN
THIS SECTION REFERRED TO AS THE "ARTHRITIS PLAN") WITH SPECIFIC
RECOMMENDATIONS FOR THE USE AND ORGANIZATION OF NATIONAL RESOURCES TO
COMBAT ARTHRITIS. THE ARTHRITIS PLAN SHALL BE BASED ON A SURBEY
INVESTIGATING THE INCIDENCE AND PREVALENCE OF ARTHRISTIS AND ITS
ECONOMIC AND SOCIAL CONSEQUENCES, AND ON AN EVALUATION OF SCIENTIFIC
INFORMATION RESPECTING, AND THE NATIONAL RESOURCES CAPABLE OF DEALING
WITH ARTHRITIS. THE ARTHRITIS PLAN SHALL INCLUDE A COMPREHENSIVE
PROGRAM FOR THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND
DIGESTIVE DIEASES (HEREINAFTER IN THIS SECTION REFERRED TO AS THE
"INSTITUTE") AND PLANS FOR FEDERAL, STATE, AND LOCAL PROGRAMS, WHICH
PROGRAM AND PROGRAMS SHALL, AS APPROPRIATE, PROVIDE FOR--,
(1) INVESTIGATION INTO THE EPIDEMIOLOGY, ETIOLOGY, AND
PREVENTION AND CONTROL OF ARTHRITIS, INCLUDING THE SOCIAL,
ENVIRONMENTAL, BEHAVIORAL, NUTRITIONAL, AND BIOLOGICAL CONTROL OF
ARTHRITIS;
(2) STUDIES AND RESEARCH INTO THE BASIC BIOLOGICAL PROCESSES
AND MECHANISMS INVOLVED WITH ARTHRITIS, INCLUDING ABNORMALITIES OF
THE IMMUNE, MUSCULOSKELETAL, CARDIOVASCULAR, GASTROINTESTINAL,
UROGENITAL, PULMONARY, AND NERVOUS SYSTEMS, THE SKIN, AND THE
EYES;
(3) RESEARCH INTO THE DEVEOPMENT, TRIAL, AND EVALUATION OF
TECHNIQUES, ORTHOPEDIC AND OTHER SURGICAL PROCEDURES, AND DRUGS
(INCLUDING DRUGS INTENDED FOR USE BY CHILDREN) USED IN THE
DIAGNOSIS, EARLY DETECTION, TREATMENT, PREVENTION, AND CONTROL OF
ARTHRITIS;
(4) PROGRAMS THAT WILL APPLY SCIENTIFIC AND TECHNOLOGICAL
METHODOLOGIES AND PROCESSES INVOLVING BIOLOGICAL, PHYSICAL, AND
ENGINEERING SCIENCES TO DEAL WITH ALL FACETS OF ARTHRITIS,
INCLUDING TRAUMATIC ARTHRITIS;
(5) PROGRAMS FOR THE CONDUCT AND DIRECTION OF FIELD STUDIES
LARGESCALE TESTING, EVALUATION, AND DEMONSTRATION OF PREVENTIVE,
DIAGNOSTIC, THERAPEUTIC, REHABILITATIVE, AND CONTROL APPROACHES TO
ARTHRITIS, INCLUDING STUDIES OF THE EFFECTIVENESS AND USE OF HOME
CARE PROGRAMS, MOBILE CASE UNITS, COMMUNITY REHABILITATION
FACILITIES, AND OTHER APPROPRIATE COMMUNITY PUBLIC HEALTH AND
SOCIAL SERVICES;
(6) STUDIES OF THE FEASIBILITY OF, AND POSSIBLE BENEFITS
ACCRUING FROM, THE ORGANIZAITON AND TRAINING OF TEAMS OF HEALTH
AND ALLIED HEALTH PROFESSIONALS IN THE TREATMENT AND
REHABILITATION OF INDIVIDUALS WHO SUFFER FROM ARTHRITIS;
(7) PROGRAMS TO EVALUATE AVAILABLE RESOURCES FOR THE
REHABILITATION OF INDIVIDUALS WHO SUFFER FROM ARTHRITIS;
(8) PROGRAMS TO DEVELOP NEW AND IMPROVED METHODS OF SCREENING
AND REFERRAL FOR ARTHRITIS, AND PARTICULARLY FOR THE EARLY
DETECTION OF ARTHRITIS;
(9) PROGRAMS TO ESTABLISH STANDARDS AND CRITERIA FOR
MEASUREMENT OF THE SEVERITY AND REHABILITATIVE POTENTIAL OF
DISABILITIES RESULTING FROM ARTHRITIS;
(10) PROGRAMS TO DEVELOP A UNIFORM DESCRIPTIVE VOCABULARY FOR
USE IN BASIC AND CLINCIAL RESEARCH AND A STANDARDIZED CLINICAL
PATIENT DATA SET FOR ARTHRITIS TO STANDARDIZE COLLECTION, STORAGE,
AND RETRIEVAL OF RESEARCH AND TREATMENT DATA IN ORDER TO
FACILITATE COLLABORATIVE AND COMPARATIVE STUDIES OF LARGE PATIENT
POPULATIONS;
(11) PROGRAMS TO ESTABLISH A SYSTEMFOR THE COLLECTION,
ANALYSIS, AND DISSEMINATION OF DATA USEFUL IN THE SCREENING,
PREVENTION, DIAGNOSIS, AND TREATMENT OF ARTHRITIS, INCLUDING THE
ESTABLISHMENT OF A NATIONAL DATA STORAGE BANK TO COLLECT, CATALOG,
AND STORE, AND FACILITATE RETRIEVAL AND DISSEMINATION OF
INFORMATION AS TO THE PRACTICAL APPLICATION OF RESEARCH AND OTHER
ACTIVITIES PERTAINING TO ARTHRITIS;
(12) PROGRAMS FOR THE EDUCATION (INCLUDING CONTINUING EDUCATION
PROGRAMS AND DEVELOPMENT OF NEW TECHNIQUES AND CURRICULA) OF
SCIENTISTS, BIOENGINEERS, PHYSICIANS ENGAGED IN GENERAL PRACTICE,
THE PRACTICE OF FAMILY MEDICINE, OR OTHER PRIMARY CARE
SPECIALTIES, SURGEONS, INCLUDING ORTHOPEDIC SURGEONS, AND OTHER
HEALTH AND ALLIED HEALTH PROFESSIONALS AND EDUCATORS IN THE FIELDS
AND SPECIALTIES REQUISITE TO SCREENING, EARLY DETECTION,
DIAGNOSIS, TREATMENT, AND PREVENTION OF ARTHRITIS AND
RHABILITATION OF INDIVIDUALS WHO SUFFER FROM ARTHRITIS;
(13) PROGRAMS FOR PUBLIC EDUCATION AND COUNSELING RELATING TO
ARTHRITIS, INCLUDING PUBLIC INFORMATION CAMPAIGNS ON CURRENT
DEVELOPMENTS IN DIAGNOSTIC AND TREATMENT PROCEDURES AND PROGRAMS
TO DISCOURAGE THE PROMOTION AND USE OF UNAPPROVED AND INEFFECTIVE
DIAGNOSTIC, PREVENTIVE, TREATMENT, AND CONTROL METHODS AND
UNAPPROVED AND INEFFECTIVE DRUGS AND DEVICES;
(14) A PROGRAM FOR TEH ACCELERATION OF INTERNATIONAL
COOPERATION IN AND EXCHANGE OF KNOWLEDGE ON RESEARCH, SCREENING,
EARLY DETECTION, DIAGNOSIS, TREATMENT, PREVENTION, AND CONTROL OF
ARTHRITIS; AND
(15) COORDINATION OF THE RESEARCH PROGRAMS RELEVANT TO
ARTHRITIS; OF OTHER INSTITUTES OF THE NATIONAL INSTITUTES OF
HEALTH, THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, AND
OTHER FEDERAL AND NON-FEDERAL ENTITIES.
(H) THE COMMISSION MAY HOLD SUCH HEARINGS, TAKE SUCH TESTIMONY, AND
SIT AT SUCH TIME AND PLACES AS IT DEEMS ADVISABLE.
(I)(1) THE COMMISSION SHALL PREPARE FOR EACH OF THE INSTITUTES OF THE
NATIONAL INSTITUTES OF HEALTH WHOSE ACTIVITIES ARE TO BE AFFECTED BY THE
ARTHRITIS PLAN ESTIMATES FO NECESSARY EXPENDITURES TO CARRY OUT EACH
SUCH INSTITUTE'S PART OF THE COMPREHENSIVE PROGRAM INCLUDED IN JUNE 30,
1976, AND FOR EACH OF THE NEXT TWO FISCAL YEARS.
(2) WITHIN FIVE DAYS AFTER THE BUDGET IS TRANSMITTED BY THE PRESIDENT
TO CONGRESS FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND FOR EACH OF
THE NEXT TOW FISCAL YEARS, THE SECRETARY SHALL TRANSMIT TO THE
COMMITTEES ON APPROPRIATIONS OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE, THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE, AND THE
COMMITTEE ON COMMERCE AND HEALTH OF THE UNITED STATES HOUSE OF
REPRESENTATIVES AN ESTIMATE OF THE AMOUNTS REQUESTED FOR ARTHRITIS
RESEARCH BY EACH OF THE INSTITUTES FOR WHICH ESTIMATES WERE PREPARED
UNDER PARAGRAPH (1) AND A COMPARISON OF SUCH AMOUNTS WITH SUCH
ESTIMATES.
(J)(1) THE COMMISSION SHALL PUBLISH AND TRANSMIT DIRECTLY TO THE
CONGRESS (WITHOUT PRIOR ADMINISTRATIVE APPROVAL OF REVIEW BY THE OFFICE
OF MANAGEMENT AND BUDGET OR NAY OTHER FEDERAL DEPARTMENT OR AGENCY) THE
ARTHRITIS PLAN WITHIN TWO HUNDRED AND TEN DAYS AFTER THE DATE ON WHICH
FUNDS ARE FIRST APPROPRIATED FOR THE COMMISSION.
(2) THE COMMISSION SHALL CEASE TO EXIST ON THE THIRTIETH DAY
FOLLOWING THE DATE OF THE SUBMISSION OF THE ARTHRITIS PLAN PURSUANT TO
PARAGRAPH (1) OF THIS SUBSECTION.
(K) THERE ARE AUTHORIZED TO BE APPROPRIATED, WITHOUT FISCAL YEAR
LIMITATION, TO CARRY OUT THE PURPOSES OF THIS SECTION $2,000,000.
ARTHRITIS COORDINATING COMMITTEE, DEMONSTRATION PROJECTS, AND
COMPREHENSIVE ARTHRITIS CENTERS
SEC. 4. PART D OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"ARTHRITIS COORDINATING COMMITTEE
"SEC. 437. (A) IN ORDER TO IMPROVE COORDINATION OF ALL ACTIVITIES IN
THE NATIONAL INSTITUTES OF HEALTH, IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE, AND IN OTHER DEPARTMENTS AND AGENCIES OF THE
FEDERAL GOVERNMENT RELATING TO FEDERAL HEALTH PROGRAMS AND ACTIVITIES
RELATING TO ARTHRITIS, THE SECRETARY SHALL ESTABLISH AN ARTHRITIS
COORDINATING COMMITTEE TO BE COMPOSED OF REPRESENTATIVES OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (INCLUDING THE FOOD AND
DRUG ADMINISTRATION) AND OF THE VETERANS' ADMINISTRATION, THE DEPARTMENT
OF DEFENSE, AND OTHER FEDERAL DEPARTMENTS AND AGENCIES INVOLVED IN
RESEARCH, HEALTH SERVICES, OR REHABILITATION PROGRAMS AFFECTING
ARTHRITIS. //42 USC 289C - 4.// THIS COMMITTEE SHALL INCUDE THE
DIRECTORS (OR THEIR DESIGNATED REPRESENTATIVES) OF EACH OF THE
INSTITUTES OF THE NATIONAL INSTITUTES OF HEALTH INVOLVED IN ARTHRITIS
RELATED RESEARCH. THE COMMITTEE SHALL BE CHAIRED BY THE ASSOCIATE
DIRECTOR ESTABLISHED PURSUANT TO SECTION 434(E) //POST, P. 2224.// AND
SHALL PREPARE A REPORT NOT LATER THAN SIXTY DAYS AFTER THE END OF EACH
FISCAL YEAR AS POSSIBLE, FOR THE SECRETARY DETAILING THE WORK OF THE
COMMITTEE IN SEEKING TO IMPROVE COORDINATION OF DEPARTMENTAL AND
INTERDEPARTMENTAL ACTIVITIES RELATING TO ARTHRITIS DURING THE PRECEDING
FISCAL YEAR. SUCH REPORT SHALL INCLUDE--
"(1) A DESCRIPTION OF THE WORK OF THE COMMITTEE IN COORDINATING
THE RESEARCH ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
RELATING TO ARTHRITIS DURING THE PRECEDING YEAR, AND
"(2) A DESCRIPTION OF THE WORK OF THE COMMITTEE IN PROMOTING
THE COORDINATION OF FEDERAL HEALTH PROGRAMS AND ACTIVITIES
RELATING TO ARTHRITIS TO ASSURE THE ADEQUACY OF SUCH PROGRAMS AND
TO PROVIDE FOR THE ADEQUATE COORDINATION OF SUCH PROGRAMS AND
ACTIVITIES.
"(B) THE COMMITTEE SHALL MEET AT THE CALL OF THE CHAIRMAN, BUT NOT
LESS OFTEN THAN FOUR TIMES A YEAR.
"ARTHRITIS SCREENING, DETECTION, PREVENTION, AND REFERRAL
DEMONSTRATION PROJECTS; AND DATA BANK
"SEC. 438. (A) THE SECRETARY, ACTING THROUGH THE ASSISTANT SECRETARY
//42 USC 289C - 5.// FOR HEALTH, MAY MAKE GRANTS TO PUBLIC AND NONPROFIT
ENTITIES TO ESTABLISH AND SUPPORT PROJECTS FOR THE DEVELOPMENT AND
DEMONSTRATION OF METHODS FOR ARTHRITIS, SCREENING, DETECTION,
PREVENTION, AND REFERRAL, AND FOR THE DISSEMINATION OF THESE METHODS TO
HEALTH AND ALLIED HEALTH PROFESSIONS. ACTIVITIES UNDER SUCH PROJECTS
SHALL BE COORDINATED WITH (1) FEDERAL, STATE, LOCAL, AND REGIONAL HEALTH
AGENCIES, (2) CENTERS ASSISTED UNDER SECTION 439, AND (3) THE DATA BANK
UNDER SUBSECTION (C).
"(B) PROJECTS UNDER THIS SECTION SHALL INCLUDE PROGRAMS WHICH--,
"(1) EMPHASIZE THE DEVELOPMENT AND DEMONSTRATION OF NEW AND
IMPROVED METHODS OF SCREENING AND EARLY DETECTION, REFERRAL, AND
DIAGNOSIS OF INDIVIDUALS WITH A RISK OF DEVELOPING ARTHRITIS,
ASYMPTOMATIC ARTHRITIS OR SYMPTOMATIC ARTHRITIS;
"(2) EMPHASIZE THE DEVELOPMENT AND DEMONSTRATION OF NEW AND
IMPROVED METHODS FOR PATIENT REFERRAL FROM LOCAL HOSPITALS AND
PHYSICIANS TO APPROPRIATE CENTERS FOR EARLY DIAGNOSIS AND
TREATMENT;
"(3) EMPHASIZE THE DEVELOPMENT AND DEMONSTRATION OF NEW AND
IMPROVED MEANS OF STANDARDIZING PATIENT DATA AND RECORDKEEPING;
AND "(4) EMPHASIZE THE DEVELOPMENT AND DEMONSTRATION OF NEW AND
IMPROVED METHODS OF DISSEMINATION OF KNOWLEDGE ABOUT THE PROJECTS
AND METHODS REFERRED TO IN THE PRECEDING PARAGRAPHS OF THIS
SUBSECTION TO HEALTH AND ALLIED HEALTH PROFESSIONALS.
"(C)(1) AS SOON AS PRACTICABLE AFTPER TH EDAT EOF ENACTMENT OF THIS
SECTION THE SECRETARY, THROUGH THE ASSISTANT SECRETARY FOR HEALTH, SHALL
ESTABLISH THE ARTHRITIS SCREENING AND DETECTION DATA BANK FOR THE
COLLECTION, STORAGE, ANALYSIS, RETRIVAL, AND DISSEMINATION OF DATA
USEFUL IN SCREENING, PREVENTION, AND EARLY DETECTION INVOLVING PATIENT
POPULATIONS WITH ASYMOPTOMATIC AND SYMOPTOMATIC TYPES OF ARTHRITIS,
INCLUDING WHERE POSSIBLE, DATA INVOLVING GENERAL POPULATIONS FOR THE
PURPOSE OF DETECTION OF INDIVIDUALS WITH A RISK OF DEVELOPING ARTHRITIS.
"(2) THE SECRETARY SHLAL PROVIDE FOR STANDARDIZATION OF PATIENT DATA
AND RECORDKEEPING FOR THE COLLECTION, STORAGE, ANALYSIS, RETRIEVAL, AND
DISSEMINATION OF SUCH DATA IN COORPORATION WITH PROJECTS UNDER THIS
SECTION AND CENTERS ASSISTED UNDER SECTION 439, AND OTHER PERSONS
ENGAGED IN ARTHRITIS PROGRAMS.
"(D) THERE ARE AUTHORIZED TO BE APPORPRIATED TO CARRY OUT THIS
SECTION $2,000,000 FOR FISCAL YEAR ENDING JUNE 30, 1975, $3,000,000 FOR
FISCAL YEAR ENDING JUNE 30, 1976, AND $4,000,000 FOR FISCAL YEAR ENDING
JUNE 30, 1977.
"COMPREHENSIVE ARTHRITIS CENTERS
"SEC. 439. (A) THE SECRETARY, ACTING THROUGH THE ASSISTANT SECRETARY
FOR HEALTH MAY, AFTER CONSULTATION WITH THE NATIONAL ADVISORY COUNCIL
ESTABLISHED UNDER SECTION 434(A) AND CONSISTVENT WITH THE ARTHRITIS PLAN
DEVELOPED PURSUANT TO THE NATIONAL ARTHRITIS ACT OF 1974. //ANTE, P.
2217.// PROVIDED FOR THE DEVELOPMENT, MODERNIZATION, AND OPERATION
(INCLUDING STAFFING AND OTHER OPERATING COSTS OF PATIENT CARE REQUIRED
FOR RESEARCH) OF CENTERS FOR ARTHRITIS RESEARCH, SCREENING, DETECTION,
DIAGNOSIS, PREVENTION, CONTROL , AND TREATMENT, FOR EDUCATION RELATED TO
ARTHRITIS, AND FOR REHABILITATION OF INDIVIDUALS WHO SUFFER FROM
ARTHRITIS. //42 USC 289C - 6, 42 USC 289C - 1.// FOR PURPOSES OF THIS
SECTION, THE TERM "'MODERNIZATION' MEANS THE ALTERATION, REMODELING,
IMPROVEMENT, EXPANSION, AND REPAIR OF EXISTING BUILDINGS AND THE
PROVISIONS OF EQUIPMENT FOR SUCH BUILDINGS TO THE EXTENT NECESSARY TO
MAKE THEM SUITABLE FOR USE AS CENTERS DESCRIBED IN THE PRECEDING
SENTENCE.
"(B) EACH CENTER ASSISTED UNDER THIS SECTION SHALL--
"(1)(A) USE THE FACILITIES OF A SINGLE INSTITUTION OR A
CONSORTIUM OF COOPERATING INSTITUTIONS, AND (B) MEET SUCH
QUALIFICATIONS AS MAY BE PRESCRIBED BY THE SECRETARY; AND
"(2) CONDUCT--,
"(A) BASIC AND CLINCIAL RESEARCH INTO THE CAUSE, DIAGNOSIS,
EARLY DETECTION, PREVENTION, CONTROL, AND TREATMENT OF, ARTHRITIS
AND COMPLICATIONS RESULTING FROM ARTHRITIS, INLUDING RESEARCH INTO
IMPLANTABLE BIOMATERIALS AND BIOMECHANICAL AND OTHER ORTHOPEDIC
PROCEDURES AND IN THE DEVELOPMENT OF OTHER DIAGNOSTIC AND
TREATMENT METHODS;
"(B) TRAINING PROGRAMS FOR PHYSICIANS AND OTHER HEALTH AND
ALLIED PROFESSIONALS IN CURRENT METHODS OF DIAGNOSIS, SCREENING
AND EARLY DETECTION, PREVENTION, CONTROL, AND TREATMENT OF
ARTHRITIS;
"(C) INFORMATION AND CONTINUING EDUCATION PROGRAMS FOR
PHYSICIANS AND OTHER HEALTH AND ALLIED HEALTH PROFESSIONALS WHO
PROVIDE CARE FOR PATIENTS WITH ARTHRITIS; AND
"(D) PROGRAMS FOR THE DISSEMINATION TO THE GENERAL PUBLIC OF
INFORMATION--,
"(I) ON THE IMPORTANCE OF EARLY DETECTION OF ARTHRITIS, OF
SEEKING PROMPT TREATMENT, AND OF FOLLOWING AN APPROPRIATE REGIMEN;
AND
"(II) TO DISCOURAGE THE PROMOTION AND USE OF UNAPPROVED AND
INEFFECTIVE DIAGNOSTIC, PREVENTIVE, TREATMENT, AND CONTROL METHODS
AND UNAPPROVED AND INEFFECTIVE DRUGS AND DEVICES.
"(C) EACH CENTER ASSISTED UNDER THIS SECTION MAY CONDUCT PROGRAMS
TO--,
"(1) DEVELOP NEW AND IMPROVED METHODS OF SCREENING AND EARLY
DETECTION, REFERRAL, AND DIAGNOSIS OF INDIVIDUALS WITH A RISK OF
DEVELOPING ARTHRITIS ASYMPTOMATIC ARTHRITIS, OR SYMPTOMATIC
ARTHRITIS,
"(2) DISSEMIANTE THE RESULTS OF RESEARCH, SCREEDNING, AND OTHER
ACTIVITIES, AND DEVELOP MEANS OF STANDARDIZING PATIENT DATA AND
RECORDKEEPING, AND
"(3) DEVELOP COMMUNITY CONSULTATIVE SERVICES TO FACILITATE THE
REFERRAL OF PATIENTS TO CENTERS FOR TREATMENT.
"(E) THE SECRETARY SHALL, INSOFAR AS PRACTICABLE, PROVIDE FOR AN
EQUITABLE GEOGRAPHICAL DISTRIBUTION OF CENTERS ASSISTED UNDER THIS
SECTION. THE SECRETARY SHALL GIVE APPROPRAITE CONSIDERATION TO THE NEED
FOR CENTERS ESPECIALLY SUITED TO MEETING THE NEEDS OF CHILDREN AFFECTED
BY ARTHRITIS.
"(F) THE SECRETARY SHALL EVALUATE ON AN ANNUAL BASIS THE ACTIVITIES
OF CENTERS RECEIVING SUPPORT UNDER THIS SECTION AND SHALL REPORT TO THE
APPROPRAITE COMMITTEES OF CONGRESS THE RESULTS OF HIS EVALUATIONS NOT
LATER THAN FOUR MONTHS AFTER THE END OF EACH FISCAL YEAR.
"(G) NO CENTER MAY RECEIVE MORE THAN THREE GRANTS UNDER THIS SECTION.
"(H) FOR PURPOSES OF THIS SECTION, THERE ARE AUTHORIZED TO BE
APPROPRIATED $11,000,000 FOR FISCAL YEAR ENDING JUNE 30, 1975,
$13,000,000 FOR FISCAL YEAR ENDING JUNE 30, 1976, AND $15,000,000 FOR
FISCAL YEAR ENDING JUNE 30, 1977. NOT LESS THAN 20 PER CENTUM OF THE
FUNDS APPROPRIATED FOR EACH FISCAL YEAR UNDER THIS SUBSECTION SHALL BE
USED FOR THE PURPOSES OF ESTABLISHING NEW CENTERS."
ASSOCIATE DIRECTOR, ANNUAL REPORT, RESEARCH FUNDING, ADVISORY
COUNCIL
SEC. 5. (A) SECTION 434 OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED
BY ADDING AT THE END THE FOLLOWING NEW SUBSECTION: //42 USC 289C - 1.//
"(E) THERE IS ESTABLISHED WITHIN THE INSTITUTE THE POSITION OF
ASSOCIATE DIRECTOR FOR ARTHRITIS AND RELATED MUSCULOSKELETAL DISEASE
(HEREINAFTER IN THIS PART REFERRED TO AS THE 'ASSOCIATE DIRECTOR'), WHO
SHALL REPORT DIRECTLY TO THE DIRECTOR OF SUCH INSTITUTE AND WHO, UNDER
THE SUPERVISION OF THE DIRECTOR OF SUCH INSTITUTE, SHALL BE RESPONSIBLE
FOR PROGRAMS REGARDING ARTHRITIS AND RELATED MUSCULOSKELETAL DISEASES
HEREINAFTER IN THIS PART COLLECTIVELY REFERRED TO AS 'ARTHRITIS" WITHIN
SUCH INSTITUTE.
"(F) THE DIRECTOR OF THE INSTITUTE SHALL, AS SOON AS PRACTICABLE, BUT
NOT LATER THAN SIXTY DAYS, AFTER THE END OF EACH FISCAL YEAR, PREPARE,
IN CONSULTATION WITH THE NATIONAL ADVISORY COUNCIL, AND SUBMIT TO THE
PRESIDENT AND TO THE CONGRESS A REPORT. SUCH REPORT SHALL INCLUDE (1) A
PROPOSAL FOR THE INSTITUTE'S ACTIVITIES UNDER THE ARTHRITIS PLAN
FORMULATED UNDER THE NATIONAL ARTHRITIS ACT OF 1974 AND ACTIVITIES UNDER
OTHER PROVISIONS OF LAW DURING THE NEXT FIVE YEARS, WITH AN ESTIMATE FOR
SUCH ADDITIONAL STAFF POSITIONS AND APPROPRIATIONS AS MAY BE REQUIRED TO
PURSUE SUCH ACTIVITIES, AND (2) A PROGRAM EVULATION SECTION, WHEREIN THE
ACTIVITIES AND ACCOMPLISHMENTS OF THE INSTITUTE DURING THE PRECEDING
FISCAL YEAR SHALL BE MEASURED AGAINS THE DIRECTOR'S PROPOSAL FOR THAT
YEAR FOR ACTIVITIES UNDER THE ARTHRITIS PLAN.".
(B) SECTION 431 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION: //42 USC 289A.//
"(C) OF THE SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER THIS ACT FOR
THE NATIONAL INSTITUTES OF HEALTH, NOT LESS THAN $500,000 SHALL BE
OBLIGATED FOR BASIC AND CLINICAL ORTHOPEDIC RESEARCH CONDUCTED WITHIN
THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES
WHICH RELATES TO THE METHODS OF PREVENTING, CONTROLLING AND TREATING
ARTHRITIS AND RELATED MUSCULOSKELETAL DISEASES, INCLUDING RESEARCH IN
IMPLANTABLE BIOMATERIALS AND BIOMECHANICAL AND OTHER ORTHOPEDIC
PROCEDURES AND RESEARCH IN TSHE DEVELOPMENT OF NEW AND IMPROVED
ORTHOPEDIC TREATMENT METHODS." //42 USC 289C - 1.//
(C) SECTION 434(B) OF SUCH ACT IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING: "THE ADVISORY COUNCIL SHALL REVIEW APPLICATIONS
MADE TO THE DIRECTOR FOR GRANTS FOR RESEARCH PROJECTS RELATED TO
ARTHRITITS AND RELATED MUSCULOSKELETAL DISEASES AND SHALL RECOMMEND TO
THE DIRECTOR FOR APPROVAL THOSE APPLICATIONS AND CONTRACTS WHICH THE
COUNCIL DETERMINES WILL BEST CARRY OUT THE PURPOSES OF THIS PART. THE
ADVISORY COUNCIL SHALL ALSO REVIEW AND EVALUATE THE ARTHRITIS PROGRAMS
UNDER THIS PART AND SHALL RECOMMEND TO THE DIRECTOR SUCH CHANGES IN THE
ADMINISTRATION OF SUCH PROGRAMS AS IT DETERMINES ARE NECESSARY."
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1251 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
OCT. 11, CONSIDERED AND PASSED SENATE.
DEC. 18, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 19, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-639, 88 STAT 2217, AMENDMENTS OF 1973 TO FEDERAL LAW
RELATING TO EXPLOSIVES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES BY AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS "AMENDMENTS OF 1973 TO FEDERLA LAW RELATING TO EXPLOSIVES".
SEC. 101. SECTION 845(A) OF TITLE 18 OF THE UNTIED STATES CODE
(RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF FEDERAL LAW RELATING
TO EXPLOSIVES) IS AMENDED BY STRIKING OUT PARAGRAPH (5) AND INSERTING IN
LIEU THEREOF THE FOLLOWING NEW PARAGRAPH: //18 USC 845 NOTE.//
"(5) COMMERCIALLY MANUFACTURED BLACK POWDER IN QUANTITIES NOT
TO EXCEED FIFTY POUNDS, PERCUSSION CAPS, SAFETY AND PYROTECHNIC
FUSES, QUILLS, QUICK AND SLOW MATCHES, AND FRICTION PRIMERS,
INTENDED TO BE USED SOLELY FOR SPORTING, RECREATIONAL, OR CULTURAL
PURPOSES IN ANTIQUE FIREARMS AS DEFINED IN SECTION 921( A)(16) OF
TITLE 18 OF THE UNITED STATES CODE, OR IN ANTIQUE DEVICES AS
EXEMPTED FROM THE TERM 'DESTRUCTIVE DEVICE' IN SECTION 921(A) (4)
OF TITLE 18 OF THE UNITED STATES CODE; AND".
SEC. 102. SECTION 921(A)(4) OF TITLE 18 OF THE UNITED STATES CODE IS
AMENDED BY INSERTING AFTER THE WORD "SPORTING" IN THE LAST SENTENCE THE
FOLLOWING:", RECREATIONAL OR CULTURAL".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1570 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 274 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 13, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): DEC. 17, CONSIDERED AND PASSED HOUSE,
AMENDED.
DEC. 18, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-638, 88 STAT 2203, INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT
FULL PARTICIPATION
OF INDIAN TRIBES IN
PROGRAMS AND SERVICES CONDUCTED BY THE FEDERAL
GOVERNMENT FOR INDIANS AND
TO ENCOURAGE THE DEVELOPMENT OF HUMAN RESOURCES OF THE
INDIANS PEOPLE: TO
ESTABLISH A PROGRAM OF ASSISTANCE TO UPGRADE INDIAN
EDUCATION; TO SUPPORT THE
RIGHT OF INDIAN CITIZENS TO CONTROL THEIR OWN
EDUCATIONAL ACTICITIES; AND FOR
OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "INDIAN SELF-DETERMIANTION AND EDUCATION ASSISTANCE ACT".
//25 USC 450 NOTE.//
CONGRESSIONAL FINDINGS //25 USC 450.//
SEC. 2. (A) THE CONGRESS, AFTER CAREFUL REVIEW OF THE FEDERAL
GOVERNMENT'S HISTORICAL AND SPECIAL LEGAL RELATIONSHIP WITH, AND
RESULTING RESPONSIBILITIES TO, AMERICAN INDIAN PEOPLE, FINDS THAT--,
(1) THE PROLONGED FEDERAL DOMINATION OF INDIAN SERVICE PROGRAMS
HAS SERVED TO RETARD RATHER THAN ENHANCE THE PROGRESS OF INDIAN
PEOPLE AND THEIR COMMUNITIES BY DEPRIVING INDIANS OF THE FULL
OPPORTUNITY TO DEVELOP LEADERSHIP SKILLS CRUCIAL TO THE
REALIZATION OF SELF-GOVERNMENT, AND HAS DENIED TO THE INDIAN
PEOPLE AN EFFECTIVE VOICE IN THE PLANNING AND IMPLEMENTATION OF
PROGRAMS FOR THE BENEFIT OF INDIANS WHICH ARE RESPONSIVE TO THE
TRUE NEEDS OF INDIAN COMMUNITIES; AND
(2) THE INDIAN PEOPLE WILL NEVER SURRENDER THEIR DESIRE TO
CONTROL THEIR RELATIONSHIPS BOTH AMONG THEMSELVES AND WITH
NON-INDIAN GOVERNMENTS, ORGANIZATIONS, AND PERSONS.
(B) THE CONGRESS FURTHER FUNDS THAT--,
(1) TRUE SELF-DETERMINATION IN ANY SOCIETY OF PEOPLE IS
DEPENDENT UPON AN EDUCATIONAL PROCESS WHICH WILL INSURE THE
DEVELOPMENT OF QUALIFIED PEOPLE TO FULFILL MEANINGFUL LEADERSHIP
ROLES;
(2) THE FEDERAL RESPONSIBILITY FOR AND ASSISTANCE TO EDUCATION
OF INDIAN CHILDREN HAS NOT EFFECTED THE DESIRED LEVEL OF
EDUCATIONAL ACHIEVEMENT OR CREATED THE DIVERSE OPPORTUNITIES AND
PERSONAL SATISFACTION WHICH EDUCATION CAN AND SHOULD PROVIDE; AND
(3) PARENTAL AND COMMUNITY CONTROL OF THE EDUCATIONAL PROCESS
IS OF CRUCIAL IMPORTANCE TO THE INDIAN PEOPLE.
DECLARATION OF POLICY //25 USC 450A.//
SEC. 3. (A) THE CONGRESS HEREBY RECOGNIZES THE OBLIGATION OF THE
UNITED STATES TO RESPOND TO THE STRONG EXPRESSION OF THE INDIAN PEOPLE
FOR SELF-DETERMINATION BY ASSURING MAXIMUM INDIAN PARTICIPATION IN THE
DIRECTION OF EDUCATIONAL AS WELL AS OTHER FEDERAL SERVICES TO INDIAN
COMMUNITIES SO AS TO RENDER SUCH SERVICES MORE RESPONSIVE TO THE NEEDS
AND DESIRES OF THOSE COMMUNITIES.
(B) THE CONGRESS DECLARES ITS COMMITMENT TO THE MAINTENACE OF THE
FEDERAL GOVERNMENT'S UNIQUE AND CONTINUING RELATIONSHIP WITH AND
RESPONSIBILITY TO THE INDIAN PEOPLE THROUGH THE ESTABLISHMENT OF A
MEANINGFUL INDIAN SELF-DETERMINATION POLICY WHICH WILL PERMIT AN ORDERLY
TRANSITION FROM FEDERAL DOMINATION OF PROGRAMS FOR AND SERVICES TO
INDIANS TO EFFECTIVE AND MEANINGFUL PARTICIPATION BY THE INDIAN PEOPLE
IN THE PLANNING, CONDUCT, AND ADMINISTRATION OF THOSE PROGRAMS AND
SERVICES.
(C) THE CONGRESS DECLARES THAT A MAJOR MATIONAL GOAL OF THE UNITED
STATES IS TO PROVIDE THE QUANTITY AND QUALITY OF EDUCATIONAL SERVICES
AND OPPORTUNITIES WHICH WILL PERMIT INDIAN CHILDREN TO COMPETE AND EXCEL
IN THE LIFE AREAS OF THEIR CHOICE, AND TO ACHIEVE THE MEASURE OF
SELF-DETERMINATION ESSENTIAL TO THEIR SOCIAL AND ECONOMIC WELL-BEING.
DEFINITIONS //11 USC 450B.//
SEC. 4. FOR THE PURPOSES OF THIS ACT, THE TERM--,
(A) "INDIAN" MEANS A PERSON WHO IS A MEMBER OF AN INDIAN TRIBE;
(B) "INDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR
OTHER ORGANIZED GROUP OR COMMUNITY, INCLUDING ANY ALASKA NATIVE
VILLAGE OR REGIONAL OR VILLAGE CORPORATION AS DEFINED IN OR
ESTABLISHED PURSUANT TO THE ALASKA NATIVE CLAIMS SETTLEMENT ACT
(85 STAT. 688) WHICH IS RECOGNIZED AS ELIGIBLE FOR THE SPECIAL
PROGRAMS AND SERICES PROVIDED BY THE UNITED STATES TO INDIANS
BECAUSE OF THEIR STATUS AS INDIANS;
"(C) "TRIBAL ORGANIZATION" MEANS THE RECOGNIZED GOVERNING BODY
OF ANY INDIAN TRIBE; ANY LEGALLY ESTABLISHED ORGANIZATION OF
INDIANS WHICH IS CONTROLLED, SANCTIONED, OR CHARTERED BY SUCH
GOVERNING BODY OR WHICH IS DEMOCRATICALLY ELECTED BY THE ADULT
MEMBERS OF THE INDIAN COMMUNITY TO BE SERVED BY SUCH ORGANIZATION
AND WHICH INCLUDES THE MAXIMUM PARTICIPATION OF INDIANS IN ALL
PHASES OF ITS ACTIVITIES: PROVIDED, THAT IN ANY CASE WHERE A
CONTRACT IS LET OR GRANT MADE TO AN ORGANIZATION TO PERFORM
SERVICES BENEFITTING MORE THAN ONE INDIAN TRIBE, THE APPROVAL OF
EACH SUCH INDIAN TRIBE SHALL BE A PREREQUISITE TO THE LETTING OR
MAKING OF SUCH CONTRACT OR GRANT;
(D) "SECRETRY", UNLESS OTHERWISE DESIGNATED, MEANS THE
SECRETARY OF THE INTERIOR;
(F) "STATE EDUCATIONA AGENCY" MEANS THE STATE BOARD OF
EDUCATION OR OTHER AGENCY OR OFFICER PRIMARILY RESPONSIBLE FOR
SUPERVISION BY THE STATE OF PUBLIC ELEMENTARY AND SECONDARY
SCHOOLS, OR, IF THERE IS NO SUCH OFFICER OR AGENCY, AN OFFICER OR
AGENCY DESIGNATED BY THE GOVERNOR OR BY STATE LAW.
REPORTING AND AUDIT REQUIREMENTS //25 USC 450C.//
SEC. 5. (A) EACH RECIPIENT OF FEDERAL FINANCIAL ASSISTANCE FROM THE
SECRETARY OF INTERIOR OR THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE, UNDER THIS ACT, SHALL KEEP SUCH RECORDS AS THE APPROPRIATE
SECRETARY SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE THE
AMOUNT AND DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF SUCH
ASSISTANCE, THE COST OF THE PROJECT OR UNDERTAKING IN CONNECTION WITH
WHICH SUCH ASSISTANCE IS GIVEN OR USED, THE AMOUNT OF THAT PORTION OF
THE COST OF THE PROJECT OR UNDERTAKING SUPPLIED BY OTHER SOURCES, AND
SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
(B) THE COMPTROLLER GENERAL AND THE APPROPRIATE SECRETARY, OR ANY OF
THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL, UNTIL THE EXPIRATION OF
THREE YEARS AFTER COMPLETION OF THE PROJECT OR UNDERTAKING REFERRED TO
IN THE PRECEDING SUBSECTION OF THIS SECTION, HAVE ACCESS (FOR THE
PURPOSE OF AUDIT AND EXAMINATION) TO ANY BOOKS, DOCUMENTS, PAPERS, AND
RECORDS OF SUCH RECIPIENTS WHICH IN THE OPINION OF THE COMPTROLLER
GENERAL OR THE APPROPRIATE SECRETARY MAY BE RELATED OR PERTINENT TO THE
GRANTS, CONTRACTS, SUBCONTRACTS, SUBGRANTS, OR OTHER ARRANGEMENTS
REFERRED TO IN THE PRECEDING SUBSECTION.
(C) EACH RECIPIENT OF FEDERAL FINANCIAL ASSISTANCE REFERRED TO IN
SUBSECTION (A) OF THIS SECTION SHALL MAKE SUCH REPORTS AND INFORMATION
AVAILABLE TO THE INDIAN PEOPLE SERVED OR REPRESENTED BY SUCH RECIPIENT
AS AND IN A MANNER DETERMINED TO BE ADEQUATE BY THE APPROPRIATE
SECRETARY.
(D) ANY FUNDS PAID TO A FINANCIAL ASSISTANCE RECIPIENT REFERRED TO IN
SUBSECTION (A) OF THIS SECTION AND NOT EXPENDED OR USED FOR THE PURPOSES
FOR WHICH PAID SHALL BE REPAID TO THE TREASURY OF THE UNITED STATES.
PENALTIES //25 USC 450D.//
SEC. 6. WHOEVER, BEING AN OFFICER, DIRECTOR, AGENT, OR EMPLOYEE OF,
OR CONNECTED IN ANY CAPACITY WITH, ANY RECIPIENT OF A CONTRACT,
SUBCONTRACT, GRANT, OR SUBGRANT PURSUANT TO THIS ACT OR THE ACT OF APRIL
16, 1934 (48 STAT. 596), AS AMENDED, EMBEZZLES, WILLFULLY MISAPPLIES,
STEALS, OR OBTAINS BY FRAUD ANY OF THE MONEY, FUNDS, ASSETS, OR PROPERTY
WHICH ARE THE SUBJECT OF SUCH A GRANT, SUBGRANT, CONTRACT, OR
SUBCONTRACT, SHALL BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT
MORE THAN TWO YEARS, OR BOTH, BUT IF THE AMOUNT SO EMBEZZLED,
MISAPPLIED, STOLEN, OR OBTAINED BY FRAUD DOES NOT EXCEED $100, HE SHALL
BE FINED NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN ONE YEAR, OR
BOTH. //25 USC 450E.//
SEC. 7 (A) ALL LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS OF
SUBCONTRACTORS IN THE CONSTRUCTION, ALTERNATION, OR REPAIR, INCLUDING
PAINTING OR DECORATING OF BUILDINGS OR OTHER FACILITIES IN CONNECTION
WITH CONTRACTS OR GRANTS ENTERED INTO PURSUANT TO THIS ACT, SHALL BE
PAID WAGES AT NOT LESS THAN THOSE PREVAILING ON SIMILAR CONSTRUCTION IN
THE LOCALITY, AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH
THE DAVIS-BACON ACT OF MARCH 3, 1931 (46 STAT. 1494), AS AMENDED. //40
USC 276A NOTE.// WITH RESPECT TO CONSTRUCTION, ALTERNATION, OR REPAIR
WORK TO WHICH THE ACT OF MARCH 3, 1921 IS APPLICABLE UNDER THE TEDRMS OF
THIS SECTION, THE SECRETARY OF LABOR SHALL HAVE THE AUTHORITY AND
FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15 F.R.
3176; 64 STAT. 1267) AND SECTION 2 OF THE ACT OF JUNE 13, 1934 (48 STAT
948, 40 U.S.C. 276C). //5 USC APP. II.//
(B) ANY CONTRACT, SUBCONTRACT, GRANT, SUBGRANT PURSUANT TO THIS ACT,
THE ACT OF APRIL 16, 1934 (48 STAT. 596), AS AMENDED, OR ANY OTHER ACT
AUTHORIZING FEDERAL CONTRACTS WITH OR GRANTS TO INDIAN ORGANIZATIONS OR
FOR THE BENEFIT OF INDIANS, SHALL REQUIRE THAT TO THE GREATEST EXTENT
FEASIBLE--, //25 USC 452.//
(1) PREFERENCES AND OPPORTUNITIES FOR TRAINING AND EMPLOYMENT
IN CONNECTION WITH THE ADMINISTRATION OF SUCH CONTRACTS OR GRANTS
SHALL BE GIVEN TO INDIANS; AND
(2) PREFERENCE IN THE AWARD OF SUBCONTRACTS AND SUBGRANTS IN
CONNECTION WITH THE ADMINISTRATION OF SUCH CONTRACTS OR GRANTS
SHALL BE GIVEN TO INDIAN ORGANIZATIONS AND TO INDIAN-OWNED
ECONOMIC ENTERPRISES AS DEFINED IN SECTION 3 OF THE INDIAN
FINANCING ACT OF 1974 (88 STAT. 77). //25 USC 1452.//
SEC. 8. THE PROVISIONS OF ANY OTHER LAWS TO THE CONTRARY
NOTWITHSTANDINGM, ANY FUNDS APPROPRIATED PURSUANT TO THE ACT OF NOVEMBER
2, 1921 (42 STAT. 208), FOR ANY FISCAL YEAR WHICH ARE NOT OBLIGATED AND
EXPENDED PRIOR TO THE BEGINNING OF THE FISCAL YEAR SUCCEEDING THE FISCAL
YEAR FOR WHICH SUCH FUNDS WERE APPROPRIATED SHALL REMAIN AVAILABLE FOR
OBLIGATION AND EXPENDITURE DURING SUCH SUCCEEDING FISCAL YEAR. //25 USC
13A, 25 USC 13, 52A.//
SEC. 101. THIS TITLE MAY BE CITED AS THE "INDIANS SELF-DETERMINATION
ACT". //25 USC 450F NOTE.//
CONTRACTS BY THE SECRETARY OF THE INTERIOR //25 USC 450F.//
SEC. 102. (A) THE SECRETARY OF THE INTERIOR IS DIRECTED, UPON THE
REQUEST OF ANY INDIAN TRIBE, TO ENTER INTO A CONTRACT OR CONTRACTS WITH
ANY TRIBAL ORGANIZATION OF ANY SUCH INDIAN TRIBE TO PLAN, CONDUCT, AND
ADMINISTER PROGRAMS, OR PORTIONS THEREOF, PROVIDED FOR IN THE ACT OF
APRIL 16, 1934 (48 STAT. 596), AS AMENDED BY THIS ACT, ANY OTHER PROGRAM
OR PORTION THEREOF WHICH THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO
MINISTER FOR THE BENEFIT OF INDIANS UNDER THE ACT OF NOVEMBER 2, 1921
(42 STAT. 208), AND ANY ACT SUBSEQUENT THERETO: //25 USC 452, 25 USC
13, 52A.// PROVIDED, HOWEVER, THAT THE SECRETARY MAY INITIALLY DECLINE
TO ENTER INTO ANY CONTRACT REQUESTED BY AN INDIAN TRIBE IF HE FINDS
THAT: (1) THE SERVICE TO BE RENDERED TO THE INDIAN BENEFICIARIES OF THE
PARTICULAR PROGRAM OR FUNCITON TO E CONTRACTED WILL NOT BE SATISFACTORY;
(2) ADEQUATE PROTECTION OF TRUST RESOURCES IS NOT ASSURED, OR (3) THE
PROPOSED PROJECT OR FUNCTION TO BE CONTRACTED FOR CANNOT BE PROPERLY
COMPLETED OR MAINTAINED BY THE PROPOSED CONTRACT: PROVIDED FURTHER,
THAT IN ARRIVING AT HIS FINDING, THE SECRETARY SHALL CONSIDER WHETHER
THE TRIBE OR TRIBAL ORGANIZATION WOULD BE DEFICIENT IN PERFORMANCE UNDER
THE CONTRACT WITH RESPECT TO (A) EQUIPMENT, (B) BOOKKEEPING AND
ACCOUNTING PROCEDURES, (C) SUBSTANTIVE KNOWLEDGE OF THE PROGRAM TO BE
CONTNRACTED FOR, (D) COMMUNITY SUPPORT FOR THE CONTRACT, (E) ADEQUATELY
TRAINED PERSONNEL, OR (F) OTHER NECESSARY COMPONENTS OF CONTRACT
PERFORMANCE.
(B) WHENEVER THE SECRETARY DECLINES TO ENTER INTO A CONTRACT OR
CONTRACTS PURSUANT TO SUBSECTION (A) OF THIS SECTION, HE SHALL (1) STATE
HIS OBJECTIONS IN WRITING TO THE TRIBE WITHIN SIXTY DAYS, (2) PROVIDE TO
THE EXTENT PRACTICABLE ASSISTANCE TO THE TRIBE OR TRIBAL ORGANIZATION TO
OVERCOME HIS STATED OBJECTIONS, AND (3) PROVIDE THE TRIBE WITH A
HEARING, UNDER SUCH RULES AND REGULATIONS AS HE MAY PROMULGATE, AND THE
OPPORTUNITY FOR APPEAL ON THE OBJECTIONS RAISED.
(C) THE SECRETARY IS AUTHORIZED TO REQUIRE ANY TRIBE REQUESTING THAT
HE ENTER INTO A CONTRACT PURSUANT OT THE PROVISIONS OF THIS TITLE TO
OBTAIN ADEQUATE LIABILITY INSURANCE: PROVIDED, HOWEVER, THAT EACH SUCH
POLICY OF INSURANCE SHALL CONTAIN A PROVISION THAT THE INSURANCE CARRIER
SHALL WAIVE ANY RIGHT IT MAY HAVE TO RAISE AS A DEFENSE THE TRIBE'S
SOVEREIGN IMMUNITY FROM SUIT, BUT THAT SUCH WAIVER SHALL EXTEND ONLY TO
CLAIMS THE AMOUNT OF NATURE OF WHICH ARE WITHIN THE COVERAGE AND LIMITS
OF THE POLICY AND SHALL NOT AUTHORIZE OR EMPOWER SUCH INSURANCE OUTSIDE
OR BEYOND THE COVERAGE AND LIMITS OF THE POLICY OF INSURANCE.
CONTRACTS BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
//25 USC 4500//
SEC. 103. (A) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE IS
DIRECTED, UPON THE REQUEST OF ANY INDIAN TRIBE, TO ENTER INTO A CONTRACT
OR CONTRACTS WITH ANY TRIBAL ORGANIZATION OF ANY SUCH INDIAN TRIBE TO
CARRY OUT ANY OR ALL OF HIS FUNCTIONS, AUTHORITIES, AND RESPONSIBILITIES
UNDER THE ACT OF AUGUST 5, 1954 (68 STAT. 674), AS AMENDED: //42 USC
2001.// PROVIDED, HOWEVER, THAT THE SECRETARY MAY INITIALLY DECLINE TO
ENTER INTO ANY CONTRACT REQUESTED BY AN INDIAN TRIBE IF HE FINDS THAT:
(1) THE SERVICE TO BE RENDERED TO THE INDIAN BENEFICIARIES OF THE
PARTICULAR PROGRAM OR FUNC