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such basis, determine such costs for school years 1971-1972, 1972-1973, and the estimated costs for school year 1973-1974 in the respective disciplines. The study shall also indicate the extent of variation among schools within the respective disciplines in their annual per student educational costs and the key factors affecting this variation. The studies shall employ the most recent data available from the health professional schools in the country at the time of the study. (4) Such studies shall also describe national uniform standards for determining annual per student educational costs for each health professional school in future years and estimates of the cost to such schools of reporting according to these uniform standards. (5) The report shall also include recommendations concerning how the Federal Government can utilize educational cost per student data to determine the amount of capitation grants under the Public Health Service Act to each health professional school. (b)(1) The Secretary shall request the National Academy of Sciences to conduct such studies under an arrangement under which the actual expenses incurred by such Academy in conducting such studies will be paid by the Secretary. If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such studies. (2) If the National Academy of Sciences is unwilling to conduct one or more of such studies under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such studies and prepare and submit the reports thereon as provided in subsection (a)(2).

National uniform standards.!

58 Stat. 68 2. 42 USC 201 note.

REPORT

SEC. 206. The Secretary shall prepare and submit to the Congress, prior to June 30, 1974, a final report on the administration of title VII (other than parts A and G thereof) of the Public Health Service Act which shall include an estimate of increases in the number of persons entering the health professions effected under such title prior to the enactment of this Act; an estimate of such increases effected in consequence of the enactment of this Act; an estimate of the numbers of practitioners of such professions in relation to the need of the public therefor; and an appraisal of title VII (other than parts A and G thereof), as amended by this Act, to meet long-term national needs for health professionals. The Secretary shall submit to the Congress a first interim report prior to June 30, 1973, and a second interim report prior to January 31, 1974, describing his preliminary findings in the preparation of his final report.

Ante,

p. 431,

TITLE III—MISCELLANEOUS T E C H N I C A L AMENDMENTS TO P U B L I C H E A L T H SERVICE ACT

SEC. 301. (a) Subsection (f) of section 208 of the Public Health Service Act is amended by striking out "section 207(f)" and inserting in lieu thereof "subsection (g) ". (b) The second sentence of subsection (a) of section 217 of such Act is amended by striking out "Council on Alcoholic Abuse" and inserting in lieu thereof "Council on Alcohol Abuse"'. (c) The section 223 of such Act (added by section 4 of Public Law 91-623) is redesignated as section 224. (d)(1) Section 382 of such Act is amended by inserting "Se<'retary" before ", through the Library" in subsection (a) thereof; by inserting "Secretary" before "may exchange" in subsection (b) thereof; and by

58 Stat. 686; 62 Stat. 40, 4 1; 63 Stat. 834. 42 USC 210. 42 USC 2 1 8.

84 Stat. 1870. 42 USC 2 3 3. 42 USC 276.

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70 Stat. 960; 84 Stat. 66. 42 USC 277.

42 USC 280. 79 Stat. 1067; 84 Stat. 66. 42 USC 2 8 0 a - l.

84 Stat. 1349. 42 USC 295h-3d.

80 Stat. 1228. 42 USC 295h-4. 42 USC 295f, 295g.

PUBLIC LAW 92-157-NOV. 18, 1971

[85 STAT.

inserting "Secretary" before "is authorized" in subsection (c) thereof. (2)(A) Section 383 of such Act is amended by inserting "Secretary" after "The" in the last sentence of subsection (a) thereof; by inserting "Secretary" after "recommendations to the" in the first sentence of subsection (b) thereof; by inserting "Secretary" after "users, and the" in such sentence; by inserting "Secretary" after "The" in the last sentence of such subsection; and by striking out subsection (d) thereof. (3) Section 386 of such Act is amended by inserting "Secretary" after "selected by the". (4) Subsection (a) of section 388 of such Act is amended by inserting "Secretary" after "Whenever the" and by striking out "section 398" in paragraphs (2) and (3) and inserting in lieu thereof "section 397". (e) Section 794(a)(2)(D) of such Act is amended by striking out "or pursuant to part B of the title IV of the Higher Education Act of 1965" after "1958". (f) Section 795(1) of such Act is amended by inserting "and" at the end of clause (C); by striking out "and" at the end of clause (D); and by striking out clause (E). (g) Parts E and F of title VII of such Act are each amended by striking out "Surgeon General" each place it occurs and inserting in lieu thereof "Secretary". TECHNICAL AMENDMENTS TO THE CLEAN AIR ACT

84 Stat. 1707, 42 USC 1857h-5. 84 Stat. 1686. 42 USC 18S7C-8.

84 Stat. 1698. 42 USC 1857f6c.

84 Stat. 1683. 42 USC 1857C-6.

SEC. 302. (a) Section 307(a)(1) of the Clean Air Act is amended by striking out "210(c)(4) " and inserting in lieu thereof "211(c)(3)". (b) Section 113(b)(2) of such Act is amended by inserting " (A) " before "during", and by inserting ", or (B) " after "assumed enforcement". (c) Section 113(c)(1)(A) of such Act is amended by inserting " (i) " before "during" and by inserting ", or ( i i) " after "assumed enforcement". (d) Section 2 1 1 (c)(3)(A) of such Act is amended by inserting "obtaining" after "purpose of ". (e) Section 211(d) of such Act is amended by striking out "under subsection (c)," at the second place it appears and inserting in lieu thereof "under subsection (b)". (f) The first sentence of section 111(b) (1 J (B) of the Clean Air Act is amended by striking out "propose" and inserting in lieu thereof "publish proposed". T E C H N I C A L AMENDMENTS TO OTHER ACTS

68 Stat. 5 1 1. 21 USC 346a. 84 Stat. 1322. 42 USC 2676.

SEC. 303. (a) The fourth sentence of section 408(g) of the Food, Drug, and Cosmetic Act is amended by striking out ", which the Secretary shall by rules and regulations prescribe,". (b) Paragraph (c) of section 136 of the Developmental Disabilities Services and Facilities Construction Act is amended by striking out "section 134" and inserting in lieu thereof "section 135". Approved November 18, 1971.

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


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Public Law 92-158 AN ACT

To amend title VIII of the Public Health Service Act to provide for training increased numbers of nurses. Be it enacted by the Senate mid Flo use of Representatives United States of America in Congress assembled, SHORT TITLE;

SECTION

of the

November 18, 1971

[H. R. 8630]

Nurse Training Act of 1971.

REFERENCES TO ACT

1. (a) This Act may be cited as the "Nurse Training Act of

1971''. (b) Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

ss Stat. 682.

42 USC 201 note.

CONSTRUCTION GRANTS

2. (a) AUTHORIZATION LEVEL.—Section 801 (42 U.S.C. 296(a)) is amended to read as follows: SEC.

8 2 Stat. 78o.

''AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION GRANTS

"SEC. 801. There are authorized to be appropriated for grants to assist in the construction of new facilities for collegiate, associate degree, or diploma schools of nursing, and for grants to assist in the replacement or rehabilitation of existing facilities for such schools, $85,000,000 for the fiscal year ending June 30, 1972, $40,000,000 for the fiscal year ending June 30, 1973, and $45,000,000 for the fiscal year ending June 30,19^4." (b) FEDERAL SHARE.—

(1) Clause (A) of section 803(a) (42 U.S.C. 296b(a)) is amended (A) by inserting " (i) " immediately before "for a project" the first time it appears, (B) by striking out "and in the case of a grant" and inserting in lieu thereof " ( i i) ", (C) by inserting "and (iii) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment,'' immediately before "such amount", and (D) by striking out "66% per centum" and inserting in lieu thereof "75 per centum". (2) Clause (B) of such section is amended (A) by striking out "66% per centum" and inserting in lieu thereof "75 per centum" and (B) by striking out "50 per centum" and inserting in lieu thereof "67 per centum". (c) LOAN GUARANTEES.—Part A of this title VIII is amended by adding after section 808 (42 U.S.C. 296g) the following new section: u LOAN

8 2 Stat. 78 3.

G U A R A N T E E S AND INTEREST SUBSIDIES

"SEC. 809. (a) I n order to assist nonprofit private schools of nursing '

78stat. 9ii.

•

•

p

• • ^

p

•-,• •

11-1

Nonprofit private nursing

to carry out construction projects tor training facilities, the Secretary schools. may, during the period beginning July 1, 1971, and ending with the close of June 30, 1974, guarantee (in accordance with this section and subject to subsection (f)) to non-Federal lenders making loans to such schools for such construction projects payment when due of the principal of and interest on any loan for construction of such facilities if the loan was made to a school which is eligible (as determined under regulations of the Secretary) for a grant under this part to assist a construction project for such facilities. The Secretary may make commit-

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Application,

Recovery right.

Fund.

Appropriation.

PUBLIC LAW 92-158-NOV. 18, 1971

[85 STAT.

ments, on behalf of the United States, to make such loan guarantees prior to the making of such loans. No such loan guarantee (1) may, except under such special circumstances and under such conditions as are prescribed by regulations, apply to any amount which, when added to any grant for construction under this part or any other law of the United States, exceeds 90 per centum of the cost of construction of the project, or (2) may apply to more than 90 per centum of the loss of principal of and interest on the loan. "(b) I n the case of any nonprofit private school of nursing which is eligible (as determined under regulations of the Secretary) for a grant under this part to assist a construction project for training facilities, and to whom a loan has been made by a non-Federal lender to assist it in carrying out such project, the Secretary, during the period beginning July 1, 1971, and ending with the close of June 30, 1974, may, subject to subsection (f), pay to the holder of such loan (and for and on behalf of the school which received such loan) amounts sufficient to reduce by not to exceed 3 per centum per annum the net effective interest rate otherwise payable on such loan. "(c) A loan guarantee or interest subsidy payment may be made under this section only upon an application (submitted in such manner and containing such information as the Secretary may by regulations require) approved by the Secretary. The Secretary may not approve an application for a loan guarantee or interest subsidy payment unless he determines that the 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. The Secretary may not approve an application for a loan guarantee, unless he determines that the loan would not be available on reasonable terms and conditions without the guarantee under this section. " (d)(1) The United States shall be entitled to recover from any school of nursing for whom a loan guarantee was made under this section 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. "(2) To the extent permitted by paragraph (3), any terms and conditions applicable to a loan guarantee under this section may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States, "(3) Any loan guarantee made by the Secretary pursuant to this section shall be incontestable in the hands of an applicant on whose behalf such guarantee is made, and as to any person who makes or contracts to make a loan to such applicant in reliance thereon, except for fraud or misrepresentation on the part of such applicant or such other person. "(e) There is established in the Treasury a loan guarantee and interest subsidy 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 may be specified from time to time in appropriation Acts, (1) to enable him to discharge his responsibilities under guarantees issued by him under this section, and (2) for interest subsidy payments authorized by this section. There are authorized to be appropriated from time to time such amounts as

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may be necessary to provide the sums required for the fund; except that the amount appropriated for interest subsidy payments may not exceed $1,000,000 in the fiscal year ending June 30, 1972, $2,000,000 in the fiscal year ending June 30, 1973, and $4,000,000 in the fiscal year ending June 30, 1974. There shall also be deposited in the fund amounts received by the Secretary or other property or assets derived by him from his operations under this section, including any money derived from the sale of assets. If at any time the sums in the fund are insufficient to enable the Secretary to discharge his responsibilities under guarantees issued by him under this section or to make interest subsidy payments authorized by this section, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms 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, but only in such amounts as may be specified from time to time in appropriation Acts. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current aveTage market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued hereunder 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, and the purposes for which the securities may be ^^ ^*^** ^*^' issued under that Act are extended to include any purchase of such 31* use 774,. 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 subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. Sums borrowed under this subsection shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from the fund. " (f)(1) The cumulative total of the principal of the loans outstand- Limitations,, ing at any time with respect to which guarantees have been issued under this section may not exceed such limitations as may be specified in appropriation Acts. "(2) In any fiscal year no loan guarantee may be made under subsection (a) and no agreement to make interest subsidy payments may be entered into under subsection (b) if the making of such guarantee or the entering into of such agreement would cause the cumulative total of— " (A) the principal of the loans guaranteed under subsection (a) in such fiscal year, and " (B) the principal of the loans for which no guarantee has been made under subsection (a) and with respect to which an agreement to make interest subsidy payments is entered into under subsection (b) in such fiscal year, to exceed the amount of grant funds obligated under this part in such fiscal year for construction grants; except that this paragraph shall not apply if the amount of grant funds so obligated in such fiscal year equals the sums appropriated for such fiscal year under section 801. ^"'^' P' '^^^' " (g) The Secretary, with the consent of the Secretary of Housing Administrative and Urban Development, may obtain from the Department of Hous- ^^^'^'^"''^• mg and Urban Development such assistance with respect to the administration of this section as will promote efficiency and economy thereof." (d)

INTERIM FACILITIES.—

(1) Section 843(i) (42 U.S.C. 298b(i)) is amended by adding 75-432 O - 72 - 32

's Stat. 918.

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tie"^"'"'" ^^""" 78* Stat. 918.

^^7^8 Stat. 909,

PUBLIC LAW 92-158-NOV. 18, 1971

[85 STAT.

at the end the following: "For purposes of this paragraph, the term 'buildings' includes interim facilities.", ^^) Section 843 (42 U.S.C. 298b) is amended by adding at the ©ud thereof the following new paragraph: "(j) The term 'interim facilities' means teaching facilities designed to provide teaching space on a short-term (less than ten years) basis while facilities of a more permanent nature are being planned and constructed." (3) Sections 802(b)(2)(A) and 804 (42 U.S.C. 296a (b)(2) (A), 296c) are each amended by inserting "(or in the case of interim facilities, within such shorter period as the Secretary shall by regulation prescribe)" immediately after "twenty years". (e) TECHNICAL AMENDMENTS.—

(1) Section 802(a) (42 U.S.C. 296a(a)) is amended to read as follows: " (a) The Secretary may from time to time set dates (not earlier than in the fiscal year preceding the year for which a grant is sought) by which applications for grants under this part for any fiscal year must be filed." (2) Section 802(b)(3)(B) (42 U.S.C. 296a (b)) is amended to read as follows: " (B) in the case of an application for a grant to assist in the replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities of, or used by, an existing school of nursing, which facilities either are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided or are required to meet an increase in student enrollment;". (f)

Post, p. 470.

ENROLLMENT INCREASE; WAIVER.—

(1) Effective in the case of grants made after the date of enactment of this Act, section 802(b)(2)(D) (42 U.S.C. 296a (b) (2)(D)) is amended by inserting immediately before the semicolon at the end thereof the following: ", and the requirements of this clause (D) shall be in addition to the requirements of section 8Qg (g) Qf ^j^jg ^p^^ where applicable". (2) Section 802(b) (42 U.S.C._296a (b)) is amended by adding at the end thereof the following new sentence: "If a school of nursing applies for a grant in a fiscal year for a construction project to expand its training capacity and if under paragraph (2) of subsection (e) of section 806 such school is not required to meet in such fiscal year the enrollment increase prescribed by such subsection because of limitations of physical facilities, the Secretary, after consultation with the National Advisory Council on Nurse Training, may waive (in whole or in part) the enrollment increase prescribed by paragraph (2)(D) of this subsection if the application for such construction project contains or is supported by reasonable assurances satisfactory to the Secretary that the number of first-year students enrolled at such school during the first full school year after the completion of such project and for each of the next nine school years thereafter will be not less than the number of first-year students that such school would be required to enroll under section 806(e) (without regard to paragraph (2) thereof) for a grant under section 806(a). "

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PUBLIC LAW 92-158-NOV. 18, 1971

SPECIAL P R O J E C T GRANTS A N D CONTRACTS; F I N A N C I A L GRANTS

469 DISTRESS

3. (a) AUTHORIZATION LEVEL.—Section 808 (42 U.S.C. 296g) is 82 Stat. 783. amended to read as follows: "SEC. 808. For payments under grants and contracts under section 805(a) there are authorized to be appropriated $20,000,000 for the ^"ira. fiscal year ending June 30, 1972; $28,000,000 for the fiscal year ending June 30, 1973; and $35,000,000 for the fiscal year ending June 30, 1974. There are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1972, $10,000,000 for the fiscal year ending June 30, 1973, and $5,000,000 for the fiscal year ending June 30, 1974, to make grants under section 805(b), and, to the extent that sums appropriated under this sentence are not used for such grants, for grants under section 805(a)." (b) ASSISTANCE AUTHORIZED.—Effective with respect to appropriations made under section 808 of the Public Health Service Act (42 U.S.C. 296g) for fiscal years beginning after June 30, 1971, section 805 (42 U.S.C. 296d) is amended to read as follows: 8 2 Stat. 781. SEC.

"SPECIAL PROJECT GRANTS AND CONTRACTS; FINANCIAL DISTRESS GRANTS

"SEC. 805. (a) From appropriations under section 808 the Secretary may make grants to public and other non-profit private schools of nursing and other public or non-profit private agencies, organizations and institutions, and enter into contracts with any public or private agencies, organizations, or institutions, to meet the costs of special projects to— "(1) assist in— " (A) mergers between hospital training programs or between hospital training programs and academic institutions, or " (B) other cooperative arrangements among hospitals and academic institutions, leading to the establishment of nurse training programs; " (2) develop training programs, and train, for new roles, types, or levels of nursing personnel, including programs for the training of pediatric nurse practitioners or other types of nurse practitioners; " (3) develop programs for cooperative interdisciplinary training among schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the team approach to the delivery of health services; " (4) assist in increasing the supply, or improving the distribution, of adequately trained nursing personnel or to promote the full utilization of nursing skills; "(5) effect significant improvements in the curriculums of schools of nursing; "(6) research, develop, or demonstrate advances in the various fields related to education in nursing; " (7) plan, develop, or establish new programs or modifications of existing programs of nursing education; "(8) increase educational opportunities for disadvantaged students; " (9) provide continuing education for nurses; "(10) provide appropriate retraining opportunities for nurses who (after periods of professional inactivity) desire again actively to engage in the nursing profession;

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Ante, p. 469.

caT^facimus'^'" utilization. ' 42 u*sc 2 9 ^ ^ 6/

PUBLIC LAW 92-158-NOV. 18, 1971

[85 STAT.

•'(11) otherwise strengthen, improve or expand programs to train nursing jiersonnel, or "(12) help to increase the supply or improve the distribution by geographic area or by specialty group of adequately trained nursing personnel needed to meet the health needs of the Nation, including the need to increase the availability of personal health services and the need to promote preventive health care. Contracts may be entered into under this subsection without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.5). "(b) The Secretary may also make grants from appropriations under section 808 to assist public or nonprofit private schools of nursing which are in serious financial straits to meet operational costs required to maintain quality educational programs or which have special need for financial assistance to meet accreditation requirements. Any such grant may be made upon such terms and conditions as the Secretary determines to be reasonable and necessary, including requirements that the school agree (1) to disclose any financial information or data deemed by the Secretary to be necessary to determine the sources or causes of that school's financial distress, (2) to conduct a comprehensive cost analysis study in cooperation with the Secretary, and (3) to carry out appropriate operational and financial reforms on the basis of information obtained in the course of the comprehensive cost analysis study or on the basis of other relevant information. "(c) An application for a grant under subsection (b) must contain or be supported by assurances satisfactory to the Secretary that the applicant will expend in carrying out its functions as a school of nursing, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The Secretary may, after consultation with the National Advisory Council on Nurse Training, waive the requirement of the preceding sentence with respect to any school if he determines that the application of such requirement to such school would be inconsistent with the purposes of subsection (b). " ( ^) "^^^ Secretary may, with the advice of the National Advisory Council on Nurse Training, provide assistance (including assistance under this section which may be provided without regard to section ^^"^^ ^^ ^^® heads of other departments and agencies of the Government to encourage and assist in the utilization of medical facilities under their jurisdiction for nurse training programs." INSTITUTIONAL SUPPORT SEC. 4. (a) CAPITATION GRANTS.—Effective with respect to appro-

8 2 Stat. 781.

priations for fiscal years beginning after June 30, 1971, section 806 (42 U.S.C. 296e) is amended to read as follows: "CAPITATION GRANTS " SEC. 806. (a) GRANT COMPUTATION.—The Secretary shall make

annual grants to schools of nursing for the support of the education programs of such schools. The amount of the annual grant to each such school with an approved application shall be computed as follows: " (1) Each such school shall receive—

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" (A) $250 for each full-time student enrolled in such school in such year (other than a student who will graduate from such school in such year); " (B) $500 for each full-time student enrolled in such school who will graduate in such year; and " (C) $100 for each enrollment bonus student (as determined under subsection (d)) enrolled in such school in such year; and "(2) Each such school which has a training program for the training of nurse midwives, family health nurses, pediatric nurse practitioners, or similar nurse practitioners shall receive— " (A) $250 for each full-time student enrolled in such program m such year (other than a student who will complete the training provided under such program in such year); and " (B) $900 for each full-time student enrolled in such program who will complete the training provided under such program in such year. "(b) APPORTIONMENT or APPROPRIATIONS.—If the total of the grants to be made under subsection (a) for any fiscal year to schools with approved applications exceeds the amounts appropriated under subsection (i) for such grants, the amount of the grant for that fiscal year to each such school shall be an amount which bears the same ratio to the amount determined for the school for that fiscal year under subsection (a) as the total of the amounts appropriated under subsection (i) for that year bears to the amount required to make grants to each school in accordance with subsection (a). "(c)

ENROLLMENT BONUS STUDENT DEFINED.—For purposes

of

subsection (a), a full-time student enrolled for any school year in a school of nursing shall be considered to be an enrollment bonus student if— "(1) he enrolled in such school as a first-year student for a school year beginning after June 30, 1971; and " (2) the size of the class of first-year students which enrolled in such school for such school year met the applicable requirement of subsection (d)(1)(A) or (d)(2)(A), and the application of such school for a grant under this section for the fiscal year in which such school year began met the applicable requirement of subsection (d)(1)(B) or (d)(2)(B). Any student who is considered to be an enrollment bonus student for the school year for which he enrolled as a first-year student in a school shall be considered to be an enrollment bonus student for each school year thereafter for which he is enrolled in such school (other than as a student enrolled in a training program described in subsection (a)(2)). " (d) CLASS SIZE AND APPLICATION REQUIREMENTS FOR GRANTS FOR BONUS ENROLLMENT STUDENTS.—

"(1) School year 1971-1972.—If the school year for which a class enrolled as a class of first-year students in a school was the first school year beginning after June 30, 1971— " (A) the number of students who enrolled in such class for such school year must exceed the number of first-year students who enrolled in such school for the preceding school year by 5 per centum of such number or by five students, whichever is greater; and " (B) the application of such school for a grant under this section for the fiscal year ending June 30, 1972, contains or is supported by reasonable assurances that, for the first school year beginning after June 30, 1972 and for each school year

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thereafter, the number of students enrolled in such school as a class of first-year students will not be less than a number equal to the sum of— " (i) the minimum enrollment of first-year students required under subparagraph (A); and "(ii) 5 per centum of the average of the first-year enrollment of full time students in such school for the two school years having the highest such enrollment during the five school years during the period of July 1, 1966, through June 30, 1971, or ten students, whichever is greater. "(2) School years after school year 1971-1972.—If the school year for which a class enrolled as a class of first-year students in a school was any school year beginning after June 30, 1972— " (A) the number of students who enrolled in such class for such school year— " (i) if such school has not previously received a grant for bonus enrollment students, must be not less than the sum of (I) the minimum number of first-year students which such school is required pursuant to subsection (e) (or would be required pursuant to subsection (e) except for paragraph (2) thereof) to enroll for such school year, and ( II) 5 per centum of that number or 5 students, whichever is greater; or " (ii) if such school has previously qualified for a bonus enrollment grant under this section, must be not less than the sum of (I) the minimum number of students which such school was required, pursuant to paragraph (1) (B) or (2)(B) (as the case may be), to assure the Secretary would be enrolled for such school year, and ( II) 5 per centum of that number or 5 students, whichever is greater; and " (B) the application of such school for a grant under this section for the fiscal year in which such school year begins contains or is supported by reasonable assurances that, for the first school year beginning after the close of such fiscal year and for each fiscal year thereafter, the number of students enrolled in such school as a class of first year students will not be less than the minimum number of students such school was required under subparagraph (A) to enroll as first year students. "(e) MAINTENANCE REQUIREMENTS.—

or

EFFORT

AND

ENROLLMENT

INCREASE

"(1) The Secretary shall not make a grant under this section to any school in a fiscal year beginning after June 30, 1971, unless the application for such grant contains or is supported by reasonable assurances satisfactory to the Secretary— " (A) that for the first school year beginning after the close of the fiscal year in which such grant is made and for each school year thereafter during which such a grant is made the first-year enrollment of full-time students in such school will exceed the average of the first-year enrollment of such students in such school for the two school years having the highest such enrollment during the five school years during the period July 1, 1966, through June 30, 1971, by at least 5 per centum of such average first-year enrollment, or by ten students, whichever is greater; and " (B) that the applicant will expend in carrying out its function as a school of nursing, during the fiscal year for

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PUBLIC LAW 92-158-NOV. 18, 1971

which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the 3 fiscal years immediately preceding the fiscal year for which such grant is sought. The requirements of subparagraph (A) shall be in addition to the requirements of section 8 0 2 (b)(2)(D) of this Act, where applicable. "(2) The Secretary is authorized to waive (in whole or in part) the provisions of paragraph (1)(A) if he determines, after consultation with the National Advisory Council on Nurse Training, that the required increase in first-year enrollment of full-time students in a school cannot, because of limitations of physical facilities available to the school for training or because of other relevant factors, be accomplished without lowering the quality of training provided therein. "(f)

P L A N REQUIREMENT.—

"(1) I n the case of a school which has not received a grant under subsection (a) in a fiscal year beginning after June 30, 1971, an application by such school for such a grant for a fiscal year beginning after that date may not be approved by the Secretary unless the application contains or is accompanied by a plan to carry out, or establish and carry out, during the two-school year period commencing not later than the first day of the fiscal year next following the fiscal year in which the grant is made, specific projects in at least three of the following categories of projects: " (A) Projects to assist in— " (i) mergers between hospital training programs or between hospital training programs and academic institutions, or " (ii) affiliation agreements with hospitals or academic institutions; leading to the establishment of nurse training programs. " (B) Projects to train for new roles, types, or levels of nursing personnel, including programs for the training of pediatric nurse practitioners or other types of nurse practitioners, in cooperation with appropriate academic institutions or hospitals. " (C) Projects to establish cooperative intradisciplinary training among schools of nursing with a view toward establishment of interchangeable curriculum or shared use of resources. " (D) Projects to establish cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including training for the use of the team approach to the delivery of health services. " (E) Projects to assist in increasing the supply of ade{^uately trained nursing personnel or to promote the full utilization of nursing skills. " (F) Projects to effect significant improvements in the curricula of schools of nursing (including projects with a view toward the assumption of greater patient care responsibilities).

473

78 Stat. 9 0 9. 42 USC 296a„

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text:
Author:Edward Stratemeyer

As Edward Stratemeyer

 * American Boys' Life of William McKinley, 1901
 * American Boys' Life of Theodore Roosevelt, 1905
 * Colonial series, 6 books published between 1901 and 1906
 * Dave Porter series, 15 books published between 1905 and 1919
 * Lakeport series, 6 books published between 1908 and 1912
 * Mexican War series, 3 books published between 1900 and 1903
 * Old Glory series, 6 books published between 1898 and 1901 (set in the Spanish-American war)
 * Pan-American series, 6 books published between 1902 and 1911
 * Ship and Shore series, 3 books published in 1900
 * Soldiers of Fortune series, 4 books published between 1900 and 1906
 * Working Upwards series

As Arthur M. Winfield

 * Bright and Bold series
 * Putnam Hall series, 6 books published between 1901 and 1910
 * Rover Boys series, 30 books published between 1899 and 1926

As Captain Ralph Bonehill

 * Boy Hunters series, 4 books published between 1906 and 1910
 * Flag and Frontier series
 * Gun and Sled Club series
 * Three Young Ranchmen, 1901
 * The Boy Land Boomer, 1902
 * Young Sportsman's Series

As Roy Rockwood
"Roy Rockwood" was later used as a house pseudonym for several series. Those works are listed at Roy Rockwood
 * The Wizard of the Sea, 1900

title: Author:Edward Stratemeyer


text:
Page:United States Statutes at Large Volume 85.djvu/504

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PUBLIC LAW 92-158-NOV. 18, 1971

On-site inspections.

Reports to cong r e s s i o n a l committees.

" (G) Projects to provide in-service or other training and education to upgrade the skills of licensed vocational or licensed practical nurses, nursing assistants, and aides, and other paraprofessional nursing personnel. " (H) Projects to increase admissions to, and enrollment and retention in, such schools of qualified individuals who, due to socioeconomic factors, are financially or educationally disadvantaged. "(2) The Secretary may make on-site inspections of any school, or require the supplying of information or data from any school, receiving a grant under subsection (a) to determine the extent to which such school is carrying out the specific projects required to be included in the plan submitted by such school (pursuant to paragraph (1)) in connection with its application for such grant. "(3) The Secretary shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives two reports containing full and complete information as to the extent to which schools receiving grants under subsection (a) are carrying out the specific projects included in plans submitted by them pursuant to paragraph (1). The first such report shall be submitted not later than January 1, 1973, and the second such report shall be submitted not later than September 1, 1974. "(g)

82 Stat, 785, 42 USC 298c.

"Full-time students,"

p, 465,

ENROLLMENT AND GRADUATION DETERMINATIONS.—

"(1) For purposes of this part and part D, regulations of the Secretary shall include provisions relating to determination of the number of students enrolled in a school, or in a particular year-class in a school, or the number of graduates, as the case may be, on the basis of estimates or on the basis of the number of students who were enrolled in a school, or in a particular yearclass in a school, or were graduates, in an earlier year, as the case may be, or on such basis as he deems appropriate for making such determination, and shall include methods of making such determination when a school or a year-class was not in existence in <an earlier year at a school. "(2) For purposes of this part and part D, the term 'full-time students' (whether such term is used by itself or in connection with a particular year-class) means students pursuing a full-time course of study in an accredited program in a school of nursing. " (h) APPLICATIONS FOR N E W SCHOOLS.—In the case of a new school of nursing which applies for a grant under this section in the fiscal year preceding the fiscal year in which it will admit its first class, the enrollment for purposes of subsection (a) shall be the number of fulltime students which the Secretary determines, on the basis of assurances provided by the school, will be enrolled in the school, in the fiscal year after the fiscal year in which the grant is made, "(i)

Ante,

[85 STAT.

AUTHORIZATION or APPROPRIATIONS.—

"(1) There are authorized to be appropriated $78,000,000 for the fiscal year ending June 30, 1972, $82,000,000 for the fiscal year ending June 30, 1973, and $88,000,000 for the fiscal year ending June 30, 1974, for grants under this section. "(2) No funds appropriated under any provision of this Act (other than this subsection) may be used to make grants under this section." (b) START-UP GRANTS.—Part A of title VIII is amended by adding after the section 809 of such title (added by section 2(c) of this Act) the following new section:

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475

"START-UP GRANTS FOR NEW NURSE TRAINING PROGRAMS

"SEC. 810. (a) The Secretary may make grants to any public or nonprofit private entity to assist in meeting the costs of planning, developing, or initiating new programs of nurse training. In considering applications for grants under this section, the Secretary shall take into account— "(1) the number of students proposed to be enrolled in such program, and "(2) the other resources available to such program. " (b) The Secretary shall give special consideration to each application for grant assistance under this section for a new program of nurse training which contains or is reasonably supported by assurances that, because of the use that the program will make of existing facilities (including Federal medical facilities), it will be able to accelerate the date on which it will begin its teaching program. "(c) The amount of any grant under this section shall be determined by the Secretary, but in no event may any grant exceed $100,000 for any fiscal year. Payments under such grants may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. " (d) There are authorized to be appropriated to carry out this section not to exceed $4,000,000 for the fiscal year endinfr Juno 80, 1972, $8,000,000 for the fiscal year ending June 30, 1973, and $12,000,000 for the fiscal year ending June 30, 1974. Sums appropriated under this subsection shall remain available until expended."

Appropriation.

(c) TECHNICAL AMENDMENTS.—

(1) Sections 807(a) and 807(c) (42 U.S.C. 296f (a), 296f(c)) are each amended by striking out "805 or 806" and inserting in lieu thereof "805, 806, or 810". (2) Section 807(c)(1) is amended by inserting "or 810" immediately after "805". (3) Section 807(c) is amended by striking out "this part" each place it appears in paragraphs (3) and (4) and inserting in lieu thereof "those sections". (4) Section 807(c) is further amended by striking out paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

82 Stat. 782.

TRAINEESHIPS FOR ADVANCED TRAINING OF PROFESSIONAL NURSES

SEC. 5. Authorization of Appropriations for Advanced Traineeships.—Section 821(a) (42 U.S.C. 297(a)) is amended (1) by striking 78 Stat. 9i3: out "and" after "1970,", and (2) by inserting after "1971," the follow- 82 Stat. 783. °' ""^ " ' ing: "$20,000,000 for the fiscal year ending June 30, 1972, $22,000,000 for the fiscal year ending June 30, 1973, and $24,000,000 for the fiscal year ending June 30, 1974,". LOANS

SE(^ 6. (a)

LOAN CEILINGS.

(1) Effective with respect to academic years (or their equivalent as determined under regulations of the Secretary of Health, Education, and Welfare under section 823 of the Public Health Service Act (42 U.S.C. 297b) beginning after June 30, 1971, subsection (a) of such section is amended by striking out "$1,500" and inserting in lieu thereof "$2,500". (2) Section 823(a) (42 U.S.C. 297b (a)) is amended by striking out "$6,000" and inserting in lieu thereof "$10,000".

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Page:United States Statutes at Large Volume 85.djvu/506

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PUBLIC LAW 92-158-NOV. 18, 1971 (b)

sJltlTjsVf''

Shortage area,

[85 STAT.

LoAX R E P A Y M E N T AXD FORGIVEXESS.

(1) ( ^) Section 8:28(b)(8) (42 I^S.C. 297b(c)) is amended to read as follows: "(3) an amount up to 85 per centum of any such loan (plus interest thereon) shall be canceled for full-time employment as a professional nurse (including teaching in any of the fields of nurse training and service as an administrator, supervisor, or consultant in any of the fields of nursing) in any public or nonprofit private agency, institution, oi- organization (including neighborhood health centers), at the late of 15 per centum of the amount of such loan (plus interest) unpaid on the first day of such service for each of the first, second, and third complete year of such service, and 20 per centum of such amount (plus interest) for each complete fourth and fifth year of such service;". /j^) Section 823 Is amended by adding at the end thereof the

service agree-

/• H

•

i

i-

tnent.

following uew subsection: " (h)(1) I n the case of any individual— " (A) who has received a baccalaureate or associate degree in nursing (or an equivalent degree), a diploma in nursing, or a graduate degree in nursing; " (B) who obtained (A) one or more loans from a loan fund established under this part, or (B) any other educational loan for nurse training costs; and " (C) who enters into an agreement with the Secretary to serve as a nurse for a period of at least two years in an area in a State determined by the Secretary, after consultation with the appropriate State health authority (as determined by the Secretary by regulations), to have a shortage of and need for nurses; the Secretary shall make payments in accordance with paragraph (2), for and on behalf of that individual, on the principal of and interest on any loan of that individual described in subparagraph (B) of this paragraph which is outstanding on the date the individual begins the service specified in the agreement described in subparagraph (C) of this paragraph. "(2) The payments described in paragraph (1) shall be made by the Secretary as follows: " (A) Upon completion by the individual for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under paragraph (1), the Secretary shall pay 30 per centum of the principal of, and the interest on each loan of such individual described in paragraph (1)(B) which is outstanding on the date he began such practice. " (B) Upon completion by that individual of the second year of such service, the Secretary shall pay another 30 per centum of the principal of, and the interest on each such loan. " (C) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 per centum of the principal of, and the interest on each such loan. "(3) Notwithstanding the requirement of completion of practice specified in paragraph (2), the Secretary shall, on or before the due date thereof, pay any loan or loan installment which may fall due within the period of service for which the borrower may receive payments under this subsection, upon the declaration of such borrower, at such times and in such manner as the Secretary may prescribe (and supported by such other evidence as the Secretary may reasonably require), that the borrower is then engaged as described by paragraph (1) or paragraph (2)(C), and that the borrower will continue to be so engaged for the period required (in the absence of this paragraph) to entitle the borrower to have made the payments provided by this

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text:
Page:United States Statutes at Large Volume 85.djvu/507

 85

STAT.]

PUBLIC LAW 92-1 5 8 - N O V. 18, 1971

477

subsection for such period; except that not more than 85 per centum of the principal of any such loan shall be paid pursuant to this paragraph. "(4) A borrower who fails to fulfill an agreement with the Secre- Reimbursement. tary entered into under paragraph (1) or assurances provided pursuant to paragraph (2)(C) shall be liable to reimburse the Secretary for any payments made pursuant to paragraph (2)(A) or paragraph (3) in consideration of such agreement. (i) Notwithstanding the amendment made by section 6(b) of the Nurse Training Act of 1971 to this section— ^"'^' P* '•^S. " (A) any person who obtained one or more loans from a loan fund established under this part, who before the date of the enactment of the Nurse Training Act of 1971 became eligible for cancellation of all or part of such loans (including accrued interest) under this section (as in effect on the day before such date), and who on such date was not engaged in a service for which loan cancellation was authorized under this section (as so in effect), may at any time elect to receive such cancellation in accordance with this subsection (as so in effect); and " (B) in the case of any person who obtained one or more loans from a loan fund established under this part and who on such date was engaged in a service for which cancellation of all or part of such loans (including accrued interest) was authorized under this section (as so in effect), this section (as so in effect) shall continue to apply to such person for purposes of providing such loan cancellation until he terminates such service. "Nothing in this subsection shall be construed to prevent any person from entering into an agreement for loan cancellation under subsection (h) (as amended by section 6(b)(2) of the Nurse Training Act of 1971)." (2) Part r> of title VIII of such Act is amended by adding after ^^^°f" ^°'^'''^' section 829 thereof the following new section: 82 Stat. 78 s. "SEC. 830. (a) Upon application by a person who received, and is '^^ "^^ ^'^'^^' under an obligation to repay, any loan made to such person as a nursing student, the Secretary may undertake to repay (without liability to the applicant) all or any part of such loan, and any interest or portion thereof outstanding thereon, upon his determination, pursuant to regulations establishing criteria therefor, that the applicant— "(1) failed to complete the nursing studies with respect to which such loan was made; " (2) is in exceptionally needy circumstances; "(3) is from a low-income or disadvantaged family as those terms may be defined by such regulations; and "(4) has not resumed, or cannot reasonably be expected to resume, such nursing studies within two years following the date upon which the applicant terminated the studies with respect to which such loan was made." (c) AUTHORIZATION LEVEL.—Section 824 (42 U.S.C. 297c) is Jl^ll^^;^^^^' 82 Stat. 784. amended (1) by striking out "and $21,000,000" and all that follows up to, and including, the word "education", and inserting in lieu of the matter stricken the following: "$21,000,000 for the fiscal year ending June 30, 1971, $25,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, and $35,000,000 for the fiscal year ending June 30, 1974, and such sums for the fiscal year ending June 30, 1975, and each of the two succeeding fiscal years as may be necessary to enable students who have received a loan for any academic year ending before July 1, 1974, to continue or complete their education".

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Page:United States Statutes at Large Volume 85.djvu/508

 478

PUBLIC LAW 92-158-NOV. 18, 1971 (d)

Ante,p, 145.

82 Stat. 783.

82'ltatl'784.'''

TECHNICAL

[85 STAT.

AMENDMENTS.—

(]^^ SectioH 826 (42 U.S.C. 297e) is amended by striking out "1975" each place it occurs and inserting in lieu thereof "1977". (2) The first sentence of section 827(a)(1) (42 U.S.C. 297f) is amended by striking out "next four fiscal years" and inserting in lieu thereof "next six fiscal years". (3) Section 822(b)(4) (42 U.S.C. 297a(b)(4)) is amended by striking out "1971" and inserting in lieu thereof "1974". (e) EXPANSION or ELIGIBILITY FOR LOANS.—Sections 822(b)(4) and 823(b)(1) and the part of section 823(b)(2) preceding clause (A) thereof (42 U.S.C. 297a(b)(4), 2 9 7 b (b)(l), 297b(b)(2)) are each amended by striking out "full-time course of study" and inserting in lieu thereof "full-time or half-time course of study". SCHOLARSHIP GRANTS

8 2 Stat. 786.

Ante, p. 145.

SEC. 7. Effective with respect to scholarship grants made under subsection (a) of section 860 of the Public Health Service Act (42 U.S.C. 298c) foT fiscal years beginning after June 30, 1971— (1) subsection (b) of such section is amended to read as follows: "(b) The amount of the grant under subsection (a) for the fiscal year ending June 30, 1972, and for each of the next two fiscal years to each such school shall be equal to $3,000 multiplied by one-tenth of the number of full-time students of such school. For the fiscal year ending June 30, 1975, and for each of the two succeeding fiscal years, the grant under subsection (a) shall be such amount as may be necessary to enable such school to continue making payments under scholarship awards to students who initially received such awards out of grants made to the school for fiscal years ending before July 1, 1974."; ^2) subsection (c)(1) of such section is amended (A) by striking out "1970, and the next two fiscal years" in clause (A) and inserting in lieu thereof "1972, and the next two fiscal years", (B) by striking out "1972" in clause (B) and inserting in lieu thereof "1974", and (C) by striking out "1973, and each of the three" in such clause and inserting in lieu thereof "1975, and each of the two"; (3) subsection (c)(2) of such section is further amended by striking out "$1,500" and inserting in lieu thereof "$2,000"; and (4) subsection (c)(1) of such section is amended by inserting "or half-time" immediately after "full-time" each place it occurs. G R A N T S A N D CONTRACTS TO ENCOURAGE F U L L U T I L I Z A T I O N OF EDUCATIONAL T A L E N T FOR THE N U R S I N G PROFESSION

42 vie 298C-7. °

^^^^ ^•. ^ection 868 of the Public Health Service Act (together with the heading thereto) is amended to read as follows: "GRANTS

A N D CONTRACTS TO ENCOURAGE F U L L UTILIZATION EDUCATIONAL T A L E N T FOR THE N U R S I N G PROFESSION

OF

"SEC. 868. (a) To assist in meeting the need for additional professional personnel in the nursing professions, the Secretary is authorized to make grants to public or nonprofit health or educational entities or enter into contracts with such entities not to exceed $100,000 per year per contract (without regard to section 3709 of the Revised Statutes (41 U.S.C. (5)) for the purpose of—

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PUBLIC LAW 92-158-NOV. 18, 1971

479

"(1) identifying individuals with a potential for education or training in the nursing profession (including veterans of the Armed Forces of the United States with training or experience in the health field, and individuals who due to socioeconomic factors are financially or otherwise disadvantaged) and encouraging and assisting them (A) to enroll in a school of nursing which is accredited as defined in section 843(f); or (B) if they are not siltlT^VBsVaj qualified to enroll in such a school to undertake such postsecondary 42 USC 298b. education or training as may be required to qualify them to enroll in such a school; "(2) publicizing especially to licensed vocational nurses existing sources of financial aid available to persons enrolled in any such school or who are undertaking training necessary to qualify them to enroll in any such school; or "(3) establishing such programs as the Secretary determines will enhance and facilitate the enrollment, pursuit, and completion of study by individuals referred to in clause (1) in such schools. " (b) For the purposes of carrying out the provisions of this section. Appropriation. there is authorized to be appropriated $3,500,000 for the fiscal year ending June 30, 1972; $5,000,000 for the fiscal year ending June 30, 11)73; and $6,500,000 for the fiscal year ending June 30, 1974." ADVISORY C O U N C I L 1 SEC. 9. Section 841(a)(1) (42 U.S.C. 298(a)(1)) is amended(1) by striking out "sixteen members" in the first sentence and senten( inserting in lieu thereof "nineteen members": (2) by striking out "Four" in the second sentence and inserting in lieu thereof "Three of the appointed members shall be selected from full-time students enrolled in schools of nursing, four"; and (3) by adding at the end thereof the following: "The studentmembers of the Council shall be appointed for terms of one year and shall be eligible for reappointment to the Council."

78 Stat. 917,

ADVANCE F U N D I N G

SEC. 10. Part C of title VIII of the Public Health Service Act is amended by adding after section 843 the following new section: " A D V A N C E FUNDING

"SEC. 844. Any appropriation Act which appropriates funds for any fiscal year for grants, contracts, or other payments under this title may also appropriate for the next fiscal year the funds that are authorized to be appropriated for such payments for such next fiscal year; but no funds may be made available therefrom for obligation for such payments before the fiscal year for which such funds are authorized to be appropriated." P R O H I B I T I O N AGAINST D I S C R I M I N A T I O N BY SCHOOLS ON THE BASIS OF SEX

SEC. 11. Part C of title VIII of the Public Health Service Act is amended by adding at the end thereof the following new section: " P R O H I B I T I O N AGAINST D I S C R I M I N A T I O N BY SCHOOLS ON THE BASIS OF SEX

"SEC. 845, The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this title to, or for the benefit of, any school of nursing unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the

^2 USC 298.

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Page:United States Statutes at Large Volume 85.djvu/510

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PUBLIC LAW 92-159-NOV. 18, 1971

[85 STAT.

Secretary that the school will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this title with any school unless the school furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs." REPORT

Ante, p. 465.

SEC. 12. The Secretary shall prepare and submit to the Congress, prior to June 30, 1974, a final report on the administration of title VIII ^f f]^^^ Public Health Service Act which shall include an estimate of the increase in the number of persons entering the nursing profession effected under such title prior to the enactment of this Act; an estimate of such increase effected in consequence of the enactment of this Act; an estimate of the number of nurses in relation to the need of the public therefor; and an appraisal of title VIII, as amended by this Act, to meet long-term national needs for nurses. The Secretary shall submit to the Congress a first interim report prior to June 30, 1973, and a second interim report prior to January 31, 1974, describing his preliminary findings in the preparation of his final report. TECHNICAL

42 USC 296-298.

78 Stat. 9 1 7.

AMENDMENTS

SEC. 13. Parts A, B, and C (other than section 841(a) thereof) of title VIII are each amended by striking out "Surgeon General" each place it appears and inserting in lieu thereof "Secretary". Section 803 (b) (42 U.S.C. 296b (b)) is amended by striking out "Surgeon General's" and inserting in lieu thereof "Secretary's". Section 841(a) (42 U.S.C. 298 (a)) is amended by striking out "Surgeon General" and inserting in lieu thereof "Secretary (or his delegate)". Approved November 18, 1971.

Public Law 92-159 November 18, 1971 [H. R. 5060]

Airborne hunting. Prohibition, 70 Stat. 1119. 16 USC 742a note. Penalty.

Exception.

AN ACT To amend the Fish and Wildlife Act of 1956 to provide a criminal penalty for shooting at certain birds, fish, and other animals from an aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Fish and Wildlife Act of 1956 is amended by adding at the end thereof the following new section: "SEC. 13. (a) Any person who— "(1) while airborne in an aircraft shoots or attempts to shoot for the purpose of capturing or killing any bird, fish, or other animal; or "(2) uses an aircraft to harass any bird, fish, or other animal; or "(3) knowingly participates in using an aircraft for any purpose referred to in paragraph (1) or (2); shall be fined not more than $5,000 or imprisoned not more than one year, or both. "(b)(1) This section shall not apply to any person if such person is employed by, or is an authorized agent of or is operating under a

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Page:United States Statutes at Large Volume 85.djvu/511

 85 STAT. ]

PUBLIC LAW 92-159-NOV. 18, 1971

481

license or permit of, any State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and each such person so operating under a license or permit shall report to the applicable issuing authority each calendar quarter the number and type of animals so taken. "(2) In any case in which a State, or any agency thereof, issues a Report. permit referred to in paragraph (1) of this subsection, it shall file with the Secretary of the Interior an annual report containing such information as the Secretary shall prescribe, including but not limited to—• " (A) the name and address of each person to whom a permit was issued; " (B) a description of the animals authorized to be taken thereunder, the number of animals authorized to be taken, and a description of the area from which the animals are authorized to be taken; " (C) the number and type of animals taken by such person to whom a permit was issued; and " (D) the reason for issuing the permit. "(c) x\s used in this section, the term 'aircraft' means any contriv- "Aircraft." ance used for flight in the air.". SEC. 2. (a) Section 609 of the Federal Aviation Act of 1958 (49 ^^^^^'"^n'shiin U.S.C. 1429) is amended by inserting " (a) ' ' immediately after "SEC. ''^2'statT779!°"' 609." and by adding at the end thereof the following new subsection: "VIOLATION or CERTAIN KVWS

"(b) The Administrator, in his discretion, may issue an order amending, modifying, suspending, or revoking any aiiTnan certificate upon conviction of the holder of such certificate of any violation of subsection (a) of section 13 of the Fish and Wildlife Act of 1956. regarding the use or operation of an aircraft.". (b)(1) Immediately after the section heading of such section 609, insert the following:

^"'^'?• ^so.

((PROCEDURE" (2) That poiiion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading "Sec. 609. Amendment, suspension, and revocation of certification." is amended by adding the following: "(a) Procedure. "(b) Violation of certain laws.". S E C 3. The amendments made by the first section of this Act shall take effect as of the thirtieth day after the date of enactment of such section; except that, in any case in which a State is not authorized to issue any pennit referred to in the amendments made by such first section, such amendments shall take effect in any such State as of the thirtieth day after the expiration of the next regular session of the legislature of such State which begins on or after the date of enactment of this Act. Approved November 18, 1971.

Effective dates,

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text:
Author:Walter Tallmadge Arndt

Works

 * (in part, with Ralph Stockman Tarr and Newton Dennison Mereness)

title: Author:Walter Tallmadge Arndt


text:
Page:United States Statutes at Large Volume 85.djvu/512

 482

PUBLIC LAW 92-160-NOV. 18, 1971

[85 STAT.

Public Law 92-160 November 18,197 1

[H. R. 11418]

Military Construction Appropriation Act, 197 2.

^ ^

ACT

Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1972, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1972, for military construction functions administered by the Department of Defense, and for other purposes, namely: MILITARY CONSTRUCTION, ARMY

72 Stat. 1459; i4 Stat. 1224.

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized m military public works or military construction Acts, and in sections 2673 and 2676 of title 10, United States Code, $438,316,000, to remain available until expended. MILITARY CONSTRUCTION, NAVY

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $355,500,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $289,189,000, to remain available until expended. MILITARY CONSTRUCTION, DEFENSE AGENCIES

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $14,801,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation, Defense Agencies" as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate. MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

70A Stat. 120. 10 USC 2231.

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Eeserve Forces Facilities Acts, $29,000,000, to remain available until expended.

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PUBLIC LAW 92-160-NOV. 18, 1971

483

MILITARY CONSTRUCTION, A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve ]'^^%l'^^;Xf' Forces Facilities Acts, $10,600,000, to remain available until expended. 10 USC 2231. MILITARY CONSTRUCTION, ARMY RESER\^

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $33,500,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $10,900,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $6,581,000, to remain available until expended. FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $933,955,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87-554, in not to exceed the following amounts: For the Army: Construction, $55,776,000; For the Navy and Marine Corps: Construction, $135,717,000; For the Air Force: Construction, $109,045,000; For Defense agencies: Construction, $205,000; For Department of Defense: Debt payment, $158,917,000; Operation, maintenance, $474,295,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended. HOMEOWNERS ASSISTANCE F U N D, DEFENSE

For use in the Homeowners Assistance Fund established pursuant 75-432 O - 72 - 33

76 Stat. 236.

42 USC 1594a-l.

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 484

80 Stat, 1290; 83 Stat. 313,

PUBLIC LAW 92-160-NOV. 18, 1971

[85 STAT.

to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, approved November 3, 1966) (42 U.S.C. 3374(d)), $7,575,000. GENERAL PROVISIONS

Prior appropriations.

Contracts.

Construction, expedition.

Service facilities.

Motor v e h i c l e s, hire. Access roads, construction. 72 Stat, 9 0 8,

New b a s e s.

Land purchase s or easements.

Foreign projects.

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninety-second Congress. SEC. 102. None of the funds appropriated in this Act shall be expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds herein appropriated to the Department of Defense for construction shall be available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for constiuction may be used for advances to the Federal Higliway Administraticm. Department of Transportation, for the construction of access I'oads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. SEC. 107. None of the funds appropriated in this Act may be used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. SEC. 108. No part of the funds provided in this Act shall be used for {)urchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest. SEC. 109. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foieign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the ( W g r e s s that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasiple for the purpose, stating the reason therefor.

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PUBLIC LAW 92-162-NOV. 20, 1971

SEC. 110. ^ o n e of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts. This Act may be cited as the "Military Construction.\ ppropriation Act, 1972". Approved November 18, 1971.

485 Family housing, limitations.

Short title.

Public Law 92-161 AN ACT

November 18, 1971

To extend for an additional temporary period the existing suspension of duties on certain classifications of yam of silk.

[H. R. leso;

Be it enacted by the Senate and House of Representatives of the United States of Ameiica in Congress assembled, That (a) items 905.30 certain siik and 905.31 of the appendix to the Tariff Schedules of the United States Dmy suspen(19 U. S. C 1202) are each amended by striking out "11/7/71" and sion, extension. inserting in lieu thereof "11/7/73". 8 3 Stat. se. (b) The amendments made by subsection (a) shall apply with Effective date. respect to articles entered, or withdrawn from warehouse, after Xoveniber 7, 1971. Approved November 18, 1971.

Public Law 92-162 JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1972, and for other purposes. Resoh^ed by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of July 1, 1971 (Public Law 92-38), as amended, is hereby further amended (1) by striking out "November 15, 1971" in clause (c) of section 102 and inserting in lieu thereof "December 8, 1971"; and {"!) by adding at the end thereof the following new section: "SEC. lOS. Notwithstanding any other provision of this joint resolution, obligations incurred hereunder for foreign economic and military assistance and sales shall not exceed the rate provided for in authorization bills for such assistance passed during the 1st session, such assistance made available under such an authorization bill as passed by the Senate is different from that contained under such a bill as passed by the House, the rate of obligations shall be limited to the lower rate." Approved November 20, 1971.
 * .>2d Congress: Provided, That, whenever the rate of obligations for

November 20, 1971 [H. J. R e s. 946]

Continuing appropriations, 197 2. Ante, p. 390.

Limitation.

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PUBLIC LAW 92-163-NOV. 23, 1971

[85 STAT.

Public Law 92-163 November 23, 1971

[H. R, 155]

Vessels, N on-selfpropelled s p e cialty b a r g e s. 49 Stat. 442; 82 Stat. 700.

Report to Congress.

AN ACT To facilitate the transportation of cargo by barges specifically designed for carriage aboard a vessel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That SECTION 1. Section 27, Merchant Marine Act, 1920, as amended (46 U.S.C. 883), is further amended by inserting after "(c) empty barges specifically designed for carriage aboard a vessel" the words "and equipment, excluding propulsion equipment, for use with such barges", and by striking out the period at the end of said section 27 and inserting in lieu thereof a colon and the following: '•''Provided further, That upon such terms and conditions as the Secretary of the Treasury by I'egulation may prescribe, and, if the transporting vessel is of foreign registry, upon his finding, pursuant to information furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, the Secretary of the Treasury may suspend the application of this section to the transportation of merchandise between points in the United States (excluding transportation between the continental Uiiited States and noncontiguous states, districts, territories, and possessions embraced within the coastwise laws) which, while moving in the foreign trade of the United States, is transferred from a nonself-propelled barge certified by the owner or operator to be specifically designed for carriage aboard a vessel and regularly carried aboard a vessel in foreign trade to another such barge owned or leased by the same owner or operator, without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade." SEC. 2. For a period of five years following the enactment of this Act, the Secretary of the Treasury shall at the beginning of each regular session make a report to the Congress regarding activities under this Act, including but not limited to the extent to which foreign governments are extending reciprocal privileges to the vessels of the United States. Approved November 23, 1971.

Public Law 92-164 November 23, 1971 [S. 2339]

Indians. P u e b l o of L a g u n a, N, Mex. Judgment funds.

AN ACT To provide for the disposition of judgment funds on deposit to the credit of the I'neblo of Luguna in Indian Claims Commission, docket numbered 227, and for other purposes.

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the Treasury of the United States to the credit of the Pueblo of Laguna that were appropriated to pay a judgment by the Indian Claims Commission in docket numbered 227, and the interest thereon, after payment of attorney fees and expenses, may be advanced or expended or invested for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior, including the transfer to the unrestricted funds of the Pueblo of Laguna. SEC. 2. Any part of such funds that may be distributed to members of the jiueblo shall not be subject to Federal or State income tax. Approved November 23, 1971.

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487

PUBLIC LAW 92-166-NOV. 24, 1971

Public Law 92-165 AN ACT To amend the Investment Company Act of 1940, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 27(f) of the Investment Company Act of 1940, as amended (15 U.S.C. 80a-27(f)), is amended to read as follows: "(f) With respect to any periodic payment plan (other than a plan under which the amount of sales load deducted from any payment thereon does not exceed 9 per centum of such payment), the custodian bank for such plan shall mail to each certificate holder, within sixty days after the issuance of the certificate, a statement of charges to be deducted from the projected payments on the certificate and a notice of his right of withdrawal as specified in this section. The Commission may make rules specifying the method, form, and contents of the notice required by this subsection. The certificate holder may within forty-five days of the mailing of the notice specified in this subsection surrender his certificate and receive in payment thereof, in cash, the sum of (1) the value of his account, and (2) an amount, from the underwriter or depositor, equal to the difference between the gross payments made and the net amount invested. The Commission may make rules and regulations applicable to vinderwriters and depositors of companies issuing any such certificate specifying such reserve requirements as it deems necessary or appropriate in order for such underwriters and depositors to carry out the obligations to refund sales charges required by this subsection.*' Approved November 23, 1971.

November 23, 1971 [S.2216]

Investment Company Act of 1940, amendment, 84 Stat. 1424.

Public Law 92-166 AN ACT

„

^

o^, o, i

November 24, 1971

To amend section "JIOT of title TO, F n i t e d States C<Kle, to provide additional Reserve officers" Ti-aining Corps scholarships for the Army, Xavy, and Air Force, and other purposes.

Be it cntuted by the Seiiate and Uouse of Repre-^entatlces of the United States of America in Congress assembled. That section 2107 of title 10, United States Code, is amended as follows: (1) By amending the second sentence of subsection (a) to read as follows: "Not more than 20 percent of the persons appointed as cadets «)r midshipmen by the Secretary in any year may be appointed from persons in the two-year Senior Eeserve Officers' Training Corps course."' (2) By adding a second sentence to subsection (c) to read as follows: "At least 50 percent of the cadets and midshipmen appointed under this section must qualify for in-State tuition rates at their respective institutions and will receive tuition benefits at that rate." (3) By striking out "5500*' whenever it appears in subsections (d) and (f). (4) By striking out "5500" whenever it appears in subsection (h) and inserting "6500" after "Army program", "6000" after "Xavy program", and "6500" after "Air Force program". SKC. 2. This Act is effective July 1, 1971. Approved November 24, 1971.

[H. R. 4729]

R e s e r v e Offic e r s ' Training Corps. Additional scholarships, 78 Stat. 1066.

Effective date.

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[85

STAT.

Public Law 92-167 November 24, 1971 [S.1026]

Small R e c l a m a tion P r o j e c t s Act of 1956, amendmentSvi 43 USC 422k. "Project. " 80 Stat. 376. 43 USC 422b.

Limitation.

Project proposals, 70 Stat. 1045; 71 Stat. 4 9. 43 USC 422d. Loans and grants, 80 Stat. 376. 43 USC 422e.

43 USC 422j. Loan repayment, deferment.

AN ACT To amend the Small Reclamation Projects Act of 1956, a s amended.

Be it enacted by the Senate and House of Rejjresentatives of the United States of America in Congress assembled., That the Small Reclamation Projects Act of 1956 (70 Stat. 1044), as amended, is amended as follows: (1) Subsection (d) of section 2 of such Act is amended to read as follows: " (d) The term 'project' shall mean (i) any complete irrigation project, or (ii) any multiple-purpose water resource project that is authorized or is eligible for authorization under the Federal reclamation laws, or (iii) any distinct unit of a project described in clauses (i) and (ii), or (iv) any project for the drainage of irrigated lands, without regard to whether such lands are irrigated with water supplies developed pursuant to the Federal reclamation laws, or (v) any project for the rehabilitation and betterment of a project or distinct unit described in clauses (i), (ii), (iii), and (iv): Provided, That the estimated total cost of the project described in clauses (i), (ii), (iii), (iv), or (v) does not exceed $15,000,000. Nothing contained in this Act shall preclude the making of more than one loan or grant, or combined loan or grant, to an organization so long as no two such loans or grants, or combinations thereof, are for the same project, as herein defined.". (2) The first sentence of section 4(e) of such Act is amended by deleting ", whether the proposal involves furnishing supplemental irrigation water for an existing irrigation project, wiether the proposal involves rehabilitation of existing irrigation project w'orks, and whether the proposed project is primarily for irrigation". (3) Paragraph (a) of section 5 of such Act is amended by deleting "$6,500,000 or" and inserting in lieu thereof "$10,000,000 or". (4) Section 5(b)(2) of such Act is amended to read as follows: "(2) one-half the costs of acquiring lands or interests therein to serve exclusively the purposes of fish and wildlife enhancement or public recreation, plus the costs of acquiring joint use lands and interests therein properly allocable to fish and wildlife enhancement and public recreation;". (5) At the end of subsection 5(b)(5). delete the word "projects" and the semicolon, and add the following: "projects: Provided, That the cost of constructing the project as used in this subsection shall be exclusive of the cost of lands and interests in land;". (6) Subsection 5(c)(3) of such Act is amended to read as follows: "(3) in the case of any project involving an allocation to domestic, industrial, or municipal water supply, commercial power, fish and wildlife enhancement, or public recreation, interest on the unamortized balance of an appropriate portion of the loan at a rate as determined in (2) above;". (7) Section 10 of such Act is amended by deleting "$200,000,000" and inserting in lieu thereof ^'$300,000,000". ^ (8) The Small Reclamation Projects Act of 1956 is amended by adding at the end thereof a new section 13 as follows: "SEC. 13. A loan contract negotiated and executed pursuant to this Act may be amended or supplemented for the purpose of deferring repayment installments in accordance with the provisions of section 17(b) of the Reclamation Project Act of 1939, as amended (73 Stat. 584,43 U.S.C. 485b-l)." Approved November 24, 1971.

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PUBLIC LAW 92-169-NOV. 24, 1971

489

Public Law 92-168 AN ACT

November 24, 1971

To ivpeiil serrions S«502. »)023, (i02r). and S(jJ>2 at title 10, I'nitfil States <'»»ae. with respect to i»ilot r a t i n g requirements for meinbers of the Army, Navy. Marine ('on)s, and Air For c e; and to insert a new section 2ie)i<ite and Ilovse of Jiepie-se)it(ithu.'^ of the Vnlted States of America in Congress assembled. That cluiiiter 85;^ of ^rmed Forces. • 1

-•

T-

•

1

1

y^

1

•

I T

(• 11

Pilot rating re-

1 itle 10,1 lilted htates Code, is amended as tollows: quirements. (1) Section 3692 is repealed. Repeals. (2) The analysis item relating to section 8692 is repealed. ^°^ ^*^*' ^^•^* SEC. 2. Chapter 555 of title 10. United States Code, is amended as follows: (1) Section 6023 is repealed. (2) Section 6025 is repealed, (3) The analysis items relating to section 6023 and to section 6025 are repealed. SEC. 3. Chapter iS53 of title 10. United States Code, is amended as follows: (1) Section 8692 is repealed. (2) The analysis item relatingto section 8692 is repealed. SEC. 4. Chapter 101 of title 10. United States Code, is anuMided as 7OA Stat. ii9; -. n '^ 84 Stat. 306. follows: (1) A new section 2003 is inserted to read as folloMS: "§ 2003. Aeronautical rating as pilot: qualifications "To be eligible to receive an aeronantical rating as a pilot in the Aimy or Air Force or be designated as a naval aviator, a member of an armed force must successfully complete an undergraduate pilot course of instruction pres(M-ibed or approved b}' the Secretary of his military department.'' (2) An analysis item relating to section 2003 is inseited to read as follows: "2003. Aeronautical rating as pilot; qualilications." Approved November 24, 1971.

Public Law 92-169 AN ACT

November 24, 1971

To amend titles 37 and 3s, United States Code, relating to proniotion of members of the nniformed services who are in a missing status.

[H. R. 8656]

Be it enacted by the Senate and House of Heptesentatire>^ of the United States of America in Congress assembled. That section 552(a). Uniformed s e r v of title 37, United States Code, is amended by adding the following Missing status, sentence: "Xotwithstanding section 1523 of title 10 or any other pro- promotions. vision of law, the promotion of a meml)er Avliile he is in a missing yoA^st^atf^ite. status is fully effective for all purposes, even though the Seeretary concerned determines under section 556(b) of this title that the member died l>efore the promotion Avas made." SEC. 2. Section 402(a) of title 38, United States Code, is amended 8 3 stat, i44. by inserting immediately before the period at the end the following: "or as of the date of a promotion after death Avhile in a missing status". SEC. 3. For the purposes of chapter 13 of title 38, Ignited States Effective dates. Code, this Act becomes effective upon the date of enactment. For all 38 USC 4oi. other purposes this Act l>ecomes effective as of February 28, 1961. Approved November 24, 1971.

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PUBLIC LAW 92-170-NOV. 24, 1971

[85 STAT.

Public Law 92-170 November 24. 197 1

[s. J, Res. 132]

tectionr^^^ ^'^°' Extension. ?7 us^c 24^^' notes.

JOINT

RESOLUTION

Extending the duration of copyright protection in certain cases.

Re>ioIrcd by the Senate and House of Representatives of the United States of America in Congress assembled, That in any case in which the rencwal term of copyright subsisting in any work on the date of appro\al of this resohition, or the term thereof as extended by Public Law 87-668, by Public Law 89-142, by Public Law 90-141, by Public ^''^"'^' ^<^-^l^ kv Public Law 91-147, or by Public Law 91-555 (or by all or certain of said laws), would expire prior to December 31, 1972, such term is hereby continued until December 31, 1972. Approved November 24, 1971.

Public Law 92-171 November 24, 197 1 AN ACT [H. R. 6724] To amend section 20!) t a) and (1») of title.'i7. United States Code, to provide

increased snhsistence allowances for Senior Reserve Officers' Training Corps members.

OK^"'°s'^T^^'^-^ ing^co^rps. '^^"" Subsistence ^ 78'^st'IuVo70; 79 Stat. 173. '

Ante, p. 487.

78 Stat. 1065. Effective date.

He H eiuicted by the Semite ami House of Representatives of the /'>(/^^r/ States of Ameiica in Congress assembled. That section 209 of title 87, United States Code, is amended as follows: (1) By ^trikhig out "subsisteiice allowance at the rate of not less than $40 per month or more tlum $50 per month" in the first sentence of subsection (a) and inserting in place thereof "a subsistence allowance of $100 a month". (2) B}' amending subsection (b) to read as follows: "Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance in the amount provided in subsection (a) of this section. A meml)er enrolled in the Hrst two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed foj. a meml)er enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section." i^j,^,^,).. The amciuhuents made by this Act shall become effective on July 1, 1971. Approved November 24, 1971.

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PUBLIC LAW 92-174-NOV. 27, 1971

491

Public Law 92-172 AN ACT

To provide sTibsistenc*,' allowjuices for meiubers of the Marine (.'orps officer candidate programs.

November 24, 1971

[H. R. 6723]

Be It enacted by the ^'^enate ami House of Represetitatires of the United States of America hi Congress assembled, That until June 30, Marine corps 1976, except when on active duty, a member enrolled in aMarine Corps ° suhliL^enle^^^^' officer candidate program which requires a. baccalaureate degree as a allowances. prerequisite to being commissioned as a regular or reserve officer, and who is not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of title 10, United States Code, may be paid lo use 2101, a subsistence allowance at the same rate as that prescribed by section ' 209(a) of title 37, United States Code. ' ^"^«' p- ^eo. Approved November 24, 1971.

Public Law 92-173 AN ACT November 24, 1971

To amend the Consolidated Farmers Home Administration Act of 1961 to authorize insured emergency loans.

[s, 2559]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consoli- insured emerdated Farmers Home Administration Act of 1961 is amended by ^^""^ ^™ °^"^' adding at the end of subtitle C a new section as follows: \^,^^^\^l}' 7 USC 1961. "SEC. 328. Loans meeting the requirements of this subtitle and any " ' " " '""' amendatory or supplementary Act may be insured, or made to be sold and insured, in accordance with and subject to sections 308 and 309 and the last sentence of section 307 of this title: Provided, That,OL"^^QO7^^®' loans made under this section shall not be included in applying the 1929, 1927. 82 Stat. 7 7 1. i^lOO,000,000 limitation in section 309(f)(1).*' 7 USC 1929. Approved November 24, 1971.

Public Law 92-174 AN ACT

November 27, 1971

To amend riie Airport and Airway Development Act of 1970 to further clarify the intent of Congress as to priorities for airway modernization and airport developuient. and for other purposes.

[H. R. 707 2]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12(h) Airport and air(5) of the Airport and Airway Development Act of 1970 (49 U.S.C. '^prfo7itTeT 1712(h)(5)) is amended by striking out "January 1, 1972" and insert- 84 Stat. 221. ing in lieu thereof "January 1, 1973''. SEC. 2. The first sentence of section 14(d) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714(d)) is amended to read as follows: "The balance of the moneys available in the trust fund may be allocated for the necessary administrative expenses incident to the administration of programs for which funds are to be alio-

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