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Reinspections and appe al inspec tions.

63 Stat. 377.

PUBLIC LAW 90-487-AUG. 15, 1968

[82

STAT.

judgment providing such service will elfectuate any of the objectives stated in section 2 of this Act. "(c) The regulations prescribed by the Secretary under this Act shall include provisions for reinspections and appeal inspections; cancellation of certificates superseded by reinspections and appeal inspections. The Secretary may provide by regulation that samples obtained by or for employees of the Department of Agriculture for purposes of official inspection shall become the property of the United States, and such samples may be disposed of without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). " (d) Certificates issued and not canceled under this Act shall be received by all officers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. "(e) The Secretary may, under such regulations as he may prescribe, charge and collect reasonable fees to cover the estimated total cost of official inspection except when the inspection is performed by employees of an official inspection agency. The fees authorized by this paragraph shall, as nearly as practicable and after taking into consideration any proceeds from the sale of samples, cover the costs of the Department of Agriculture incident to the performance of appeal and Canadian port inspection services for which the fees are collected, including supervisory and administrative costs. Such fees, and the proceeds from the sale of samples obtained for purposes of official inspection which become the property of the United States, shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Department of Agriculture incident to providing official inspection services. "(f) Not more than one inspection agency for carrying out the provisions of this section shall be operative at one time for any one city, town, or other area, but this subsection shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on the date of enactment of this subsection. "LICENSES AND AUTHORIZATIONS

L i c e n s e s, termination and suspension.

"SEC. 8. (a) The Secretary is authorized to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official inspection agency to perform all or specified functions involved in official inspection; to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports; and to license any other competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture. No person shall perform any official inspection functions for purposes of this Act unless he holds an unsuspended and unrevoked license or authorization from the Secretary under this Act. " (b) AH classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Secretary: FWovided^ That any license shall be suspended automatically when the licensee ceases to be employed by an official inspection agency or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Act: Provided further, That subject to paragraph (c) of this section, such license shall be reinstated if the licensee is employed by an official inspection agency or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim.

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"(c) The Secretary may require such examinations and reexamina- andnation"*^' ^* tions as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Department of Agriculture, to perform any official inspection function under this Act. " (d) Persons employed by an official inspection agency and persons performing official inspection functions under contracts with the Department of Agriculture shall not, unless otherwise employed by the Federal Government, be deemed to be employees of the Federal Government of the United States. "REFUSAL OF RENEWAL, OR SUSPENSION OR REVOCATION, OF LICENSES

"SEC. 9. The Secretary may refuse to renew, or may suspend or revoke, any license issued under this Act whenever, after the licensee has been afforded an opportunity for a hearing, the Secretary shall determine that such licensee is incompetent, or has inspected grain for purposes of this Act by any standard or criteria other than as provided for in this Act, or has issued, or caused the issuance of, any false or incorrect official certificate or other official form, or has knowingly or carelessly inspected grain improperly under this Act, or has accepted any money or other consideration, directly or indirectly, for any neglect or improper performance of duty, or has used his license or allowed it to be used for any improper purpose, or has otherwise violated any provision of this Act or of the regulations prescribed or instructions issued to him by the Secretary under this Act. The Secretary may, without first affording the licensee an opportunity for a hearing, suspend any license temporarily pending final determination whenever the Secretary deems such action to be in the best interests of the official inspection system under this Act.

t

"REFUSAL OF OFFICIAL INSPECTION

"SEC. 10. (a) The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide official inspection otherwise available under this Act with respect to any grain offered for inspection, or owned, wholly or in part, by any person if he determines (1) that the individual (or in case such person is a partnership, any general partner; or in case such person is a corporation, any officer, director, or holder or ow'ner of more than 10 per centum of the voting stock; or in case such person is an unincorporated association or other business entity, any officer or director thereof) has been convicted of any violation of section 13 of this Act, or that official inspection has been refused for any of the abovespecified causes (for a period which has not expired) to such person, or any other person conducting a business with which the former was, at the time such cause existed, or is responsibly connected; and (2) that providing official inspection with respect to such grain would be inimical to the integrity of the official inspection service. "(b) For purposes of paragraph (a) of this section, a person shall be deemed to be responsibly connected with a business if he was or is a partner, officer, director, or holder or owner of 10 per centum or more of its voting stock, or an employee in a managerial or executive capac"(c) Before official inspection is refused to any person under paragraph (a), such person shall be afforded opportunity for a hearing.

Hearing.

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


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PUBLIC LAW 90-487-AUG. 15, 1968

[82 STAT.

" P R O H I B I T I O N O N CERTAIN CONFLICTS OF I N T E R E S T

Sampling functions.

"SEC. 11. No person, licensed or authorized by the Secretary to perform any oiRcial inspection function under this Act, or employed by the Secretary in otherwise carrying out any of the provisions of this Act, shall, during the term of such license, authorization, or employment, (a) be financially interested (directly or otherwise) in any business entity owning or operating any grain elevator or warehouse or engaged in the merchandising of grain, or (b) be in the employment of, or accept gratuities from, any such entity, or (c) be engaged in any other kind of activity specified by regulation of the Secretary as involving a conflict of interest: Provded, however, That the Secretary may license qualified employees of any grain elevators or warehouses to perform official sampling functions, under such conditions as the Secretary may by regulation prescribe, and the Secretary may by regulation provide such other exceptions to the restrictions of this section as he determines are consistent with the purposes of this Act. "RECORDS

Requirements.

Access ords.

"SEC. 12. (a) Every official inspection agency and every person licensed to perform any official inspection function under this Act shall maintain such samples of officially inspected grain and such other records as the Secretary may by regulation prescribe for the purpose of administration and enforcement of this Act. "(b) Every official inspection agency required to maintahi records under this section shall keep such records for a period of two years after the inspection or transaction, which is the subject of the record, occurred: Provided,, however,, That grain samples shall be required to be maintained only for such period not in excess of ninety days as the Secretary, after consultation with the grain trade and taking into account the needs and circumstances of local markets, shall prescribe; and in specific cases other records may be required by the Secretary to be maintained for not more than three years in addition to said two-year period whenever in his judgment the retention of such records for the longer period is necessary for the effective administration and enforcement of this Act. "(c) Every official inspection agency required to maintain records under this section shall permit any authorized representative of the Secretary to have access to, and to copy, such records at all reasonable times. uP R O H I B I T E D ACTS

SEC. 13. (a) No person shall— "(1) knowingly falsely make, issue, alter, forge, or counterfeit any official certificate or other official form or official inspection mark; "(2) knowingly utter, publish, or use as true any falsely made, issued, altered, forged, or counterfeited official certificate or other official form or official inspection mark, or knowingly possess, without promptly notifying the Secretary or his representative, or fail to surrender to such a representative upon demand, any falsely made, issued, altered, forged, or counterfeited official inspection certificate or other official form^ or any device for making any official inspection mark or simulation thereof, or knowingly possess any grain in a container bearing any falsely made, issued, altered, forged, or counterfeited official inspection mark without promptly giving such notice;

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PUBLIC LAW 90-487-AUG. 15, 1968

"(3) knowingly cause or attempt (whether successfully or not) to cause the issuance of a false or incorrect official certificate or other official form by any means, including but not limited to deceptive loading, handling, or sampling of grain, or submitting grain for official inspection knowing that it has been deceptively loaded, handled, or sampled, without disclosing such knowledge to the official inspection personnel before official sampling; "(4) alter any official sample of grain in any manner or, knowing that an official sample has been altered, thereafter represent it as an official sample; "(5) knowingly use any official grade designation or official inspection mark on any container of grain by means of a tag, label, or otherwise, unless the grain in such container was officially inspected on the basis of an official sample taken while the grain was being loaded into or was in such container and the grain was found to qualify for such designation or mark; "(6) knowingly make any false representation that any grain has been officially inspected, or officially inspected and found to be of a particular kind, class, quality, condition, or quantity, or that particular facts have been established with respect to grain by official inspection under this Act; "(7) improperly influence, or attempt to improperly influence, any official inspection personnel or any officer or employee of the Department of Agriculture with respect to the performance of his duties under this Act; " (8) forcibly assault, resist, oppose, impede, intimidate, or interfere with any official inspection personnel or any officer or employee of the Department of Agriculture in, or on account of, the performance of his duties under this Act; "(9) falsely represent that he is licensed or authorized to perform an official inspection function under this Act; "(10) use any false or misleading means in connection with the making or filing of an application for official inspection; or "(11) violate any provision of section 5, 6, 8, 11, or 12 of this Act. "(b) No person licensed or authorized to perform any function under this Act shall— "(1) commit any offense prohibited by subsection (a); "(2) knowingly perform improperly any official sampling or other official inspection function under this Act; "(3) knowingly execute or issue any false or incorrect official certificate or other official form; or " (4) accept money or other consideration, directly or indirectly, for any neglect or improper performance of duty. "(c) An offense shall be deemed to have been committed knowingly under this Act if it resulted from gross negligence or was committed with knowledge of the pertinent facts. a PENALTIES

"SEC. 14. (a) Any person who commits any offense prohibited by section 13 shall be guilty of a misdemeanor and shall, on conviction thereof, be subject to imprisonment for not more than six months, a fine of not more than $3,000 or both such imprisonment and fine; but if such offense is committed after one conviction of such person under this section has become final, such person shall be subject to imprison-

767

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 768

PUBLIC LAW 90-487-AUG. 15, 1968

[82

STAT.

ment for not more than one year, or a fine of not more than $5,000, or both such imprisonment and fine. " (b) Nothing in this Act shall be construed as requiring the Secretary to report minor violations of this Act for criminal prosecution whenever he believes that the public interest will be adequately served by a suitable written notice or warning. li

R E S P O N S I B I L I T Y FOR ACTS OF OTHERS

"SEC, 15. When construing and enforcing the provisions of this Act, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of his employment or office shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person. ii^

GENERAL A U T H O R I T I E S

80 Stat. 384-

"SEC. 16. The Secretary is authorized to conduct such investigations, hold such hearings, require such reports from any official inspection agency or any person, and prescribe such rules and regulations as he deems necessary to effectuate the purposes or provisions of this Act. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this Act shall be determined by tests made in accordance with such procedures as the Secretary may adopt to effectuate the objectives of this Act, if the relevant facts are determinable by such tests. Proceedings under section 9 or 10 of this Act for refusal to renew, or for suspension or revocation of, a license, or for refusal of official inspection service not required by section 5 of this Act, shall not, unless requested by the respondent, be subject to the administrative procedure provisions in sections 554, 556, and 557 of title 5, United States Code. "ENFORCEMENT PROVISIONS

Subpena power.

W i t n e s s e s, court order requiring attendance and t e s timony.

F e e s and mileage c o s t s.

"SEC. 17. (a) For the purposes of this Act, the Secretary shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person with respect to whom such authority is exercised; and the Secretary shall have power to, require by subpena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation, and may administer oaths and affirmations, examine witnesses, and receive evidence. "(b) Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing. I n case of disobedience to a subpena the Secretary may invoke the aid of any court designated in paragraph (h) of this section in requiring the attendance and testimony of witnesses and the production of documentary evidence. "(c) Any such court within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Secretary or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court EIS a contempt thereof. " (d) Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the

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PUBLIC LAW 90-487-AUG. 15, 1968

769

United States, and witnesses from whom depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. "(e) Any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in obedience to the subpena or lawful requirement of the Secretary, shall be guilty of a misdemeanor, and upon conviction thereof be subject to the penalties set forth in section 14 of this Act. Refusal to "(f) No person shall be excused from attending and testifying or testify, prohibifrom producing documentary evidence before the Secretary, or in t"n!' obedience to the subpena of the Secretary, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thin^ concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that any individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. " (g) Any officer or employee of the Department of Agriculture who information, unshall make public any information obtained under this Act by the p^enl'ity'!*^'^ osure. Department of Agriculture, without its authority, unless directed by the court, shall be guilty of a misdemeanor, and upon conviction thereof be subject to the penalties set forth in section 14 of this Act. " (h) The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories and possessions of the United States shall have jurisdiction in cases arising under this Act. " R E L A T I O N TO S T A T E A N D L O C A L L A W S; SEPARABILITY OF PROVISIONS

"SEC. 18. (a) No State or subdivision thereof may require the inspection or description in accordance with any standards of kind, class, quality, condition, or other characteristics of grain as a condition of shipment, or sale, of such grain in interstate or foreign commerce, or require any license for, or impose any other restrictions upon, the performance of any official inspection function under this Act by official inspection personnel. Otherwise nothing in this Act shall invalidate any law or other provision of any State or subdivision thereof in the absence of a conflict with this Act. "(b) If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. a APPROPRIATIONS

"SEC. 19. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act to the extent that financing is not obtained from the fees and sale of samples as provided for in section 7 of this Act."

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PUBLIC LAW 90-488-AUG. 15, 1968

[82 STAT.

EFFECTIVE DATE

Ante, pp. 763, 767

SEC. 2. This Act shall become effective one hundred and eighty days after enactment hereof, except that the repeal of the mandatory inspection provisions with respect to grain shipped or delivered for shipment in interstate commerce shall become effective thirty days after enactment hereof and the provisions of sections 6(a) and 13(a)(5) of the United States Grain Standards Act, as amended by this Act shall then become effective with respect to such grain. Approved August 15, 1968.

Public Law 90-488 August 15, 1968 ^^' ^^^"^^

AN ACT To amend the Consolidated F a r m e r s Home Administration Act of 11)61, a s amended, to provide for loans for enterprises to supplement farm income and for farm conversion to recreation, remove the annual ceiling on insured loans, increase the amount of unsold insured loans that may be m a d e out of the fund, raise the aggregate annual limits on g r a n t s, establish a flexible loan interest rate, and for other purjjoses.

\ Be It enacted by the Senate and Ilouae of Representatives of the Consolidated > United States of America In ('Ongress asnemhled^ That the ConsoliAd!^nistra°i^n dated Farmers Home Administration Act of 1961, as amended, is furAct of 1961, ther amended as follows: ^"75"stL^t"307. "^^^^ ^^^^ sentence of section 808 is amended to read as follows: 7 USC 1923. "Loans may be made or insured under this subtitle for (1) acquiring, enlarging, or improving farms, including farm buildings, land and / water development, use and conservation, (2) recreational uses and f facilities, (8) enterprises needed to supplement farm income, (4) refinancing existing indebtedness, and (5) loan closing costs." 7 USC 1924. ^ gEc. 2, Section 804 is amended by inserting " (a) " after "subtitle", i 1 and by changing the period at the end of the section to a comma and ' adding the following: "not including recreational uses and facilities, \ and (b) without regard to the requirements of sections 802(2) and 7 USC 1922. ^3)^ tQ individual farmowners or tenants to finance outdoor recreational enterprises or to convert to recreational uses their farming or \ lunching operations, including those heretofore financed under this ^ title." . 79 Stat. 931. gcc. 3. Section 806(a)(2) is amended by changing "$50,000,000" to 7 USC 1926. -$100,000,000". SEC. 4. The last sentence of section 306(a)(8) is amended by changing "1968" to "1971". SEC. 5. Section 806(a)(6) is amended by changing "$5,000,000" to J "$15,000,000". 7 USC 1928. I SEC. 6. Section 808 is amended by striking the word " I ^ a n s " from 1 the beginning of the first sentence and inserting in lieu thereof "Until I October 1, ip71, loans" and by striking the comma after the word "Secretary" and the phrase "aggregating not more than $450,000,000 in any one year,".

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PUBLIC LAW 90-489-AUG. 16, 1968

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SEC. 7. Section 809(f) is amended by changing "$50,000,000" to 7 USC 1929. "$100,000,000". SEC. 8. Section 312 is amended by (a) revising subsection (4) to 7 USC 1942. read as follows: "(4) financing land and water development, use, and conservation,"; (b) inserting new items (5) and (6) to read as follows: "(5) without regard to the requirements of section 311(2) and (3), to individual farmers or ranchers to finance outdoor recrea- 7 USC 1941. tional enterprises or to convert to recreiational uses their farming or rancihing operations, including those heretofore financed under this \ title, (6) enterprises needed to supplement farm income,"; and (c) \ by renumbering the present items " (5), (6), and (7) " to " (7), (8), \ and (9)". SEC. 9. Secition 313 is amended by changing the colon after "$35,000" ^ use 1943. jto a comma, and by striking the proviso in item (1). "" SEC. 10. Section 316 is amended by (a) striking from the first sen- ^"^r^* '^^'*^^' tence "at an interest rate not to exceed 5 per centum per annum," and (b) adding at the end of the section the following: "Loans made under this subtitle shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, \ plus not to exceed 1 per centum per annum as determined by the \ Secretary." SEC. 11. Section 331 is amended by adding a new subsection (f) at the ^ ugl^"'9'^ ^'^''^" end thereof to read as follows: " (f) Release mortgage and other contract liens if it appears that ^ they have no present or prospective value or that their enforcement likely would be ineffectual or uneconomical." . / SEC. 12. Section 333(b) of the Consolidated Farmers Home Admin- 7 USC 1983. ( istration Act of 1961 is amended by striking the word "farming". J Approved August 15, 1968; Public Law 90-489 AN ACT August 16, 1968 To amend the Public Health Service Act to provide for the establishment of a [H-R. 12843] National Eye Institute in the National Institutes of Health. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That title IV of the National Eye inPublic Health Service Act (42 U.S.C. ch. 6A, subch. I l l) is amended EsSablishraent. by adding at the end thereof the following new part: ss Stat. 707; ,,-r,

T-i

^T

PART h—JSATIONAL

T^

T

E Y E INSTITUTE

"ESTABLISHMENT OF NATIONAL EYE INSTITUTE

"SEC^ 451. The Secretary is authorized to establish in the Public Health Service an institute for the conduct and support of research for new treatment and cures and training relating to blinding eye diseases and visual disorders, including research and training in the special health problems and requirements of the blind and in the basic

^2 USC 2 8 1 -

289h.

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PUBLIC LAW 90-489-AUG. 16, 1968

[82 STAT.

and clinical sciences relating to the mechanism of the visual function and preservation of sight. The Secretary is also authorized to plan for research and training, especially against the main causes of blindness and loss of visual function. ESTABLISHMENT OF ADVISORY COUNCIL

64 Stat. 444. 42 USC 289b.

"SEC. 452. (a) The Secretary is authorized to establish an advisory council to advise, consult with, and make recommendations to him on matters relating to the activities of the National Eye Institute. "(b) The provisions relating to the composition, terms of office of members, and reappointment of members of advisory councils under section 432(a) shall be applicable to the council established under this section, except that the Secretary may include on such council established under this section such additional ex officio members as he deems necessary. "(c) Upon appointment of such council, it shall assume all or such part as the Secretary may specify of the duties, functions, and powers of the National Advisory Health Comjcil relating to the research or training projects with which such council established under this part is.concerned and such portion as the Secretary p a y specify of the duties, functions, and powers of any other advisory council established under this Act relating to such projects. ((FUNCTIONS

Research. 42 USC 241.

Training and instruction; fellowships, grants, etc.

"Institute for Neurological Diseases.*' Post, p. 1362. 42 USC 289a.

"SEC. 453. The Secretary shall, through the National Eye Institute established under this part, carry out the purposes of section 301 with respect to the conduct and support of research with respect to blinding eye diseases and visual disorders associated with general health and well-being, including the special health problems and requirements of the blind and the mechanism of sight and visual function, except that the Secretary shall determine the areas in which and the extent to which he will carry out such purposes of section 301 through such Institute or an institute established by or under other provisions of this Act, or both of them, when both such institutes have functions with respect to the same subject matter. The Secretary is also authorized to provide training and instruction and establish and maintain traineeships and fellowships, in the National Eye Institute and elsewhere in matters relating to diagnosis, prevention, and treatment of blinding eye diseases and visual disorders with such stipends and allowances (including travel and subsistence expenses) for trainees and fellows as he deems necessary, and, in addition, provide for such training, instruction, and traineeships and for such fellowships through grants to public or other nonprofit institutions." The name of the institute for neurological diseases and blindness is hereby changed to "the Institute for Neurological Diseases." Approved August 16, 1968.

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PUBLIC LAW 90-490-AUG. 16, 1968

773

Public Law 90-490 AN ACT To amend the Public Health Service Act to extend and improve the programs relating to the training of nursing and other health professions and allied health professions personnel, the program relating to student aid for such personnel, and the program relating to health research facilities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Aot may ,

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August 16, 1968 [s.309£j

Health Manpower Act of

be cited as the "Health Manpower Act oi 1958. igeg. SEC. 2. As used in the amendments made by this Act, the term "Secretary", unless the context otherwise requires, means the Secretary of Health, Education, and Welfare. TITLE I—HEALTH PROFESSIONS TRAINING PART A—CONSTRUCTION GRANTS EXTENSION OF CONSTRUCTION AUTHORIZATIONS

SEC. 101. (a) Section 720 of the Public Health Service Act (42 U.S.C. 293) is amended by inserting after and below clause (3) of the 79 Stat. io56. first sentence thereof the following new sentence: " For such grants there are also authorized to be appropriated $170,000,000 for the fiscal year ending June 30, 1970, and $225,000,000 for the next fiscal year." (b)(1) Such section 720 is further amended by striking out "Sums so appropriated shall remain available until expended." and by adding at the end of such section the following: "Sums so appropriated for any fiscal year shall remain availaJble for obligation through the close of the next fiscal year." (2) The amendments made by this subsection shall apply only with respect to appropriations for fiscal 3'ears ending after June 30, 1969, FEDERAL SHARE

SEC. 102. (a) Subsection (a)(1) of section 722 of the Public Health Service Act (42 U.S.C. 293b) is amended by striking out "such amount may not exceed 50 per centum" and inserting in lieu thereof "such amount may not, except where the Secretary determines that ususual circumstances make a larger percentage (which in no case may exceed 66% per centum) necessary in order to effectuate the purposes of this part, exceed 50 per centum". (b) The amendment made by this section shall apply in the case of projects for which grants are made from appropriations for fiscal years ending after June 30, 1969. L E N G T H A N D CHARACTER OF FEDERAL RECOVERY INTEREST I N FACILITIES

SEC. 103. (a)(1) Clause (b) of section 723 of the Public Health Service Act (42 U.S.C. 293c) is amended to read as follows: " (b) the facility shall cease to be used for the teaching purposes (and the other purposes permitted under section 722) for which it was constructed, unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so,". (2) So much of such section 723 of such Act as precedes clause (a) is amended by striking out "ten" and inserting in lieu thereof "twenty".

77 Stat. les.

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 774 77 Stat. 166.

42 USC 293293h.

PUBLIC LAW 90-490-AUG. 16, 1968

^ (3) d a u s e (A) of section 721(c)(2) of such Act (42 U.S.C. 293a) is amended to read: " (A) the facility is intended to be used for the purposes for which the application has been made,". (b) The amendments made by subsection (a)(1) and (2) shall apply in the case of facilities for which a grant has been or is in the future made under part B of title VII of the Public Health Service Act. The amendment made by subsection (a)(3) shall apply in the case of assurances given after the date of enactment of this Act under such part B. GRANTS FOR M U L T I P U R P O S E

70 Stat. 717. 42 USC 292-

29^2!."" ^^^ ^^ us^c ^°ob 280b-ii.

FACILITIES

SEC. 104. (a) Section 722 of the Public Health Service Act (42 U.S.C. 293b) is further amended by adding at the end thereof the following new subsection: " (d) In the case of a project for construction of facilities which are primarily (as determined in accordance with regulations of the Secretary) for teaching purposes and for which a grant may be made under this part, but which also are for research purposes, or research and related purposes, in the sciences related to health (within the meaning of part A of this title) or for medical library purposes (within the meaning of part I of title III), the project shall, insofar as all such purposes are involved, be regarded as a project for facilities with respect to which a grant may be made under this part." (b) The amendment made by subsection (a) shall apply in the case of projects for which grants are made under part B of title VII of the Public Health Service Act from appropriations for fiscal years ending after June 30, 1969. GRANTS FOR C O N T I N U I N G AND ADVANCED EDUCATION

77 Stat. 169. 42 USC 293d.

[82 STAT.

FACILITIES

SEC. 105. (a) Paragraph (3) of section 721(c) of the Public Health Service Act (42 U.S.C. 293a) is amended by inserting before the semicolon at the end thereof the following-: "(and, for purposes of this part, expansion or curtailment of capacity for continuing education shall also be considered expansion and curtailment, respectively, of training capacity)". (b) Subsection (d) of section 721 of such Act is amended by inserting "(other than a project for facilities for continuing education)" after "an existing school" in paragraph (1)(A) and after "a school" in paragraph (1)(B). (c) Section 724(4) of such Act is amended by inserting before the semicolon at the end thereof: ", and including advanced training related to such training provided by any such school". (d) The amendments made by this section shall apply in the case of projects for which grants are made under part B of title VII of the Public Health Service Act from appropriations for fiscal years ending after June 30, 1969, PART B—INSTITUTIONAL AND SPECIAL PROJECT GRANTS FOR TRAINING OF HEALTH PROFESSIONS PERSONNEL

79 Stat. 1052.

SEC. 111. (a) Sections 770, 771, and 772 of the Public Health Service Act (42 U.S.C. 295f, 295f-l, 295f-2) are amended to read as follows: "AUTHORIZATION FOR APPROPRIATIONS

"SEC. 770. (a) There are authorized to be appropriated $117,000,000 for the fiscal year ending June 30, 1970, and $168,000,000 for the fiscal year ending June 30, 1971, for institutional grants under section 771 and special project grants under section 772.

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775

"(b) The portion of the sums so appropriated for each fiscal year which shall be available for grants under each such section shall be determined by the Secretary unless otherwise provided in the Act or Acts appropriating such sums for such year. 'INSTITUTIONAL GRANTS

"SEC. 771. (a)(1) The sums available for grants under this sec- Distribution. tion from appropriations under section 770 for the fiscal year ending June 30, 1970, and for the next fiscal year shall be distributed to the schools of medicine, dentistry, osteopathy, pharmacy, optometry, veterinary medicine, and podiatry with approved applications as follows: Each school shall receive $25,000; and of the remainder— " (A) 75 per centum shall be distributed on the basis of— "(i) the relative enrollment of full-time Students for such year, and "(ii) the relative increase in enrollment of such students for such year over the average enrollment of such school for the five school years preceding the year for which the application is made; with the amount per full-time student so computed that a school receives twice as much for each such student in the increase as for other full-time students, and " (B) 25 per centum shall be distl^buted on the basis of the relative number of graduates for such year. In computing the increase under clause (a) (ri) of the preceding sentence for any school, there shall be excluded a number equal to the increase required by subsection (b)(1) (except in the case of a school to which the third sentence of such subsection applies). "(2) For the fiscal years ending June 30, 1970, and June 30, 1971, only, the sum computed under paragraph (1) for any school which is less than the amount such school received under this section for the fiscal year ending June 30, 1969, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the sums computed under such paragraph (1) for the remaining schools, but with such adjustments as may be necessary to prevent the sums computed for any of such remaining schools from being reduced to less than the amount it received for such fiscal year ending June 30, 1969, under this section, "(b)(1) The Secretary shall not make a grant under this section Enrollment in to any school unless the application for such grant contains or is "ent.^ requiresupported by reasonable assurances that for the first school year beginning after the fiscal year for which such grant is made and each school year thereafter during which such a grant is made the firstyear enrollment of full-time students in such school will exceed the average of the first-year enrollments of such 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, 1963, through June 30, 1968, by at least 2i/^ per centum of such average first-year enrollments, or by five students, whichever is greater. The requirements of this paragraph shall be in addition to the requirements of section 721(c)(2)(D) of this Act, where applicable. The Secretary is author- 77 Stat. lee. ized to waive (in whole or in part) the provisions of this paragraph waiver. ^'*^^ if he determines, after consultation with the National Advisory Council on Health Professions Educational Assistance, 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, be accomplished without lowering the quality of training provided therein.

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776 Limitation.

Post,

p. 779.

"Full-time students."

[82 STAT.

"(2) Notwithstanding the preceding provisions of this section, no grant under this section to any school for any fiscal year may exceed the total of the funds from non-Federal sources expended (excluding expenditures of a nonrecurring nature) by the school during the preceding year for teaching purposes (as determined in accordance with criteria prescribed by the Secretary), except that this paragraph shall not apply in the case of a school which has for such year a particular year-class which it did not have for the preceding year or in the case of Howard University. "(c)(1) For purposes of this part and part F, 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 year-class 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 determinations 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 F, 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 leading to a degree of doctor of medicine, doctor of dentistry, or an equivalent degree, doctor of osteopathy, bachelor of science in pharmacy, or doctor of pharmacy, doctor of optometry or an equivalent degree, doctor of veterinary medicine or an equivalent degree, or doctor of podijatry or an equivalent degree. u SPECIAL P R O J E C T GRANTS

79 Stat. 1053.

"SEC. 772. Grants may be made, from sums available therefore from appropriations under section 770 for the fiscal year ending June 30, 1970, and for the next fiscal year, to assist schools of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, and veterinary medicine in meeting the cost of special projects to plan, develop, or establish new programs or modifications of existing programs of education in such health professions or to effect significant improvements in curriculums of any such schools or for research in the various fields related to education in such health professions, or to develop training for new levels or types of health professions personnel, or to assist any such schools which are in serious financial straits to meet their costs of operation or which have special need for financial assistance to meet the accreditation requirements, or to assist any such schools to meet the costs of planning experimental teaching facilities or experimental design thereof, or which will otherwise strengthen, improve, or expand programs to train personnel in such health professions or help to increase the supply of adequately trained personnel in such health professions needed to meet the health needs of the Nation." (b)(1) Subsection (a) of section 773 of such Act (42 U.S.C. 295f-3 is amended by striking out "basic or special grants under section 771 or 772" and inserting in lieu thereof "grants under section 771 or 772". (2) Subsection (b)(1) of such section is amended by inserting before "or podiatry" the following: "pharmacy, veterinary medicine,". (3) Subsection (c) of such section is amended by striking out "National Advisory Council on Medical, Dental, Optometric, and Podiatric Education" and inserting in lieu thereof "National Advisory Council on Health Professions Educational Assistance". (4) Subsection (d)(2) of such section is amended by inserting "(excluding expenditures of a nonrecurring n a t u r e) " after "for such purpose".

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PUBLIC LAW 90-490-AUG. 16, 1968

(5) Subsection (e) of such section is amended to read as follows: "(e) I n determining priority of projects applications for which are filed under section T72, the Secretary shall give consideration to— "(1) the extent to which the project will increase enrollment of full-time students receiving the training for which grants are authorized under this part; "(2) the relative need of the applicant for financial assistance to maintain or provide for accreditation or to avoid curtailing enrollment or reduction in the quality of training provided; and "(3) the extent to which the pi-oject may result in curriculum improvement or improved methods of training or will help to reduce the period of required training without adversely affecting the quality thereof." (c)(1) Section 774(a) of such Act is amended by striking out "and podiatric education" and inserting in lieu thereof "podiatric, pharmaceutical, and veterinary education". (2) Such section 774(a) is further amended by striking out "twelve" and inserting in lieu thereof "fourteen", and by striking out "National Advisory Council on Medical, Dental, Optometric, and Podiatric Education" and inserting in lieu thereof "National Advisory Council on Health Professions Educational Assistance". (3) The heading of section 774 is amended to read:

777 Priorities.

79 sta^. io54^ '^^ 2 -•

"NATIONAL ADVISORY COUNCIL ON HEALTH PROFESSIONS EDUCATIONAL ASSISTANCE"

(4) Section 780(d) of such Act is amended by striking out "National Advisory Council on Medical, Dental, Optometric, and Podiatric Education" and inserting in lieu thereof "National Advisory Council on Health Professions Educational Assistance". (d) The amendments made by this section shall apply with respect to appropriations for fiscal years ending after June 30, 1969. (e) Effective only with respect to appropriations for the fiscal year ending June 30, 1969, section 772 of such Act is amended (1) by striking out subsection (c), and (2) by inserting before the period at the end of subsection (b) the following: ", or (3) to plan for special projects for which grants are authorized under this section as amended by the Health Manpower Act of 1968".

" 2 USC 295g. ^

Effective date. J^ ^*g^^- ^^^^-^

PART C — S T U D E N T A I D STUDENT LOANS

SEC. 121. (a)(1) Clauses (2) and (3) of section 740(b) of the Public Health Service Act (42 U.S.C. 294) are each amended by inserting ", except as provided in section 746," after "fund" the first time it appears therein. (2) Section 740(b)(4) of such Act is amended by striking out "1969" and inserting in lieu thereof "1971". (3) Section 741(c) of such Act (42 U.S.C. 294a) is amended by striking out "three years" the first time it appears therein and inserting in lieu thereof "one year" and by adding before the period at the end thereof "; and periods (up to five years) of advanced professional training including internships and residencies)". (4) Section 741(e) of such Act is amended to read as follows: "(e) Such loans shall bear interest, on the unpaid balance of the loan, computed only for periods for which the loan is repayable, at the rate of 3 per centum per year". (5)(A) Section 741 of such Act is further amended by adding at the end thereof the following new subsections:

77 Stat. 171. 79 Stat. 10S7.

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PUBLIC LAW 90-490-AUG. 16, 1968

Late payment, penalty.

Minimum payment.

77 Stat. 171. 42 USC 294. Appropriation. 79 Stat. 1057.

80 Stat. 1232.

[82 STAT.

"(j) Subject to regulations of the Secretary, a school may assess a charge with respect to a loan made under this part for failure of the borrower to pay all or any part of an installment when it is due and, in the case of a borrower who is entitled to deferment of the loan under subsection (c) or cancellation of part or all of the loan under subsection (f), for any failure to file timely and satisfactory evidence of such entitlement. The amount of any such charge may not exceed $1 for the first month or part of a month by which such installment or evidence is late and $2 for each such month or part of a month thereafter. The school may elect to add the amount of any such charge to the principal amount of the loan as of the first day after the day on which such installment or evidence was due, or to make the amount of the charge payable to the school not later than the due date of the next installment after receipt by the borrower of notice of the assessment of the charge. " (k) A school may provide, in accordance with regulations of the Secretary, that during the repayment period of a loan from a loan fund established pursuant to an agreement under this part payments of principal and interest by the borrower with respect to all the outstanding loans made to him from loan funds so established shall be at a rate equal to not less than $15 per month." (B) Subsection (b)(2) of section 740 of such Act is further amended by striking out "and (D) " and inserting in lieu thereof " (D) collections pursuant to section 741(j), and (E) ". (b)(1) The first sentence of subsection (a) of section 742 of such Act (42 U.S.C. 294b) is amended by striking out "and" before "$25,000,000" and by inserting before the period at the end thereof ", and $35,000,000 each for the fiscal year ending June 30, 1970, and the next fiscal year". (2) The third sentence of such subsection is amended by striking out "1970" and "1969" and inserting in lieu thereof "1972" and "1971", respectively. (3) The fourth sentence of such subsection is amended by striking out "and" before " (2) " and by inserting before the period at the end thereof ", and (3) for transfers pursuant to section 746". (c) Section 743 of such Act (42 U.S.C. 294c) is amended by striking out "1972" each place it appears therein and inserting in lieu thereof "1974". (d)(1) Section 744(a)(1) of such Act (42 U.S.C. 294d) is amended by inserting "and each of the next three fiscal years," after "1968,". (2) Section 744(c) of such Act is amended by striking out "$35,000,000" and inserting in lieu thereof "$45,000,000". (e) Part C of title VII of such Act (42 U.S.C. 294, et seq.) is further amended by adding at the end thereof the following new section: ' TRANSFER OF F U N D S TO S C H O L A R S H I P S

Post,

p. 779.

80 Stat. 1232. Effective dates.

"SEC. 746. Not to exceed 20 per centum of the amount paid to a school from the appropriations for any fiscal year for Federal capital contributions under an agreement under this part, or such larger percentage thereof as the Secretary may approve, may be transferred to the sums available to the school under part F of this title to be used for the same purpose as such sums. I n the case of any such transfer, the amount of any funds which the school deposited in its student loan fund pursuant to section 740(b)(2)(B) with respect to the amount so transferred may be withdrawn by the school from such fund." (f) The amendments made by subsections (a)(1), (b)(3), and (e) shall apply with respect to appropriations for fiscal years ending after June 30, 1969. The amendment made by subsection (a)(3) shall apply (1) with respect to all loans made under an agreement

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779

under part (C) of title VII of the Public Health Service Act after June 30, 1969, and (2) with respect to loans made thereunder before July 1, 1969, to the extent agreed to by the school which made the loans and the Secretary (but, then, only as to years beginning after June 30, 1969). The amendment made by subsection (a)(4) and (5) shall apply with respect to loans made after June 30, 1969. SCHOLARSHIPS

SEC. 122. (a) Subsection (a) of section 780 of the Public Health Service Act (42 U.S.C. 295g) is amended by striking out "or pharmacy" and inserting in lieu thereof "pharmacy, or veterinary medicine". The heading of such section is amended by striking out "OR PHARMACY" and inserting in lieu thereof "PHARMACY, OR VETERINARY

79 Stat. loss.

MEDICINE".

(b) Subsection (b) of such section is amended by inserting "and each of the next two fiscal years" after "1969," in the first sentence and by striking out "1970" and "1969" and inserting in lieu thereof "1972" and "1971", respectively, in the second sentence. (c)(1) Paragraph (1) of subsection (c) of such section is amended by inserting "and each of the next two fiscal years" after "1969" in clause (D) and by striking out "1969" and "1970" in clause (E) and inserting in lieu thereof "1971" and "1972", respectively. (2) The first sentence of paragraph (2) of such subsection (c) is amended by striking out "from low-income families who, without such financial assistance could not" and inserting in lieu thereof "of exceptional financial need who need such financial assistance to". (d) Part F of title VII of the Public Health Service Act is further amended by inserting after section 780 the following new section: «TRANSFER <

TO STUDENT LOAN

FUNDS

"SEC. 781. Not to exceed 20 per centum of the amount paid to a school from the appropriations for any fiscal year for scholarships under this part, or such larger percentage thereof as the Secretary may approve, may be transferred to the sums available to the school under part C for (and to be regarded as) Federal capital contributions, to be used for the same puipose as such sums." (e) The amendment made by subsections (a), (b), (c)(1), and (d) shall apply with respect to appropriations for fiscal years ending June 30, 1969. The amendments made by subsection (c)(2) shall apply with respect to scholarships from appropriations for fiscal ysars ending after June 30, 1969. PART D—MISCELLANEOUS

Effective dates.

-.

STUDY OF S C H O O L AID A N D STUDENT AID PROGRAMS

SEC. 131. The Secretary shall, in consultation with the Advisory ^en^ and c°ori''-^^'" Councils established by sections 725 and 774, prepare, and submit to gress. the President and the Congress prior to July 1, 1970, a report on the ^^ use 293e. administration of parts B, C, E, and F of title VII of the Public Health " ^' P- ' ^ • Service Act, an appraisal of the programs under such parts in the light /^^^ ^ogsf-ll' of their adequacy to meet the long-term needs for health professionals, ^' ^ and his recommendations as a result thereof.

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PUBLIC LAW 90-490-AUG. 16, 1968

[82 STAT.

TITLE II—NUESE TEAINING PART A—CONSTRUCTION GRANTS EXTENSION OF CONSTRUCTION AUTHORIZATION

78 Stat. 908.

SEC. 201. (a) Section 801 of the Public Health Service Act (42 XJ.S.C. 296) is amended to read as follows: "SEC. 801. (a) 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, or replacement or rehabilitation of existing facilities for such schools, $25,000,000 for the fiscal year ending June 30, 1970, and $35,000,000 for the fiscal year ending June 30, 1971. "(b) Sums appropriated pursuant to subsection (a) for a fiscal year shall remain available for obligation through the close of the next fiscal year." (b) Section 802(a) of such Act (42 U.S.C. 296a) is amended by striking out "July 1, 1968" and inserting in lieu thereof "July 1, 1970. FEDERAL SHARE

SEC. 202. Section 803(a) of the Public Health Service Act (42 U.S.C. 296b) is amended by striking out "may not exceed 50 per centum" in clause (B) and inserting m lieu thereof "may not, except where the Secretary determines that, unusual circumstances make a larger percentage (which may in no case exceed 66% per centum) necessary in order to effectuate the purposes of this part, exceed 50 per c ^ t u m ". INCLUSION OF TRUST TERRITORY

SEC. 203. Section 843(a) of the Public Health Service Act (42 U.S.C. 298b) is amended by striking out "or the Virgin Islands" and inserting in lieu thereof "the Virgin Islands, or the Trust Territory of the Pacific Islands". AMENDMENT OF DEFINITION OF COLLEGIATE SCHOOL OF NURSING

SEC. 204. Section 843(c) of the Public Health Service Act is amended by inserting before the period at the end thereof ", and including advanced training related to such program of education provided by such school". EFFECTIVE DATE

SEC. 205. The amendments made by sections 201 and 204 shall apply with respect to appropriations for fiscal years ending after June 30, 1969. '

PART B — S P E C I A L PROJECT AND INSTITUTIONAL GRANTS TO SCHOOLS OP NURSING SPECIAL P R O J E C T AND INSTITUTIONAL GRANTS

SEC. 211. Sections 805 and 806 of the Public Health Service Act (42 U.S.C. 296d, 296e) are amended to read as follows:

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Page:United States Statutes at Large Volume 82.djvu/823

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781

PUBLIC LAW 90-490-AUG. 16, 1968 "IMPROVEMENT I N NURSE

TRAINING

"SEC. 805. (a) From the sums available therefor from appropriations under section 808 for the fiscal year ending June 30, 1970, and the next fiscal year, grants may be made to assist any public or nonprofit private agency, organization, or institution to meet the cost of special projects to plan, develop, or establish new programs or modifications of existing programs of nursing education or to effect significant improvements in curriculums of schools of nursing or for research in the various fields of nursing education, or to assist schools of nursing which are in serious financial straits to meet their costs of operation or to assist schools of nursing which have special need for financial assistance to meet accreditation requirements, or to assist in otherwise strengthening, improving, or expanding programs of nursing education, or to assist any such agency, organization, or institution to meet the costs of other special projects which will help to increase the supply of adequately trained nursing personnel needed to meet the health needs of the Nation. " (b) In determining priority of projects for which applications are filed under subsection (a), the Secretary shall give priority in the following order: " (1) the relative need of the applicant (if a school of nursing) for financial assistance to continue in operation or avoid curtailing enrollment or reduction in the q^uality of training provided; "(2) the special need of the applicant for financial assistance in connection with its merger with a school of nursing; "(3) the relative need of the applicant for financial assistance to maintain or provide for accreditation as a school of nursing; and "(4) the extent to which the project will increase enrollment of full-time students receiving nursing training.
 * I N S T T T i m O J f A l i

Priorities.

GRANTS

"SEC. 806. (a) The sums available for grants under this section from appropriations under section 808 for the fiscal year ending June 30, 1970, and the next fiscal year shall be distributed to the schools with approved applications as follows: Each school shall receive $15,000; and of the remainder— " (A) 75 per centum shall be distributed on the basis of— "(i) the relative enrollment of full-time students for such year, and "(ii) the relative increase in enrollment of such students for such year over the average enrollment of such school for the five school years preceding the year for which the application is made; with the amount per full-time student so computed that a school receives twice as much for each such student in the increase as for other full-time students, and " (B) 25 per centum shall be distributed on the basis of the relative number of graduates for such year. I n computing the increase under clause (A) (ii) of the preceding sentence for any school, there shall be excluded a number equal to the increase required by subsection (b) (except in the case of a school to which the third sentence of such subsection applies). " (b) The Secretary shall not make a grant under this section to any school from any appropriation for a fiscal year ending after June 30, 1970, unless the application for such grant contains or is supported by reasonable assurances that for the first school year beginning after the fiscal year for which such grant is made and each school year thereafter

Distribution.

Enrollment increase requirement.

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Page:United States Statutes at Large Volume 82.djvu/824

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782

78 Stat. 909. 42 USC 296a. Waiver.

Post, 786.

pp. 785,

"Full-time students."

[82 STAT.

during which such a grant is made the first-year enrollment of fulltime 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 of July 1, 1963, through June 30, 1968, by at least 21^^ per centum of such average first-year enrollment, or by five students, whichever is greater. The requirements of this subsection shall be in addition to the requirements of section 8 0 2 (b)(2)(D) of this Act, where applicable. The Secretary is authorized to waive (in whole or in part) the provisions of this subsection if he determines, after consultation with the National Advisory Council on Nurse Training, that the required increase in first-year enrollment of full-time student? in a school cannot, because of limitations of physical facilities available to the school for training, be accomplished without lowering the quality of training provided therein. "(c)(1) For the 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 from a school, 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 particular year-class in a school, or were graduates from a school in earlier years, 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 m 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." CONDITIONS OF ELIGIBILITY

42 USC 296296e.

SEC. 212. Part A of title VIII of the Public Health Service Act is amended by adding at' the end thereof the following new sections: a APPLICATIONS FOR GRANTS

"SEC. 807. (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 under section 805 or 806 for any fiscal year must be filed. "(b) The Secretary shall not approve or disapprove any application for a grant under this part except after consultation with the National Advisory Council on Nurse Training. "(c) A grant under section 805 or 806 may be made only if the application therefor— " (1) is from a public or nonprofit private school of nursing, or, in the case of grants under section 805, a public or nonprofit private agency, organization, or institution; "(2) contains or is 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 are 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; " (3) contains such additional information as the Secretary may

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783

PUBLIC LAW 90-490-AUG. 16, 1968

require to make the determinations required of him under this part and such assurances as he may find necessary to carry out the purposes of this part; and "(4) provides for such fiscal control and accounting procedures and reports, and access to the records of the applicant, as the Secretary may require to assure proper disbursement of and accounting for Federal funds paid to the applicant under this part. "AUTHORIZATION FOR APPROPRIATIONS

"SEC. 808. (a) There are authorized to be appropriated $35,000,000 for the fiscal year ending June 30, 1970, and $40,000,000 for the fiscal year ending June 30, 1971, for improvement grants under section 805 and institutional grants under section 806. "(b) Of the sums appropriated under subsection (a) of this section $15,000,000 shall be available for each of the fiscal years ending June 30, 1970, and June 30, 1971, for grants under section 805." CONFORMING

CHANGE

SEC. 213. Clause (2) of section 843(f) of the Public Health Service Act (42 U.S.C. 298b) is amended to read: "(2) in the case of a school applying for a grant under section 806 for any fiscal year, prior to the beginning of the first academic year following the normal graduation date of the class which is the entering class for such fiscal year (or is the first such class in such year if there is more than one);". EFFECTIVE DATE

SEC. 214. The amendments made by the preceding provisions of this part shall apply with respect to appropriations for fiscal years ending after June 30, 1969. P L A N N I N G FOR FISCAL YEAR

1969

SEC. 215. Effective only with respect to appropriations for the fiscal year ending June 30, 1969, section 805(a) of the Public Health Service Act is amended by inserting at the end thereof the following new sentence: "Appropriations under this section shall also be available for grants for plamiing special projects for which grants are authorized under this section as amended by the Health Manpower Act of 1968."

78 Stat. 912. 42 USC 296d.

PART C — S T U D E N T A I D ADVANCED TRAINING

SEC. 221. Section 821(a) of the Public Health Service Act (42 U.S.C. 297) is amended by striking out "and" before "$12,000,000" and by inserting "$15,000,000 for the fiscal year ending June 30, 1970, and $19,000,000 for the fiscal year ending June 30, 1971," after "1969," STUDENT LOANS

SEC. 222. (a)(1) Clauses (2) and (3) of section 822(b) of the Public Health Service Act (42 U.S.C. 297a) are each amended by inserting ", except as provided in section 829," after "fund" the first time it appears therein. (2) Section 822(b)(4) of such Act is amended by striking out "1969" and inserting in lieu thereof "1971". (b)(1) Section 823(a) of such Act (42 U.S.C. 297b) is amended by striking out "$1,000" and inserting in lieu thereof "$1,500", by insert-

Appropriation.

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Page:United States Statutes at Large Volume 82.djvu/826

 784

78 Stat. 914. 42 USC 297b.

79 Stat. 1058.

L a t e payment, penalty.

Minimum payment.

42 USC 297a.

Appropriation.

PUBLIC LAW 90-490-AUG. 16, 1968

[82 STAT.

ing "to licensed practical nurses and" immediately after "preference", and by inserting after the first sentence the following new sentence: "The aggregate of the loans for all years from such funds may not exceed $6,000 in the case of any student.". (2) Section 823(b)(2) of such Act is amended by (A) striking out "one year" and inserting in lieu thereof "nine months" and (B) striking "except that" and all that follows down to but not including the semicolon and inserting in lieu thereof "excluding from such 10year period all (A) periods (up to three years) of (i) active duty performed by the borrower as a member of a uniformed service, or (ii) service as a volunteer under the Peace Corps Act, and (B) periods (up to five years) during which the borrower is pursuing a full-time course of study at a collegiate school of nursing leading to baccalaureate degree in nursing or an equivalent degree, or to graduate degree in nursing, or is otherwise pursuing advanced professional training in nursing". (3) Section 823(b)(3) of such Act is amended by inserting before the semicolon at the end thereof the following: ", except that such rate shall be 15 per centum for each complete year of service as such a nurse in a public or other nonprofit hospital in any area which is determined, in accordance with regulations of the Secretary, to be an area which has a substantial shortage of such nurses at such hospitals, and for the purpose of any cancellation at such higher rate, an amount equal to an additional 50 per centum of the total amount of such loans plus interest may be canceled". (4) Section 823(b)(5) of such Act is amended by striking out everything which follows "3 per centum per annum" down to but not including the second semicolon. (c)(1) Section 823 of such Act is further amended by adding at the end thereof the following new subsections: "(f) Subject to regulations of the Secretary, a school may assess a charge with respect to a loan from the loan fund established pursuant to an agreement under this part for failure of the borrower to pay all or any part of an installment when it is due and, in the case of a borrower who is entitled to deferment of the loan under subsection (b)(2) or cancellation of part or all of the loan under subsection (b)(3), for any failure to file timely and satisfactory evidence of such entitlement. The amount of any such charge may not exceed $1 for the first month or part of a month by which such installment or evidence is late and $2 for each such month or part of a month thereafter. The school may elect to add the amount of any such charge to the principal amount of the loan as of the first day after the day on which such installment or evidence was due, or to make the amount of the charge payable to the school not later than the due date of the next installment after receipt by the borrower of notice of the assessment of the charge. " (g) A school may provide in accordance with regulations of the Secretary, that during the repayment period of a loan from a loan fund established pursuant to an agreement under this part payments of principal and interest by the borrower with respect to all the outstanding loans made to him from loan funds so established shall be at a rate equal to not less than $15 per month." (2) Subsection (b)(2) of section 822 of such Act is further amended by striking out "and (D) " and inserting in lieu thereof " (D) collections pursuant to section 823(f), and (E) ". (d)(1) Section 824 of such Act (42 U.S.C. 297c) is amended by inserting "$20,000,000 for the fiscal year ending June 30, 1970, and $21,000,000 for the fiscal year ending June 30, 1971," after "1969," the first time it appears therein, by striking out "1970" and inserting in

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PUBLIC LAW 90-490-AUG. 16, 1968

lieu thereof "1972", and by striking out "1969," the second time it appears therein and inserting in lieu thereof "1971,". (2) The second sentence of such section is amended by inserting before the period at the end thereof ", and (3) for transfers pursuant to section 829". (e) The first two sentences of section 825 of such Act (42 U.S.C. 297d) are amended to read as follows: "From the sums appropriated pursuant to section 824 for any fiscal year, the Secretary shall allot to each school an amount which bears the same ratio to the amount so appropriated as the number of persons enrolled on a full-time basis in such school bears to the total number of persons enrolled on a full-time basis in all schools of nursing in all the States. The number of persons enrolled on a full-time basis in schools of nursing for purposes of this section shall be determined by the Secretary for the most recent year for which satisfactory data are available to him." (f) Section 826 of such Act (42 U.S.C. 297e) is amended by striking out "1972" each place it appears therein and inserting in lieu thereof "1974". (g) Section 827(a)(1) of such Act (42 U.S.C. 297f) is amended by inserting "and each of the next three fiscal years," after "1968,". (h) Part B of title VIII of such Act (42 U.S.C. 297 et seq.) is further amended by adding at the end thereof the following new section:

785

so Stat. 1235. "^^ ^^^ ^^^''• ^^ Stat. 915.

so Stat. 1233.

a.TRANSFERS TO S C H O L A R S H I P PROGRAM

"SEC. 829. Not to exceed 20 per centum of the amount paid to a school from the appropriation for any fiscal year for Federal capital contributions under an agreement under this part, or such larger percentage thereof as the Secretary may approve, may be transferred to the sums available to the school under part D to be used for the same purpose as such sums. In the case of any such transfer, the amount of any funds which the school deposited in its student loan fund pursuant to section 822(b)(2)(B) with respect to the amount so transferred may be withdrawn by the school from such fund." (i) The amendments made by subsection (b)(1) and (2) shall apply with respect to all loans made after June 30, 1969, and with respect to loans made from a student loan fund established under an agreement pursuant to section 822, before July 1, 1969, to the extent agreed to by the school which made the loans and the Secretary (but then only for years beginning after June 30, 1968). The amendments made by subsection (b)(4) and subseetion (c) shall apply with respect to loans made after June 30, 1969. The amendment made by subsection (h) shall apply with respect to appropriations for fiscal years beginning after June 30, 1969. The amendment made by subsection (b)(3) shall apply with respect to service, specified in section 823(b) (3) of such Act, performed during academic years beginning after the enactment of this Act, whether the loan was made before or after such enactment.

42 USC 297a.

Effective dates.

^"'e- P- 784.

SCHOLARSHIPS

SEC. 223. (a) So much of part D of title VIII of the Public Health Service Act (42 U.S.C. 298c et seq.) as precedes section 868 is amended to read as follows:

^° ^*^*- ^^''^•

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PUBLIC LAW 90-490-AUG. 16, 1968

[82 STAT.

"SCHOLARSHIP GRANTS
 * 'PART D—SCHOLARSHIP GRANTS TO SCHCX)I.S OF NURSING

"SEC. 860. (a) The Secretary shall make grants as provided in this part to each public or other nonprofit school of nursing for scholarships to be awarded annually by such school to students thereof. "(b) The amount of the grant under subsection (a) for the fiscal year ending June SO, 1970, and the next fiscal year to each such school shall be equal to $2,000 multiplied by one-tenth of the number of fulltime students of such school. For the fiscal year ending June 30, 1972, and for each of the three 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 prior to July 1, 1971. Recipients. " (c)(1) Scholarships may be awarded by schools from grants under subsection (a) — " (A) only to individuals who have been accepted by them for enrollment, and individuals enrolled and in good standing, as fulltime students, in the case of awards from such grants for the fiscal year ending June 30, 1970, and the next fiscal year; and " (B) only to individuals enrolled and in good standing as fulltime students who initially received scholarship awards out of such grants for a fiscal year ending prior to July 1, 1971, in the case of awards from such grants for the fiscal year ending June 30, 1972, and each of the three succeeding fiscal years. "(2) Scholarships from grants under subsection (a) for any school year shall be awarded only to students of exceptional financial need who need such financial assistance to pursue a course of study at the Amount, limita- school for such year. Any such scholarship awarded for a school year tion. shall cover such portion of the student's tuition, fees, books, equipment, and living expenses at the school making the award, but not to exceed $1,500 for any year in the case of any student, as such school may determine the student needs for such year on the basis of his requirements and financial resources. " (d) Grants under subsection (a) shall be made in accordance with r e f l a t i o n s prescribed by the Secretary after consultation with the National Advisory Council on Nurse Training. "(e) Grants under subsection (a) may be paid in advance or by ^vay of reimbursement, and at such intervals as the Secretary may find necessary; and with appropriate adjustments on account of overpayments or underpayments previously made. "TRANSFERS TO STUDENT LOAN PROGRAM

Effective date.

"SEC. 861. Not to exceed 20 per centum of the amount paid to a school from the appropriation for any fiscal year for scholarships under this part, or such larger percentage thereof as the Secretary may approve for such school for such year, may be transferred to the sums available to the school under this part for (and to be regarded as) Federal capital contributions, to be used for the same purpose as such sums." (b) The amendment made by subsection (a) shall apply with respect to appropriations for fiscal years ending after June 30, 1969.

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787

PART D—MISCELLANEOUS DEFINITION OF ACCREDITATION

SEC. 231. (a) Subsections (c) and (e) of section 843 of the Public Health Service Act (42 U.S.C. 298b) are each amended by striking out "an accredited program" and inserting in lieu thereof "a program". (b) Subsection (d) of such section is amended by striking out "an accredited two-year program" and inserting in lieu thereof "a twoyear program". (c) Such subsection (c) is further amended by adding before the period at the end thereof (and after the language added by section 205 of this Act) ", but only if such program, or such unit, college, or university is accredited". (d) Such subsection (d) is further amended by adding before the period at the end thereof ", but only if such program, or such unit, college, or university is accredited". (e) Such subsection (e) is further amended by adding before the period at the end thereof ", but only if such program, or such affiliated school or such hospital or university or such independent school is accredited". (f) So much of subsection (f) of such section as precedes clause (1) is amended— (1) by inserting ", or by a State agency," immediately after "accredited by a recognized body or bodies"; (2) by inserting "or State agency" immediately after "such a recognized body or bodies"; (3) by inserting after "Commissioner of Education" the first time it appears therein "and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Commissioner of Education"; (4) by striking out "or a program accredited for the purpose of this Act by the Commissioner of Education"; (5) by inserting ", or a hospital, school, college, or university (or a unit thereof)," immediately after "except that a program"; (6) by inserting ", or the hospital, school, college, or university (or a unit thereof)," immediately after "reasonable assurance that the program"; and (7) by striking out "by the school which provides or will provide such program". (g) Such subsection (f) is further amended by adding at the end thereof the following new sentence: "For the purpose of this paragraph, the Commissioner of Education shall publish a list of recognized accrediting bodies, and of State agencies, which he determines to be reliable authority as to the quality of training offered."

^^ ^'^*- ^'^^•

'^^ ^*^' ^^'^s-

STUDY OF SCHOOL AID A N D S T U D E N T AID PROGRAMS

SEC. 232. The Secretary shall, in consultation with the Advisory ^enrand cor'-'^^'" Council established by section 841, prepare, and submit to the Presi- gress^" dent and the Congress prior to July 1, 1970, a report on the administra- ^2 USC 298. tion of title VIII of the Public Health Service Act, an appraisal of 298c-8. the programs under such title in the light of their adequacy to meet the long-term needs for nurses, and his recommendations as a result thereof.

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PUBLIC LAW 90-490-AUG. 16, 1968

[82 STAT.

TITLE III—ALLIED HEALTH PKOFESSIONS AND PUBLIC H E A L T H TRAINING E X T E N S I O N AND IMPROVEMENT OF ALLIED H E A L T H PROFESSIONS PROGRAM Appropriations. 80 Stat. 1222.

SEC. 301. (a)(1)(A) Section 791(a)(1) of the Public Health Service Act (42 U.S.C. 295h) is amended by striking out "and $13,500,000 for the hscal year ending June 30, 1969" and inserting in lieu thereof '^$13,500,000 for the fiscal year ending June 30, 1969; and $10,000,000 for the fiscal year ending June 30, 1970". (B) Section 791(b)(1) of such Act is amended by striking out "1968" and inserting in lieu thereof "1969". (2)(A) Section 792(a) of such Act (42 U.S.C. 295h-l) is amended by striking out "and $17,000,000 for the fiscal year ending June 30, 1969" and inserting in lieu thereof "$17,000,000 for the fiscal year ending June 30, 1969; and $20,000,000 for the fiscal year ending June 30, 1970". (B) Section 792(b)(1) of such Act is amended by striking out "1969" and inserting in lieu thereof "1970". (3) Section 793(a) of such Act (42 U.S.C. 295h-2) is amended by striking out "and $3,500,000 for the fiscal year ending June 30, 1969" and inserting in lieu thereof "$3,500,000 for the fiscal year ending June 30, 1969; and $5,000,000 for the fiscal year ending June 30, 1970". (4) Section 794 of such Act (42 U.S.C. 295h-3) is amended by striking out "and $3,000,000 for the fiscal year ending June 30, 1969" and inserting in lieu thereof "$3,000,000 for the fiscal year ending June 30, 1969; and $4,500,000 for the fiscal year ending J^ne 30, 1970". (b) Such section 794 is further amended by— (1) striking out "training centers for allied health profes' sions" and inserting in lieu thereof "agencies, institutions, and organizations"; (2) inserting "and methods" after "curriculums"; and (3) striking out "new types of". (c) Part G of title VII of such Act is further amended by adding at the end thereof the following new section: a EVALUATION

"SEC. 797. Such portion of any appropriation pursuant to section 791, 792, 793, or 794, for any fiscal year ending after June 30, 1969, as the Secretary may determine, b u / not exceeding one-half of 1 per centum thereof, shall be available to the Secretary for evaluation (directly or by grants or contracts) of the programs authorized by this part." (d) Such part G is further amended by adding after section 797 (added by subsection (c)) the following new section: a STUDY Report to P r e s i dent and Congress.

"SEC. 798. The Secretary shall prepare, and submit to the President and the Congress prior to April 1, 1969, a report on the administration of this part, an appraisal of the programs under this part in the light of their adequacy to meet the needs for allied health professions personnel, and his recommendations as a result thereof." PUBLIC H E A L T H

Appropriation. 78 Stat. 6 1 3.

TRAINING

SEC. 302. (a) Section 309(a) of the Public Health Service Act (42 U.S.C. 242g) is amended by striking out "and" before "$9,000,000" and by inserting "$8,500,000 for the fiscal year ending June 30, 1970, and $12,000,000 for the fiscal year ending June 30, 1971," after 1969.

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789

(b)(1) Section 306(a) of the Public Health Service Act (42 U.S.C. 242d) is amended (1) by striking out "and" before "$10,000,000" and yg^stat^eia^^' by striking out "the succeeding fiscal year," and inserting in lieu thereof "the two succeeding fiscal years, and $14,000,000 for the fiscal year ending June 30, 1971", and (2) by inserting "sanitarians," immediately after "nurses. (2) Section 306(d) of such Act is amended by striking out "$50" „ittte'^eomp,°ns'aand inserting in lieu thereof "$100". tion. TITLE IV—HEALTH RESEARCH FACILITIES E X T E N S I O N o r CONSTRUCTION

AUTHORIZATION

SEC. 401. (a) Section 704 of the Public Health Service Act (42 U.S.C. 292c) is amended by striking out "and" after "$50,000,000"; and by inserting "$20,000,000 for the fiscal year ending June 30, 1970, and $30,000,000 for the next fiscal year," after "$280,000,000,". (b) Section 705(a) of such Act (42 U.S.C. 293) is amended by striking out "1968" and inserting in lieu thereof "1970". FEDERAL SHARE

^9 Stat. 448. 42 USC 292d.

.

SEC. 402. (a) Subsection (a) of section 706 of the Public Health Service Act (42 U^S.C. 292e) is amended by striking out "except that in no event may such amount exceed 50 per centum" and inserting in lieu thereof "but such amount may not, except as provided in paragraph (2), exceed 50 per centum". (b) Such subsection (a) of section 706 is further amended by inserting " (1) " after " (a) " and adding at the end thereof the following new paragraph: "(2) The maximum amount of any grant shall be 66% per centum instead of the maximum under paragraph (1) in the case of any class or classes of projects which the Secretary determines have such special national or regional significance as to warrant a larger grant than is permitted under paragraph (1); but not more than 25 per centum of the funds appropriated pursuant to section 704 for any fiscal year shall be available for grants in excess of 50 per centum with respect to such class or classes of projects."

^o Stat. 719.

ADVISORY C O U N C I L C O M P E N S A T I O N

SEC. 403. Section 703(d) of the Public Health Service Act (42 U.S.C. 292b) is amended by striking out "$50" and inserting in lieu thereof "$100". EFFECTIVE DATE

SEC. 404. The amendments made by section 402 shall apply in the case of projects for which grants are made from appropriations for fiscal years ending after June 30, 1969. SEC. 405. The clause of section 101(b) of the Joint Resolution of June 29, 1968 (Public Law 90-366) relating to activities of the domestic agricultural workers health program of the Department of Health, Education, and Welfare, is amended by striking out ", other than grants,". Approved August 16, 1968.

Ante,

p. 275.

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 790

PUBLIC LAW 90-491-^UG. 17, 1968

[82 STAT.

Public Law 90-491 August 17, 196f [H. R. 1093]

Armed Forces. R e s e r v e compon e n t s, reemployment rights. 62 Stat. 6 1 5.

Court enforcement. Enlistees, benefits. 75 Stat. 8 2 1.

Active duty status, rights.

R e s e r v i s t s, extended duty.

AN ACT . To amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Universal Military Training and Ser\dce Act, as amended (50 U.S.C. App. 459), is amended as follows: (1) Amend section 9(c) by adding the following paragraph immediately after paragraph (2): "(3) Any person who holds a position described in paragraph (A) or (B) of subsection (b) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of a reserve component of the Armed Forces of the United States." (2) Amend subsection 9(d) by inserting ", subsection (c)(3) " immediately following the words "subsection (c)(1)". (3) Amend section 9(g)(1) to read as follows: "Any person who, after entering the employment to which he claims restoration, enlists in the Armed Forces of the United States (other than in a reserve component) shall be entitled upon release from service under honorable conditions to all the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions of this title, if the total of his service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise performed by him after August 1, 1961, does not exceed five years, provided that the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law)." (4) Amend subsection 9(g)(2) to read as follows: "(2)(A) Any person who, after entering the employment to which he claims restoration enters upon active duty (other than for the purpose of determining his physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon his relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided by this section in the case of persons inducted under the provisions of this title, if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which he was unable to obtain orders relieving him from active duty). " (B) Any member of a Reserve component of the Armed Forces of the United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining his physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order units of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for reemployment rights under paragraph (2) (A) of this subsection extended by his period of such active duty, but not to exceed that period of active duty to which the President is authorized to order units of the Ready Reserve or members of a Reserve component: Provided, That with respect to a member who

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PUBLIC LAW 90-492-AUG. 18, 1968

791

voluntarily enters upon active duty or whose active duty is voluntarily extended the provisions of this paragraph shall apply only when such additional active duty is at the request and for the convenience of the Federal Government." SEC. 2. Section 3551 of title 5, United States Code, is amended by ^JJ,f„yees.^'^' striking out ", to be restored to the position held when ordered to so Stat. 42 9. duty." and by substituting in lieu thereof the following: "within the time limits specified in section 9(g) of the Military Selective Service Act of 1967 (50 U.S.C. A p p. 4 5 9 (g)), to be restored to the position ^"te. p. 790. held by him when ordered to duty. However, a Reserve or member of ^n^h^^o^j^-'ons the National Guard who leaves a position for which the salary is dis- '^^"'^ ^°^' '°"^' bursed by the Secretary of the Senate or the Clerk of the House of Representatives is entitled on release from active duty to be restored only under the provisions of section 459 of title 50, appendix, United States Code." Approved August 17, 1968.

Public Law 90-492 AN ACT

To clarify and otherwise amend the Poultry Products Inspection Act, to provide for cooperation with appropriate State agencies with respect to State poultry products inspection programs, and for other purposes.

August 18, 1968

L_ '.

.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That this Act may p^'J°/''^pr'^ducts be cited as the "Wholesome Poultry Products Act". Act*. SEC. 2. Section 2 of the Poultry Products Inspection Act (71 Stat. 441, as amended; 21 U.S.C. 451) is hereby amended to read: "SEC. 2. Poultry and poultry products are an important source of the Nation's total supply of food. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. I t is essential in the public interest that the health and welfare of consumers be protected by assuring that poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded poultry products impair the effective regulation of poultry products in interstate or foreign commerce, are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged poultry products, and result in sundry losses to poultry producers and processors of poultry and poultry products, as well as injury to consumers. I t is hereby found that all articles and poultry which are regulated under this Act are either in interstate or foreign commerce or substantially affect such commerce, and that regulation by the Secretary of Agriculture and cooperation by the States and other jurisdictions as contemplated by this Act are appropriate to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of consumers."

96-600 O - 69 - 53

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 792 71 Stat. 4 4 1.

Definitions.

"Adulterated.

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

SEC. O. Section 3 of said Act (21 U.S.C. 452) is hereby amended to read: "SEC. 8. I t is hereby declared to be the policy of the Congress to provide for the inspection of poultry and poultry products and otherwise regulate the processing and distribution of such articles as hereinafter prescribed to prevent the movement or sale in interstate or foreign commerce of, or the burdening of such commerce by, poultry products which are adulterated or misbranded. I t is the intent of Congress that when poultry and poultry products are condemned because of disease, the reason for condemnation in such instances shall be supported by scientific fact, information, or criteria, and such condemnation under this Act shall be achieved through uniform inspection standards and uniform applications thereof." SEC. 4. Section 4 of said Act (21 U-S.C. 453) is hereby amended to read: "SEC. 4, For purposes of this Act— " (a) The term 'commerce' means commerce between any State, any territory, or the District of Columbia, and any place outside thereof; or within any territory not organized with a legislative body, or the District of Columbia. "(b) Except as otherwise provided in this Act, the term 'State' means any State of the United States and the Commonwealth of Puerto Rico. "(c) The term 'territory' means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone. " (d) The term 'United States' means the States, the District of Columbia, and the territories of the United States. "(e) The term 'poultry* means any domesticated bird, whether live or dead. "(f) The term 'poultry product* means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Secretary from definition as a poultry product under such conditions as the Secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. " (g) The term 'adulterated' shall apply to any poultry product under one or more of the following circumstances: "(1) if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;

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