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(A) by striking out "The Commissioner, Deputy Commissioner, Assistant to the Commissioner, and agents of the Bureau of Narcotics of the Department of the Treasury, and officers" and inserting in lieu thereof "Officers"; (B) by striking out in paragraph (2) "narcotic drugs (as defined in section 4731) or marihuana (as defined in section 4761)" and inserting in lieu thereof "narcotic drugs (as defined in section 102(16) of the Controlled Substances Act) or mari- Ante, p^ 1244. huana (as defined in section 102(15) of the Controlled Substances Act) "; and (C) by striking out "BUREAU or NARCOTICS AND" in the section heading. (2) The item relating to section 7607 in the table of contents of subchapter A of chapter 78 of the Internal Revenue Code of 1954 is ^° ^'^*' ^^''* amended by striking out "Bureau of Narcotics and". (h) Section 7609(a) of the Internal Revenue Code of 1954 (relat- ^2 Stat. 1430,. ing to cross references) is amended by striking out paragraphs (3) and (4). (i) Section 7641 of the Internal Revenue Code of 1954 (relating to je^usc 764?.' supervision of operations of certain manufacturers) is amended by striking out "opium suitable for smoking purposes,". (j) Section 7651 of the Internal Revenue Code of 1954 (relating to administration and collection of taxes in possessions) is amended by striking out "and in sections 4705(b), 4735, and 4762 (relating to taxes on narcotic drugs and marihuana)". (k) Section 7655(a) of the Internal Revenue Code of 1954 (relating to cross references) is amended by striking out paragraphs (3) and (4). (1) Section 2901(a) of title 28 of the United States Code is so Stat. uas. amended by striking out "as defined by section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined by section 102(16) of the Controlled Substances Act". (m) The last sentence of the second paragraph of section 584 of the Act of June 17, 1930 (19 U.S.C. 1584), is amended to read as fol- H Stat. 722; lows: "As used in this paragraph, the terms 'opiate' and 'marihuana" shall have the same meaning given those terms by sections 102(17) and 102(15), respectively, of the Controlled Substances Act." (n)(1) The first section of the Act of August 7, 1939 (31 U.S.C. ^^P^^^' 529a), is repealed. " Stat. 1262. (2) Section 3 of such Act (31 U.S.C. 529d) is amended by striking out "or the Commissioner of Narcotics, as the case may be,". (3) Section 4 of such Act (31 U.S.C. 529e) is amended by striking out "or narcotics" each place it appears. (4) Section 5 of such Act (31 U.S.C. 529f) is amended by striking out "or narcotics" in the first sentence. (o) Section 308(c)(2) of the Act of August 27, 1935 (40 U.S.C. 304m) is amended by striking out "Narcotic Drug Import and Ex- '*^ s*^** ^so. port Act" and inserting in lieu thereof "Controlled Substances Act". (p) Paragraph (a) of section 301 of the Narcotic Addict Rehabilitation Act of 1966 (42 U.S.C. 3411) is amended by striking out "as so Stat. i444. defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102(16) of the Controlled Substances Act". (q) Paragraph (a) of the first section of the Act of July 15, 1954 (46 U.S.C. 239a) is amended to read as follows: es Stat. 484. " (a) The term 'narcotic drug' shall have the meaning given that ^"Narcotic term by section 102(16) of the Controlled Substances Act and shall "'^" also include marihuana as defined by section 102(15) of such Act."

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(r) Paragraph (d) of section 7 of the Act of August 9, 1939 (49 53 Stat. 1292. U.S.C. 787) is amended to read as follows: "Narcotic " (d) The term 'narcotic drug' shall have the meaning given that drug." term by section 102(16) of the Controlled Substances Act and shall Ante, p. 1244. also include marihuana as defined by section 102(15) of such Act;" 80 Stat. 1442. (s) Paragraph (a) of section 4251 of title 18, United States Code, is amended by striking out "as defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102(16) of the Controlled Substances Act". Investigations, (t) The first section of the Act of August 11, 1955 (21 U.S.C. 198a), s u b p e n a power. is amended to read as follows: "That for the purpose of any investiga69 Stat. 684. tion which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 of the 62 Stat. 716. United States Code (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 102 of the Controlled Substances Act), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents, and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was Witnesses, travel servcd with subpcua. Wltuesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of expenses. the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States." PENDING

PROCEEDINGS

SEC. 1103. (a) Prosecutions for any violation of law occurring prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. PROVISIONAL

76 Stat. 794; 79 Stat. 2 3 1. 21 USC 360. 68A Stat. 5 5 5. 26 USC 4722.

Ante, p. 1285.

REGISTRATION

SEC. 1104. (a)(1) Any person— (A) who is engaged in importing or exporting any controlled substance on the day before the effective date of section 1007, (B) who notifies the Attorney General that he is so engaged, and (C) who is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of 1954, shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 1008 for the import or export (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of part A of this title.

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(b) The provisions of section 304, relating to susjDension and revoca- '*"'®' P* ^^^^" tion of registration, shall apply to a provisional registration under this section. (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a)(1) of this section shall be in etiect until— (1) the date on which such person has registered with the Attorney General under section 1008 or has had his registration denied under such section, or (2) such date as may be prescribed by the Attorney General for registration of importers or exporters, as the case may be, whichever occurs first. EFFECTIVE DATES A N D OTHER T R A N S I T I O N A L PROVISIONS

SEC. 1105. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104, and this section Sihall become effective upon enactment. (c)(1) If the Attorney General, pursuant to the authority of section 704(c) of title II, postpones the effective date of section 306 Ante, pp. 1284, (relating to manufacturing quotas) for any period beyond the date specified in section 704(a) and such postponement applies to narcotic drugs, the repeal of the Narcotics Manufacturing Act of 1960 by paragraph (10) of section 1101(a) of this title is hereby postponed for the same period, except that the postponement made by this paragraph shall not apply to the repeal of sections 4, 5, 13, 15, and 16 of that Act. (2) Effective for any period of postponement, by paragraph (1) of this subsection, of the repeal of provisions of the Narcotics Manufacturing Act of 1960, that Act shall be applied subject to the following modifications: (A) The term "narcotic drug" shall mean a narcotic drug as ^j^'^^f/'^""'^ defined in section 102(16) of title II, and all references, in the Ante, p. 1244. Narcotics Manufacturing Act of 1960, to a narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954 are 74 Stat. 57. amended to refer to a narcotic drug as defined by such section ^^ "^^ 102(16). (B) On and after the date prescribed by the Attorney General pursuant to clause (2) of section 703(c) of title II, the requirements of a manufacturer's license with respect to a basic class of narcotic dru^ under the Narcotics Manufacturing Act of 1960, and of a registration under section 4722 of the Internal Revenue Code of 1954 as a prerequisite to issuance of such a esA Stat. 555. license, shall be superseded by a requirement of actual registration (as distinguished from provisional registration) as a manufacturer of that class of drug under section 303(a) of title II. '^"'®' P* ^^^^» (C) On and after the effective date of the repeal of such section 4722 by section 1101(b)(3) of this title, but prior to the date specified in subparagraph (B) of this paragraph, the requirement of registration under such section 4722 as a prerequisite of a manufacturer's license under the Narcotics Manufacturing Act of 1960 shall be superseded by a requirement of either (i) actual registration as a manufacturer under section 303 of title II, or (ii) provisional registration (by virtue of a preexisting registration under such section 4722) under section 703 of title II.

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[84 STAT.

(d) Any orders, rules, and regulations which have been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. TITLE IV — R E P O R T ON A D VI S O R Y C O U N C I L S REPORT ON ADVISORY Reports to e o n gress.

58 Stat. 6 8 2. 42 USC 201 note. 77 Stat. 282. 42 USC 2661 note.

" S t a t u to r y advisory council,»»

COUNCILS

SEC. 1200. (a) Not later than March 31 of each calendar year after 1970, the Secretary of the Department of Health, Education, and Welfare shall submit a report on the activities of advisory councils (established or organized pursuant to any applicable statute of the Public Health Service Act, Public Law 410, Seventy-eighth Congress, as amended, or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, Public Law 88-164, as amended) to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and occupations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each advisory council. (b) If the Secretary determines that a statutory advisory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. (c) As used in this section, the term "statutory advisory council" means any committee, board, commission, council, or other similar group established or organized pursuant to any applicable statute to advise and make recommendations with respect to the administration or improvement of an applicable program or other related matter. Approved October 27, 1970.

Public Law 91-514 October 27, 1970 [H. R. 14678]

U.S. territorial waters. Illegal fishing, penalties. 78 Stat. 195.

AN ACT To strengthen the penalties for illegal Ashing in the territorial waters and the contiguous fishery zone of the United States, 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 2 of the Act entitled "An Act to prohibit fishing in the territorial waters of the United States and in certain other areas by vessels other than vessels of the United States and by persons in charge of such vessels", approved May 20, 1964 (16 U.S.C. 1082), is amended— (1) by striking out "$10,000" in subsection (a) thereof and inserting in lieu thereof "$100,000", and (2) by adding at the end of subsection (b) the following new sentence: "For the purposes of this Act, it shall be a rebuttable presumption that all fish found aboard a vessel seized in connection with such violation of this Act were taken or retained in violation of this Act."

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PUBLIC LAW 91-515-OCT. 30, 1970

SEC. 2. The first sentence of section 3(a) of such Act of May 20, 1964 (16 U.S.C. 1083), is amended to read as follows: "Enforcement of the provisions of this Act is the joint responsibility of the Secretary of the Interior, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, and each such Secretary may, by agreement with any other Federal department or agency, utilize the equipment (including aircraft and vessels) of that department or agency to carry out such enforcement." SEC. 3. Such Act of May 20, 1964 (16 U.S.C. 1081-1085), is further amended by adding at the end thereof the following new subsection: "SEC. 6. The Secretary of the Treasury may pay to any person, other than an officer of the United States or a person authorized to function as a Federal law enforcement agent under this Act, compensation of not more than $5,000 if such person submits to any such officer or authorized person original information concerning any violation, perpetrated or contemplated, of this Act and such information leads to any penalty or forfeiture incurred for violation of this Act." Approved October 27, 1970.

Enforcement responsibility. 78 Stat. 195.

Informers, reward.

Public Law 91-515 AN ACT October 30, 1970 To amend titles III and IX of the Public Health Service Act so as to revise, [H. R. 17570.1 extend, and improve the programs of research, investigation, education, training, and demonstrations authorized thereunder, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

Public Health Service Act, amendments.

TITLE I—AMENDMENTS TO TITLE IX OF THE PUBLIC H E A L T H SERVICE ACT SEC. 101. This title may be cited as the "Heart Disease, Cancer, 4^^^^*^"°" °^ Stroke, and Kidney Disease Amendments of 1970". SEC. 102. Section 900 of the Public Health Service Act is amended 79 Stat. 926. to read as follows: 42 USC 299. "PURPOSES

"SEC. 900. The purposes of this title are— " (a) through grants and contracts, to encourage and assist in the establishment of regional cooperative arrangements among medical schools, research institutions, and hospitals for research and training (including continuing education), for medical data exchange, and for demonstrations of patient care in the fields of heart disease, cancer, stroke, and kidney disease, and other related diseases;

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Appropriations. 79 Stat. 926; 82 Stat» 1005. 42 USC 299a.

Funds, limitation.

PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

" (b) to afford to the medical profession and the medical institutions of the Nation, through such cooperative arrangements, the opportunity of making available to their patients the latest advances in the prevention, diagnosis, and treatment and rehabilitation of persons suffering from these diseases; "(c) to promote and foster regional linkages among health care institutions and providers so as to strengthen and improve primary care and the relationship between specialized and primary care; and " (d) by these means, to improve generally the quality and enhance the capacity of the health manpower and facilities available to the Nation and to improve health services for persons residing in areas with limited health services, and to accomplish these ends without interfering with the patterns, or the methods of financing, of patient care or professional practice, or with the administration of hospitals, and in cooperation with practicing physicians, medical center officials, hospital administrators, and representatives from appropriate voluntary health agencies." SEC. 103. (a)(1) The jfirst sentence of section 901(a) of such Act is amended by striking out "and" immediately after "June 30, 1969,", and by inserting immediately before ", for grants" the following: ", $125,000,000 for the fiscal year ending June 30, 1971, $150,000,000 for the fiscal year ending June 30, 1972, and $250,000,000 for the fiscal year ending June 30, 1973". (2) Such first sentence is further amended by striking out the period after "title" and inserting in lieu thereof "and for contracts to carry out the purposes of this title." (3) Such section 901(a) is amended by striking out the second sentence and inserting in lieu thereof the following: "Of the sums appropriated under this section for the fiscal year ending June 30, 1971, not more than $15,000,000 shall be available for activities in the field of kidney disease. Of the sums appropriated under this section for any fiscal year ending after June 80, 1970, not more than $5,000,000 may be made available in any such fiscal year for grants for new construction." (b) Section 901 of such Act is further amended by adding at the end thereof the following new subsection: "(e) At the request of any recipient of a grant under this title, the payments to such recipient may be reduced by the fair market value of any equipment, supplies, or services furnished by the Secretary to such recipient and by the amount of the pay, allowance, traveling expenses, and any other costs in connection with the detail of an officer or employee of the Government to the recipient when such furnishing or such detail, as the case may be, is for the convenience of and at the request of such recipient and for the purpose of carrying out the regional medical program to which the grant under this title is made."

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STAT.]

PUBLIC LAW 91-515-OCT. 30, 1970

SEC. 104. Section 902(a) of such Act is amended by striking out "training, diagnosis, and treatment relating to heart disease, cancer, or stroke, and, at the option of the applicant, related disease or diseases'' and inserting in lieu thereof "training, prevention, diagnosis, treatment, and rehabilitation relating to heart disease, cancer, stroke, or kidney disease and, at the option of the applicant, other related diseases'*. (b) Section 902(f) is amended by striking out "includes" and inserting in lieu thereof "means new construction of facilities for demonstrations, research, and training when necessary to cari-y out regional medical programs''. SEC. 105. Section 903(b)(4) of such Act is amended— (1) by striking out "voluntary health agencies, and" and inserting in lieu thereof "voluntary or official health agencies, health planning agencies, and"; (2) by insei+ing immediately after "under the program", where it first appears therein, the following: "(including as an ex officio member, if there is located in such region one or more hospitals or other health facilities of the Veterans' Administration, the individual whom the Administrator of Veterans' Affairs shall have designated to serve on such advisory group as the representative of the hospitals or other health care facilities of such Administration which are located in such region)"; and (3) by striking out "need for the services provided under the program" and inserting in lieu thereof "need for and financing of the services provided under the program, and which advisory group shall be sufficient in number to insure adequate community orientation (as determined by the Secretary)". SEC. 106. That part of the second sentence of section 904(b) of such Act preceding paragraph (1) is amended by striking out "section 903(b)(4) and" and inserting in lieu thereof the following: "section 903(b)(4), if opportunity has been provided, prior to such recommendation, for consideration of the application by each public or nonprofit private agency or organization which has developed a comprehensive regional, metropolitan area, or other local area plan referred to in section 314(b) covering any area in which the regional medical program for which the application is made will be located, and if the application". SEC. 107. (a) Section 905(a) of such Act is amended to read as follows: "SEC. 905. (a) The Secretary may appoint, without regard to the civil service laws, a National Advisory Council on Regional Medical Programs. The Council shall consist of the Assistant Secretary of Health, Education, and Welfare for Health and Scientific Affairs, who

1299 79 Stat. 927; 82 Stat. 1005. 42 USC 299b.

42 USC 299c.

42 USC 299d.

National Advisory eoiincil on Regional Medical Programs. 42 USC 299e.

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Term of office. Ante, p. 1299.

79 Stat. 9 3 0. 42 USC 299g.

42 USC 2991. 42 us°c 299?.'

PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

shall be the Chairman, the Chief Medical Director of the Veterans' Administration who shall be an ex officio member, and twenty members, not otherwise in the regular full-time employ of the United States, who are leaders in the fields of the fundamental sciences, the medical sciences, health care administration, or public affairs. At least two of the appointed members shall be practicing physicians, one shall be outstanding in the study or health care of persons suffering from heart disease, one shall be outstanding in the study or health care of persons suffering from cancer, one shall be outstanding in the study or health care of persons suffering from stroke, one shall be outstanding in the study or health care of persons suffering from kidney disease, two shall be outstanding in the field of prevention of heart disease, cancer, stroke, or kidney disease, and four shall be members of the public." ^j^j Q-f ^j^g jpersous first appointed under section 905(a) of the Publlc Health Service Act to serve as the four additional members of the National Advisory Council on Regional Medical Programs authorized by t]\e amendment made by subsection (a) of this section— (1) one shall serve for a term of one year, (2) one shall serve for a term of two years, (3) one shall serve for a term of three years, and (4) one shall serve for a term of four years, as designated by the Secretary of Health, Education, and Welfare at the time of appointment. (c) Members of the National Advisory Council on Regional Medical Programs (other than the Surgeon General) in office on the date of enactment of this Act shall continue in office in accordance with the term of office for which they were last appointed to the Council. SEC. 108. Section 907 of such Act is amended by striking out "or stroke," and inserting in lieu thereof "stroke, or kidney disease,". ^^^^ -jQg^ Section 909(a) of such Act is amended by inserting "or contract" aft«r "grant" each place it appears therein. ^^'^' ^^^- (^) Section 910 of such Act is amended to read as follows: "MUL'FIPRCMiRAM SKRVTCES

"SEC. 910. (a) To facilitate interregional cooperation, and develop improved national capability for delivery of health services, the Secretary is authorized to utilize funds appropriated under this title to make grants to public or nonprofit private agencies or institutions or combinations thereof and to contract for— "(1) programs, services, and activities of substantial use to two or more regional medical programs; "(2) development, trial, or demonstration of methods for control of heart disease, cancer, stroke, kidney disease, or other related diseases; "(8) the collection and study of epidemiologic data related to any of the diseases referred to in paragraph (2); "(4) development of training specifically related to the prevention, diagnosis, or treatment of any of the diseases referred to in paragraph (2), or to the rehabilitation of persons suffering from any of such diseases; and for continuing programs of such training where shortage of trained personnel would otherwise limit application of knowledge and skills important to the control of any of such diseases; and "(5) the conduct of cooperative clinical field trials. "(b) The Secretary is authorized to assist in meeting the costs of special projects for improving or developing new means for the delivery of health services concerned with the diseases with which this title is concerned.

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"(c) The Secretary is authorized to support research, studies, investigations, training, and demonstrations designed to maximize the utilization of manpower in the delivery of health services," SEC. 111. (a) The heading to title IX of such Act is amended by striking out " S T R O K E, A N D R E L A T E D D I S E A S E S " and inserting in lieu thereof " S T R O K E, K I D N E Y D I S E A S E, A N D OTHER RELATED DISEASES". (b) Sections 902(a), 903(a), 903(b), 904(a), 904(b), 905(b), 42 USC 299b. 905 (d), 906, 907, and 909 (a) of such Act (as amended by the preceding ^^^^* ^^^'' provisions of this Act) are each further amended by striking out "Surgeon General", each place it appears therein and inserting in lieu thereof "Secretary". TITLE II — AMENDMENTS TO TITLE III O F THE P U B L I C H E A L T H SERVICE ACT PART A—RESEARCH

AND DEMONSTRATIONS RELATING TO HEALTH FACILITIES AND SERVICES

SEC. 201. (a)(1) Section 304(a) of the Public Health Service Act jj'^^'^

^ •'

si Stat. 534. 42 USC 242b.

IS amended— (A) by inserting " (1) " immediately after "SEC. 304. (a) "; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by redesignating clauses (A), (B), and (C) as clauses (i), (ii),and (iii), respectively. (2) Section 304(b) of such Act is amended— (A) by striking out " (b) " and inserting in lieu thereof " (2) "; and (B) by striking out "this section" each place it appears therein and inserting in lieu thereof "this subsection". (3) Section 304(c) of such Act is amended— (A) by striking out " (c) " and inserting in lieu thereof " (3) "; and (B) by striking out "this section" each place it appears therein and inserting in lieu thereof "this subsection". (b) Section 304 of such Act is further amended by adding after the provision thereof redesignated as paragraph (3) by subsection (a)(3)(A) of this section the following new subsection: "Systems Analysis of National Health Care Plans " (b)(1)(A) The Secretary shall develop, through utilization of the systems analysis method, plans for health care systems designed adequately to meet the health needs of the American people. For purposes of the preceding sentence, the systems analysis method means the analytical method by which various means of obtaining a desired result or goal is associated with the costs and benefits involved. " (B) The Secretary shall complete the development of the plans referred to in subparagraph (A), within such period as may be necessary to enable him to submit to the Congress not later than Septem- ^,^^f°*'* *° ^°''" ber 30, 1971, a report thereon which shall describe each plan so gress. developed in terms of— "(i) the number of people who would be covered under the plan; "(ii) the kind and type of health care which would be covered under the plan; "(iii) the cost involved in carrying out the plan and how such costs would be financed;

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PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

"(iv) the number of additional physicians and other health care personnel and the number and type of health care facilities needed to enable the plan to become fully effective; "(v) the new and improved methods, if any, of delivery of health care services which would be developed in order to effectuate the plan; "(vi) the accessibility of the benefits of such plan to various socioeconomic classes of persons; "(vii) the relative effectiveness and efficiency of such plan as compared to existing means of financing and delivering health care; and "(viii) the legislative, administrative, and other actions which would be necessary to implement the plan. " (C) I n order to assure that the advice and service of experts in the various fields concerned will be obtained in the plans authorized by this paragraph and that the purposes of this paragraph will fully be carried out— "(i) the Secretary shall utilize, whenever appropriate, personnel from the various agencies, bureaus, and other departmental subdivisions of the Department of Health, Education, and Welfare; "(ii) the Secretary is authorized, with the consent of the head of the department or agency involved, to utilize (on a reimbursable basis) the personnel and other resources of other departments and agencies of the Federal Government; and "(iii) the Secretary is authorized to consult with appropriate State or local public agencies, private organizations, and individuals. "Cost and Coverage Report on Existing Legislative Proposals National health insurance plan legislation, study.

Report to Congress.

Appropriation. 81 Stat. 534; Ante, p. 352. 42 USC 242b.

"(2)(A) The Secretary shall, in accordance with this paragraph, conduct a study of each legislative proposal which is introduced in the Senate or the House of Representatives during the Ninety-first Congress, and which undertakes to establish a national health insurance plan or similar plan designed to meet the needs of health insurance or for health services of all or the overwhelming majority of the people of the United States. " (B) In conducting such study with respect to each such legislative proposal, the Secretary shall evaluate and analyze such proposal with a view to determining— " (i) the costs of carrying out the proposal; and "(ii) the adequacy of the proposal in terms of (I) the portion of the population covered by the proposal, ( II) the type health care provided, paid for, or insured against under the proposal, ( III) whether, and if so, to what extent, the proposal provides for the development of new and improved methods for the delivery of health care and services. " (C) Not later than March 31, 1971, the Secretary shall submit to the Congress a report on each legislative proposal which he has been directed to study under this paragraph, together with an analysis and evaluation of such proposal." (c) Subsection (d) of section 304 of such Act is hereby redesignated as subsection (c) and is amended to read as follows: "(c)(1) There are authorized to be appropriated for payment of grants or under contracts under subsection (a), and for purposes of carrying out the provisions of subsection (b), $71,000,000 for the fiscal year ending June 30, 1971 (of which not less than $2,000,000 shall be available only for purposes of carrying out the provisions of subsection

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(b)), $82,000,000 for the fiscal year ending June 30, 1972, and $94,000,000 for the fiscal year ending June 30, 1973. "(2) In addition to the funds authorized to be appropriated under paragraph (1) to carry out the provisions of subsection (b) there are hereby authorized to be appropriated to carry out such provisions for ,each fiscal year such sums as may be necessary." (d) The amendments made by subsection (c) of this section shall be effective only with respect to fiscal years ending after June 30, 1970. SEC. 202. That provision of section 304 of the Public Health Service Act redesignated by section 201(a) of this Act as paragraph (3) of subsection (a) is further amended— (1) by inserting " (A) " immediately after " (3) ' '; and (2) by adding after and below such provision the following new subparagraph: " (B) The amounts otherwise payable to any person under a grant or contract made under this subsection shall be reduced by— " (i) amounts equal to the fair market value of any equipment or supplies furnished to such person by the Secretary for the purpose of carrying out the project with respect to which such grant or contract Is made, and "(ii) amounts equal to the pay, allowances, traveling expenses, and related personnel expenses attributable to the performance of services by an officer or employee of the Government in connection with such project, if such officer or employee was assigned or detailed by the Secretary to perform such services, but only if such person requested the Secretary to furnish such equipment or supplies, or such services, as the case may be." SEC. 203. That provision of section 304 of the Public Health Service Act redesignated by section 201(a) of this Act as paragraph (1) of subsection (a) is further amended by— (1) striking out the period at the end thereof and inserting in lieu thereof ", and"; and (2) adding after and below the clause thereof redesignated by such section 201(a) as clause (iii) the following new clauses: "(iv) projects for research, experiments, and demonstrations dealing with the effective combination or coordination of public, private, or combined public-private methods or systems for the delivery of health services at regional. State, or local levels, and "(v) projects for research and demonstrations in the provision of home health services."

1303

Effective date. -An'©, p. 1301.

PART B—NATIONAL HEALTH SURVEYS AND STUDIES

SEC. 210. (a)(1) Clause (1) of subsection (a) of section 305 of the Public Health Service Act is amended by striking out "and" before " (E) ", and by inserting after the semicolon at the end of such clause the following: " (F) health care resources; (G) environmental and social health hazards; and (H) family formation, growth, and dissolution;". (2) Such subsection is further amended by adding at the end thereof the following new sentence: "No information obtained in accordance with this paragraph may be used for any purpose other than the statistical purposes for which it was supplied except pursuant to reguhitions of the Secretary; nor may any such information be published if the particular establishment or person supplying it is identifiable except with the consent of such establishment or person." (b) Section 305 is further amended by redesignating subsections (b), (c"), and (d) as subsections (c), (d), and (e), respectively, and by adding after subsection (a) the following new subsection:

<17-S48 O - 72 - 86 (Pt. 1)

42 USC'242°c

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Appropriation.

PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

" (b) The Secretary is authorized, directly or by contract, to undertake research, development, demonstration, and evaluation, relating to the design and implementation of a cooperative system for producing comparable and uniform health information and statistics at the Federal, State, and local levels." ^Q"^ ^ h e subsection of such section 305 redesignated (by subsection (b) of this section) as subsection (d) is amended to read as follows: " (d) There are authorized to be appropriated to carry out this section $15,000,000 for the fiscal year ending June 30, 1971, $20,000,000 for the fiscal year ending June 30, 1972, and $25,000,000 for the fiscal year ending June 30, 1973." PART C—GRANTS TO STATES FOR COMPREHENSIVE STATE HEALTH PLANNING

si^stat^saV^^' 42 USC 24*6.

SEC. 220. (a)(1) The first sentence of section 314(a)(1) of the Public Health Service Act is amended by striking out "June 30, 1970" and inserting in lieu thereof "June 30, 1973". (2) The second sentence of such section 314(a)(1) is amended by striking out "and $15,000,000 for the fiscal year ending June 30, 1970" and inserting in lieu thereof the following: "$15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973". (b) Section 314(a)(2)(B) of such Act is amended by striking out "State and local agencies" and inserting in lieu thereof "Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hospitals or other health care facilities of the Veterans' Administration, the individual whom the Administrator of Veterans' Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Administration which are located in such State)". (c) Section 3 1 4 (a)(2)(B) of such Act (as amended by subsection (b) of this section) is further amended by inserting "(including representation of the regional medical program or programs included in whole or in part within the State) " immediately after "concerned with health". (d) Section 314(a)(2)(C) of such Act is amended (1) by inserting "and including home health care" immediately after "private", and (2) by inserting immediately before the semicolon at the end thereof the following: "and including environmental considerations as they relate to public health". PART I)—PROJECT GRANTS FOR AREAWIDE HEALTH PLANNING

Anfe,p. 340.

g^,^ 230. Section 314(b) of the Public Health Service Act is amended— (1) by striking out, in the first sentence thereof, "June 30, 1970'' and inserting in lieu thereof "June 30, 1973"; (2) by inserting after the word "services" the second place it appears therein, the phrase "and including the provision of such services through home health care"; (3) by striking out, in the second sentence thereof, "and $15,000,000 for the fiscal year ending June 30, 1970" and inserting in lieu thereof the following: "$15,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973"; (4) by inserting "(1)(A) " immediately after " (b) ' '; and

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PUBLIC LAW 91-515-OCT. 30, 1970

1305

(5) by adding after and below the existing language contained therein the following: " (B) Project grants may be made by the Secretary under subparagraph (A) to the State agency administering or supervising the administration of the State plan approved under subsection (a) with respect to a particular region or area, but only if (i) no application for such a grant with respect to such region or area has been filed by any other agency or organization qualified to receive such a grant, and (ii) such State agency certifies, and the Secretary finds, that ample opportunity has been afforded to qualified agencies and organizations to file application for such a grant with respect to such region or area and that it is improbable that, in the foreseeable future, any agency or organization which is qualified for such a grant will file application therefor. "(2)(A) In order to be approved under this subsection, an application for a grant under this subsection must contain or be supported by reasonable assurances that there has been or will be established, in or for the area with respect to which such grant is sought, an areawide health planning council. The membership of such council shall include representatives of public, voluntary, and nonprofit private agencies, institutions, and organizations concerned with health (including representatives of the interests of local government, of the regional medical program for such area, and of consumers of health services). A majority of the members of such council shall consist of representatives of consumers of health services. " (B) I n addition, an application for a grant under this subsection must contain or be supported by reasonable assurances that the areawide health planning agency has made provision for assisting health care facilities in its area to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan which will meet the needs of the State and the area for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner." PART E — P R O J E C T GRANTS FOR TRAININCX, STUDIES AND DEMONSTRATIONS

SEC. 240. Section 314(c) of the Public Health Service Act is 81 Stat. 533. „,8°,i*^';,V^^' amended— 42 USC 246. (1) by striking out, in the first sentence thereof, "June 30, 1970" and inserting in lieu thereof "June 30, 1973"; and (2) by striking out, in the second sentence thereof, "and $7,500,000 for the fiscal jrear ending June 30, 1970" and inserting in lieu thereof the following: "$7,500,000 for the fiscal year ending June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971, $10,000,000 for the fiscal year ending June 30, 1972, and $12,000,000 for the fiscal year ending June 30, 1973". PART F — G R A N T S FOR COMPREHENSIVE PUBLIC HEALTH SERVICES

SEC. 250. (a) Section 314(d)(1) of the Public Health Service Act is amended by striking out "and $100,000,000 for the fiscal year ending June 30, 1970" and inserting in lieu thereof "$100,000,000 for the fiscal year ending June 30, 1970, $130,000,000 for the fiscal year ending June 30, 1971, $145,000,000 for the fiscal year ending June 30, 1972, and $165,000,000 for the fiscal year ending June 30, 1973". (b) Section 314(d)(2)(C) of such Act is amended (1) by striking out "and (iii)" and inserting in lieu thereof " ( i i i) " and (2) by inserting before the semicolon at the end thereof the following: "; and (iv) the plan is compatible with the total health program of the State".

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PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

PART G — P R O J E C T GRANTS FOR HEALTH SERVICES DEVELOPMENT

80 Stat. 1186; 42 USC 24*6.

Effective date.

QEC. 260. (a) Section 314(e) of the Public Health Service Act is amended by striking out "and" immediately after "June 30, 1969," and by inserting after June 30, 1970," the following: "$109,500,000 for the fiscal year ending June 30, 1971, $135,000,000 for the fiscal year ending June 30, 1972, and $157,000,000 for the fiscal year ending June 30, 1973,". (b) The first sentence of 314(e) is further amended by inserting immediately after "cost" the following: "(including equity requirements and amortization of loans on facilities acquired from the Office of Economic Opportunity or construction in connection with any program or project transferred from the Office of Economic Opportunity)". (c)(1) The second sentence of such section is amended to read as follows: "Any grant made under this subsection may be made only if the application for such grant has been referred for review and comment to the appropriate areawide health planning agency or agencies (or, if there is no such agency in the area, then to such other public or nonprofit private agency or organization (if any) which performs similar functions) and only if the services assisted under such grant will be provided in accordance with such plans as have been developed pursuant to subsection (a). " ^g) The amendment made by paragraph (1) shall be effective with respect to grants under section 314(e) of the Public Health Service Act which are made after the date of enactment of this Act. PART

./^^!^'c*o^o^^• 7o St&t S92*

42 USC 241242h.

H—ADMINISTRATION

OF GRANTS PROJECTS

IN

CERTAIN

MULTIGRANT

SEC. 270. Part A of title III of the Public Health Service Act is •

•

amended by adding at the end thereof the following new section:

"Administration of Grants in Certain Multigrant Projects "SEC. 310A. For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by title IX, and sections 304, 314(a), 314(b), 314(c), Ante, pp. 1297, 3l4.(d), aud 314(e) of this Act in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations— "(1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; "(2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and "(3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law."

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STAT. ]

1307

PUBLIC LAW 91-515-OCT. 30, 1970

PART I — A N N U A L KEPORT, NATIONAL AD^1S0R'r COUNCIL, E T C.

SEC. 280. Part A of title III of the Public Health Service Act is further amended by adding after section 310A thereof (as added by section 270 of this Act) the following new section: "Annual Report "310B. On or before January 1 of each year, the Secretary shall transmit to the Congress a report of the activities carried on under the provisions of title IX of this Act and sections 304, 305, 314(a), 314(b),_314(c), 314(d), and 314(e) of this title together with (1) an evaluation of the effectiveness of such activities in improving the efficiency and effectiveness of the research, planning, and delivery of health services in carrying out the purposes for which such provisions were enacted, (2) a statement of the relationship between Federal financing and financing from other sources of the activities undertaken pursuant to such provisions (including the possibilities for more efficient support of such activities through use of alternate sources of financing after an initial period of support under such provisions), and (3) such recommendations with respect to such provisions as he deems appropriate." SEC. 281. Title III of the Public Health Service Act is amended by adding after section 315 thereof the following new section: " N A T I O N A L ADVISORY COUNCIL O N COMPREHENSIVE PROGRAMS

HEALTH

Ante, p p. 1 2 9 7, 1301, 1304.

58 Stat. 6 9 1. 42 USC 2 4 1.

PLANNING

"SEC. 316. (a) The Secretary shall appoint, without regard to the civil service laws, a National Advisory Council on Comprehensive Health Planning Programs. The Council shall consist of the Secretary or his designee, who shall be the chainnan, and sixteen members, not otherwise in the regular full-time employ of the United States, who are (1) leaders in the fields of the fundamental sciences, the medical sciences, or the organization, delivery, and financing of health care, (2) officials in State and areawide health planning agencies, (3) leaders in health care administration, or State or community or other public affairs, who are State or local officials, or (4) representatives of consumers of health care. A t least six of the appointed members shall be individuals representing the consumers of health care, one shall be an official of a State health planning agency, one shall be an official of an areawide health planning agency, and one shall be a member of the National Advisory Council on Regional Medical Programs. "(b) Each appointed member of the Council shall hold office for a term of four years, except that any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and except that the terms of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, four at the end of the first year, four at the end of the second year, four at the end of the third year, and four at the end of the fourth year after the date of appointment. An appointed member shall not be eligible to serve continuously for more than two terms. "(c) Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on the business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of service for GS-18 of the general schedule,

Appointment, Members.

Term.

Ante,

p. 198-1.,

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PUBLIC LAW 91-515-OCT. 30, 1970

80 Stat. 499; 53 Stat. 190.

Ante, p. 1304.

58 Stat. 6 9 3. 42 USC 2 4 3.

[84 STAT.

including traveltime, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 of the Ignited States Code for persons in the Government service employed intermittently. " (d) The Council shall advise and assist the Secretary in the preparation of general regulations for, and as to policy matters arising with respect to, the administration of section 314 of this title, with increased emphasis on cooperation in the coordination of programs thereunder with the National Advisory Council on Regional Medical Programs, with particular attention to the relationship between the improved organization and delivery of health services and the financing of such services; and shall, in carrying out such functions, review, not less often than annually, the grants made under section 314 to determine their effectiveness in carrying out its purposes." SEC. 282. Part B of title III of the Public Health Service Act is amended by striking out "Surgeon General" each place it appears and inserting in lieu thereof "Secretary". PART J—REGULATION or VACCINES, BLOOD, BLOOD COMPONENTS, AND ALLERGENIC PRODUCTS

58 Stat. 702. 42 USC 262.

SEC. 291. Section 351 of the Public Health Service Act is amended by inserting, after "antitoxin", each time such word appears, the following: "vaccine, blood, blood component or derivative, allergenic product,". PART K — E X T E N S I O N OF RESEARCH CONTRACT AUTHORITY

79 Stat. 4 4 8; (1 Stat. 540. 42 USC 2 4 1.

SEC. 292. Paragraph (h) of section 301 of the Public Health Service Act is amended by striking out "five succeeding fiscal years" and inserting in lieu thereof "eight succeeding fiscal years". TITLE III—COMMUNITY MENTAL H E A L T H CENTERS

Ante,

p. 56.

79 Stat. 4 2 8. 42 USC 2688.

Ante,

p. 57.

SEC. 301. Section 201 of the Community Mental Health Centers Amendments of 1970 is amended by adding at the end thereof the following new subsection: "(c) I n the case of any community mental health center— "(1) for which a staffing grant was made under Part B of the Community Mental Health Centers Act for any period which began on or before June 30, 1970; and "(2)(A) with respect to which the portion of the costs (as described in section 220(a) of such Act) which may be met from funds under a grant under such part B is increased (by reason of the enactment of the preceding subsections of this section) for any period after June 30, 1970; or " (B) with respect to which the period during which a grant under such part B may be made is extended by reason of the enactment of subsection (a) of this section; the provisions of section 221(a)(4) of such Act shall be deemed to have been complied with for any period after June 30, 1970, if the Secretary determines that there is satisfactory assurance that the amount of total costs, Federal and non-Federal (as described in section 220(a) of such Act), which will be incurred by such center for staffing purposes for any period after June 30, 1970, will not be less than the amount of such total costs for the period which last commenced on or before June 30, 1970, except that the grantee shall not be required to increase the amount contributed as the non-Federal share in the event the amount of the Federal participation is reduced."

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PUBLIC LAW 91-515-OCT. 30, 1970

1309

TITLE IV—AUTHORITY FOR GROUP PRACTICE SEC. 401. (a) The Secretary of Health, Education, and Welfare may, m accordance with the provisions of this section, authorize any carrier, which is a party to a contract entered into under chapter 89 of title 5, United States Code (relating to health benefits for Federal employees), or under the Retired Federal Employees Health Benefits Act, or which participates in the carrying out of any such contract, to issue in any State contracts entitling any person as a beneficiary to receive comprehensive medical services (as defined in subsection (b)) from a group practice unit or organization (as defined in subsection (c)) with which such carrier has contracted or otherwise arranged for the provision of such services. (b) As used in this section, the term "comprehensive medical services" means comprehensive preventive, diagnostic, and therapeutic medical services (as defined in regulations of the Secretary), furnished on a prepaid basis; and may include, at the option of a carrier, such other health services including mental health services, and equipment and supplies, furnished on such terms and conditions with respect to copayment and other matters, as may be authorized in regulations of the Secretary. (c) As used in this section: (1) The term "group practice unit or organization" means a nonprofit agency, co-operative, or other organization undertaking to provide, through direct employment of, or other arrangements with the members of a medical group, comprehensive medical services (or such services and other health services) to members, subscribers, or other persons protected under contracts of carriers. (2) The term "medical group" means a partnership or other association or group of persons who are licensed to practice medicine in a State (or of such persons and persons licensed to practice dentistry or optometry) who (A) as their principal professional activity and as a group responsibility, engage in the coordinated practice of their profession primarily in one or more group practice facilities, (B) pool their income from practice as members of the group and distribute it among themselves according to a prearranged plan, or enter into an employment arrangement with a group practice unit or organization for the provision of their services, (C) share common overhead expenses (if and to the extent such expenses are paid by members of the group), medical and other records, and substantial portions of the equipment and professional, technical, and administrative staff, and (D) include within the group at least such professional personnel, and make available at least such health services, as may be specified in regulations of the Secretary. (d) Nothing in this section shall preclude any State or State agency from regulating the amounts charged for contracts issued pursuant to subsection (a) or the manner of soliciting and issuing such contracts, or from regulating any carrier issuing such contracts in any manner not inconsistent with the provisions of this section. TITLE V—STUDY R E L A T I N G TO ENVIRONMENTAL POLLUTION SEC. 501. (a) The Congress finds that there is general agreement that air, water, and other common environmental pollution may be hazardous to the health of individuals resident in the United States, but that despite the existence of various research papers and other technical reports on the health hazards of such pollution, there is no authoritative source of information about (1) the nature and gravity

Ante, p. 869.

Definitions.

Contract charges. State regulation.

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Presidential study.

Report to Congress.

Report supplements.

Appropriation.

PUBLIC LAW 91-515-OCT. 30, 1970

[84 STAT.

of these hazards, (2) the availability of medical and other assistance to persons affected by such pollution, especially when such pollution reaches emergency levels, and (3) the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals. (b) The President shall immediately commence (1) a study of the nature and gravity of the hazards to human health and safety created by air, water, and other common environmental pollution, (2) a survey of the medical and other assistance available to persons affected by such pollution, especially when such pollution reaches emergency levels, and (3) a survey of the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals. (c) The President shall, within nine months of the enactment of this Act, transmit to the Congress a report of the study and surveys required by subsection (b) of this section, including (1) his conclusions regarding the nature and gravity of the hazards to human health and safety created by environmental pollution, (2) his evaluation of the medical and other assistance available to persons affected by such pollution, especially when such pollution reaches emergency levels, (3) his assessment of the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals, and (4) such legislative or other recommendations as he may deem appropriate. (d) The President shall, within one year of his transmittal to the Congress of the report required by subsection (c) of this section, and annually thereafter, supplement that report with such new data, evaluations, or recommendations as he may deem appropriate. (e) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. TITLE VI—MISCELLANEOUS NATIONAL ADVISORY COUNCIL

42 USC 218, 289b, 289f, 292b. 42 USC 289a289c, 289j. 76 Stat. 1073. 42 USC 217a.

eompensation. 64 Stat. 447. 42 USC 210.

Ante, p. 198-1.

SEC. 601. (a)(1) Sections 217(b), 432(a), 443(b), and 703(c) of the Public Health Service Act are amended by inserting "or committees" after "councils" wherever it appears therein. (2) Sections 431, 432 (b), 433,443, and 452 of such Act are amended by inserting "or committee" after "council" wherever it appears therein. (3) Subsections (b) and (c) of section 222 of such Act are amended by inserting "council or" before "committee" wherever it appears therein. (4) Such section is further amended by inserting in the heading thereof "COUNCILS OR" before "COMMITTEES". (b)(1) Subsection (c) of section 208 of the Public Health Service Act is amended to read: "(c) Members of the National Advisory Health Council and members of other national advisory or review councils or committees established under this Act, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, but excluding ex officio members, while attending conferences or meetings of their respective councils or committees or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS-18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel ex-

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PUBLIC LAW 91-515-OCT. 30, 1970

penses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 of the United States Code for persons in the Government service employed intermittently." (2) The second sentence of subsection (d) of section 306, the second sentence of subsection (d) of section 307, the first sentence of paragraph (2) of subsection (f) of section 358, subsection (d) of section 373, subsection (e) of section 641, subsection (d) of section 703, subsection (d) of section 725, subsection (d) of section 774, subsection (c) of section 841, and subsection (c) of section 905 of such Act are deleted. (3) Paragraph (2) of subsection (f) of section 358 is further amended by striking out "under this subsection" in the second sentence thereof and by inserting in lieu thereof "to members of the Committee who are not officers or employees of the United States pursuant to subsection (c) of section 208 of this Act". (4) Subsection (d) of section 905 of such Act is redesignated as subsection (c). (c)(1) Subsection (a) of section 222 of such Act is amended to read: " (a) The Secretary may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, from time to time, appoint such advisory councils or committees (in addition to those authorized to be established under other provisions of law), for such periods of time, as he deems desirable with such period commencing on a date specified by the Secretary for the purpose of advising him m connection with any of his functions." (2) Subsection (c) of such section is amended by inserting "or programs" after "projects". (d)(1) Subsection (g) of section 408 of the Food, Drug, and Cosmetic Act is amended by striking out "as compensation for their services a reasonable per diem, for time actually spent in the work of the committee, and shall in addition be reimbursed for their necessary traveling and subsistence expenses while so serving away from their places of residence." after "shall receive" and by inserting in lieu thereof "compensation and travel expenses in accordance with subsection (b)(5)(D) of section 706." (2) Subparagraph (D) of paragraph (5) of subsection (b) of section 706 of such Act is amended by striking out the third sentence thereof and by inserting in lieu thereof the following new sentence: "Members of any advisory committee established under this Act, while attending conferences or meetings of their committees or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS-18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5 of the United States Code for persons in the Government service employed intermittently."

1311 ga^staJVgo^^' ^^ "^^ 242d. ^2 USC 242e. ^^ use 263f. ^"'e, pp. ee, ^^2* use 292b. 42 USC 293ei ^QSM. 293. 29c»e. ^^ ^'^'' "^9-

^^ ^ ^ ^ ^^9. J|^ ^*sc*2^°^a*

^g^° ^*^** ^'*^' s use 5101, 5331. "*"'*' ^' ^^^"^•

esstat. 511. "^^ ^'^^^'

^J u^icsje'

TRAINING AUTHORITY OF INSTITUTE OF GENERAL MEDICAL SCIENCES

SEC. 602. Section 442 of the Public Health Service Act is amended by striking out "research" before "training". Approved October 30, 1970.

H us^c'289e.*

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PUBLIC LAW 91-516-OCT. 30, 1970

[84 STAT.

Public Law 91-516 October 30, 1970 [H, R. 18260]

Environmental Education Act.

AN ACT To authorize the United States Commissioner of Education to establish education programs to encourage understanding of policies, and support of activities, designed to enhance environmental quality and maintain ecological balance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Environmental Education Act". STATEMENT

OF F I N D I N G S

AND

PURPOSE

SEC. 2. (a) The Congress of the United States finds that the deterioration of the quality of the Nation's environment and of its ecological balance poses a serious threat to the strength and vitality of the people of the Nation and is in part due to poor understanding of the Nation's environment and of the need for ecological balance; that presently there do not exist adequate resources for educating and informing citizens in these areas, and that concerted efforts in educating citizens about environmental quality and ecological 'balance are therefore necessary. (b) I t is the purpose of this Act to encourage and support the development of new and improved curricula to encourage understanding of policies, and support of activities designed to enhance environmental quality and maintain ecological balance; to demonstrate the use of such curricula in model educational programs and to evaluate the effectiveness thereof; to provide support for the initiation and maintenance of programs in environmental education at the elementary and secondary levels; to disseminate curricular materials and other information for use in educational programs throughout the Nation; to provide training programs for teachers, other educational personnel, public service personnel, and community, labor, and industrial and business leaders and employees, and government employees at State, Federal, and local levels; to provide for the planning of outdoor ecological study centers; to provide for community education programs on preserving and enhancing environmental quality and maintaining ecological balance; and to provide for the preparation and distribution of materials by mass media in dealing with the environment and ecology. ENVIRONMENTAL Environmental education office, establishment.

Ante, p. 198-1. ' ' Environmental education."

Grants and contracts.

EDUCATION

SEC. 8. (a)(1) There is established, within the Office of Education, an office of environmental education (referred to in this section as the "office'') which, under the supervision of the Commissioner, through regulations promulgated by the Secretary, shall be responsible for (A) the administration of the program authorized by subsection (b) and (B) the coordination of activities of the Office of Education which are related to environmental education. The office shall be headed by a Director who shall be compensated at a rate not to exceed that prescribed for grade GS-17 in section 5332 of title 5, United States Code. (2) For the purposes of this Act, the term "environmental education" means the educational process dealing with man's relationship with his natural and manmade surroundings, and includes the relation of population, pollution, resource allocation and depletion, conservation, transportation, technology, and urban and rural planning to the total human environment. (b)(1) The Commissioner shall carry out a program of making grants to, and contracts with, institutions of higher education, State

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and local educational agencies, regional educational research organizations, and other public and private agencies, organizations, and institutions (including libraries and museums) to support research, demonstration, and pilot projects designed to educate the public on the problems of environmental quality and ecological balance, except that no Prohibition. grant may be made other than to a nonprofit agency, organization or institution. Funds, (2) Funds appropriated for grants and contracts under this sec- ability. availtion shall be available for such activities as— (A) the development of curricula (including interdisciplinary curricula) in the preservation and enhancement of environmental quality and ecological balance; (B) dissemination of information relating to such curricula and to environmental education, generally; (C) in the case of grants to State and local educational agencies, for the support of environmental education programs at the elementary and secondary education levels; (D) preservice and inservice training programs and projects (including fellowship programs, institutes, workshops, symposiums, and seminars) for educational personnel to prepare them to teach in subject matter areas associated with environmental quality and ecology, and for public service personnel, government employees, and business, labor, and industrial leaders and employees; (E) planning of outdoor ecological study centers; (F) community education programs on environmental quality, including special programs for adults; and (G) preparation and distribution of materials suitable for use by the mass media in dealing with the environment and ecology. In addition to the activities specified in the first sentence of this paragraph, such funds may be used for projects designed to demonstrate, test, and evaluate the effectiveness of any such activities, whether or not assisted under this section. Financial as(3)(A) Financial assistance under this subsection may be made sistance, applicaavailable only upon application to the Commissioner. Applications ti under this subsection shall be submitted at such time, in such form, and containing such information as the Secretary shall prescribe by regulation and shall be approved only if it— (i) provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant; (ii) describes a program for carrying out one or more of the purposes set forth in the first sentence of paragraph (2) which holds promise of making a substantial contribution toward attaining the purposes of this section; (iii) sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; (iv) sets forth policies and procedures wiich assure that Federal funds made available under this Act for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in section 3, and in no case supplant such funds. (v) provides for such fiscal control and fund accounting pro-

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Reports and recordkeeping.

Federal share, limitation.

Advisory Counc i l on Environmental Education; establishment; membership.

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[84 STAT.

cedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and (vi) provides for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require and for keeping such records, and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. (B) Applications from local educational agencies for financial assistance under this Act may be approved by the Commissioner only if the State educational agency has been notified of the application and been given the opportunity to offer recommendations. (C) Amendments of applications shall, except as the Secretary may otherwise provide by or pursuant to regulation, be subject to approval in the same manner as original applications. (4) Federal assistance to any program or project under this section, other than those involving curriculum development, dissemination of curricular materials, and evaluation, shall not exceed 80 per centum of the cost of such program for the first fiscal year of its operation, including costs of administration, unless the Commissioner determines, pursuant to regulations adopted and promulgated by the Secretary establishing objective criteria for such determinations, that assistance in excess of such percentages is required in furtherance of the purposes of this section. The Federal share for the second year shall not exceed 60 per centum, and for the third year 40 per centum. NonFederal contributions may be in cash or kind, fairly evaluated, including but not limited to plant, equipment, and services. (c)(1) There is hereby established an Advisory Council on Environmental Education consisting of twenty-one members appointed by the Secretary, The Secretary shall appoint one member as Chairman. The Council shall consist of persons appointed from the public and private sector with due regard to their fitness, knowledge, and experience in matters of, but not limited to, academic, scientific, medical, legal, resource conservation and production, urban and regional planning, and information media activities as they relate to our society and affect our environment, and shall give due consideration to geographical representation in the appointment of such members: Provided, however, That the Council shall consist of not less than three ecologists and three students. (2) The Council shall— (A) advise the Commissioner and the office concerning the administration of, preparation of general regulations for, and operation of programs assisted under this section; (B) make recommendations to the office with respect to the allocation of funds appropriated pursuant to subsection (d) among the purposes set forth in paragraph (2) of subsection (b) and the criteria to be used in approving applications, which criteria shall insure an appropriate geographical distribution of approved programs and projects throughout the Nation; (C) develop criteria for the review of applications and their disposition; and (D) evaluate programs and projects assisted under this section and disseminate the results thereof.

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ASSISTANCE

SEC. 4. The Secretary of Health, Education, and Welfare, in cooperation with the heads of other agencies with relevant jurisdiction, shall, insofar as practicable upon request, render technical assistance to local educational agencies, public and private nonprofit organizations, institutions of higher education, agencies of local. State, and Federal governments and other agencies deemed by the Secretary to play a role in preserving and enhancing environmental quality and maintaining ecological balance. The technical assistance shall be designed to enable the recipient agency to carry on education programs which are related to environmental quality and ecological balance. S M A L L GRANTS

SEC. 5. (a) In addition to the grants authorized under section 3, the Commissioner, from the sums appropriated, shall have the authority to make grants, in sums not to exceed $10,000 annually, to nonprofit organizations such as citizens groups, volunteer organizations working in the environmental field, and other public and private nonprofit agencies, institutions, or organizations for conducting courses, workshops, seminars, symposiums, institutes, and conferences, especially for adults and community groups (oiher than the group funded). (b) Priority shall be given to those proposals demonstrating innovative approaches to environmental education. (c) For the purposes of this section, the Commissioner shall require evidence that the interested organization or group shall have been in existence one year prior to the submission of a proposal for Federal funds and that it shall submit an annual report on Federal funds expended. (d) Proposals submitted by organizations and groups under this section shall be limited to the essential information required to evaluate them, unless the organization or group shall volunteer additional information. ADMINISTRATION

SEC. 6. I n administering the provisions of this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or private agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon. The Commissioner shall publish annually a list and description of projects supported under this Act and shall distribute such list and description to interested educational institutions, citizens' groups, conservation organizations, and other organizations and individuals involved in enhancing environmental quality and maintaining ecological balance. AUTHORIZATION

SEC. 7. There is authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972-, and $25,000,000 for the fiscal year ending June 30, 1973, for carrying out the purposes of this Act. Approved October 30, 1970.

Limitation.

Report.

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[84

STAT.

Public Law 91-517 October 30, 1970 [S.2846]

Developmental Disabilities Services and Facilities Construction Amendments of 1970.

AN ACT To amend the Mental Retardation Facilities and Community Mental Health Centers Costruction Act of 1963 to assist the States in developing a plan for the provision of comprehensive services to persons affected by mental retardation and other developmental disabilities originating in childhood, to assist the States in the provision of such services in accordance with such plan, to assist in the construction of facilities to provide the services needed to carry out such plan, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SHORT TITLE

1. This Act may be cited as the "Developmental Disabilities Services and Facilities Construction Amendments of 1970". SECTION

TITLE I—GRANTS FOR P L A N N I N G, P R O VI S I O N O F SERVICES, A N D C O N S T R U C T I O N AND OPERATION O F FACILITIES FOR PERSONS W I T H DEVELOPMENTAL DISABILITIES 77 Stat. 282; 81 Stat. 528. 42 USC 26612678d.

SEC. 101. (a) Title I of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, as amended, is amended by striking out the caption and substituting the following: " TITLE I — SERVICES AND F A C I L I T I E S FOR THE MENTALLY RETARDED AND PERSONS W I T H OTHER DEVELOPMENTAL DISABILITIES".

42 USC 26712677.

(b) Part C of the Mental Retardation Facilities Construction Act, as amended, is amended by striking out the caption and sections 131 through 137 and substituting the following: " P A R T C — G R A N T S FOR PLANNING, PROVISION OF SERVICES, AND CONSTRUCTION AND OPERATION or FACILITIES FOR PERSONS W I T H DEVELOPMENTAL DISABILITIES

((DECLARATION

OF PURPOSE

"SEC. 130. The purpose of this part is to authorize— " (a) grants to assist the several States in developing and implementing a comprehensive and continuing plan for meeting the current and future needs for services to persons with developmental disabilities; " (b) grants to assist public or nonprofit private agencies in the construction of facilities for the provision of services to persons with developmental disabilities, including facilities for any of the purposes stated in this section; "(c) grants for provision of services to persons with developmental disabilities, including costs of operation, staffing, and maintenance of facilities for persons with developmental disabilities; " (d) grants for State or local planning, administration, or tecmiical assistance relating to services and facilities for persons with developmental disabilities;

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"(e) grants for training of specialized personnel needed for the provision of services for persons with developmental disabilities, or research related thereto; and "(f) grants for developing or demonstrating new or improved techniques for the provision of services for persons with developmental disabilities. a AUTHORIZATION OF APPROPRIATIONS

"SEC. 131. I n order to make the grants to carry out the purposes of section 130, there are authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1971, $105,000,000 for the fiscal year ending June 30, 1972, and $130,000,000 for the fiscal year ending June 30, 1973. ((STATE ALLOTMENTS "SEC. 132. (a)(1) From the sums appropriated to carry out the purposes of section 130 for each fiscal year, other than amounts reserved by the Secretary for projects under subsection (e), the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of (A) the population, (B) the extent of need for services and facilities for persons with developmental disabilities, and (C) the financial need, of the respective States; except that the allotment of any State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) for any such fiscal year shall not be less than $100,000 plus, if such fiscal year is later than the fiscal year ending June 30, 1971, and if the sums so appropriated for such fiscal year exceed the amount authorized to be appropriated to carry out such purposes for the fiscal year ending June 30, 1971, an amount which bears the same ratio to $100,000 as the difference between the amount so appropriated and the amount authorized to be appropriated for the fiscal year ending June 30, 1971, bears to the amount authorized to be appropriated for the fiscal year ending June 30, 1971. "(2) I n determining, for purposes of paragraph (1), the extent of need in any State for services and facilities for persons with developmental disabilities, the Secretary shall take into account the scope and extent of the services specified, pursuant to section 134(b)(5), in the State plan of such State approved under this part. "(3) Sums allotted to a State for a fiscal year and designated by it for construction and remaining unobligated at the end of such year shall remain available to such State for such purpose for the next fiscal year (and for such year only), in addition to the sums allotted to such State for such next fiscal year: Provided, That if the maximum amount which may be specified pursuant to section 134(b) (15) for a year plus any part of the amount so specified pursuant thereto for the preceding fiscal year and remaining unobligated at the end thereof is not sufficient to pay the Federal share of the cost of construction of a specific facility included in the construction program of the State developed pursuant to section 134(b) (13), the amount specified pursuant to such section for such preceding year shall remain available for a second additional year for the purpose of paying the Federal share of the cost of construction of such facility. "(b) Whenever the State plan approved in accordance with section 134 provides for participation of more than one State agency in administering or supervising the administration of designated portions of the State plan, the State may apportion its allotment amon^ such agencies in a manner which, to the satisfaction of the Secretary, is reasonably related to the responsibilities assigned to such agencies in

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carrying out the purposes of this part. Funds so apportioned to State agencies may be combined with other State or Federal funds authorized to be spent for other purposes, provided the purposes of this part will receive proportionate benefit from the combination. "(c) Whenever the State plan approved in accordance with section 134 provides for cooperative or joint effort between States or between or among agencies, public or private, in more than one State, portions of funds a,llotted to one or more such cooperating States may be combined in accordance with the agreements between the agencies involved. " (d) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State for a fiscal year shall be deemed to be a, part of its allotment under subsection (a) for such fiscal year. "(e) Of the sums appropriated pursuant to section 131, such amount as the Secretary may determine, but not more than 10 per centum thereof, shall be available for grants by the Secretary to public or nonprofit private agencies to pay up to 90 per centum of the cost of projects for carrying out the purposes of section 130 which in his judgment are of special national significance because they will assist in meeting the needs of the disadvantaged with developmental disabilities, or will demonstrate new or improved techniques for provision of services for such persons, or are otherwise specially significant for carrying out the purposes of this title. "NATIONAL ADVISORY COUNCIL ON SERVICES AND FACILITIES FOR THE DEVELOPMENTALLY DISABLED

80 Stat. 378. 5 USC 101 e f s e q.

Membership.

Term of office.

"SEC. 133. (a)(1) Effective July 1, 1971, there is hereby established a National Advisory Council on Services and Facilities for the Development ally Disabled (hereinafter referred to as the 'Council'), which shall consist of twenty members, not otherwise in the regular full-time employ of the United States, to be appointed by the Secretiiry without regard to the provisions of title 5, United States Code, ''

•

•,

x

•

i.n

x-j.*

• 'i

•

governing appointments m the competitive civil service. "(2) The Secretary shall from time to time designate one of the members of the Council to serve as Chairman thereof. u^g^ rp-j^g members of the Council shall be selected from leaders in the fields of service to the mentally retarded and other persons with developmental disabilities, including leaders in State or local government, in institutions of higher education, and in organizations representing consumers of such services. At least five members shall be representative of State or local public or nonprofit private agencies responsible for services to persons with developmental disabilities, and at least five shall be representative of the interests of consumers of such services. " (b) Each member of the Council shall hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and

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except that, of the twenty members first appointed, five shall hold office for a term of three years, five shall hold office for a term of two years, and five shall hold office for a term of one year, as designated by the Secretary at the time of appointment. "(c) I t shall be the duty and function of the Council to (1) advise Duties. the Secretary with respect to any regulations promulgated or proposed to be promulgated by him in the implementation of this title, and (2) study and evaluate programs authorized by this title with a view to determining their effectiveness in carrying out the purposes for which they were established. " (d) The Council is authorized to engage such technical assistance idrasslstinc'e^r'" as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such statistical and other pertinent data prepared by or available to the Department of Health, Education, and Welfare as it may require to carry out such functions. "(e) Members of the Council, while attending meetings or confer- triie7expen*iesl ences thereof or otherwise serving on the business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate provided for GS-18 of the General Schedule for each day of such service ^"'^' ^' ^^^-i. (including travel time), and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service 83^stat^\*9o^^' employed intermittently. "STATE PLANS

"SEC. 134. (a) Any State desiring to take advantage of this part must have a State plan submitted to and approved by the Secretary under this section. "(b) In order to be approved by the Secretary under this section, a Approval, conState plan for the provision of services and facilities for persons with developmental disabilities must— "(1) designate (A) a State planning and advisory council, to be responsible for submitting revisions of the State plan and transmitting such reports as may be required by the Secretary; (B) except as provided in clause (C), the State agency or agencies which shall administer or supervise the administration of the State plan and, if there is more than one such agency, the portion of such plan which each will administer (or the portion the administration of which each will supervise); and (C) a single State agency as the sole agency for administering or supervising the administration of grants for construction under the State plan, except that during fiscal year 1971, the Secretary may waive, in whole or in part, the requirements of this paragraph; "(2) describe (A) the quality, extent, and scope of services being provided, or to be provided, to persons with developmental disabilities under such other State plans for Federally assisted State programs as may be specified by the Secretary, but in any case including education for the handicapped, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, crippled children'services, and comprehensive health and mental health plans, and (B) how funds allotted to the State in accordance with section 132 will be used to complement and augment rather than duplicate or replace services and facilities for persons with developmental disabilities which are eligible for Federal assistance under such other State programs; 47-348 O - 72 - 88 (Pt. 1)

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Annual review.

Records and reports, availability.

Urban or rural poverty area, special assistance.

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[84 STAT.

"(3) set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Secretary, are designed to assure effective continuing State planning, evaluation, and delivery of services (both public and private) for persons with developmental disabilities; "(4) contain or be supported by assurances satisfactory to the Secretary that (A) the funds paid to the State under this part will be used to make a significant contribution toward strengthening services for persons with developmental disabilities in the various political subdivisions of the State in order to improve the quality, scope, and extent of such services; (B) part of such funds will be made available to other public or nonprofit private agencies, institutions, and organizations; (C) such funds will be used to supplement and, to the extent practicable, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; and (D) there will be reasonable State financial participation in the cost of carrying out the State plan; "(5)(A) provide for the furnishing of services and facilities for persons with developmental disabilities associated with mental retardation, (B) specify the other categories of developmental disabilities (approved by the Secretary) which will be included in the State plan, and (C) describe the quality, extent, and scope of such services as will be provided to eligible persons; "(6) provide that services and facilities furnished under the plan for persons with developmental disabilities will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services and the maintenance and operation of such facilities, except that during fiscal year 1971, the Secretary may waive, in whole or in part, the requirements of this paragraph; "(7) provide such methods of administration, including methods relating to the establishment and maintenance of personnel standards on a merit basis (except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods), as are found by the Secretary to be necessary for the proper and efficient operation of the plan; "(8) provide that the State planning and advisory council shall be adequately staffed, and shall include representatives of each of the principal State agencies and representatives of local agencies and nongovernmental organizations and groups concerned with services for persons with developmental disabilities: Provided. That at least one-third of the membership of such council shall consist of representatives of consumers of such services; " (9) provide that the State planning and advisory council will from time to time, but not less often than annually, review and evaluate its State plan approved under this section and submit appropriate modifications to the Secretary; "(10) provide that the State agencies designated pursuant to paragraph (1) will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of such reports; "(11) provide that special financial and technical assistance shall be given to areas of urban or rural poverty in providing services and facilities for persons with deA'elopmental disabilities who are residents of such areas r

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