text:
Page:United States Statutes at Large Volume 89.djvu/406

 89 STAT. 346

Appropriation authorization.

Repeal.

PUBLIC LAW 94-63—JULY 29, 1975 providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and (ii) identified an individual on its staff who is fluent in both that language and in English and whose responsibilities shall include providing guidance to such individuals and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences, "(f) The Secretary may provide (either through the Department of Health, Education, and Welfare or by grant or contract) all necessary technical and other nonfinancial assistance (including fiscal and program management assistance and training in such management) to any public or private nonprofit entity to assist it in developing plans for, and in operating as, a community health center, and in meeting requirements of subsection (e)(2). "(g)(1) There are authorized to be appropriated for payments pursuant to grants under subsection (c) $5,000,000 for fiscal year 1976, and $5,000,000 for fiscal year 1977. "(2) There are authorized to be appropriated for payments pursuant to grants under subsection (d) $215,000,000 for fiscal year 1976, and $235,000,000 for fiscal year 1977.". (b) Section 314(e) of the Public Health Service Act is repealed.

42 USC 246. TITLE VI—MISCELLANEOUS DISEASES BORNE BY RODENTS

42 USC 247b. Appropriation authorization.

SEC. 601. (a) Section 317(h)(1) of the Public Health Service Act is amended W striking out "and R H disease" and inserting in lieu thereof ", R H disease, and diseases borne by rodents". (b) Section 317(d)(3) of such Act is amended by adding at the end thereof the following: "There is authorized to be appropriated for fiscal year 1976 $20,000,000 for grants under this section for communicable and other disease control programs for diseases borne by rodents.". HOME HEALTH SERVICES

Grants. 42 USC 1395x note. 42 USC 1395x.

Application.

SEC. 602. (a)(1) For the purpose of demonstrating the establishment and initial operation of public and nonprofit private agencies (as defined in section 1861(o) of the Social Security Act) which will provide home health services (as defined in section 1861(m) of the Social Security Act) in areas in which such services are not otherwise available, the Secretary of Health, Education, and Welfare may, in accordance with the provisions of this section, make grants to meet the initial costs of establishing and operating such agencies and expanding the services available through existing agencies, and to meet the costs of compensating professional and paraprofessional personnel during the initial operation of such agencies or the expansion of services of existing agencies. (2) In making grants under this subsection, the Secretary shall consider the relative needs of the several States for home health services and preference shall be given to areas within a State in which a high percentage of the population proposed to be served is composed of individuals who are elderly, medically indigent, or both. (3) Applications for grants under this subsection shall be in such form and contain such information as the Secretary shall prescribe by regulation.

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Page:United States Statutes at Large Volume 89.djvu/407

 PUBLIC LAW 94-63—JULY 29, 1975 (4) Payment of grants under this subsection may be made in advance or by way of reimbursement or in installments as the Secretary may determine. (5) There are authorized to be appropriated $8,000,000 for fiscal year 1976 for payments under grants under this subsection. (b)(1) The Secretary of Health, Education, and Welfare may make grants to public and nonprofit private entities to assist them in demonstrating the training of professional and paraprofessional personnel to provide home health services (as defined in section 1861(m) of the Social Security Act). (2) Applications for grants under this subsection shall be in such form and contain such information as the Secretary shall by regulations, prescribe. (3) Payment of grants under this section may be made in advance or by way of reimbursement, or in installments, as the Secretary shall determine. (4) There is authorized to be appropriated $2,000,000 for fiscal year 1976 for payments under grants under this subsection.

89 STAT. 347

Appropriatioa authorization. Grants.

42 USC 1395x. Application.

Appropriation authorization.

COMMITTEE ON MENTAL H E A L T H AND ILLNESS OF THE EIJJERLY

SEC. 603. (a) The Secretary of Health, Education, and Welfare Appointment. shall appoint a Committee on Mental Health and Illness of the Elderly 42 USC 289k-2 (hereinafter in this section referred to as the "Committee") to make note. a study of and recommendations respecting— (1) the future needs for mental health facilities, manpower, research, and training to meet the mental health care needs of elderly persons, (2) the appropriate care of elderly persons who are in mental institutions or who have been discharged from such institutions, and (3) proposals for implementing the recommendations of the 1971 White House Conference on Aging respecting the mental health of the elderly. (b) Within one year from the date of enactment of this Act the Report to Secretary shall report to the Committee on Labor and Public Welfare congressional of the Senate and the Committee on Interstate and Foreign Commerce committees. of the House of Representatives the findings of the Committee under the study under subsection (a) and the Committee's recommendations under such subsection. (c)(1) The Committee shall be composed of nine members Membership. appointed by the Secretary of Health, Education, and Welfare. The Committee shall include at least one member from each of the fields of psychology, psychiatry, social science, social work, and nursing. Each member of the Committee shall by training, experience, or attainments be exceptionally qualified to assist in carrying out the functions of the Committee. (2) Members of the Committee shall receive compensation at a rate eompensation to be fixed by the Secretary, but not exceeding the daily equivalent and travel of the annual rate of basic pay in effect for grade GS-18 of the Gen- expenses. eral Schedule, for each day (including traveltime) during which they 5 USC 5332 note. are engaged in the actual performance of duties vested in the Committee. While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu

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


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Page:United States Statutes at Large Volume 89.djvu/408

 89 STAT. 348

Termination.

PUBLIC LAW 94-63—JULY 29, 1975 of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. (d) The Committee shall cease to exist thirty days after the submission of the report pursuant to subsection (b). COMMISSION FOR CONTROL OF EPILEPSY

Establishment. 42 USC 289 note.

Duties.

Report, transmittal to President and congressional committees. Legislative recommendations. Membership.

Chairman. Vacancies.

Travel expenses.

Compensation and travel expenses. 5 USC 5332 note.

SEC. 604. (a) The Secretary of Health, Education, and Welfare shall establish a temporary commission to be known as the Commission for the Control of Epilepsy and Its Consequences (hereinafter referred to in this section as the "Commission"). (b) It shall be the duty of the Commission to— (1) make a comprehensive study of the state of the art of medical and social management of the epilepsies in the United States; (2) investigate and make recommendations concerning the proper roles of Federal and State governments and national and local public and private agencies in research, prevention, identification, treatment, and rehabilitation of persons with epilepsy; (3) develop a comprehensive national plan for the control of epilepsy and its consequences based on the most thorough, complete, and accurate data and information available on the disorder; and (4) transmit to the President and the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives, not later than one year after the date of enactment of this Act, a report detailing the findings and conclusions of the Commission, together with recommendations for legislation and appropriations, as it deems advisable. (c)(1) The Commission shall be composed of nine members to be appointed by the Secretary of Health, Education, and Welfare. Such members shall be persons, including consumers of health services, who, by reason of experience or training in the medical, social, or educational aspects of the epilepsies, are especially qualified to serve on such Commission. (2) the Secretary shall designate one of the members of the Commission to serve as Chairman and one to serve as Vice Chairman. Vacancies shall be filled in the same manner in which the original appointments were made. Any vacancy in the Commission shall not affect its powers. (3) Any member of the Commission who is otherwise employed by the Federal Government shall serve without compensation in addition to that received in his regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by him in the performance of his duties on the Commission. (4) Members of the Commission, other than those referred to in paragraph (3), shall receive compensation at rates, not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule, for each day (including traveltime) they are engaged in the performance of their duties and, while so serving away from their homes or regular places of business, each member shall be allowed travel expenses, including per diem in lieu of subsistence in the same manner as is authorized by section 5703 of title 5, United

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The Encyclopedia Americana (1920)/Müller, Karl Otfried

MÜLLER, Karl Otfried, German archæologist and philologist: b. Brieg, Silesia, 1797; d. Athens 1 Aug, 1840. The son of a field preacher, his education began at the gymnasium of his native town. He was then sent to Breslau, and afterward went to Berlin, where, as a pupil of Böckh, he devoted himself to the study of the life and art of the ancients. After publishing the ‘Ægineticorum Liber’ (1817) he was appointed instructor in the Magdalum at Breslau. Here he made an elaborate analysis of Greek mythology, separating allegorical inventions from true history. In 1819 he was made professor of philology and in 1823 became professor ordinarius at Göttingen. He was a great traveler, and his writings embrace file whole circle of antiquity. His intention was undoubtedly to concentrate the results of his whole life of scholarly activity in his great work, ‘Geschichte hellenischer Stämme und Städte.’ He only completed two volumes, however: Vol. I, ‘Orchomenos und die Minyer’ (1820), and Vol. II, ‘Die Dorier’ (1824). One of his best-known works, ‘A History of the Literature of Ancient Greece,’ a translation by Lewis and Donaldson from the author's manuscript, was published in London in 1840, and the continuator, Donaldson, published another edition in 1858. His ‘Kunstarchäologische Werke,’ in five volumes (1872-73), is a valuable work. Müller's ‘Æschylus's Eumenides’ (Göttingen 1833) was the object of a profound controversy in which Gottfried Hermann and his followers attacked him with great bitterness. Karl Müller was also prominent as an editor. Consult the biography by F. Ranke (1870).


text:
Page:United States Statutes at Large Volume 89.djvu/409

 PUBLIC LAW 94-63—JULY 29, 1975 States Code, for persons in Government service employed intermittently. (d) The Commission shall cease to exist thirty days after the submission of the final report required by subsection (b)(4).

89 STAT. 349

Termination.

COMMISSION FOR CONTROL OF H U N T I N G TO N ' S DISEASE

SEC. 605. (a) The Secretary of Health, Education, and Welfare shall establish a temporary commission to be known as the Commission for the Control of Huntington's Disease and Its Consequences (hereinafter referred to in this section as the "Commission"). (b) It shall be the duty of the Commission to— (1) make a comprehensive study of the state of the art of medical and social management of Huntington's disease in the United States; (2) investigate and make recommendations concerning the proper roles of Federal and State governments and national and local public and private agencies in research, prevention, identification, treatment, and rehabilitation of persons with Huntington's disease; (3) develop a comprehensive national plan for the control of Huntington's disease and its consequences based on the most thorough, complete, and accurate data and information available on the disorder; and (4) transmit to the President and the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives, not later than one year after the date of enactment of this Act, a report detailing the findings and conclusions of the Commission, together with recommendations for legislation and appropriations, as it deems advisable. (c)(1) The Commission shall be composed of nine members to be appointed by the Secretary of Health, Education, and Welfare. Such members shall be persons, including consumers of health services, who, by reason of experience or training m the medical, social, or educational aspects of Huntington's disease, are especially qualified to serve on such Commission. (2) The Secretary shall designate one of the members of the Commission to serve as Chairman and one to serve as Vice Chairman. Vacancies shall be filled in the same manner in which the original appointments were made. Any vacancy in the Commission shall not affect its powers. (3) Any member of the Commission who is otherwise employed by the Federal Government shall serve without compensation in addition to that received in his regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by him in the performance of his duties on the Commission. (4) Members of the Commission, other than those referred to in paragraph (3), shall receive compensation at rates, not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule, for each day (including travel time) they are engaged in the performance of their duties and. Mobile so serving away from their homes or regular places of business, each member shall be allowed travel expenses, including per diem in lieu of subsistence in the same manner as is authorized by section 5703 of title 5, United

Establishment. 42 USC 289 note.

Duties.

Report, transmittal to President and congressional committees.

Membership.

Chairman. Vacancies.

Travel expenses.

Compensation and travel expenses. 5 USC 5332 note.

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Page:United States Statutes at Large Volume 89.djvu/410

 89 STAT. 350

Termination.

PUBLIC LAW 94-63—JULY 29, 1975 States Code, for persons in Government service employed intermittently. (d) The Commission shall cease to exist thirty days after the submission of the final report required by subsection (b)(4). HEMOPHILIA

PROGRAMS

SEC. 606. Title X I of the Public Health Service Act is amended by adding after part C the following new part: "PART D—HEMOPHILIA PROGRAMS TREATMENT (<

Grants and contracts. 42 USC 300C-21.

Application. Regulations.

CENTERS

"SEC. 1131. (a) The Secretary may make grants to and enter into contracts with public and nonprofit private entities for projects for the establishment of comprehensive hemophilia diagnostic and treatment centers. A center established under this subsection shall provide—• "(1) access to the services of the center for all individuals suffering from hemophilia who reside within the geographic area served by the center; "(2) programs for the training of professional and paraprofessional personnel in hemophilia research, diagnosis, and treatment; "(3) a program for the diagnosis and treatment of individuals suffering from hemophilia who are being treated on an outpatient basis; "(4) a program for association with providers of health care who are treating individuals suffering from hemophilia in areas not conveniently served directly by such center but who are more conveniently (as determined by the Secretary) served by it than by the next geographically closest center; "(5) programs of social and vocational counseling for individuals suffering from the hemophilia; and "(6) individualized written comprehensive care programs for each individual treated by or in association with such center. " (b) No grant or contract may be made under subsection (a) unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. "(c) An application for a grant or contract under subsection (a) shall contain assurances satisfactory to the Secretary that the applicant will serve the maximum number of individuals that its available and potential resources will enable it to effectively serve. "(d) In considering applications for grants and contracts under subsection (a) for projects to establish hemophilia diagnostic and treatment centers, the Secretary shall— "(1) take into account the number of persons to be served by the programs to be supported by such centers and the extent to- which rapid and effective use will be made by such centers of funds under such grants and contracts, and "(2) give priority to projects for centers which will operate in areas which the Secretary determines have the greatest number of persons in need of the services provided by such centers.

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Page:United States Statutes at Large Volume 89.djvu/411

 PUBLIC LAW 94-63—JULY 29, 1975 "(e) Contracts may be entered into under subsection (a) without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 629; 41 U.S.C. 5). "(f) There are authorized to be appropriated to make payments under grants and contracts under subsection (a) $3,000,000 for fiscal year 1976, and $4,000,000 for fiscal year 1977. u BLOOD SEPARATION

89 STAT. 351

Appropriation authorization.

CENTERS

"SEC. 1132. (a) The Secretary may make grants to and enter into contracts with public and nonprofit private entities for projects to develop and expand, within existing facilities, blood-separation centers to separate and make available for distribution blood components to providers of blood services and manufacturers of blood fractions. For purposes of this section— "(1) the term 'blood components' means those constituents of whole blood which are used for therapy and which are obtained by physical separation processes which result in licensed products such as red blood cells, platelets, white blood cells, AHF-rich plasma, fresh-frozen plasma, cryoprecipitate, and single unit plasma for infusion; and "(2) the term 'blood fractions' means those constituents of plasma which are used for therapy and which are obtained by licensed fractionation processes presently used in manufacturing which result in licensed products such as normal serum albumin, plasma, protein fraction, prothrombin complex, fibrinogen, A H F concentrate, immune serum globulin, and hyperimmune globulins. "(b) In the event the Secretary finds that there is an insufficient supply of blood fractions available to meet the needs for treatment of persons suffering from hemophilia, and that public and other nonprofit private centers already engaged in the production of blood fractions could alleviate such insufficiency with assistance under this subsection, he may make grants not to exceed $500,000 to such centers for the purposes of alleviating the insufficiency. "(c) No grant or contract may be made under subsection (a) or (b) unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be in such form, siibmitted in such manner, and contain such information as the Secretary shall by regulation prescribe. "(d) Contracts may be entered into under subsection (a) without regard to section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.5). "(e) For the purpose of making payments under grants and contracts under subsections (a) and (b), there are authorized to be appropriated $4,000,000 for fiscal year 1976, and $5,000,000 for fiscal year 1977.".

Grants and contracts. 42 USC 300C-22.

"Blood components."

"Blood fractions.

Application. Regulations.

Appropriation authorization.

TECHNICAL AMENDMENTS

SEC. 607. (a) Section 399c of the Public Health Service Act (added by Public Law 93-222) is redesignated as section 399A. (b) The section 472 of the Public Health Service Act entitled "Peer Review of Grant Applications and Control Projects" is redesignated as section 475. (c) The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act.

42 USC 280c. 42 USC 289Z-4.

Effective date. 42 USC 280c note.

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Page:United States Statutes at Large Volume 89.djvu/412

 89 STAT. 352

PUBLIC LAW 94-63—JULY 29, 1975 EFFECTIVE DATE

42 USC 247b note. Ante, pp. 304, 306, 308, 334, 342. Infra.

SEC. 608. Except as may otherwise be specifically provided, the amendments made by this title and by titles I, II, III, IV, and V of this Act shall take effect July 1, 1975. The amendments made by this title and by such titles to the provisions of law amended by this title and by such titles are made to such provisions as amended by title VII of this Act. TITLE VII—EXTENSION OF CURRENT A U T H O R I T I E S THROUGH FISCAL YEAR 1975

SEC. 701. (a) Section 314(d)(1) of the Public Health Service Act (relating to grants for comprehensive public health services) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (b)(1) The first sentence of section 314(e) of such Act (relating to project grants for health services development) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (2) The next to last sentence of such section is amended (A) by striking out "1974" and inserting "1975", and (B) by striking out "title I of the Health Programs Extension Act of 1973" and inserting in lieu thereof "title VII of the Health Revenue Sharing and Health Services Act of 1975". (c) Section 319 of such Act (relating to migrant health) is amended 42 USC 247d. by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (d) Section 1001(c), 1003(b), 1004(b), and 1005(b) of title X of 42 USC 300, such Act (relating to population research and family planning) are 300a.l-300a-3. each amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (e)(1) Section 201 of the Community Mental Health Centers Act 42 USC 2681. (relating to grants for construction) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". 42 USC 2687. (2) Section 207 of such Act is amended by striking out "1974" and inserting "1975". 42 USC 2688a. (3) Section 221(b) of such Act is amended by striking out "1974" each place it occurs and inserting in lieu thereof "1975". 42 USC 2688d. (4) Section 224(a) of such Act (relating to staffing grants) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". 42 USC 2688J-1. (5)(A) Section 246 of such Act (relating to alcoholism programs) is amended by striking out "1974" and inserting in lieu thereof "1975". 42 USC 2688i-2. (B) Section 247(d) of such Act is amended by striking out "and June 30, 1974" and inserting in lieu thereof "June 30, 1974, and June 30, 1975". 42 USC 2688Z. (6)(A) Section 252 of such Act (relating to drug abuse programs) is amended by striking out "1974" and inserting in lieu thereof "1975". 42 USC 246.

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Page:United States Statutes at Large Volume 89.djvu/413

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 353

(B) Section 253(d) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (C) Section 256(e) of such Act is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (7) Section 261 of such Act (relating to authorizations for alcoholism and drug abuse programs) is amended (A) by striking out "for the fiscal year ending June 30, 1974" in subsection (a) and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975", and (B) by striking out "1974" m subsection (b) and inserting in lieu thereof "1975". (8) Section 271(d) of such Act (relating to mental health of children) is amended (A) by striking out "for the fiscal year ending June 30, 1974" in paragraph (1) and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975", and (B) by striking out "1974" in paragraph (2) and inserting in lieu thereof "1975".

42 USC 2688/-1. 42 USC 2688n-l. 42 USC 268So.

42 USC 2688u.

TITLE VIII—NATIONAL H E A L T H SERVICE CORPS EXTENSION OF CURRENT AUTHORITY THROUGH FISCAL YEAR 1976

SEC. 801. Subsection (h) of section 329 of the Public Health Service Act is amended— 42 USC 254b. (1) by striking out "and" after "1973;", and (2) by adding before the period at the end the following: "; $16,000,000 for the fiscal year ending June 30, 1975; and $30,000,000 for the fiscal year ending June 30, 1976". GRANTS AND SALES OR TRANSFERS OF PROPERTY

SEC. 802. Subsection (d) of such section is amended by redesignat- 42 USC 254b. ing paragraph (2) as paragraph (4) and inserting after paragraph (1) the following new paragraphs: "(2) The Secretary may make a grant to any applicant with-an approved application for the assignment of Corps personnel to assist the entity in meeting the costs of establishing medical practice management systems for Corps personnel, acquiring supplies and equipment for their use in providing health services, and other expenses related to the provision of health services. Not more than one grant may be made with respect to any one health manpower shortage area designated under subsection (b)(1). No grant may be made under this paragraph unless an application therefor is submitted to, and approved by, the Secretary. The amount of any grant shall be determined by the Secretary, except that no grant may exceed $25,000. "(3) Upon the expiration of the assignment of Corps personnel to provide health services for the residents of a critical health manpower shortage area, the Secretary (notwithstanding any other provision of law) may (A) sell (at fair market value (as determined by the Secretary)) to the entity which submitted the last approved application for the assignment of Corps personnel for such area equipment and supplies of the United States utilized by such personnel in providing health services or (B) if the Secretary determines that the entity is financially unable to purchase such supplies or equipment at their fair market value, sell to such entity such supplies or equipment at less than fair market value or transfer such supplies or equipment to the entity.".

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Page:United States Statutes at Large Volume 89.djvu/414

 89 STAT. 354

PUBLIC LAW 94-63—JULY 29, 1975 THIRD PARTY P A Y M E N T COLLECTIONS

42 USC 254b.

Waiver.

Nurse Training

Act of 1975.

SEC. 803. Paragraph 2 of subsection (b) of such section is amended (I) by striking out the last 2 sentences of subparagraph (C), and (2) by adding after subparagraph (C) the following new subparagraph: "(D)(i) The Secretary shall require as a condition to the approval of an application for the assignment of Corps personnel that the entity which submits the application enter into an appropriate arrangement with the Secretary under which the entity shall take such action as may be reasonable for the collection of payments for health services provided by Corps personnel, including if a Federal agency, an agency of a State or local government, or other third party would be responsible for payment of all or part of the cost of such health services if it had not been provided by Corps personnel under this section, the collection, on a fee-for-service or other basis, from such agency or third party the portion of such cost for which it would be so responsible (and in determining the amount of such cost which such agency or third party would he responsible, the health services provided by Corps personnel shall be considered as being provided by private practitioners). "(ii) Any funds collected by an entity under clause (i) shall be paid to the Secretary for deposit in the Treasury as miscellaneous receipts. Such funds shall be disregarded in determining (I) the amounts of appropriations to be requested under subsection (h), and (II) the amounts to be made available from appropriations under such subsection to carry out this section. The Secretary may waive in whole or in part the application of the requirement of the first sentence to an entity if he determines that compliance with such requirement would unduly limit the ability of the entity to maintain the quality or level of nealth services provided by Corps personnel.". TITLE IX—NUKSE TRAINING SHORT TITLE;

42 USC 296 note.

42 USC 201 note.

R E F E R E N C E TO

ACT

SEC. 901. (a) This title may be cited as the "Nurse Training Act of 1975". (b) Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. PART A—ONE-YEAR EXTENSION EXTENSION OF EXISTING AUTHORITIES THROUGH FISCAL YEAR 19 7 5

42 USC 296.

42 USC 296e.

42 USC 296g.

SEC. 902. (a) Section 801 (relating to construction grants) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (b) Section 806(i) (relating to capitation grants) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (c) Section 808 (relating to special project grants and contracts and financial distress grants) is amended by striking out "for the fiscal year ending June 30, 1974" each place it occurs and inserting

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Page:United States Statutes at Large Volume 89.djvu/415

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 355

in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (d) Section 809 (relating to loan guarantees and interest subsidies) 42 USC 296d. is amended— (1) by striking out "1974" in subsections (a) and (b) and inserting in lieu thereof "1975", and (2) by striking out "in the fiscal year ending June 30, 1974" in subsection (e) and inserting in lieu thereof "m the fiscal year ending June 30, 1974, or in the next fiscal year". (e) Section 810(d) (relating to start-up grants) is amended by 42 USC 296i. striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". (f) Section 850 (relating to scholarships) is amended— 42 USC 298c. (1) by striking out "next two fiscal year" in subsection (b) and inserting in lieu thereof "next three fiscal years", (2) by striking out "1975" in that subsection and inserting in lieu thereof "1976", (3) by striking out "1974" in that subsection and inserting in lieu thereof "1975", (4) by striking out "the next two fiscal years" in subsection (c)(1)(A) and inserting in lieu thereof "the next three fiscal years", (5) by striking out "1974" in subsection (c)(1)(B) and inserting in lieu thereof "1975", and (6) by striking out "1975" in that subsection and inserting in lieu thereof "1976". (g) Section 868(b) (relating to recruitment programs) is amended 42 USC 298c-7. by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, and June 30, 1975". PART B—REVISION AND EXTENSION or PROGRAMS THROUGH FISCAL YEAR 1978

Subpart 1—Effective Date EFFECTIVE DATE

SEC. 905. Except as may otherwise be specifically provided, the 42 USC 296 note, amendments made by this part shall take effect July 1, 1975. The amendments made by this part to provisions of title VIII of the Public Health Service Act (hereinafter in this part referred to as the "Act") are made to such provisions as amended by part A of this title. Subpart 2—Construction Assistance EXTENSION OF GRANTS AND LOAN GUARANTEES AND INTEREST SUBSIDIES

SEC. 910. (a)(1) Section 801 ^is amended hj striking out "and" 42 USC 296. after "1973,"; and by inserting before the period a comma and the following: "$20,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $20j000,000 for fiscal year 1978". (2) Effective with respect to grants for construction projects under part A of title VIII of the Act made from appropriations under section 801 of the Act, section 802(c)(1)(A) is amended (A) by inserting 42 USC 296a. " (i) " after "proposed facilities", and (B) by inserting before the semi-

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Page:Hockey, Canada's Royal Winter Game.djvu/96

 is taxed in the second half of the match, and stick-handling is a necessary quality whenever the player has the puck.

"The centre player, the right and the left wing men must stick closely to their positions, but the rover, as his name indicates, may use his judgment as to what particular place is most in need of extra help. If the defence be weak or crippled, the rover should lend his aid to that part of the team when he is not absolutely needed by the forwards, but he should also follow up every rush that is made by the latter. He should be the busiest man on the team, because, as a forward, he must attack, and follow up every attack on his opponents' goals; he should also be the particular player to return to help his own defence against every rush by his adversaries.

"It is necessary that a forward should be in the 'pink of condition,' and that he should take great care of himself in practice, because even the slightest injury will proportionately lessen his usefulness. Besides the ordinary training, it is advisable to diet, in order to get into the proper condition. 'Early to bed, early to rise,' should be a player‘s maxim, because sleep before midnight is much more beneficial than it is after that time.

"Dodging depends upon the ingenuity of a player, and no rule can be laid down to


text:
Page:United States Statutes at Large Volume 89.djvu/416

 89 STAT. 356

42 USC 296d.

Effective date. 42 USC 296d °°*®" ^"/'•"-

42 USC 296d.

42 USC 296d.

PUBLIC LAW 94-63—JULY 29, 1975 colon ", or (ii) in expanding the capacity of the school to provide graduate training". (b)(1)(A) Subsections (a) and (b) of section 809 are each amended by striking out "June 30, 1975" and inserting in lieu thereof "September 30, 1978". (B)(i) The last sentence of subsection (a) of section 809 is amended (I) by striking out " (1) " and ( II) by striking out all after "the project" and inserting in lieu thereof a period. (ii) The amendment made by clause (i) shall apply with respect to loans guaranteed under subpart I of part A of title VIII of the Act after the date of the enactment of this Act. (2) The second sentence of subsection (e) of such section is amended

(A) by striking out "and" after "1973,", and (B) by inserting after "the next fiscal year" a comma and the following: "$1,000,000 in fiscal year 1976, $1,000,000 in fiscal year 1977, and $1,000,000 in fiscal year 1978". (c)(1) Subsection (a) of section 809 is amended by inserting "or the Federal Financing Bank" and "non-Federal lenders". (2) Subsection (b) of section 809 is amended by inserting "or the Federal Financing Bank" after "non-Federal lender". TECHNICAL

42 USC 296.

AMENDMENTS

SEC. 911. (a)(1) Title VIII is amended by inserting after the heading for part A the following: "Subpart I—Construction Assistance".

42 USC 296d.

(2) The heading for part A is amended by striking out "GRANTS" and inserting in lieu thereof "ASSISTANCE". (b) Section 809 is inserted after section 804 and is redesignated as section 805. Subpart 3—Capitation Grants EXTENSION AND REVISION or CAPITATION GRANTS

42 USC 296e.

Repeal.

SEC. 915. (a) Section 806(a) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1) Each collegiate school of nursing shall receive $400 for each undergraduate full-time student enrolled in each of the last two years of such school in such year. "(2) Each associate degree school of nursing shall receive (A) the product of $275 and one-half of the number of full-time students enrolled in the first year of such school in such year, and (B) $275 for each full-time student enrolled in the last year of such school in such year. "(3) Each diploma school of nursing shall receive $250 for each full-time student enrolled in such school in such year.". (b) Subsections (c), (d), (e), and (f) of section 806 are repealed and the following new subsection is inserted after subsection (b): "(c)(1) REQUIREMENTS FOR GRANTS.—The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless the application for such grant contains or is supported by reasonable assurances satisfactory to the Secretary that— " (A) the first-year enrollment of full-time students in the school in the school year beginning after the fiscal year in which the grant

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Page:United States Statutes at Large Volume 89.djvu/417

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 357

applied for is to be made will not be less than the first-year enrollment of such students in the school in the preceding school year; and "(B) that the school will expend in carrying out its function as a school of nursing, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purposes (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The requirement of subparagraph (A) shall be in addition to the requirements of section 802(b)(2)(D), where applicable. 42 USC 296a. "(2) The Secretary shall not make a grant under subsection (a) to any school of nursing in a fiscal year beginning after June 30, 1975, unless one of the following requirements is met: "(A) The application for such grant shall contain or be supported by reasonable assurances satisfactory to the Secretary that for the school year beginning after the close of the fiscal year in which such grant is to be made and for each school year thereafter beginning in a fiscal year in which such a grant is made the first year enrollment of full-time students in such school will exceed the number of such students enrolled in the school year beginning during the fiscal year ending June 30, 1975— "(i) by 10 per centum of such number if such number was not more than one hundred, or "(ii) by 5 per centum of such number, or ten students, whichever is greater, if such number was more than one hundred. "(B) The school has provided reasonable assurance satisfactory to the Secretary that it will carry out, in accordance with a plan submitted by the school to the Secretary and approved iDy him, at least two of the following programs in the school year beginning after the close of the fiscal year in which such grant is to be made and in each school year thereafter beginning in a fiscal year in which such a grant is made: " (i) In the case of collegiate schools of nursing, a program for the training of nurse practitioners (as defined in section 822). Posf, p. 361,. "(ii) A program under which students enrolled in a school of nursing will receive a significant portion of their clinical training in community health centers, long-term care facilities, and ambulatory care facilities geographically remote from the main site of the teaching facilities of the school. "(iii) A program for the contmuing education of nurses which meets needs identified by appropriate State, regional, or local health or educational entities (including health systems agencies). "(iv) A program to identify, recruit, enroll, retain, and graduate individuals from disadvantaged backgrounds (as determined in accordance with criteria prescribed by the Secretary) under which program at least 10 per centum of each year's entering class (or ten students, whichever is greater) is comprised of such individuals.".

57-194 O - 77 - 27

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Page:United States Statutes at Large Volume 89.djvu/418

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 358 42 USC 296e.

Appropriation authorization.

(c)(1) Section 8 0 6 (i)(l) is amended by striking out " and " after "1973," and by inserting before "for g r a n t s " the following: "$50,000,000 for fiscal year 1976, $55,000,000 for fiscal year 1977, and $55,000,000 for fiscal year 1978". (d) For fiscal year 1976, and for each of the next two fiscal years, there are authorized to be appropriated such sums as may be necessary to continue to make annual g r a n t s to schools of nursing under section 806(a) of the Act (as in effect on June 30, 1975) based on the number of enrollment bonus students (determined in accordance with subsections (c) and (d) of section 806 of the Act (as so in effect)) enrolled in such schools who were first-year students in such schools for school years beginning before June 30, 1975. TECHNICAL AMENDMENTS

42 USC 296e.

Ante, p. 356.

SEC. 916. (a) Subsections (g), (h), and (i) of section 806 are redesignated as subsections (d), (e), and (f), respectively. (b) Subsection (b) of such section is amended by striking out "subsection (i) " and inserting in lieu thereof "subsection (f) ". (c) Title VIII is amended by inserting after section 805 (as so redesignated by section 102(b) of this Act) the following: " Subpart II—Capitation Grants". EFFECTIVE DATE

42 USC 296e note. Post, p. 365.

SEC. 917. The amendments made by this subpart shall take effect with respect to g r a n t s made under section 806 (redesignated as section 810 by part C of this title) of the Act from appropriations under such section for fiscal years beginning after June 30, 1975. Subpart 4—Financial Distress Grants EXTENSION OF FINANCIAL DISTRESS GRANT PROGRAM

42 USC 296f.

SEC. 921. Title VIII is amended by inserting after section 807 the following: " Subpart III — F i n a n c i a l Distress G r a n t s "FINANCIAL DISTRESS GRANTS

42 USC 296j.

" SEC. 815. (a) The Secretary may make g r a n t s to assist public or nonprofit private schools of nursing which are in serious financial straits to meet operational costs required to maintain quality educational program s or which have special need for financial assistance to meet accreditation requirements. Any such g r a n t may be made upon such terms and conditions as the Secretary determines to be reasonable and necessary, including requirements that the school agree (1) to disclose any financial information or data deemed by the Secretary to be necessary to determine the sources or causes of that school's financial distress, (2) to conduct a comprehensive cost analysis study in cooperation with the Secretary, and (3) to carry out appropriate operational and financial reforms on the basis of information obtained in the course of the comprehensive cost analysis study or on the basis of other relevant information.

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Page:United States Statutes at Large Volume 89.djvu/419

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 359

"(b)(1) No grant may be made under subsection (a) unless an Application, application therefor is submitted to and approved by the Secretary. The Secretary may not approve or disapprove such an application except after consultation with the National Advisory Council on Nurse Training. "(2) An application for a grant under subsection (a) must contain or be supported by assurances satisfactory to the Secretary that the applicant will expend in carrying out its functions as a school of nursing, during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the three fiscal years immediately preceding the fiscal year for which such grant is sought. The Secretary may, after consultation with the National Advisory Council on Nurse Training, waive the requirement of the preceding sentence with respect to any school if he determines that the application of such requirement to such school would be inconsistent with the purposes of subsection (a). "(c) For payments under grants under this section there are author- Appropriation ized to be appropriated $5,000,000 for fiscal year 1976, $5,000,000 for authorization. fiscal year 1977, and $5,000,000 for fiscal year 1978.". TECHNICAL AMENDMENT

SEC. 922. Sections 805 and 808 (as in effect on June 30, 1975) are Repeals, repealed. 42 USC 296d, Subpart 5—Special Project Assistance ^' SPECIAL PROJECT GRANTS AND CONTRACTS

SEC. 931. (a) Title VIII is amended by inserting after subpart III of part A (as added by section 921 of this title) the following: ^f^te, p. 358.. "Subpart IV—Special Projects a SPECIAL PROJECT GRANTS AND CONTRACTS

"SEC. 820. (a) The Secretary may make grants to public and non- 42 USC 296k. profit private schools of nursing and other public or nonprofit private entities, and enter into contracts with any public or private entity, to meet the costs of special projects to— "(1) assist in— "(A) mergers between hospital training programs or between hospital training programs and academic institutions, or "(B) other cooperative arrangements among hospitals and academic institutions, leading to the establishment of nurse training programs; "(2)(A) plan, develop, or establish new nurse training programs or programs of research in nursing education, or " (B) significantly improve curricula of schools of nursing (including curriculums of pediatric nursing and geriatric nursing) or modify existing programs of nursing education; "(3) increase nursing education opportunities for individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary, by—

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Page:United States Statutes at Large Volume 89.djvu/420

 89 STAT. 360

Federal agencies, assistance.

Application.

PUBLIC LAW 94-63—JULY 29, 1975 "(A) identifying, recruiting, and selecting such individuals, "(B) facilitating the entry of such individuals into schools of nursing, "(C) providing counseling or other services designed to assist such individuals to complete successfully their nursing education. "(D) providing, for a period prior to the entry of such individuals into the regular course of education at a school of nursing, preliminary education designed to assist them to complete successfully such regular course of education, " (E) paying such stipends (including allowances for travel and dependents) as the Secretary may determine for such individuals for any period of nursing education, and " (F) publicizing, especially to licensed vocational or practical nurses, existing sources of financial aid available to persons enrolled in schools of nursing or who are undertaking training necessary to qualify them to enroll in such schools; " (4) provide continuing education for nurses; "(5) provide appropriate retraining opportunities for nurses who (after periods of professional inactivity) desire again actively to engage in the nursing profession; "(6) help to increase the supply or improve the distribution by geographic area or by specialty group of adequately trained nursing personnel (including nursing personnel who are bilingual) needed to meet the health needs of the Nation, including the need to increase the availability of personal health services and the need to promote preventive health care; "(7) provide training and education to upgrade the skills of licensed vocational or practical nurses, nursing assistants, and other paraprof essional nursing personnel; or "(8) assist in meeting the costs of developing short-term (not to exceed 6 months) in-service training programs for nurses aides and orderlies for nursing homes, which programs emphasize the special problems of geriatric patients and include training for monitoring the well-being and feeding and cleaning of the patients in nursing homes, emergency procedures, drug properties and interactions, and fire safety techniques. Contracts may be entered into under this subsection without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5). "(b) The Secretary may, with the advice of the National Advisory Council on Nurse Training, provide assistance to the heads of other departments and agencies of the Government to encourage and assist in the utilization of medical facilities under their jurisdiction for nurse training programs. "(c) No grant or contract may be made under this section unless an application therefor has been submitted to and approved by the Secretary. The Secretary may not approve or disapprove such an application except after consultation with the National Advisory Council on Nurse Training. Such an application shall provide for such fiscal control and accounting procedures and reports, and access to the records of the applicant, as the Secretary may require to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section.

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Page:United States Statutes at Large Volume 89.djvu/421

 PUBLIC LAW 94-63—JULY 29, 1975 "(d) For payments under grants and contracts under this section there are authorized to be appropriated $15,000,000 for fiscal year 1976, $15,000,000 for fiscal year 1977, and $15,000,000 for fiscal year 1978. Not less than 10 per centum of the funds appropriated under this subsection for any fiscal year shall be used for payments under grants and contracts to meet the costs of the special projects described in subsection (a)(3).

89 STAT. 361 Appropriation authorization,

"ADVANCED NURSE TRAINING PROGRAMS

"SEC. 821. (a)(1) The Secretary may make grants to and enter into Grants and contracts with public and nonprofit private collegiate schools of contracts. 42 USC 296/:. nursing to meet the costs of projects to— "(A) plan, develop, and operate, "(B) significantly expand, or "(C) maintain existing, programs for the advanced training of professional nurses to teach in the various fields of nurse training, to serve in administrative or supervisory capacities, or to serve in other professional nursing specialties (including service as nurse clinicians) determined by the Secretary to require advanced training. "(b) For payments under grants and contracts under this section Appropriation there are authorized to be appropriated $15,000,000 for fiscal year 1975, authorization. $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978. "NURSE PRACTITIONER PROGRAMS

"SEC. 822. (a)(1) The Secretary may make grants to and enter into contracts with public or nonprofit private schools of nursing, medicine, and public health, public or nonprofit private hospitals, and other public or nonprofit private entities to meet the cost of projects to— "(A) plan, develop, and operate, "(B) significantly expand, or "(C) maintain existing, programs for the training of nurse practitioners. The Secretary shall give special consideration to applications for grants or contracts for programs for the training of nurse practitioners which emphasize training respecting the special problems of geriatric patients and training to meet the particular needs of nursing home patients. "(2)(A) For purposes of this section, the term 'programs for the training of nurse practitioners' means educational programs for registered nurses (irrespective of the type of school of nursing in which the nurses received their training) which meet guidelines prescribed by the Secretary in accordance with subparagraph (B) and which have as their objective the education of nurses (including pediatric and geriatric nurses) who will, upon completion of their studies in such programs, be qualified to effectively provide primary health care, including primary health care in homes and in ambulatory care facilities, long-term care facilities, and other health care institutions. "(B) After consultation with appropriate educational organizations and professional nursing and medical organizations, the Secretary shall prescribe guidelines for programs for the training of nurse practitioners. Such guidelines shall, as a minimum, require that such a program— "(i) extend for at least one academic year and consist of— " (I) supervised clinical practice, and

Grants and contracts. 42 USC 296rQ.

"Programs for the training of nurse practitioners."

Guidelines.

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Page:United States Statutes at Large Volume 89.djvu/422

 89 STAT. 362

Appropriation authorization. Repeals.

42 USC 296i, 298C-7. 42 USC 296m note. Ante, p. 359.

PUBLIC LAW 94-63—JULY 29, 1975 " (II) at least four months (in the aggregate) of classroom instruction, directed toward preparing nurses to deliver primary health care; and "(ii) have an enrollment of not less than eight students. "(b) No grant may be made or contract entered into for a project to plan, develop, and operate a program for the training of nurse practitioners unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program will upon its development meet the guidelines which are in effect under subsection (a)(2)(B); and no grant may be made or contract entered into for a project to expand or maintain such a program unless the application for the grant or contract contains assurances satisfactory to the Secretary that the program meets the guidelines which are in effect under such subsection. "(c) The costs for which a grant or contract under this section may be made may include costs of preparation of faculty members in order to conform to the guidelines established under subsection (a] (2)(B). "(d) For payments under grants and contracts under this section there are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978.". (b) Sections 810 and 868 are repealed. GUIDELINES FOR NURSE PRACTITIONER TRAINING PROGRAMS

SEC. 932. The Secretary of Health, Education, and Welfare shall within ninety days of the date of the enactment of this Act prescribe the guidelines for nurse practitioner programs specified in section 822(a) of the Act (as added by section 931 of this title). Subpart 6—Assistance to Nursing Students EXTENSION OF TRAINEESHIPS

Appropriation authorization. 42 USC 297.

SEC. 935. (a) Subsection (a) of section 821 (as in effect on June 30, 1975) is amended to read as follows: " (a) There are authorized to be appropriated $15,000,000 for fiscal year 1976, $20,000,000 for fiscal year 1977, and $25,000,000 for fiscal year 1978, to cover the costs of traineeships for the training of professional nurses— "(1) to teach in the various fields of nurse training (including practical nurse training), "(2) to serve in administrative or supervisory capacities, " (3) to serve as nurse practitioners, or "(4) to serve in other professional nursing specialties determined by the Secretary to require advanced training.", (b) Effective with respect to grants under section 821 of the Act from appropriations under such section for fiscal years beginning after June 30, 1975, subsection (b) of section 821 (as so in effect) is amended by adding at the end thereof the following: "In making grants for traineeships under this section, the Secretary shall give special consideration to applications for traineeship programs which conform to guidelines established by the Secretary under section 822(a)(2)(B).". E X T E N S I O N O F STUDENT LOAN PROGRAM

42 USC 297a.

SEC. 936. (a) Section 822(b)(4) (as in effect on June 30, 1975) is amended by striking out "July 1, 1975" and inserting in lieu thereof "October 1, 1978".

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text: Popular Science Monthly/Volume 31/July 1887/The Task of American Botanists


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Page:United States Statutes at Large Volume 89.djvu/423

 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 363

(b) Effective with respect to periods of training to be a nurse anesthetist undertaken on or after the date of the enactment of this Act, section 823(b)(2)(B) is amended by inserting "(or training to be a 42 USC 297b. nurse anesthetist)" after "professional training in nursing". 42 USC 297c. (c) Section 824 is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS FOR STUDENT LOAN FUNDS

"SEC. 824. There are authorized to be appropriated for allotments under section 825 to schools of nursing for Federal capital contributions to their student loan funds established under section 822, $25,000,000 for fiscal year 1976, $30,000,000 for fiscal year 1977, and $35,000,000 for fiscal year 1978. For fiscal year 1979, and for each of the next two succeeding fiscal years there are authorized to be appropriated such sums as may be necessary to enable students who have received a loan for any academic year ending before October 1, 1978, to continue or complete their education.". (d) Section 826 is amended (1) by striking out "June 30, 1977" each place it occurs and inserting in lieu thereof "September 30, 1980", and (2) by striking out "September 30, 1977" in subsection (b) and inserting in lieu thereof "December 31, 1980". (e)(1) Section 827 is repealed. (2) The nurse training fund created within the Treasury by section 827(d)(1) of the Act shall remain available to the Secretary of Health, Education, and Welfare for the purpose of meeting his responsibilities respecting participations in obligations acquired under section 827 of the Act, The Secretary shall continue to deposit in such fund all amounts received by him as interest payments or repayments of principal on loans under such section 827. If at any time the Secretary determines the moneys in the funds exceed the present and any reasonable prospective further requirements of such fund, such excess may be transferred to the general fund of the Treasury. (3) There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to enable the Secretary to make payments under agreements entered into under section 82^ (b) of the Act before the date of the enactment of this Act.

42 USC 297d. 42 USC 297a.

42 USC 297e.

Repeal. 42 USC 297f. 42 USC 297f note.

Appropriation authorization. 42 USC 297f note.

EXTENSION OF SCHOLARSHIP PROGRAM

SEC. 937. Section 860 is amended— 42 USC 297j. (1) by striking out "1972, and for each of the next three fiscal years" in subsection (b) and in subsection (c)(1)(A) inserting in lieu thereof "1976, and for each of the next two fiscal years"; (2) by striking out "June 30, 1976" in the second sentence of subsection (b) and in subsection (c)(1)(B) and inserting in lieu thereof "September 30, 1979"; and (3) by striking out "July 1, 1975" in the second sentence of subsection (b) and in subsection (c)(1)(B) and inserting in lieu thereof "October 1, 1978". PART C—TECHNICAL AND CONFORMING AMENDMENTS TECHNICAL AND CONFORMING AMENDMENTS

SEC. 941. (a)(1) Section 802 is amended— 42 USC 296a. (A) by striking out "this part" each place it occurs and inserting in lieu thereof "this subpart";

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Page:United States Statutes at Large Volume 89.djvu/424

 89 STAT. 364 42 USC 296a.

Construction grants. 42 USC 296b.

42 USC 296c.

42 USC 296d.

PUBLIC LAW 94-63—JULY 29, 1975 (B) by striking out "subsection 806(e) of this Act " in subsection (b)(2) and inserting in lieu thereof "section 8 1 0 (c) "; (C) by striking out paragraph (5) of subsection (b) and inserting in lieu thereof the following: " (5) the application contains or is supported by adequate assurances that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a— 276a-5, known as the Davis-Bacon Act), and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization P l a n Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. A p p e n d i x) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)."; (D) by striking out "section 841 (hereinafter in this part referred to as the ' C o u n c i l ') " in the first sentence following paragraph (5) of subsection (b) and inserting in lieu thereof "section 8 5 1 "; (E) by striking out the second sentence following such paragraph; and (F) by striking out "above in paragraph (A) " in subsection (c)(1)(B) and inserting in lieu thereof "in subparagraph (A) ". (b)(1) Subsection (a) of section 803 is amended to read as follows: " (a) The amount of any g r a n t for a construction project under this subpart shall be such amount as the Secretary determines to be appropriate after obtaining the advice of the National Advisory Council on Nurse T r a i n i n g; except that— " (1) in the case of a grant— " (A) for a project for a new school, " (B) for a project for new facilities for an existing school in cases where such facilities are of particular importance in providing a major expansion of t r a i n i n g capacity, as determined in accordance with regulations, or " (C) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment, the amount of such g r a n t may not exceed 75 per centum of the necessary cost of construction, as determined by the Secretary, of such project; and " (2) in the case of a g r a n t for any other project, the amount of such g r a n t may not, except where the Secretary determines that unusual circumstances make a larger percentage (which may in no case exceed 75 per centum) necessary in order to effectuate the purposes of this subpart, exceed 67 per centum of the necessary cost of construction, as so determined, of the project with respect to which the g r a n t is made.". (2) Subsections (b) and (c) of section 803 are each amended by striking out "this part " and inserting in lieu thereof "this subpart". (c) Section 804 is amended (1) by striking out "this part " and inserting in lieu thereof "this subpart", and (2) by redesignating paragraph s (a), (b), and (c) as paragraph s (1), (2), and (3), respectively. (d) Section 805 (as redesignated by section 9 1 1 (b)) is amended by striking out "this part " each place it occurs and inserting in lieu thereof "this subpart".

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Page:United States Statutes at Large Volume 89.djvu/425

 PUBLIC LAW 94-63—JULY 29, 1975 (e) Section 806 is redesignated as section 810. (f) Section 807 is redesignated as section 811 and is amended— (1) by striking out "section 805, 806, or 810" in subsections (a) and (c) and inserting in lieu thereof "this subpart "; (2) by striking out " part " in subsection (b) and inserting in lieu thereof " subpart "; (3) by amending paragraph (1) of subsection (c) to read as follows: " (1) is from a public or nonprofit private school of n u r s i n g; "; and (4) by striking out "those sections" each place it occurs in paragraph s (2) and (3) of such subsection and inserting in lieu thereof "this subpart". (g)(1) Title VIII is amended by inserting after the heading for part B the following:

89 STAT. 365 42 USC 29(3e. 42 USC 29(}f.

" Subpart I—Traineeships". (2) Section 821 (as so designated on the day before the date of 42 USC 297. the enactment of this Act) is redesignated as section 830. (3) Title VIII is amended by inserting after section 830 (as so redesignated) the following: " Subpart II — S t u d e n t Loans". (h) Sections 822, 823, 825, 826, 828, and 830 (as so designated on the day before the date of the enactment of this Act) are amended as follows: (1) Sections 8 2 2 (a), 823, 825, 826, and ^28 are each amended by striking out "this part " each place it occurs and inserting in lieu thereof "this subpart". (2) Sections 8 2 2 (a), 823(b), 823(c), 825(b)(2), and 826(a)(1) are each amended by striking out "of Health, Education, and Welfare". (3) Section 822(b)(2)(A) is amended by striking out "under this part " and inserting in lieu thereof "from allotments under section 838". (4)(A) Section 825 is amended— (i) by striking out " ( w h e the r as Federal capital contributions or as loans to schools under section 827)" in subsection (a); and (ii) by striking out ". and for loans pursuant to section 827," in subsection (b)(1). (B) Section 826(b) is amended by striking out " ( other than so much of such fund as relates to payments from the revolving fund established by section 8 2 7 (d)) ". (C) Section 828 is amended by striking out "or loans." (5) Section 830 is— _ (A) transferred to section 823 and inserted after subsection (i) of such section; and (B) is amended by striking out " SEC. 830. (a) " and inserting in lieu thereof " (j) ". (i)(1) Sections 822, 823, 824, 825, 826, 828, and 829 (as so designated on the day before the date of the enactment of this Act) are redesignated as sections 835, 836, 837, 838, 839, 840, and 841, respectively.

42 USC 297a, 297b, 297d, 297e, 297g, 297b.

42 USC 297b.

42 USC 297a-297e, 297g, 297h.

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 89 STAT. 366 42 USC 297a. 42 USC 297c. 42 USC 297d. 42 USC 297e.

Ante, p. 365. 42 USC 297], 297k.

PUBLIC LAW 94-63—JULY 29, 1975 (2) Section 835 (as so redesignated) is amended (A) by striking out "829" each place it occurs and inserting in lieu thereof "841", and (B) by striking out "823" and inserting in lieu thereof "836". (3) Section 837 (as so redesignated) is amended (A) by striking out "825" and inserting in lieu thereof "838", and (B) by striking out "822" and inserting in lieu thereof "835". (4) Section 838 (as so redesignated) is amended by striking out "824" each place it occurs and inserting in lieu thereof "837". (5) Section 839 (as so redesignated) is amended by striking out "822" each place it occurs and inserting in lieu thereof "835". (6) Section 841 (as so redesignated) is amended (A) by striking out "822" and inserting in lieu thereof "835", and (B) by striking out "part D" and inserting in lieu thereof "subpart III of this part". (j)(1) Part D of title VIII is inserted after subpart II of part B of such title; sections 860 and 861 are redesignated as sections 845 and 846, respectively; and the heading for such part is amended to read as follows: "Subpart III—Scholarship Grants to Schools of Nursing".

42 USC 297j. 42 USC 297k.

Repeal. 42 USC 298c-8. 42 USC 298-298b.2. 42 USC 298.

42 USC 298b.

(2) Section 845(a) (as so redesignated) is amended by striking out "this part" and inserting in lieu thereof "this section". (3) Section 846 (as so redesignated) is amended (A) by striking out "this part" the first time it occurs and inserting in lieu thereof "section 845", and (B) by striking out "to the sums available to the school under this part for (and to be regarded as) Federal capital contributions, to be used for the same purpose as such sums" and inserting in lieu thereof "to the student loan fund of the school established under an agreement under section 835. Funds transferred under this section to such a student loan fund shall be considered as part of the Federal capital contributions to such fund". (4) Section 869 is repealed. (k)(1) Sections 841, 842, 843, 844, and 845 (as so designated on the day before the date of the enactment of this Act) are redesignated as sections 851, 852,853,854, and 855, respectively. (2) Section 851 (as so redesignated) is amended (A) by striking out "part A of applications under section 805" in subnotion (a)(2) and inserting in lieu thereof "subpart I of part A, of applications under section 805, and of applications under subpart III of part A"; (B) by striking out subsection (b); (C) by striking out "(a)(1)" and inserting in lieu thereof " (a) "; and (D) by striking o u t " (2)" and inserting in lieu thereof "(b)". (3) Section 853 (as so redesignated) is amended— (A) by striking out "part A" in paragraph (f) and inserting in lieu thereof "subpart I of part A"; (B) by striking out "806" m paragraph (f) and inserting in lieu thereof "810"; (C) by striking out "part B " each place it occurs in paragraph (f) and inserting in lieu thereof "section 835"; (D) by striking out "825" in paragraph (f) and inserting in lieu thereof "838"; (E) by redesignating paragraphs (a) through (j) as paragraphs (1) through (10) respectively; (F) by redesignating clauses (1), (2), and (3) of paragraph (6) (as so redesignated) as clauses (A), (B), and (C), respectively.

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89 STAT. 367

(G) by redesignating subclauses (A) and (B) of such paragraph (6) as subclauses (i) and (ii), respectively; and (H) by redesignating clauses (1) and (2) of paragraph (9) (as so redesignated) as clauses (A) and (B), respectively. (4) Part C is amended by adding at the end thereof the following: DELEGATTON" ((.

"SEC. 856. The Secretary may delegate the authority to administer 42 USC 298b-3. any program authorized by this title to the administrator of a central or regional office or offices in the Department of Health, Education, and Welfare, except that the authority— "(1) to review, and prepare comments on the merit of, any application for a grant or contract under any program authorized by this title for purposes of presenting such application to the National Advisory Council on Nurse Training, or "(2) to make such a grant or enter into such a contract, shall not be further delegated to any administrator of, or officer in, any regional office or offices in the Department.". EFFECTIVE DATE

SEC. 942. The amendments made by section 941 shall take effect Ante, p. 363. July 1, 1975. Except as otherwise specifically provided, the amend- 42 USC 29a ments made by section 941 to provisions of title VIII of the Act are °°*^made to such provisions as in effect July 1, 1975, and as amended by part B of this title. ^^te, p. 355. PART D—MISCELLANEOUS INFORMATION RESPECTING THE SUPPLY AND DISTRIBUTION OF AND REQUIREMENTS FOR NURSES

SEC. 951. (a)(1) Using procedures developed in accordance with 42 USC 296note, paragraph (3), the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary") shall determine on a continuin^'g basis— (A) the supply (both current and projected and within the United States and within each State) of registered nurses, licensed practical and vocational nurses, nurse's aides, registered nurses with advanced training or graduate degrees, and nurse practitioners; (B) the distribution, within the United States and within each State, of such nurses so as to determine (i) those areas of the United States which are oversupplied or undersupplied, or which have an adequate supply of such nurses in relation to the population of the area, and (ii) the demand for the services which such nurses provide; and (C) the current and future requirements for such nurses, nationally and within each State. (2) The Secretary shall survey and gather data, on a continuing Survey, basis, on— (A) the number and distribution of nurses, by type of employment and location of practice; (B) the number of nurses who are practicing full time and those who are employed part time, within the United States and within each State;

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 89 STAT. 368

Report to Congress.

OMB review, submittal to Congress.

PUBLIC LAW 94-63—JULY 29, 1975 (C) the average rates of compensation for nurses, by type of practice and location of practice; (D) the activity status of the total number of registered nurses within the United States and within each State; (E) the number of nurses with advanced training or graduate degrees in nursing, by specialty, including nurse practitioners, nurse clinicians, nurse researchers, nurse educators, and nurse supervisors and administrators; and (F) the number of registered nurses entering the United States annually from other nations, by country of nurse training and by immigrant status. (3) Within six months of the date of the enactment of this Act, the Secretary shall develop procedures for determining (on both a current and projected basis) the supply and distribution of and requirements for nurses within the United States and within each State. (b) Not later than February 1, 1977, and February 1 of each succeeding year, the Secretary shall report to the Congress— (1) his determinations under subsection (a)(1) and the data gathered under subsection (a)(2); (2) an analysis of such determination and data; and (3) recommendations for such legislation as the Secretary determines, based on such determinations and data, will achieve (A) an equitable distribution of nurses within the United States and within each State, and (B) adequate supplies of nurses within the United States and within each State. (c) The Office of Management and Budget may review the Secretary's report under subsection (b) before its submission to the Confess, but the Office may not revise the report or delay its submission, and it may submit to the Congress its comments (and those of other departments or agencies of the Government) respecting such report. CARL ALBERT

Speaker of the House of Representatives. NELSON A. ROCKEFELLER

Vice President of the United States and President of the Senate. IN THE SENATE OF THE UNITED STATES, July 26 (legislative day, July 21), 1975. The Senate having proceeded to reconsider the bill (S. 66) entitled "An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes", returneaby the President of the United States with his objections to the Senate, in which it originated, it was

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 PUBLIC LAW 94-63—JULY 29, 1975

89 STAT. 369

Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO

Secretary. I certify that this Act originated in the Senate. FRANCIS R. VALEO

Secretary. IN THE HOUSE OF REPRESENTATIVES, U.S., July 29, 1975. The House of Representatives having proceeded to reconsider the bill (S. 66) entitled "An Act to amend the Public Health Service Act and related health laws to revise and extend the health revenue sharing program, the family planning programs, the community mental health centers program, the program for migrant health centers and community health centers, the National Health Service Corps program, and the programs for assistance for nurse training, and for other purposes", returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PAT JENNINGS

Clerk.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-137 accompanying H.R. 4114, No. 94-143 accompanying H.R. 4115, and No. 94-192 accompanying H.R. 4925 (Comm. on Interstate and Foreign Commerce) and No. 94-348 (Comm. of Conference). SENATE REPORT No. 94-29 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 10, considered and passed Senate. May 7, H.R. 4114 and 4115 considered and passed House. June 5, considered and passed House, amended, in lieu of H.R. 4114, H.R. 4115, and H.R. 4925. July 14, Senate agreed to conference report. July 16, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 31: July 26, vetoed; Presidential message. CONGRESSIONAL RECORD, Vol. 121 (1975): July 26, Senate overrode veto. July 29, House overrode veto.

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Page:United States Statutes at Large Volume 89.djvu/430

 89 STAT. 370

PUBLIC LAW 94-64—JULY 31, 1975

Public Law 94-64 94th Congress An Act July 61, 1975 [H.R. 6799]

Federal Rules of Criminal Procedure Amendments Act of 1975. 18 USC 3771 note. Effective dates. 18 USC 3771 note. 18 USC app.

Warrant or summons upon complaint.

Warrant or summons upon indictment or information.

rp^ approve certain of the proposed amendments to the Federal Eules of Criminal Procedure, to amend certain of them, and to make certain additional amendments to those Rules.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Rules of Criminal Procedure Amendments Act of 1975". SEC. 2. The amendments proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure which are embraced in the order of that Court on April 22, 1974, are approved except as otherwise provided in this Act and shall take effect on December 1, 1975. Except with respect to the amendment to Rule 11, insofar as it adds Rule 11(e)(6), which shall take effect on August 1, 1975, the amendments made by section 3 of this Act shall also take effect on December 1, 1975. SEC. 3. The Federal Rules of Criminal Procedure, as amended by the amendments that were proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure which are embraced by the order of that Court on April 22, 1974, are further amended as follows: (1) Rule 4 is amended by striking out subdivisions (a), (b), and (c), and inserting in lieu thereof the following: " (a) ISSUANCE.—If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a w a r r a n t for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a w a r r a n t shall issue. More than one w a r r a n t or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a w a r r a n t shall issue. " (b) PROBABLE CAUSE.—The finding of probable cause may be based upon hearsay evidence in whole or in part.". (2) Rule 4 is further amended by redesignating subdivision (d) as (c). (3) Rule 4 is further amended by redesignating subdivision (e) as (d), and paragraph (3) of such subdivision is amended to read as follows: " (3) M A N N E R. — The w a r r a n t shall be executed by the arrest of the defendant. The officer need not have the w a r r a n t in his possession at the time of the arrest, but upon request he shall show the w a r r a n t to the defendant as soon as possible. I f the officer does not have the warr a n t in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a w a r r a n t has been issued. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant's last known address.". (4) Rule 9 (a) is amended to read as follows:

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Page:United States Statutes at Large Volume 89.djvu/431

 PUBLIC LAW 9 4 - 6 4 ^ J U L Y 31, 1975

89 STAT. 371

" (a) ISSUANCE.—Upon the request of the attorney for the government the court shall issue a w a r r a n t for each defendant named in the information, if it is supported by oath, or in the indictment. The clerk shall issue a summons instead of a w a r r a n t upon the request of the attorney for the government or by direction of the court. Upon like request or direction h e shall issue more than one w a r r a n t or summons for the same defendant. H e shall deliver the w a r r a n t or summons to the marshal or other person authorized by law to execute o r serve it. I f a defendant fails to appear in response to the summons, a w a r r a n t shall issue.". (5) Rule 11 (c) is amended to read as follows: Pleas. " (c) ADVICE TO DEFENDANT.—Before accepting a plea of guilty or

nolo contendere, the court must address the defendant personally in open court and inform h i m of, and determine t h a the understands, the following: " (1) the n a t u r e of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and " (2) if the defendant is not represented by an attorney, t h a the has the r i g h t to be represented by an attorney a t every stage of the proceeding against him and, if necessary, one will be appointed to represent h i m; and " (3) that he has the r i g h t to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a j u r y and at that trial has the right to the assistance of counsel, the r i g h t to confront and cross-examine witnesses against him, and the r i g h t not to be compelled to incriminate himself; and " (4) that if h e pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a t r i a l; and " (5) that if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against h i m in a prosecution for perjury or false statement.". (6) Rule 11 (e)(1) is amended to read as follows: " (1) IN GENERAL.—The attorney for the government and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the government will do any of the following: " (A) move for dismissal of other charges; or " (B) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the c o u r t; or " (C) agree that a specific sentence is the appropriate disposition of the case. The court shall not participate in any such discussions.". (7) Rule 11 (e)(2) is amended to read as follows: " (2) NOTICE o r S U C H A G R E E M E N T. — I f a plea agreement has been

reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, a t the time the plea is offered. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report.".

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 PUBLIC LAW 94-64—JULY 31, 1975

89 STAT. 372

(8) Rule i l (e)(3) is amended to read as follows: " (3) ACCEPTANCE OF A P L E A A G R E E M E N T. — I f the court accepts the

plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.". (9) Rule 1 1 (e)(4) is amended to read as follows: "(4)

R E J E C T I O N o r A P L E A A G R E E M E N T. — I f the court rejects the

plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, and advise the defendant that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.". (10) Rule 11 (e)(6) is amended to read as follows: "(6)

Pleadings and motions before trial.

INADMISSIBILITY OF P L E A S, OFFERS OF P L E A S, AND RELATED

STATEMENTS.—Except as otherwise provided in this paragraph, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel." (11) Rule 12(e) is amended to read as follows: " (e) RULING ON MOTION.—A motion made before trial shall be determined before trial unless the court, for good cause, orders that it be deferred for determination a t the trial of the general issue or until after verdict, b u t no such determination shall be deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.". (12) Rule 12(h) is amended to read as follows: "(h)

E F F E C T OF DETERMINATION. — I f the court g r a n t s a motion

based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. Nothing in this rule shall be deemed to affect the provisions of any Act of Congress relating to periods of limitations.". (13) Rule 12.1 is amended to read as follows: " RULE 12.1. NOTICE o r A L I B I " (a) NOTICE BY DEFENDANT. — Upon w r i t t e n d e m and of the a t to r n e y

for the government stating the time, date, and place a t which the alleged offense was committed, the defendant shall serve within ten days, or a t such different time as the court may direct, upon the attorney for the government a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been a t the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

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 PUBLIC LAW 94-64—JULY 31, 1975

8 9 STAT. 3 7 3

" (b) DISCLOSURE OF INFORMATION AND WITNESS.—Within t e n d a y s

thereafter, b u t in no event less than ten days before trial, unless the court otherwise directs, the attorney for the government shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the government intends to rely to establish the defendant's presence a t the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses. " (c) C O N T I N U I N G D U T Y To DISCLOSE.—If p r i o r to or during t r i a l, a

party learns of an additional witness whose identity, if known, should have been included in the information furnished under subdivision (a) or (b), the party shall p r o m p t l y notify the other party or his attorney of the existence and identity of such additional witness. "(d)

FAILURE TO C O M P L Y. — Upon the failure of either party to

comply with the requirements of t h i s rule, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from o r presence at, the scene of the alleged offense. This rule shall not limit the r i g h t of the defendant to testify in his own behalf. " (e) EXCEPTIONS.—For good cause shown, the court may g r a n t an exception to any of the requirements of subdivisions (a) through (d) of this rule. " (f) INADMISSIBILITY OF W I T H D R A W N A L I B I. — E v i d e n c e of an inten-

tion to rely upon a n alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.". (14) Rule 12.2(c) is amended to read as follows: " (c) PSYCHIATRIC EXAMINATION. — I n an a p p r o p r i a t e case the court

may, upon motion of the attorney for the government, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court. N o statement made by the accused in the course of any examination provided for by this rule, whether the examination shall be with or without the consent of the accused, shall be admitted in evidence against the accused on the issue of guilt in any criminal proceeding.". (15) Rule 15(a) is amended to read as follows: Depositions. " (a) W H E N T A K E N. — W h e n e v e r due to exceptional circumstances of

the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced a t the same time and place. I f a witness is committed for failure to give bail to a p p e a r to testify a t a t r i a l or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness.". (16) Rule 15 (b) is amended to read as follows: " (b) NOTICE OF T A K I N G. — The party a t whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives

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 89 STAT. 374

Waiver.

Discovery and inspection.

PUBLIC LAW 94-64—JULY 31, 1975 in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause him to be removed from the place of the taking of the deposition, he persists in conduct which is such as to justify his being excluded from that place. A defendant not in custody shall have the r i g h t to be present at the examination upon request subject to such terms as may be fixed by the court, b u t his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with subdivision (c) of this rule shall constitute a waiver of that r i g h t and of any objection to the taking and use of the deposition based upon that right.". (17) Rule 15(c) is amended to read as follows: " (c) P A Y M E N T OF EXPENSES.—Whenever a deposition is taken at the instance of the government, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the defendant and his attorney for attendance at the examination and the cost of the transcript of the deposition shall be paid by the government.". (18) Rule 15 (e) is amended by striking out "as defined in subdivision (g) of this rule" and inserting in lieu thereof the following: "as unavailability is defined in Rule 804(a) of the Federal Rules of Evidence". (19) Rule 1 5 (g) is deleted and subdivision (h) is redesignated as (g). (20) Rule 1 6 (a)(1)(A) is amended to read as follows: " (A) STATEMENT OF DEFENDANT.—Upon request of a defendant the government shall permit the defendant to inspect and copy or p h o to g r a p h: any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody or control of the government, the existence of which is known, or by the exercise o f due diligence may become known, to the attorney for the government; the substance of any oral statement which the government intends to offer in evidence at the trial made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a government agent; and recorded testimony of the defendant before a g r and jury which relates to the offense charged. Where the defendant is a corporation, partnership, association or labor union, the court may g r a n t the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a g r and j u r y who (1) was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or (2) was, at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct i n which he was involved.". (21) Rule 16(a)(1)(B) is amended to read as follows: " (B) DEFENDANT'S PRIOR RECORD.—Upon request of the defend-

ant, the government shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government.". (22) Rule 16(a)(1)(D) is amended to read as follows: " (D) REPORTS OF EXAMINATIONS AND TESTS.—Upon request of

a defendant the government shall permit the defendant to inspect

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 regulate the science, because each separate dodge must be adapted to the circumstances of his own and his opponents' positions.

"To resist a body-check a player should take care to make himself as solid on the ice as he can, but at the same time, allowing the upper part of his body to remain limber, so that the shock may not be so strongly felt. When advancing towards a man who, he knows, is going to body-check him, a player should, on meeting him, slide the puck forward to such a place, and in such a manner, that after the encounter, he may have a better chance of recovering it. I think, however, that a clever forward can nearly always avoid a body-check, because, advancing at a high rate of speed, he has the advantage over an opponent who awaits him. The forward should never body-check, because this exhausts his strength.

"The most successful shot for the goals is a lift which raises the puck only as high as the goal-minder's knee. A player should accustom himself to shoot from both sides.

"Most goals are scored on a rush, not from a scrimmage, and for this reason it is advisable not to lose too much energy in tussling for the puck behind the goal-line.

"It is a mistake to attempt to score a game when too far removed from the goals, or at too great an angle to the side.