text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/940

 2256

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

" (C) Such additional requirements as the Secretary may by regulation prescribe. "(c) Centers assisted under this section (1) may enter into arrangements with health systems agencies and State Agencies for the provision of such services as may be appropriate and necessary in assisting the agencies and State Agencies in performing their functions under section 1513 or 1523, respectively, and (2) shall use methods (satisfactory to the Secretary) to disseminate to such agencies and State Agencies such planning approaches, methodoligies, policies and standards as they develop. Appropriations. ^^ (d) For the purposc of making payments pursuant to grants and contracts under subsection (a) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1975, $8,000,000 for the fiscal year ending June 30, 1976, and $10,000,000 for the fiscal year ending June 30, 1977. li REVIEW BY THE

SECRETARY

an^cTapprovar'^" "SEC. 1535. (a) The Secretary shall review and approve or disap42 USC 300n-4. provc the annual budget of each designated health systems agency and State Agency. In making such review and approval or disapproval the Secretary shall consider the comments of Statewide Health Coordinating Councils submitted under section 1524(c)(3). Information submitted to the Secretary by a health systems agency or a State Agency in connection with the Secretary's review under this subsection shall be made available by the Secretary, upon request, to the appropriate committees (and their subcommittees) of the Congress. Performance "(b) The Secretary shall prescribe performance standards covering the structure, operation, and performance of the functions of each designated health systems agency and State Agency, and he shall establish a reporting system based on the performance standards that allows for continuous review of the structure, operation, and performance of the functions of such agencies. "(c) The Secretary shall review in detail at least every three years the structure, operation, and performance of the functions of each designated health systems agency to determine— "(1) the adequacy of the H S P of the agency for meeting the needs of the residents of the area for a healthful environment and for accessible, acceptable and continuous quality health care at reasonable costs, and the effectiveness of the A I P in achieving the system described in the H S P; "(2) if the structure, operation, and performance of the functions of the agency meet the requirements of sections 1512(b) Ante, pp. 2232, and 1513; 2235 "(3) the extent to which the agency's governing body (and executive committee (if any)) represents the residents of the health service area for which the agency is designated; "(4) the professional credentials and competence of the staff of the agency; "(5) the appropriateness of the data assembled pursuant to section 1513(b)(1) and the quality of the analyses of such data; " (6) the extent to which technical and financial assistance from the agency have been utilized in an effective manner to achieve goals and objectives of the H S P and the A I P; and "(7) the extent to which it may be demonstrated that— " (A) the health of the residents in the agency's health service area has been improved; " (B) the accessibility, acceptability, continuity, and quality of health care in such area has been improved; and

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/941

 88

STAT.

]

PUBLIC LAW 93-641-JAN. 4, 1975

" (C) increases in costs of the provision of health care have been restrained. " (d) The Secretary shall review in detail at least every three years the structure, operation, and performance of the functions of each designated State Agency to determine— "(1) the adequacy of the State health plan of the Statewide Health Coordinating Council prepared under section 1524(c)(2) in meeting the needs of the residents of the State for a healthful environment and for accessible, acceptable, and continuous quality health care at reasonable costs; "(2) if the structure, operation, and performance of the functions of the State Agency meet the requirements of sections 1522 and 1523; "(3) the extent to which the Statewide Health Coordinating Council has a membership meeting, and has performed in a manner consistent with, the requirements of section 1524; "(4) the professional credentials and competence of the staff of the State Agency; "(5) the extent to which financial assistance provided under title X VI by the State Agency has been used in an effective manner to achieve the State's health plan under section 1524(c)(2); and " (6) the extent to which it may be demonstrated that— " (A) the health of the residents of the State has been improved; " (B) the accessibility, acceptability, continuity, and quality of health care in the State has been improved; and " (C) increases in costs of the provision of health care have been restrained. ((SPECIAL

2257

^°^'' P- ^258.

PROVISIONS FOR CERTAIN STATES A N D TERRITORIES

"SEC. 1536. (a) Any State which— "(1) has no county or municipal public health institution or department, and "(2) has, prior to the date of enactment of this title, maintained a health planning system which substantially complies with the purposes of this title, and the Virgin Islands, Guam, the Trust Territories in the Pacific Islands, and American Samoa shall each be considered in accordance with subsection (b) to be a State for purposes of this title. " (b) In the case of an entity which under subsection (a) is to be considered a State for purposes of this title— "(1) no health service area shall be established within it, "(2) no health systems agency shall be designated for it, "(3) the State Agency designated for it under section 1521 may, in addition to the functions prescribed by section 1523, perform the functions prescribed by section 1513 and shall be eligible to receive grants authorized by sections 1516 and 1640, and "(4) the chief executive office shall appoint the Statewide Health Coordinating Council prescribed by section 1524 in accordance with the regulation of the Secretary."

42 USC aoon-s.

REVISION OF H E A L T H RESOURCES DEVELOPMENT PROGRAMS UNDER THE P U B L I C H E A L T H SERVICE ACT

SEC. 4. The Public Health Service Act, as amended by section 3, is amended by adding after title X V the following new title:

Ante,

p. 2227.

�

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


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/942

 2258

PUBLIC LAW 93-641-JAN. 4, 1975 "TITLE XVI—HEALTH RESOURCES

[88 STAT.

DEVELOPMENT

"PART A—PURPOSE, STATE PLAN, AND PROJECT XAPPROVAL "PURPOSE

42 USC 3ooo. Post, p. 2 262. Post, p. 2264.

"SEC. 1601. I t is the purpose of this title to provide assistance, through allotments under part B and loans and loan guarantees ^^^ interest subsidies under part C, for projects for— "(1) modernization of medical facilities; " (2) construction of new outpatient medical facilities; "(3) construction of new inpatient medical facilities in areas which have experienced (as determined under regulations of the Secretary) recent rapid population growth; and "(4) conversion of existing medical facilities for the provision of new health services, and to provide assistance, through grants under part D, for construction and modernization projects designed to prevent or eliminate safety hazards in medical facilities or to avoid noncompliance by such facilities with licensure or accreditation standards. "GENERAL REGULATIONS

42 USC 300O-1.

"SEC. 1602. The Secretary shall by regulation— "(1) prescribe the general manner in which the State Agency of each State shall determine for the State medical facilities plan under section 1603 the priority among projects within the State for which assistance is available under this title, based on the relative need of different areas within the State for such projects and giving special consideration— " (A) to projects for medical facilities serving areas with relatively small financial resources and for medical facilities serving rural communities, " (B) in the case of projects for modernization of medical facilities, to projects for facilities serving densely populated areas, " (C) in the case of projects for construction of outpatient medical facilities, to projects that will be located in, and provide services for residents of, areas determined by the Secretary to be rural or urban poverty areas, " (D) to projects designed to (i) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (ii) avoid noncompliance with State or voluntary licensure or accreditation standards, and " (E) to projects for medical facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization; "(2) prescribe for medical facilities projects assisted under this title general standards of construction, modernization, and equipment for medical facilities of different classes and in different types of location; "(3) prescribe criteria for determining needs for medical facility beds and needs for medical facilities, and for developing plans for the distribution of such beds and facilities; "(4) prescribe criteria for determining the extent to which existing medical facilities are in need of modernization;

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/943

 88

STAT.

]

PUBLIC LAW 93-641-JAN. 4, 1975

"(5) require each State medical facilities plan under section 1503 to provide for adequate medical facilities for all persons residing in the State and adequate facilities to furnish needed health services for persons unable to pay therefor; and "(6) prescribe the general manner in which each entity which receives financial assistance under this title or has received financial assistance under this title or title VI shall be required to comply with the assurances required to be made at the time such assistance was received and the means by which such entity shall be required to demonstrate compliance with such assurances. An entity subject to the requirements prescribed pursuant to paragraph (6) respecting compliance with assurances made in connection with receipt of hnancial assistance shall submit periodically to the Secretary data and information which reasonably supports the entity's compliance with such assurances. The Secretary may not waive the requirement of the preceding sentence.

2259

'^^ ^^^ 291.

u,STATE MEDICAL FACILmES PLAN

"SEC. 1603. (a) Before an application for assistance under this title (other than part D) for a medical facility project described in section 1601 may be approved, the State Agency of the State in which such project is located must have submitted to the Secretary and had approved by him a State medical facilities plan. To be approved by the Secretary a State medical facilities plan for a State must— "(1) prescribe that the State Agency of the State shall administer or supervise the administration of the plan and contain evidence satisfactory to the Secretary that the State Agency has the authority to carry out the plan in conformity with this title; " (2) prescribe that the Statewide Health Coordinating Council of the State shall advise and consult vrith tb.e State Agency in carrying out the plan; " (3) be approved by the Statewide Health Coordinating Council as consistent with the State health plan developed pursuant to section 1524(c)(2); "(4) set forth, in accordance with criteria established in regulations prescribed under section 1602(a) and on the basis of a statewide inventory of existing medical facilities, a survey of need, and the plans of health systems agencies within the State— " (A) the number and type of medical facility beds and medical facilities needed to provide adequate inpatient care to people residing in the State, and a plan for the distribution of such beds and facilities in health services areas throughout the State, " (B) the number and type of outpatient and other medical facilities needed to provide adequate public health services and outpatient care to people residing in the State, and a plan for the distribution of such facilities in healtli service areas throughout the State, and " (C) the extent to which existing medical facilities in the State are in need of modernization or conversion to new uses; " (5) set forth a program for the State for assistance under this title for projects described in section 1601, which program shall indicate the type of assistance which should be made available to each project and shall conform to the assessment of need set forth pursuant to paragraph (4) and regulations promulgated under section 1602(a);

'•^ use 300C-2. ^°^^' P- 2268.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/944

 2260

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

"(6) set foith (in accordance with regulations promulgated under section 1602(a)) priorities for the provision of assistance under this title for projects in the program set forth pursuant to paragraph (4); "(7) provide minimum requirements (to be fixed in the discretion of the State Agency) for the maintenance and operation of facilities which receive assistance under this title, and provide for enforcement of such standards; "(8) provide for affording to every applicant for assistance for a medical facilities project under this title an opportunity for a hearing before the State Agency; and " (9) provide that the State Agency will from time to time, but not less often than annually, review the plan and submit to the Secretary any modifications thereof which it considers necessary. "(b) The Secretary shall approve any State medical facilities plan and any modification thereof which complies with the provisions of subsection (a) if the State Agency, as determined under the review made under section 1535(d), is organized and operated in the manner prescribed by section 1522 and is carrying out its functions under section 1523 in a manner satisfactory to the Secretary. If any such plan or modification thereof shall have been disapproved by the Secretary for failure to comply with subsection (a), the Secretary shall, upon request of the State Agency, afford it an opportunity for hearing. "APPROVAL or PROJECTS

42 USC 300O-3.

"SEC. 1604. (a) For each project described in section 1601 and included within a State's State medical facilities plan approved under section 1603 there shall be submitted to the Secretary, through the State's State Agency, an application. An application for a grant under section 1625 shall be submitted directly to the Secretary. Except as provided in section 1625, the applicant under such an application may be a State, a political subdivision of a State or any other public entity, or a private nonprofit entity. If two or more entities join in a project, an application for such project may be filed by any of such entities or by all of them. xid^ementt°" ^^' " (b)(1) Exccpt as authoHzed under paragraph (2), an application for any project shall set forth— " (A) in the case of a modernization project for a medical facility for continuation of existing health services, a finding by the State Agency of a continued need for such services, and, in the case of any other project for a medical facility, a finding by the State Agency of the need for the new health services to be provided through the medical facility upon completion of the project; " (B) a description of the site of such project; " (C) plans and specifications therefor which meet the requirements of the regulations prescribed under section 1602(a); " (D) reasonable assurance that title to such site is or will be vested in one or more of the entities filing the application or in a public or other nonprofit entity which is to operate the facility on completion of the project; " (E) reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed, and, for the purpose of determining if the requirements of this subparagraph are met. Federal assistance provided directly to a medical facility which is located in an area determined by the Secretary to be an urban or rural poverty area or through benefits provided individuals served at such facility shall be considered as financial support;

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/945

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2261

" (F) the type of assistance being sought under this title for the project; " (G) except in the case of a project under section 1625, a certitication by the State Agency of the Federal share for the project; " (H) reasonable assurance 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), J^^ use 276a and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); " (I) in the cast of a project for the construction or modernization of an outpatient facility, reasonable assurance that the services of a general hospital will be available to patients at such facility who are in need of hospital care; and " (J) reasonable assurance that at all times after such application is approved- (i) the facility or portion thereof to be constructed, or modernized, or converted w-ill be made available to all persons residing or employed in the area served by the facility, and (ii) there will be made available in the facility or portion thereof to be constructed, modernized, or converted a reasonable volume of services to persons unable to pay therefor and the Secretary, in determining the reasonableness of the volume of services provided, shall take into consideration the extent to which compliance is feasible from a financial viewpoint. "(2)(A) The Secretary may waive— waiver. "(i) the requirements of subparagraph (C) of paragraph (1) for compliance with modernization and equipment standards prescribed pursuant to section 1602(a)(2), and "(ii) the requirement of subparagrap]i (D) of paragraph (1) respecting title to a project site, in the case of an application for a project described in subparagraph " (B) A project referred to in subparagraph (A) is a project— " (i) for the modernization of an outpatient medical facility which will provide general purpose health services, which is not part of a hospital, and which will serve a medically underserved population as defined in section 1633 or as designated by a health systems agency, and "(ii) for which the applicant seeks (I) not more than $20,000 from the allotments made under part B to the State in which it is located, or ( II) a loan under part C the principal amount of which does not exceed $20,000. "(c) The Secretary shall approve an application submitted under subsection (b) (other than an application for a grant under section 1625) if— "(1) in the case of a project to be assisted from an allotment made under part B, there are sufficient funds in such allotment to pay the Federal share of the project; and "(2) the Secretary finds that— " (A) the application (i) is in conformity with the State medical facilities plan approved under section 1603, (ii) has been approved and recommended by the State Agency, (iii) is for a project which is entitled to priority over other projects within the State as determined in accordance with the

3R.1C)4 n - 7R - fin Pt 9.

^°^'' P- 2262. ^°^^- P- 2264.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/946

 2262

Ante,

PUBLIC LAW 93-641-JAN. 4, 1975

p. 2 2 3 5.

[88 STAT.

approved State medical facilities plan, and (iv) contains the assurances required by subsection (b); and " (B) the plans and specifications for the project meet the requirements of the regulations prescribed pursuant to section 1602(a). " (d) No application (other than an application for a grant under section 1625) shall be disapproved until the Secretary has afforded the State Agency an opportunity for a hearing. "(e) Amendment of any approved application shall be subject to approval in the same manner as an original application. "(f) Each application shall be reviewed by health systems agencies in accordance with section 1513(e). "PART B—ALLOTMENTS "ALLOTMENTS

42 USC 3oop.

"SEC. 1610. (a) For each fiscal year, the Secretary shall, in accordance with regulations, make from sums appropriated for such fiscal year under section 1513 allotments among the States on the basis of the population, the financial need, and need for medical facilities projects described in section 1601 of the respective States. The population of the States shall be determined on the basis of the latest figures certified by the Secretary of Commerce. " (b)(1) The allotment to any State (other than Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands) for any fiscal year shall be not less than $1,000,000; and the allotment to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands for any fiscal year shall be not less than $500,000 each. "(2) Notwithstanding paragraph (1), if the amount appropriated under section 1613 for any fiscal year is less than the amount required to provide allotments in accordance with paragraph (1), the amount of the allotment to any State for such fiscal year shall be an amount which bears the same ratio to the amount prescribed for such State by paragraph (1) as the amount appropriated for such fiscal year bears to the amount of appropriations needed to make allotments to all the States in accordance with paragraph (1). "(c) Any amount allotted to a State for a fiscal year under subsection (a) and remaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the amounts allotted to such State for such purposes for such next two fiscal years; except that any such amount which is unobligated at the end of the first of such next two years and which the Secretary determines will remain unobligated at the close of the second of such next two years may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this title. Any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period. "PAYMENTS FROM ALLOTMENTS

42 USC 3oop-i.

"SEC. 1611. (a) If with respect to any medical facility project approved under section 1604 the State Agency certifies (upon the basis of inspection by it) to the Secretary that, in accordance with approved plans and specifications, work has been performed upon

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/947

 88

STAT.

]

PUBLIC LAW 93-641-JAN. 4, 1975

2263

the project or purchases have been made for it and that payment from the applicable allotment of the State in which the project is located is due for the project, the Secretary shall, except as provided in subsection (b), make such payment to the State. "(b) The Secretary is authorized to not make payments to a State ^j^^^/^^"' '"^' pursuant to subsection (a) in the following circumstances: "(1) If such State is not authorized by law to make payments for an approved medical facility project from the payment to be made by the Secretary pursuant to subsection (a), or if the State so requests, the Secretary shall make the payment from the State allotment directly to the applicant for such project. "(2) If the Secretary, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to section 1612, payment by the Secretary may, after he has given the State Agency notice and opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing. I n no event may the total of payments made under subsection (a) with respect to any project exceed an amount equal to the Federal share of such project. "(c) In case an amendment to an approved application is approved as provided in section 1604 or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved. " (d) In any fiscal year— "(1) not more than 20 per centum of the amount of a State's allotment available for obligation in that fiscal year may be obligated for projects in the State for construction of new facilities for the provision of inpatient health care to persons residing in areas of the State which have experienced recent rapid population growth; and "(2) not less than 25 per centum of the amount of a State's allotment available for obligation in that fiscal year shall be obligated for projects for outpatient facilities which will serve medically underserved populations. In the administration of this part, the Secretary shall seek to assure ^"""^^ projects. that in each fiscal year at least one half of the amount obligated for projects pursuant to paragraph (2) shall be obligated for projects which will serve rural medically underserved populations. "WITHHOLDING OF PAYMENTS AND OTHER COMPLIANCE ACTIONS

"SEC. 1612. (a) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State Agency concerned finds— " (1) that the State Agency is not complying substantially with the provisions required by section 1603 to be included in its State medical facilities plan, "(2) that any assurance required to be given in an application filed under section 1604 is not being or cannot be carried out, or "(3) that there is a substantial failure to carry out plans and specifications approved by the Secretary under section 1604, the Secretary shall take the action authorized by subsection (b) unless, in the case of compliance with assurances, the Secretary requires compliance by other means authorized by law. " (b)(1) Upon a finding described in subsection (a) and after notice to the State Agency concerned, the Secretary may—

'^^ "^"^ 3oop-2.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/948

 2264

PUBLIC LAW 93-641-J AN. 4, 1975

[88 STAT.

" (A) withhold from all projects within the State with respect to which the finding was made fuither payments from the State's allotment under section 1610, or " (B) withhold from the specific projects with respect to which the finding was made further payments from the applicable State allotment under section 1610. "(2) Payments may be withheld, in whole or in part, under paragraph (1)— " (A) until the basis for the finding upon which the withholding was made no longer exists, or " (B) if corrective action to make such finding inapplicable cannot be made, until the State concerned repays or arranges for the repayment of Federal funds paid under this part for projects which because of the finding are not entitled to such funds. Periodic inves"((>) The Sccrctary shall investigate and ascertain, on a periodic ligations. basis, with respect to each entity which is receiving financial assistance under this title or which has received financial assistance under title 42 USC 291. y j Qp i^jjjg title, the extent of compliance by such entity with the assurances required to be made at the time such assistance was received. If the Secretary finds that such an entity has failed to comply with any such assurance, the Secretary shall take the action authorized by subsection (b) or take any other action authorized by law (including an action for specific performance brought by the Attorney General upon request of the Secretary) which will effect compliance by the entity with such assurances. An appropriate action to effectuate compliance with any such assurance may be brought by a person other than the Secretary only if a complaint has been filed by such person with the Secretary and the Secretary has dismissed such complaint or the Attorney General has not brought a civil action for compliance with such assurance within 6 months after the date on which the complaint was filed with the Secretary. "AUTHORIZATION OF APPROPRIATIONS

42 USC 3oop-3.

"SEC. 1613. Except as provided in section 1625(d), there are authorized to be appropriated for allotments under section 1510 $125,000,000 for the fiscal year ending June 30, 1975, $130,000,000 for the fiscal year ending June 30, 1976, and $135,000,000 for the fiscal year ending June 30, 1977. "PART C—LOANS AND LOAN GUARANTKES "AUTHORITY FOR LOANS AND I.OAN GUARANTEES

42 USC 3ooq.

"gEo. 1620. (a) The Secretary, during the period beginning July 1, 1974, and ending June 30, 1977, may, in accordance with this part, make loans from the fund established under section 1622(d) to pay the Federal share of projects approved under section 1604. "(b)(1) The Secretary, during the period beginning July 1, 1974, and ending June 30, 1977, may, in accordance with this part, guarantee to— " (i) non-Federal lenders for their loans to nonprofit private entities for medical facilities projects, and "(ii) the Federal Financing Bank for its loans to nonprofit private entities for such projects, payment of principal and interest on such loans if applications for assistance for such projects under this title have been approved under section 1604.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/949

 88

STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2265

"(2) In the case of a guarantee of any loan to a nonprofit private ^^l^^^^' ^''^' entity under this title, the Secretary shall pay, to the holder of such loan and for and on behalf of the project for which the loan was made amounts sufficient to reduce by 8 per centum per annum the net effective interest rate otherwise payable on such loan. Each holder of such a loan which is guaranteed under this title shall have a contractual right to receive from the United States interest payments required by the preceding sentence. "(c) The cumulative total of the principal of the loans outstanding Limitations. at any time with respect to which guarantees have been issued, or which have been directly made, may not exceed such limitations as may be specified in appropriation Acts. " (d) The Secretary, with the consent of the Secretary of Housing HUD assistance. and Urban Development, shall obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this part as will promote efficiency and economy thereof. "ALLOCATION

AMONG THE

STATES

"SEC. 1621. (a) For each fiscal year, the'total amount of principal 42 USC 300q-l. of— "(1) loans to nonprofit private entities which may be guaranteed, or "(2) loans which may be directly made, under this part shall be allotted by the Secretary among the States, in accordance with regulations, on the basis of the population, financial need, and need for medical facilities projects described in section 1601 of the respective States. The population of the States shall be determined on the basis of the latest figures certified by the Secretary of Commerce. " (b) Any amount allotted to a State for a fiscal year under funar^avriiabiuty subsection (a) and remaining unobligated at the end of such year shall to state. remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the amounts allotted to such State for such purposes for such next two fiscal years; except that any such amount which is unob- Reallotments. ligated at the end of the first of such next two years and which the Secretary determines will remain unobligated at the close of the second of such next two years may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this title. Any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period. "GENERAL PROVISIONS RELATING TO LOAN GUARANTEES AND LOANS

"SEC. 1622. (a)(1) The Secretary may not approve a loan guarantee for a project under this part unless he determines that (A) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, and (B) the loan would

42 USC 300q-

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/950

 2266

Payment reovery.

Terms and conditions, modification.

Loan approval conditions.

Sale o f l o a n s.

12 USC 1717.

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

not be available on reasonable terms and conditions without the guarantee under this part. "(2)(A) The United States shall be entitled to recover from the applicant for a loan guarantee under this part the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery; and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made. " (B) To the extent permitted by subparagraph (C), any terms and conditions applicable to a loan guarantee under this part (including terms and conditions imposed under subparagraph (D)) may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States. " (C) Any loan guarantee made by the Secretary under this part shall be incontestable (i) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee, and (ii) as to any person (or his successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or his successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. " (D) Guarantees of loans under this part shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this title will be achieved. " (b)(1) The Secretary may not approve a loan under this part unless— " (A) the Secretary is reasonably satisfied that the applicant under the project for which the loan would be made will be able to make payments of principal and interest thereon when due, and " (B) the applicant provides the Secretary with reasonable assurances that there will be available to it such additional funds as may be necessary to complete the project or undertaking with respect to which such loan is requested. "(2) Any loan made under this part shall (A) have such security, (B) have such maturity date, (C) be repayable in such installments, (D) bear interest at a rate comparable to the current rate of interest prevailing, on the date the loan is made, with respect to loans guaranteed under this part, minus 3 per centum per annum, and (E) be subject to such other terms and conditions (including provisions for recovery in case of default), as the Secretary determines to be necessary to carry out the purposes of this title while adequately protecting the financial interests of the United States. "(3) The Secretary may, for good cause but with due regard to the financial interests of the United States, waive any right of recovery which he has by reasons of the failure of a borrower to make payments of principal of and interest on a loan made under this part, except that if such loan is sold and guaranteed, any such waiver shall have no effect upon the Secretary's guarantee of timely payment of principal and interest. "(c)(1) The Secretary shall from time to time, but with due regard to the financial interests of the United States, sell loans made under this part either on the private market or to the Federal National Mortgage Association in accordance with section 302 of the Federal National Mortgage Association Charter Act or to the Federal Financing Bank. "(2) Any loan so sold shall be sold for an amount which is equal (or approximately equal) to the amount of the unpaid principal of such loans as of time of sale.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/951

 88

STAT.

]

PUBLIC LAW 93-641-JAN. 4, 1975

2267

Agreements with "(3)(A) The Secretary is authorized to enter into an agreement loan purchaser. with the purchaser of any loan sold under this part under which the Secretary agrees— "(i) to guarantee to such purchaser (and any successor in interest to such purchaser) payments of the principal and interest payable under such loan, and "(ii) to pay as an interest subsidy to such purchaser (and any successor in interest of such purchaser) amounts which, when added to the amount of interest payable on such loan, are equivalent to a reasonable rate of interest on such loan as determined by the Secretary after taking into account the range of prevailing interest rates in the private market on similar loans and the risks assumed by the United States. " (B) Any agreement under subparagraph (A) — "(i) may provide that the Secretary shall act as agent of any such purchaser, for the purpose of collecting from the entity to which such loan was made and paying over to such purchaser any payments of principal and interest payable by such entity under such loan; "(ii) may provide for the repurchase by the Secretary of any such loan on such terms and conditions as may be specified in the agreement; "(iii) shall provide that, in the event of any default by the entity to which such loan was made in payment of principal or interest due on such loan, the Secretary shall, upon notification to the purchaser (or to the successor in interest of such purchaser), have the option to close out such loan (and any obligations of the Secretary with respect thereto) by paying to the purchaser (or his successor in interest) the total amount of outstandiniy principal and interest due thereon at the time of such notification; and "(iv) shall provide that, in the event such loan is closed out as provided in clause (iii), or in the event of any other loss incurred by the Secretary by reason of the failure of such entity to make payments of principal or interest on such loan, the Secretary shall be subrogated to all rights of such purchaser for recovery of such loss from such entity. "(4) Amounts received by the Secretary as proceeds from the sale of loans under this subsection shall be deposited in the fund established under subsection (d). " (d)(1) There is established in the Treasury a loan and loan guar- ^^"^"^ ^"/ ^"^'"" antee fund (hereinafter in this subsection referred to as the 'fund') ""VsLblishment. which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time in appropriation Acts— " (A) to enable him to make loans under this part, " (B) to enable him to discharge his responsibilities under loan guarantees issued by him under this part, " (C) for payment of interest under section 1620(b)(2) on loans guaranteed under this part, " (D) for repurchase of loans under subsection (c)(3)(B), and " (E) for payment of interest on loans which are sold and guaranteed. There are authorized to be appropriated from time to time such Appropriation. amounts as may be necessary to provide the sums required for the fund. There shall also be deposited in the fund amounts received by the Secretary in connection with loans and loan guarantees under this part and other property or assets derived by him from his operations

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/952

 2268

Notes or other obligations.

31 USC 774.

Transfer of funds.

42 USC 291J-6. Appropriation.

PUBLIC LAW 93-641-JAN. 4, 1975

[88 STAT.

respecting such loans and loan guarantees, including any money derived from the sale of assets, "(2) If at any time the sums in the funds are insufficient to enable the Secretary— " (A) to make payments of interest under section 1620(b)(2), " (B) to otherwise comply with guarantees under this part of loans to nonprofit private entities, "(C) in the case of a loan which was made, sold, and guaranteed under this part, to make to the purchaser of such loan payments of principal and interest on such loan after default by the entity to which the loan was made, or " (D) to repurchase loans under subsection (c)(3)(B), and " (E) to make payments of interest on loans which are sold and guaranteed, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such for-ms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued under this paragraph and for that purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which the securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as a public debt transactions of the United States. Sums borrowed under this paragraph shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from the fund. " (e)(1) The assets, commitments, obligations, and outstanding balances of the loan guarantee and loan fund established in the Treasury by section 626 shall be transferred to the fund established by subsection (d) of this section. "(^2) To provldc additional capitalization for the fund established under subsection (d) there are authorized to be appropriated to the fund, such sums as may be necessary for the fiscal years ending June 80, 1975, June 30, 1976, and June 30, 1977. "PART D — P R O J E C T GRANTS "PROJECT GRANTS

42 USC 300r.

"SEC. 1625. (a) The Secretary may make grants for construction or modernization projects designed to (1) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (2) avoid noncompliance with State or voluntary licensure or accreditation standards. A grant inider this subsection may only be made to a State or political subdivision of a State, including any city, town, county, borough, hospital district authority, or public or quasi-public corporation, for a project described in the preceding sentence for any medical facility owned or operated by it.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/953

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

"(b) An application for a grant under subsection (a) may not be approved under section 1604 unless it contains assurances satisfactory to the Secretary that the applicant making the application would not be able to complete the project for which the application is submitted without the grant applied for. "(c) The amount of any grant under subsection (a) may not exceed 75 per centum of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 per centum of such costs. " (d) Of the sums appropriated under section 1613 for a fis'^al year, there shall be made available for grants under subsection (a) for such fiscal year 22 per centum of such sums.

2269

cost limitation.

"PART E—GENERAL PROVISIONS "JUDICIAL REVIEW

"SEC. 1 a m If— "(1) the Secretary refuses to approve an application for a project submitted under section 1604, the State Agency through which such application was submitted, or "(2) any State is dissatisfied with, or any entity will be adversely aft'ected by, the Secretary's action under section 1612, such State or entity, may appeal to the United Sta^^os court of appeals for the circuit h\ which such State Agency, State, or entity is located, by filing a petition with such court within sixty days after such action. A copv of the petition sluil] be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereujion shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. Ignited States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the Court, operate as a stay of the Secretary's action.

42 USC 300s.

a RECOVERY

"SEC. 16.S1. (a) If any facility constructed, modernized, or converted with funds provided under this title is, at any time within twenty years after the completion of such construction, modernization, or conversion with such funds— "(1) sold or transferred to any person or entity (A) which is not qualified to file an applica^^ion under section 1604, or /'B) which is not approved as a transferee by the State Agency of the State in which such facility is located, or its successor; or

42 USC 300S-1.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/954

 2270

Waiver.

Ante, p. 2247.

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

"(2) not used as a medical facility, and the Secretary has not determined that there is good cause for termination of such use, the United States shall be entitled to recover from either the transferor- or the transferee in the case of a sale or transfer or from the owner in the case of termination of use an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated) of so much of such facility as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction, modernization, or conversion of such project or projects. Such right of recovery shall not constitute a lien upon such facility prior to judgment. "(b) The Sccrctary may waive the recovery rights of the United States under subsection (a) with respect to a facility in any State— "(1) if (as determined under regulations prescribed by the Secretary) the amount which could be recovered under subsection (a) with respect to such facility is applied to the development, expansion, or support of another medical facility located in such State which has been approved by the Statewide Health Coordinating Council for such State as consistent with the State health plan established pursuant to section 1524(c); or "(2) if the Secretary determines, in accordance with regulations, that there is good cause for waiving such requirement with respect to such facility. If the amount which the United States is entitled to recover under subsection (a) exceeds 90 per centum of the total cost of the construction or modernization project for a facility, a waiver under this subsection shall only apply with respect to an amount which is not more than 90 per centum of such total cost. The Secretary may not waive a right of recovery which arose one year before the date of the enactment of this title. "STATE CONTROL OF OPERATIONS

42 USC 300S-2.

"SEC. 1632. Except as otherwise specifically provided, nothing in this title shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any facility with respect to which any funds have been or may be expended under this title. "DEFINITIONS

42 USC 300S-3.

"SEC. 1633. For the purposes of this title— "(1) The term 'State' includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia. "(2) The term 'Federal share' means the proportion of the cost of a medical facilities project which the State Agency determines the Federal Government will provide under allotment payments or a loan or loan guarantee under this title, except that— " (A) in the case of a modernization project— " (i) described in section 1604(b)(2)(B), and "(ii) the application for which received a waiver under section 1 6 0 4 (b)(2)(A), the proportion of the cost of such project to be paid by the Federal Government under allotment payments or a loan may not exceed $20,000 and may not exceed 100 per centum of the first $6,000 of the cost of such project and 66% per centum of the next $21,000 of such cost,

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/955

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

" (B) in the case of a project (other than a project described in subparagraph (A)) to be assisted from an allotment made under part B, the proportion of the cost of such project to be paid by the Federal Government may not exceed 66% unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the proportion of the cost of such project to be paid by the Federal Government may be 100 per centum, and " (C) in the case of a project (other than a project described in subparagraph (A)) to be assisted with a loan or loan guarantee made under part C, the principal amount of the loan directly made or guaranteed for such project, when added to any other assistance provided the project under this title, may not exceed 90 per centum of the cost of such project unless the project is located in an area determined by the Secretary to be an urban or I'ural poverty area, in which case the principal amount, when added to other assistance under this title, may cover up to 100 per centum of the cost of the project. "(3) The term 'hospital' includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses' home facilities, extended care facilities, facilities related to programs for home health services, self-care units, and central service facilities, operated in connection with hospitals, and also includes education or training facilities for health professonal personnel operated as an integral part of a hospital, but does not include any hospital furnishing primarily domiciliary care. "(4) The term 'public health center' means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility. "(5) The term 'nonprofit' as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. " (6) The term 'outpatient medical facility' means a medical facility (located in or apart from a hospital) for the diagnosis or diagnosis and treatment of ambulatory patients (including ambulatory inpatients) — " (A) which is operated in connection with a hospital, " (B) in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State; or "(C) which offers to patients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a reasonably full-range of diagnostic and treatment services. "(7) The term 'rehabilitation facility' means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of— " (A) medical evaluation and services, and " (B) psychological, social, or vocational evaluation and services, under competent professional supervision, and in the case of which the major portion of the required evaluation and services is furnished within the facility; and either the facility is operated in connection with a hospital, or all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State.

2271

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/956

 2272

PUBLIC LAW 93-641-JAN. 4, 1975

Ante,

p. 2268.

Ante,

p. 2227.

[88

STAT.

"(8) The term 'facility for long-term care' means a facility (including a skilled nursing or intermediate care facility) providing in-patient care for convalescent or chronic disease patients who required skilled nursing or intermediate care and related medical services— " (A) which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculous patients) or is operated in connection with a hospital, or " (B) in which such care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State. "(9) The term 'construction' means construction of new buildings and initial equipment of such buildings and, in any case in which it will help to provide a service not previously provided in the community, equipment of any buildings; including architects' fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land. "(10) The term 'cost' as applied to construction, modernization, or conversion means the amount found by the Secretary to be necessary for construction, modernization, or conversion, respectively, under a project, except that, in the case of a modernization project or a project assisted under part D, such term does not include any amount found by the Secretary to be attributable to expansion of the bed capacity of any facility. "(11) The term 'modernization' includes the alteration, expansion, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and the replacement of obsolete equipment of existing buildings. "(12) The term 'title,' when used with reference to a site for a project, means a fee simple, or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Secretary finds sufficient to assure for a period of not less than twenty-five years' undisturbed use and possession for the purposes of construction, modernization, or conversion and operation of the project for a period of not less than (A) twenty years in the case of a project assisted under an allotment or grant under this title, or (B) the term of repayment of a loan made or guaranteed under this title in the case of a project assisted by a loan or loan guarantee. "(13) The term 'medical facility' means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility (as may be designated by the Secretary) for the provision of health care to ambulatory patients. "(14) The term 'State Agency' means the State health planning and development agency of a State designated under title X IV. "(15) The term 'urban or rural poverty area' means an urban or rural geographical area (as defined by the Secretary) in which a percentage (as defined by the Secretary in accordance with the next sentence) of the residents of the area have incomes below the poverty level (as defined by the Secretaryof Commerce). The percentage referred to in the preceding sentence shall be defined so that the percentage of the population of the United States residing in urban and rural poverty areas is— " (A) not more than the percentage of the total population of the United States with incomes below the poverty level (as so defined) plus five per centum, and " (B) not less than such percentage minus five per centum. "(16) The term 'medically underserved population' means the population of an urban or rural area designated by the Secretary as an area with a shortage of health facilities or a population group designated by the Secretary as having a shortage of such facilities.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/957

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2273

"FINANCIAL STATEMENTS; KEGORDS AND AUDIT

"SEC. 1634. (a) I n the case of any facility for which an allotment payment, grant, loan, or loan guarantee has been made under this title, the applicant for such payment, grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State Agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show— " (1) the financial operations of the facility, and " (2) the costs to the facility of providing health services in the facility and the charges made by the facility for providing such services, during the period with respect to which the statement is filed. "(b)(1) Each entity receiving Federal assistance under this title shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such entity of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such entities which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the assistance referred to in paragraph (1). "(c) Each such entity shall file at least annually with the Secretary a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show— "(1) the financial operations o{ the facility constructed or modernized with such assistance, and "(2) the costs to such facility of providing health services in such facility, and the charges made for such services, during the period with respect to which the statement is filed. <'i

TECHNICAL

^2 USC 3oos-4.

Recordkeeping.

Audit.

ASSISTANCE

"SEC. 1635. The Secretary shall provide (either through the Department of Health, Education, and Welfare or by contract) all necessary technical and other nonfinancial assistance to any public or other nonprofit entity which is eligible to apply for assistance under this title to assist such entity in developing applications to be submitted to the Secretary under section 1604. The Secretary shall make every effort to inform eligible applicants of the availability of assistance under this title.

^2 USC 300 s-s.

"PART F—^AREA HEALTH SERVICES DEVELOPMENT FUNDS "DEVELOPMENT GRANTS FOR AREA HEALTH SERVICES DEVELOPMENT FUNDS

"SEC. 1640. (a) The Secretary shall make in each fiscal year a grant to each health system agency— " (1) with which there is in effect a designation agreement under section 1515(c), "(2) which has in effect an H S P and A I P reviewed by the Statewide Health Coordinating Council, and

^2 USC 3oot. Ante, p. 2239.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/958

 PUBLIC LAW 93-641-JAN. 4, 1975

2274 Ante,

p. 2256.

Ante,

p.

Ante,

p. 2235.

2232.

Limitation.

Appropriations.

42 USC 246.

42 USC 300^4 note.

42 USC 242b. 42 USC 299.

42 USC 291b note. 42 USC 291a.

STAT.

"(3) which, as determined under the review made under section 1535(c), is organized and operated in the manner prescribed by section 1512(b) and is performing its functions under section 1513 in a manner satisfactory to the Secretary, to enable the agency to establish and maintain an Area Health Services Development Fund from wdiich it may make grants and enter into contracts in accordance with section 1513(c)(3). "(b)(1) Except as provided in paragraph (2), the amount of any grant under subsection (a) shall be determined by the Secretary after taking into consideration the population of the health service area for which the health systems agency is designated, the average family income of the area, and the supply of health services in the area. "(2) The amount of any grant under subsection (a) to a health syst-ems agency for any fiscal year may not exceed the product of $1 and the population of the health service area for which such agency is designated. "(c) No grant may be made under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner and contain such information as the Secretary may require. "(d) For the purpose of making payments pursuant to grants under subsection (a), there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1975, $75,000,000 for the fiscal year ending June\30, 1976, and $120,000,000 for the fiscal year ending June 30, 1977." MISCELLANP:OUS AND TRANSITIONAL

Appropriations. 42 USC 300m note.

[88

PROVISIONS

SEC. 5. (a)(1) There are authorized to be appropriated for the fiscal year ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 314(a) of the Public Health Service Act, except that no grant made to a State with funds appropriated under this paragraph shall be available for obligation beyond— (A) three months after the date on which a State health planning and development agency is designated for such State under section 1421 of such Act, or (B) June 30, 1976, whichever is later. (2) There are authorized to be appropriated for the fiscal year ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 304 of the Public Health Service Act for experimental heaHJi services delivery systems, section 314(b) of such Act, and title IX of such Act, except that no grant made with funds appropriated under this paragraph shall be available for obligation beyond the later of (A) June 30, 1976, or (B) three months after the date on which a health systems agency has been designated under section 1415 of such Act for a health service area which includes the area of the entity for which a grant is made under such section 304, 314(b), or title IX. (b) Any State which has in the fiscal year ending June 30, 1975, or the next fiscal year funds available for obligation from its allotments under part A of title VI of the Public Health Service Act may in such fiscal year use for the proper and efficient administration during such year of its State plan approved under such part an amount of such funds which does not exceed 4 per centum of such funds or $100,000, whichever is less.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/959

 STAT.

]

PUBLIC LAW 93-641-JAN. 4, 1975

(c) A reference in any law or regulation— (1) to the agency of a State which administers or supervises the administration of a State's health planning functions inider a State plan approved under section 314(a) of the Public Health Service Act shall in the case of a State for which a State Health planning and development agency has been designated under section 1521 of such Act be considered a I'eference to the State agency designated under such section 1521; (2) to an agency or organization which has developed a comprehensive regional, luetropolitan, or other local area plan or plans referred to in section 314(b) of the Public Health Service Act shall if all or part of the area covered by such plan or plans is within a health service area established under section 1511 of the Public Health Service Act be considered a reference to the health systems agency designated under section 1515 of such Act for such health service area; and (3) to a regional medical program assisted under title IX of the Public Health Service Act shall if the program is located in a State for which a State health planning and development agency has been designated under section 1521 of the Public Health Service Act be considered a reference to such State agency, (d) Section 316 of the Public Health Service Act is repealed.

2275 42 USC 300m note.

'^^ "sc 246. ^"''^' P- 2242. ^^ use 300/-4 note.

Ante, p.. 2 2 2 9.

Ante, 42

p. 2239.

use

300m

use

299.

note 42

Repeal. 42

use

247a.

ADVISORY CO^IMI'ITEK

SEC. 6. (a) An advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act. (b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the enactuient of this Act, to the Couunittee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Couununity Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his I'ecommendations respecting the termination of each such advisory committee.

Termination. 42

note. 42

note, 42

note. 42

note.

use

217a

use

201

use

2661

use

4551

Reports to congressional committees.

AGENCY REPORTS

SEC. T. The Secretary of Health, Education, and Welfare shall J,Z°^J°^Z'report, within one year of the date of the enactment of this Act, to mittees. the Committee on Labor and Public Welfare of the Senate and the ^^^^ ^^'^ ^^^ Committee on Interstate and Foreign Commerce of the Llouse of Representatives (1) the identity of each report required to be made by the Secretary under the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 to the Congress (or any committee thereof), (2) the provision of such Acts which requires each such report, (3) the purpose of each such report, and (4) the due date for each such report. The report of the

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/960

 2276

PUBLIC LAW 93-642-JAN. 4, 1975

[88

STAT.

Secretary under this section may include such recommendations as he considers appropriate for termination or consolidation of any such reporting requirements. TECHNICAL AMENDMENT 42 USC 300e-4.

SEC. 8. Section 1305(b)(1) of the Public Health Service Act is amended to read as follows: " (b)(1) Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under this section for a health maintenance organization may not exceed $2,500,000. I n any fiscal year, the amount disbursed under a loan or loans made or guaranteed under this section for a health maintenance organization may not exceed $1,000,000,000." Approved January 4, 1975. Public Law 93-642

January 4, 1975 [S.3548]

Harry S Truman Memorial Scholarship Act. 20 USC 2001 note. 20 USC 2001.

AN ACT To establish the Harry S Truman memorial scholarships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Harry S Truman Memorial Scholarship Act". STATEMENT OF F I N D I N G S

SEC. 2. The Congress finds that— because a high regard for the public trust and a lively exercise of political talents were outstanding characteristics of the thirtythird President of the United States; because a special interest of the man from Independence in American history and a broad knowledge and understanding of the American political and economic system gained by study and experience in county and National Government culminated in the leadership of America remembered for the quality of his character, courage, and commonsense; because of the desirability of encouraging young people to recognize and provide service in the highest and best traditions of the American political system at all levels of government, it is especially appropriate to honor former President Harry S Truman through the creation of a perpetual education scholarship program to develop increased opportunities for young Americans to prepare and pursue careers in public service. DEFINITIONS

20 USC 2002.

SEC. 3. As used in this Act, the term— (1) "Board" means the Board of Trustees of the Harry S Truman Scholarship Foundation;

�


text:
Page:Dictionary of National Biography volume 19.djvu/135

Fitzgerald FITZGERALD, JAMES , the (d. 1608), was the eldest son of Sir Thomas Fitzgerald, commonly called Thomas Roe or Red Thomas. Thomas Roe had been bastardised and disinherited by his father, James Fitzjohn Fitzgerald, fourteenth earl of Desmond [q. v.], and though inclined to dispute the claim of his younger brother Gerald, fifteenth earl [q. v.], to the earldom of Desmond, circumstances had proved too strong for him, and he had sunk into obscure privacy. By his wife Ellice, daughter of Richard, lord Poer, he had two sons, James and John, and a daughter, who married Donald Pipi MacCarthy Reagh. When of an age to understand his position James Fitzthomas repaired to court to petition Elizabeth for a restoration of his rights. His petition was regarded with favour, some slight encouragement held out to him, and a small yearly allowance promised him. Consequently, during the rebellion of his uncle Gerald, both he and his father remained staunch in their allegiance to the crown, and after the death of the earl and the suppression of the rebellion in 1583 they naturally looked for their restoration to the earldom. But their petitions no longer found favour at court, for Munster was to be 'planted' with Englishmen, and for ever to be made loyal to England. So matters remained until 1598, when Munster, in the words of the Irish annalists, again became 'a trembling sod.' Instigated by his brother John and by Hugh O'Neill, earl of Tyrone, James Fitzthomas assumed the title of Earl of Desmond, and before long found himself at the head of eight thousand clansmen. To the expostulations of the Earl of Ormonde he replied, on 12 Oct. 1598, by a statement of his grievances, and by an avowal of his intention, seeing he could obtain no justice, 'to maintain his right, trusting in the Almighty to further the same.' The struggle lasted for three years. But in October 1600, while withdrawing his forces from the open into the woods of Aharlow, he was surprised by Captain Greame and the garrison of Kilmallock. From that day the Geraldines never rallied again to any purpose. Dismissing his followers the earl took to the woods for safety, where, in May 1601, Sir George Carew was informed that he was living 'in the habit of a priest,' but determined 'to die rather than to depart the province, retaining still his traitorly hopes to be relieved out of Ulster or out of Spain' (Cal. Carew MSS. iv. 55). Carew made several attempts to procure his capture or death, but without success, for 'such is the superstitious folly of these people, as for no price he may be had, holding the same to be so heinous as no priest will give them absolution' (ib. iii. 471). Eventually, on 29 May 1601, he was captured by Edmund Fitzgibbon, the White Knight [q. v.], while hiding in 'an obscure cave many fathoms underground' in the neighbourhood of Mitchelstown. He was placed in irons to prevent a rescue, 'so exceedingly beloved of all sorts' was he, and conveyed to Shandon Castle, where he was immediately arraigned and adjudged guilty of treason. For a time Carew hoped to make use of him against a still greater rebel, Hugh O'Neill ; but finding him to be after all but a 'dull-spirited traitor,' he on 13 Aug. handed him over to Sir Anthony Cooke, who conveyed him to England, where, on his arrival, he was placed in the Tower. Of his life in prison there remains only the following pathetic notice: 'The demands of Sir John Peyton, Lieutenant of Her Majesty's Tower of London, for one quarter of a year, from St. Michael's day 1602 till the feast of our Lord God next. For James M'Thomas. Sayd tyme at 3l. per week, physicke, sourgeon, and watcher with him in his Lunacy.' He is said to have died in 1608, and to have been buried in the chapel of the Tower. He married Ellen, widow of Maurice, elder brother of Edmund, the White Knight, but had no issue. John Fitzthomas, his brother, who had shared with him in the vicissitudes of the rebellion, and who indeed seems to have been the prime instigator of it, after his brother's capture, escaped with his wife, the daughter of Richard Comerford of Dangenmore, Kilkenny, into Spain, where he died a few years afterwards at Barcelona. His son Gerald, known as the Conde de Desmond, entered the service of the Emperor Ferdinand II, and was killed in 1632. As he left no issue, in him ended the heirs male of the four eldest sons of Thomas, eighth earl of Desmond [q. v.] [The principal references to the life of the Sugan Earl will be found collected together in the Unpublished Geraldine Documents, edited by Hayman and Graves, pt. ii.]  FITZGERALD, JAMES, first (1722–1773), was the second but eldest surviving son of Robert, nineteenth earl of Kildare, and head of the great family of the Geraldines, by Lady Mary O'Brien, eldest daughter of William, third earl of Inchiquin. He was born on 29 May 1722, and, after receiving his preliminary education at home, travelled on the continent from February 1737 to September 1739. In the following year he became heir-apparent to the earldom of Kildare, on the death of his elder brother, and on 17 Oct. 1741 he entered the Irish House of Commons as member for Athy,


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/961

 88 STAT. ]

PUBLIC LAW 93-642-jAN. 4, 1975

(2) "Foundation" means the H a r r y S Truman Scholarship Foundation; (3) "fund" means the H a r r y S Truman Memorial Scholarship Fund; (4) "institution of higher education" means any such institution as defined by section 1201(a) of the Higher Education Act of 1965; (5) "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, considered as a single entity, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands; and (6) "Secretary" means the Secretary of the Treasury,". SEC. 4. The H a r r y S Truman Scholarship Program as authorized by this Act shall be the sole Federal memorial to President H a r r y S Truman.

2277

20 USC 1141.

20 USC 2003.

ESTABLISHMENT OF THE HARRY S TRUMAN S C H O L A R S H I P PROGRAM

SEC. 5. (a) There is established, as an independent establishment of the executive branch of the United States Government, the H a r r y S Truman Scholarship Foundation. (b)(1) The Foundation shall be subject to the supervision and direction of a Board of Trustees. The Board shall be composed of thirteen members, as follows: (A) two Members of the Senate, one from each political party, to be appointed by the President of the Senate; (B) two Members of the House of Representatives, one from each political party, to be appointed by the Speaker; (C) eight members, not more than four of whom shall be of the same political party, to be appointed by the President with the advice and consent of the Senate, of whom one shall be a chief executive officer of a State, one a chief executive officer of a city or county, one a member of a Federal court, one a member of a State court, one a person active in postsecondary education, and three representatives of the general public; and (D) the Commissioner of Education or his designate, who shall serve ex officio as a member of the Board, but shall not be eligible to serve as Chairman. (c) The term of office of each member of the Board shall be six years; except that (1) the members first taking office shall serve as designated by the President, four for terms of two years, five for terms of four years, and four for terms of six years, and (2) any member appointed to fill a vacancy shall serve for the remainder of the tei"m for which his predecessor was appointed, and shall be appointed in the same manner as the original appointment for that vacancy was made. (d) Members of the Board shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

38-194 O - 76 - 61 Pt. 2

Establishment. 20 USC 2004. Membership.

Term.

Compensation,

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/962

 2278

PUBLIC LAW 93-642-JAN. 4, 1975

[88 STAT.

SCHOLARSHIPS 20 USC 2005.

gpc g (a) Xhe Foundation is authorized to award scholarships to persons who demonstrate outstanding potential for and who plan to pursue a career in public service. Award recipients shall be known as Truman scholars. (b) Scholarships under this Act shall be awarded for such periods as the Foundation may prescribe but not to exceed four academic years. (c) A student awarded a scholarship under this Act may attend any institution of higher education offering courses of study, training, or other educational activities designed to prepare persons for a career in public service as determined pursuant to criteria established by the Foundation. (d) Each student awarded a scholarship under this Act must have indicated a serious intent to enter the public service upon the completion of his or her educational program. Each institution of higher education at which such a student is in attendance will make reasonable continuing efforts to encourage such a student to enter the public service upon completing his or her educational program. SELECTION OF TRUMAN

20 USC 2006.

SCHOLARS

gjjc. 7. (a) The Foundation is authorized, either directly or by contract, to provide for the conduct of a nationwide competition for the purpose of selecting Truman scholars. (b) The Foundation shall adopt selection procedures which shall assure that at least one Truman scholar shall be selected each year from each State in which there is at least one resident applicant who meets the minimum criteria established by the Foundation. STIPENDS

20 USC 2007.

gjjQ^ 3^ Each student awarded a scholarship under this Act shall receive a stipend which shall not exceed the cost to such student for tuition, fees, books, room and board, or $5,000 whichever is less for each academic year of study. SCHOLARSHIP

20 USC 2008.

Reports.

CONDITIONS

S E C 9. (a) A student awarded a scholarship under the provisions of this Act shall continue to receive the payments provided in this Act only during such periods as the Foundation finds that he or she is maintaining satisfactory proficiency and devoting full time to study or research designed to prepare him or her for a career in public service and is not otherwise engaging in gainful employment other than employment approved by the Foundation pursuant to regulation. ^|^^ rpj^^ Fouudation is authorized to require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any student awarded a scholarship under the provisions of this act. Such reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that such student is making satisfactory progress in, and is devoting essentially full time to, study or research, except as otherwise provided in subsection (a).

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/963

 88

STAT.]

PUBLIC LAW 93-642-JAN. 4, 1975

2:279

TRUMAN MEMORIAL SCHOLARSHIP FUND

SEC. 10. (a) There is established in the Treasury of the United States a trust fund to be known as the H a r r y S Truman Memorial Scholarship Trust Fund. The fund shall consist of amounts appropriated to it by section 14 of this act. (b) I t shall be the duty of the Secretary to invest in full the amounts appropriated to the fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market place. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such special obligations shall be the multiple of oneeighth of 1 per centum next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest. (c) Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary at the market price, and such special obligations may be redeemed at par plus accrued interest. (d) The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund.

Establishment. 20 USC 2009.

31 USC 774.

EXPENDITURES FROM THE FUND

SEC. 11. (a) The Secretary is authorized to pay to the Foundation from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out the purposes of the Act. (b) The activities of the Foundation under this Act may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Foundation, pertaining to such activities and necessary to facilitate the audit.

20 USC 2010.

GAO audit.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/964

 2280

PUBLIC LAW 93-642-JAN. 4, 1975

[88

STAT.

EXECUTIVE SECRETARY

20 USC 2011.

5 USC 5332 note.

SEC. 12. (a) There shall be an Executive Secretary of the Foundation who shall be appointed by the Board. The Executive Secretary shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Secretary shall carry out such other functions consistent with the provisions of this Act as the Board shall delegate. (b) The Executive Secretary of the Foundation shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. ADMINISTRATIVE

PROVISIONS

20 USC 2012.

gj,Q_ Y^^ (^Q^^ jj^ order to carry out the provisions of this Act, the Foundation is authorized to— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act, except that in no case shall employees other than the Executive Secretary be compensated at a rate to exceed the rate provided for employees in grade 15 of the General Schedule set forth in section 5332 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS-18 in section 5332 of such title; Regulations. ^3^ prescHbe such regulations as it deems necessary governing the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation; and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (5) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; Contract au' (6) enter into contracts, grants, or other arrangements, or thority. modifications thereof, to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (7) make advances, progress, and other payments which the Board deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); (8) rent office space in the District of Columbia; and (9) make other necessary expenditures. Report to pres. (b) The Fouudation shall submit to the President and to the llTsr""* ^°"' Congress an annual report of its operations under this Act. APPROPRIATIONS AUTHORIZED

20 USC 2013.

SEC. 14. There are authorized to be appropriated $30,000,000 to the fund. Approved January 4, 1975.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/965

 88 STAT. ]

PUBLIC LAW 93-643-JAN. 4, 1975

2281

Public Law 93-643 ^^ ACT To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purix)ses.

January 4, 1975 [s. 3934]

Be it enacted by the Senate and House of Represeiitatives of the Federal-Aid United States of America in Congress assembled, That this Act may Highway Ameridbe cited as the "Federal-Aid Highway Amendments of 1074," memro^f m " 23 USC 101 note. IIIGHWAY AUTHORIZATIONS SEC. 101. For the purpose of carrying out the provisions of title 23 23, United States Code, the following sums are hereby authorized to seq. use 101 et be appropriated: (1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, an additional $100,000,000 for the fiscal year 1976. For the Federal-aid secondary system in rural areas, out 01 the Highway Trust Fund, an additional $50,000,000 for the fiscal year 1976. Sums authorized by this paragraph are in addition to the authorizations for fiscal year 1976 for these systems in section 104(a)(1) of the Federal-Aid Highway Act of 1973. 87 Stat. 251. (2) For control of outdoor advertising under section 131 of title 23, United States Code, $50,000,000 for the fiscal year 1975, ^°«^ p- 2284. (3) For control of junkyards under section 136 of title 23, United States Code, $15,000,000 for the fiscal year 1975. ^°s^ P. 2285. (4) For landscaping the scenic enhancement under section 319(b) of title 23, United States Code, $10,000,000 for the fiscal year 1975. (5) Nothing in paragraph (1) or (6) of this section shall be construed to authorize the appropriation of any sums to carry out section 131, 136, 319(b), or chapter 4 of title 23, United States Code. 23 USC 40i. (6) For off-system roads under section 219, title 23, United States ^°«'' P- 2239. Code, $200,000,000 for the fiscal year 1976. INDIAN RESERVATION ROADS AND BRIDGES SEC. 102. (a) Paragraph (9) of subsection (a) of section 104 of the Federal-Aid Highway Act of 1973 is amended to read as follows: 87 Stat. 252. "(9) For Indian reservation roads and bridges, $83,000,000 for the fiscal year ending June 30, 1974, $84,000,000 for the fiscal year ending June 30, 1975, and $83,000,000 for the fiscal year ending June 30, 1976.". (b) The definition of the term "Indian reservation roads and "Indian reservabridges" in subsection (a) of section 101 of title 23, United States bridgTs^."^ """ Code, is amended to read as follows: "The term 'Indian reservation roads and bridges' means roads and bridges, including roads and bridges on the Federal-aid systems, that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.". (c) Section 208 of title 23, United States Code, is amended by relettering subsections (c) and (d) as (d) and (e), respectively, and adding a new subsection (c) as follows: "(c) Before approving as a project on an Indian reservation road or bridge any project on a Federal-aid system in a State, the Secretary nnist determine that obligation of funds for such project is supplementary to and not in lieu of the obligation, for projects on Indian

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/966

 2282 23 USC 101" note.

PUBLIC LAW 93-643-JAN. 4, 1975

[88

STAT.

reservation roads and bridges, of a fair and equitable share of funds apportioned to such State under section 104 of this title." (d) No funds appropriated under the expanded definition of this section shall be expended without the formal consent of the governing body of the tribe band or group of Indians or Alaskan Natives for whose use the Indian reservation roads and bridges are intended. RURAL H I G H W A Y P U B L I C TRANSPORTATION DEMONSTRATION PROGRAM

no" ^^^ ^^^

^^^- ^^^- Section 147 of the Federal-Aid Highway Act of 1973 is amended to read as follows: " (a) To encourage the development, improvement, and use of public mass transportation systems operating vehicles on highways for transportation of passengers within rural areas and small urban areas, and between such areas and urbanized areas, in order to enhance access of rural populations to employment, health care, retail centers, Appropriations, education, and public services, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, and $60,000,000 for the fiscal year ending June 30, 1976, of which $50,000,000 shall be out of the Highway Trust Fund, to the Secretary of Transportation to carry out demonstration projects for public mass transportation on highways in rural areas and small urban areas. Projects eligible for Federal funds under this section shall include highway traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, the purchase of passenger equipment other than rolling stock for fixed rail, and the payment from the General Fund for operating expenses incurred as a result of providing such service. To the extent intercity bus service is provided under the program, preference shall be given to private bus operators who lawfully have provided rural highway passenger transportation over the routes or within the general area of the demonstration project. "(b) Prior to the obligation of any funds for a demonstration project under this section, the Secretary shall provide for public Notice. notice of any application for funds under this section which notice shall include the name of the applicant and the area to be served. Hearing. Withlu slxty days thereafter, a public hearing on the project shall be held within the proposed service area." DEMONSTRATION P R O J E C T

23 USC 130 riot6 •

R A I L R O A D - H I G H W A Y CROSSING

gj,^^;|^Q^^ Section 163 of the Federal-Aid Highway Act of 1973 is •

.

^^

amended by relettering subsection (a) as paragraph (a)(1) and adding the following new paragraph: "(2) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out an engineering and Lafayette, ind. feasibility study for a demonstration project in Lafayette, Indiana, Appropriation, -f^j. relocation of railroad lines from the central area of the city. There are authorized to be appropriated to carry out this paragraph $360,000 for the fiscal year ending June 30, 1975." TRANSPORTATION FOR ELDERLY A N D H A N D I C A P P E D PERSONS 23 USC 142 note.

SEC. 105. (a) I t is hereby declared to be the national policy that elderly and handicapped persons have the same right as other persons to utilize mass transportation facilities and services; that special efforts shall be made in the planning, design, construction, and operation of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation

�