text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/760

 90 STAT. 2228

Research fellowships.

20 USC 1221e.

PUBLIC LAW 94-482—OCT. 12, 1976 "(2) Funds appropriated pursuant to subsection (b) for any fiscal year may be expended on projects and activities to disseminate (A) information on the results of educational research and development; and (B) other educational information. Projects and activities funded under this paragraph may include cooperative and jointly funded arrangements for such dissemination utilizing individuals who may be designated as 'Education Extension Agents'. Employment opportunities at the local level which are generated and funded through projects and activities carried out under the preceding sentence of this paragraph shall be made available to residents of the area to be served, if any such residents are qualified for, and apply for, such employment. "(3) The Director may establish and maintain research fellowships j ^ ^he Institute, with such stipends and allowances, including travel and subsistence expenses, as the Director may deem necessary to procure the assistance of highly qualified research fellows from the United States and abroad.". (d) Section 405 of the General Education Provisions Act is amended by redesignating subsection (g) and subsection (h), and any reference thereto, as subsection (i) and subsection (j), respectively, and by inserting immediately after subsection (e) the following new subsections: "(f)(1) In carrying out the functions of the Institute under this section, the Director shall, in accordance with the provisions of this subsection, make grants to, and enter into contracts with— "(A) regional educational laboratories established by public agencies or private nonprofit organizations; and "(B) research and development centers established by institutions of higher education or by interstate agencies established by compact which operate subsidiary bodies established to conduct postsecondary educational research and development. " (2) No grants shall be made and no contract entered into under this subsection unless— " (A) proposals for assistance under this subsection are solicited from regional educational laboratories and research and development centers by the Director; "(B) proposals for such assistance are developed by the regional educational laboratories and the research and development centers in consultation with the Director; "(C) proposals are submitted in an application, containing or accompanied by such information as is essential to carry out the provisions of this section, including assurances that the laboratory or center involved will— "(i) be responsible for the conduct of the research and development activities; "(ii) prepare a long-range plan relating to the conduct of such research and development activities; "(iii) ensure that information developed as a result of such research and development activities, including new educational methods, practices, techniques, and products, be disseminated; "(iv) provide technical assistance to appropriate educational agencies and institutions; and "(v) to the extent practicable, provide training for individuals, emphasizing training opportunities for women and members of minority groups, in the use of new educational methods, practices, techniques, and products developed in connection with such activities; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/761

 PUBLIC LAW 94-482—OCT. 12, 1976 "(D) the Director determines that the proposed activities will be consistent with the education research and development program and dissemination activities which are being conducted by the Institute. "(3)(A) The Director shall establish a Panel for the Keview of Laboratory and Center Operations composed of not less than 10 members nor more than 20 members who shall be appointed by the Director from written recommendations submitted by educational laboratories and research and development centers which have submitted applications under the provisions of this subsection, and by associations of professional, commercial, scholarly, and educational associations, particularly associations or organizations engaged in educational research. " (B) The Panel shall— "(i) review, and prepare recommendations on, initial longrange plans suljmitted under paragraph (2)(C) (ii); " (ii) review the operation of the laboratories and centers receiving assistance under this subsection and make recommendations for the improvement and continuation of individual laboratories and centers and for the support of new laboratories and centers; and "(iii) not later than January 1, 1979, submit a final report to the Director and to the Congress containing such recommendations as the Panel considers appropriate and such interim reports as the Panel considers appropriate. "(C) Each member of the Panel who is not an officer or employee of the United States shall, while engaged in the business of the Panel, be entitled to receive compensation at not to exceed the daily rate specified at the time of such service for Grade GS-18 under section 5332 of title 5, United States Code, including traveltime. While so serving on the business of the Panel away from his home or regular place of business, each such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons intermittently employed in the Government service. "(D) The Director, for the use of the Panel, and pursuant to the recommendations of the Panel, is authorized— "(i) to appoint, without regard to the provisions of title 5, United States Code, governing appointments in competitive service, and fix the compensation for, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general pay rates, such professional, technical, and clerical personnel as may be necessary; and "(ii) to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code. "(4) No regional edcational laboratory or research and development center receiving assistance under this subsection shall by reason of the receipt of such assistance be ineligible to receive any other assistance from the Institute authorized by law. "(g)(1) There is established within the Institute a Federal Council on Educational Eesearch and Development (hereinafter in this subsection referred to as the 'Federal Council'), "(2) The Federal Council shall be composed of representatives of Federal agencies engaged in research and development relating to education, and shall include, but not be limited to, a representative desig-

90 STAT. 2229

Panel for the Review of Laboratory and Center Operations. Establishment.

Federal Council on Educational Research and Development. Establishment.

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


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Page:United States Statutes at Large Volume 90 Part 2.djvu/762

 90 STAT. 2230

20 USC 1221e.

PUBLIC LAW 94-4S2--0CT. 12, 1976 nated by the Secretary of Defense, a representative designated by the Secretary of Labor, the Director of the National Institutes of Education, the Director of the National Institute of Health, the Director of the National Science Foundation, the Director of the Office of Child Development of the Department of Health, Education, and Welfare, and the Commissioner of Education. "(3) The President shall designate the Director of the Institute to be the Chairman of the Federal Council, "(4) The President shall appoint additional representatives of Federal agencies and may alter the membership of the Federal Council from time to time as he considers necessary to meet changes in Federal programs or in the organization of the executive branch of the Federal Government. "(5) The Federal Council shall— "(A) advise, and consult with, the Director of the Institute with respect to major problems arising in connection vs^ith carrying out the purposes of the Institute; "(B) promote coordination between the programs and activities of the Institute and related programs and activities of other Federal agencies, including the joint support of activities to the extent such support is appropriate; "(C) make an annual report to the Congress and the President on the status of educational research and development in the United States, including (i) a catalog of federally assisted programs in educational research and development; (ii) a report of the most significant findings of such research and development; and (iii) recommendations with respect to the manner in which such Federal research and development efforts may be improved; and "(D) make recommendations to the Congress and the President with respect to effective means for the dissemination throughout the United States of information relating to educational research and development, and carry out an assessment of existing efforts used by Federal agencies for the dissemination of such information. "(h)(1) In conducting educational research under subsection (e) which deals with specific education programs or the target populations of such programs, the Director shall consult with the appropriate administrators of such programs within appropriate Federal agencies. "(2) The head of any Federal agency which conducts educational research or provides financial assistance for such research shall consult with the Director with respect to the design of programs of such research.". (e) Section 405(j) of the General Education Provisions Act, as so redesignated by subsection (d), is amended by adding at the end thereof the following new sentence: "There are also authorized to be appropriated for such purpose $100,000,000 for fiscal year 1977 and $200,000,000 for each of fiscal years 1978 and 1979.". TECHNICAL REVISION RELATING TO PROHIBITION AGAINST FEDERAL CONTROL

20 USC 1230. 20 USC 1232a.

SEC. 404. (a) Section 421 of the General Education Provisions Act is amended by inserting " (except as otherwise provided)" after "part". (b) Section 432 of the General Education Provisions Act is amended by striking out all the matter preceding "shall" and inserting in lieu thereof the following: "No provision of any applicable program".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/763

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2231

REGULATIONS

SEC. 405. (a)(1) Section 431 of the General Education Provisions Act is amended by striking out "SEC. 431. (a) " and inserting in lieu 20 USC 1232. thereof " (2) " and by inserting immediately after the section heading the following: "§EC. 431. (a)(1) For the purpose of this section, the term 'regulation' means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by the • Commissioner.". (2)(A) Section 431(a)(2) of such Act, as redesignated by this section, is amended by striking out "Kules, regulations, guidelines, or other published interpretations or orders" and inserting in lieu thereof "Regulations". (B) Such section 431(a)(2) is further amended by striking out "rules, regulations, guidelines, interpretations, or orders and inserting in lieu thereof "regulations". (b)(1) Section 431(b)(1) of such Act is amended by striking out "standard, rule, regulation, or requirement of general applicability" and inserting in lieu thereof "proposed regulation". (2) Section 431(b)(2)(A) of such Act is amended by striking out "standard, rule, regulation, or general requirement" and inserting in lieu thereof "regulation". (c) Section 431(c) of such Act is amended by striking out "rules, regulations, guidelines, interpretations, or orders" and inserting in lieu thereof "regulations". (d)(1) Section 431(d)(1) of such Act is amended by striking out "standard, rule, regulation, or requirement of general applicability" and inserting in lieu thereof "regulation". (2) Section 431(d)(1) of such Act is further amended by striking out "standard, rule, regulation, or requirement" each time it appears and inserting in lieu thereof "regulation". (3) Section 431(d)(2) of such Act is amended by striking out "standard, rule, regulation, or requirement" each time it appears and inserting in lieu thereof "regulation". (e)(1) Section 431(e) of such Act is amended by striking out "standard, rule, regulation, or requirement" and inserting in lieu thereof "regulation". (2) Section 431(e) of such Act is further amended by striking out "proposed standard, rule, regulation, or requirement of general applicability" and inserting in lieu thereof "final regulation". (f) Section 431(g) of such Act is amended by striking out "rules, regulations, and guidelines" each time it appears and inserting in lieu thereof "final regulations". (g) The heading of section 431 of such Act is amended to read as follows: "REGULATIONS: REQUIREMENTS AND ENEORCEMENT". CONTROL OF PAPERWORK

SEC. 406. Section 406 of the General Education Provisions Act is 20 USC amended by redesignating subsection (g) as subsection (h) and by 1221e-l. inserting after subsection (f) the following new subsection: "(g)(1)(A) In order to eliminate excessive detail and unnecessary or redundant information requests, the Secretary and the Commissioner shall, in accordance with the provision of this subsection, coordinate the collection of information and data acquisition activities of the Education Division and the Office for Civil Rights.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/764

 90 STAT. 2232 Definitions.

Information collection and data acquisition.

42 USC 2000a note.

Report to Congress.

PUBLIC LAW 94-482—OCT. 12, 1976 "(B) For the purpose of this Subsection, the term— "(i) 'information' has the meaning given it by section 3502 of title 44, United States Code; and "(ii) 'educational agency or institution' means any public or private agency or institution which is the recipient of funds under any applicable program, including any preschool program. "(C) The Commissioner shall establish and provide staff personnel to operate information collection and data acquisition review and coordination procedures to be directed by the Administrator for the National Center for Education Statistics. The procedures shall be designed to review proposed collection of information and data acquisition activities in order to advise the Commissioner and the Secretary with respect to whether such activities are excessive in detail or unnecessary or redundant. " (2)(A) The Administrator shall assist each bureau or agency directly responsible for an applicable program, and the Office for Civil Rights, in performing the coordination required by this subsection, and shall require of each such bureau, agency, and office— "(i) a detailed justification of how information once collected will be used; and "(ii) an estimate of the man-hours required by each educational agency or institution to complete the requests. "(B) Each educational agency or institution subject to a request under the collection of information and data acquisition activity and their representative organizations shall have an opportunity, during the 30-day period before the transmittal of the request to the Director of the Office of Management and Budget, to comment to the Administrator on the collection of information and data acquisition activity. "(C) Nothing in this subsection shall be construed to interfere with the enforcement of the provisions of the Civil Rights Act of 1964 or any other nondiscrimination provisions of Federal law. " (3) The Administrator shall, insofar as practicable, and in accordance with the provisions of this title, provide educational agencies and institutions with summaries of the information collected and the data acquired by the Education Division and the Office for Civil Rights'. "(4) The Administrator shall, insofar as practicable, develop a common set of definitions and terms after consultation with the head of each bureau or agency directly responsible for the administration of an applicable program. "(5) The Commissioner shall prepare as part of the annual report to the Congress provisions relating to the progress made by the Secretary, the Commissioner, and the Administrator in meeting the objectives of this subsection and make to the Congress whatever legislative recommendations necessary for meeting the objectives.". ADMINISTRATIVE

20 USC 1232i.

42 USC 2000d.

HEARINGS

SEC. 407. Section 440 of the General Education Provisions Act is amended by inserting ' ' (a) " immediately after "SEC. 440" and by adding at the end thereof the following new subsection: "(b) The extension of Federal financial assistance to a local educational agency may not be limited, deferred, or terminated by the Secretary on the ground of noncompliance with title VI of the Civil Rights Act of 196i or any other nondiscrimination provision of Federal law unless such agency is accorded the right of due process of law, which shall include—

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Page:United States Statutes at Large Volume 90 Part 2.djvu/765

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2233

"(1) at least 30 days prior written notice of deferral to the agency, setting forth the particular program or programs which the Secretary finds to be operated in noncompliance with a specific provision of Federal law; "(2) the opportunity for a hearing on the record before a duly Hearing, appointed administrative law judge within a 60-day period (unless such period is extended by mutual consent of the Secretary and such agency) from the commencement of any deferral; "(3) the conclusion of such hearing and the rendering of a decision on the merits by the administrative law judge within a period not to exceed 90 days from the commencement of such hearing, unless the judge finds by a decision that such hearing cannot • S be concluded or such decision cannot be rendered within such period, in which case such judge may extend such period for not to exceed 60 additional days; " (4) the limitation of any deferral of Federal financial assistance which may be imposed by the Secretary to a period not to exceed 15 days after the rendering of such decision unless there has been an express finding on such record that such agency has .^,,,, failed to comply with any such nondiscrimination provision of Federal law; and "(5) procedures, which shall be established by the Secretary, to ensure the availability of sufficient funds, without regard to any fiscal year limitations, to comply with the decision of such judge.". STUDENT ADMISSION

PRACTICES

SEC. 408. Section 440 of the General Education Provisions Act, as 20 USC 1232i. amended by section 407, is further amended by adding at the end thereof the following new subsection: "(c) I t shall be unlawful for the Secretary to defer or limit any Federal financial assistance on the basis of any failure to comply with the imposition of quotas (or any other numerical requirements which have the effect of imposing quotas) on the student admission practices of an institution of higher education or community college receiving Federal financial assistance.". EXTENSION OF REPORTING DATES FOR CERTAIN PROGRAMS

SEC. 409. (a) Section 403(c)(3) of the General Education Provisions Act is amended by striking out "November 1" and inserting in lieu thereof "February 1". (b) Section 422(b) of the General Education Provisions Act is amended by striking out "March 31" and inserting in lieu thereof "June 30". (c) Section 4(b)(1) of the Special Projects Act is amended by striking out "February 1" and inserting in lieu thereof "March 1". (d)(1) Section 825(a) of the Education Amendments of 1974 is amended by striking out "June 30, 1976" and inserting in lieu thereof "August 31, 1977". (2) Section 825(c) of such Act is amended by striking out "December 1, 1976" and inserting in lieu thereof "August 31, 1977". TREATMENT OF I N D I A N POSTSECONDARY SCHOOLS

SEC. 410. The Act of November 2, 1921 (25 U.S.C. 13) is amended by adding at the end thereof the following new undesignated paragraph:

20 USC 1221c. 20 USC 1231a. 20 USC 1853. 20 USC 241a «ote.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/766

 90 STAT. 2234

20 USC 1141. 20 USC 1001 °o*®-

PUBLIC LAW 94-482—OCT. 12, 1976 "Notwithstanding any other provision of this Act or any other law, postsecondary schools administered by the Secretary of the Interior for Indians, and which meet the definition of an 'institution of higher education' under section 1201 of the Higher Education Act of 1965, shall be eligible to participate in and receive appropriated funds under any program authorized by the Higher Education Act of 1965 or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.". PRESIDENTIAL ADVISORY COUNCILS

20 USC 1233b.

SEC. 411. Section 443(b) of the General Education Provisions Act is amended to read as follows: "(b) Members of Presidential advisory councils shall continue to serve, regardless of any other provision of law limiting their terms, until the President appoints other members to fill their positions.". AMENDMENT RELATING TO SEX DISCRIMINATION

20 USC 1681.

•

Effective date. 20 USC 1681 note.

SEC. 412. (a) Section 901(a) of the Education Amendments of 1972 is amended— (1) by striking out "and" at the end of paragraph (5): (2) by striking out "This" in paragraph (6) and inserting in lieu thereof "this"; (3) by striking out the period at the end of paragraph (6) and inserting in lieu thereof a semicolon; and (4) by adding at the end thereof the following new paragraphs: " (7) this section shall not apply to— "(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference. Girls State conference, or Girls Nation conference; or "(B) any program or activity of any secondary school or educational institution specifically for— " (i) the promotion of any Boys State conference. Boys Nation conference, Girls State conference, or Girls Nation conference; or "(ii) the selection of students to attend any such conference; "(8) this section shall not preclude father-son or motherdaughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and "(9) this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.". (b) The amendment made by subsection (a) shall take effect upon the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/767

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2235

TITLE V—TECHNICAL AND MISCELLANEOUS PROVISIONS PART A—TECHNTCAI. AMENDMENTS TECHNICAL

AMENDMENTS

SEC. 501. (a) The Education Amendments of 1974 is amended— (1) in section 101(a)(3) by inserting '', 122, and 123" immediately after "121" and by inserting, 127, 128, respectively", immediately after "126" and before the period; (2) in section 103(a)(2) by inserting "of section 301(b)'" immediately after "The second sentence" and by striking out "and each of the five succeeding fiscal years,"; (3) in section 305(a) by inserting "(b)(1)" immediately before "The amendments made by paragraphs (1) and (2)" which follows the matter in quotation marks in paragraph (3) of such subsection; (4) in section 402(a)(2) by striking out "July 24, 1954" and inserting in lieu thereof "July 26, 1954"; (5) in section 405 by striking out "(f)(1) The Commissioner shall establish or designate a clearing-" the second time it appears therein and by inserting in lieu thereof " (3) Appointments to the advisory council shall be completed"; (6) in section 406(e) by striking out "November 1, 1975" and inserting in lieu thereof "May 1, 1976"; (7) in section 406(g)(4) by striking out "November 1, 1975" and inserting in lieu thereof "May 1, 1976"; (8)(A) in section 408(d)(2)(B) by striking out " (a) " and inserting in lieu thereof " (d)(1) "; (B) in section 408(d) by striking out paragraph (3) and redesignating paragraph (4) as paragraph (3); (C) in the third sentence of section 408(f)(1) by inserting "from among the members indicated in clause (A) " after "Chairman"; (D) in section 408(f)(4) by striking out "not later than a year" and inserting in lieu thereof "not later than twenty months"; (9) in section 511(b) by striking out "July 1, 1974" and inserting in lieu thereof "July 1, 1975"; (10) in section 516(a) by striking out "433" and inserting in lieu thereof "443"; (11) in section 612(b)(1) by striking out "to the Office" in the second sentence and inserting in lieu thereof "to the Bureau"; (12) in section 645 by striking out "Elementary" and inserting in lieu thereof "Emergency"; (13) in section 821(c) by amending the first sentence thereof to read as follows: "The Institute shall make interim reports to the President and to the Congress not later than December 31, 1976, and September 30, 1977, and shall make a final report thereto no later than September 30, 1978, on the result of its study conducted under this section."; (14)(A) in section 822(^a) by striking out "one year after the date of enactment of this Act" and inserting in lieu thereof "December 31, 1976";

20 USC 241d-l, 241d-2. 20 USC 841. 20 USC 238 note.

88 Stat. 544. 20 USC 1864.

20 USC 1865.

20 USC 1866.

20 USC 1232c note. 20 USC 1233b. 20 USC 1402 note. 20 USC 1607. 20 USC 1221e note.

20 USC 241c note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/768

 9 0 STAT. 2236 20 USC 241c note. 20 USC 241a note.

20 USC 1135. 20 USC 880b-l note. 20 USC 1209.

20 USC 241C-5. 20 USC 241d. 20 USC 241e.

20 USC 241o.

20 USC 241C-5 note. 20 USC 824.

PUBLIC LAW 94-482—OCT. 12, 1976 (B) in section 822(b) by striking out "one year after the date of enactment of this Act " and inserting in lieu thereof "six months after the completion of the survey authorized by subsection (a) "; (15) in section 823(2) by striking out " than one year after the effective date of this Act " and by inserting in lieu thereof "than December 31, 1975": (16) in section 824(b) by striking out "one year after the date of enactment of this Acit" and by inserting in lieu thereof " January 31, 1976"; (17) by amending the first sentence of section 825(b) to read as follows: " The Secretary shall request each State educational agency to take the steps necessary to establish and maintain appropriate records to facilitate the compilation of information specified in subsection (a) and to submit such information to him no later than June 1, 1976."; (18) in section 826(a) by— (A) inserting "of a representative sample of school" after "investigation and s t u d y "; and (B) striking out in paragraph (1) "sixty days after the enactment of this Act " and inserting in lieu thereof " July 1, 1975"; (19) in section 826(b) by striking out " W i t h i n fifty days after the enactment of this Act, the " and by inserting in lieu thereof "The", by striking out "sixty days after the date of enactment of this xAct" and by inserting in lieu thereof " July 1, 1975", and by striking out in the second sentence "the date of enactment of this Act " and by inserting in lieu thereof "such date "; (20) in section 837 by inserting "of the H i g h e r Education Act of 1965" after "section 1001(b)(1) "; (21) in section 845(c) by striking out " 7 0 8 (a) " and by inserting in lieu thereof " 7 3 2 (a) " and by striking out "continued" and inserting in lieu thereof "continue"; and (22) m section 845(f) by striking out " 3 1 0 (b) " and by inserting in lieu thereof "311 (b) ". (b)(1) Title I of the Elementary and Secondary Education Act of 1965 is amended— (A) in section 125 by striking out "Except as provided in section 843 of the Education Amendments of 1974, n o " and inserting in lieu thereof " N o "; (B) in section 126(b) by striking out "clauses (2), (5), (6), and (7) of section 1 0 3 (a), " and inserting in lieu thereof "sections 103(a)(2), 121,122, and 123,"; (C) in section 141(a) (13) by striking out "140" and inserting in lieu thereof "150"; (D) in section 141(a) (14)(A) by inserting "eligible" after "children"; and (E) in section 151(g) by striking out " January 31, 1975" and inserting in lieu thereof " February 1, 1975", and by striking out " January 3 1 " the second time it appears and inserting in lieu thereof " February 1"; (2) The amendment made by paragraph (1)(A) shall take effect on July 1, 1975. (c) Section 204(b) of the Elementary and Secondary Education Act of 1965 is amended by striking out "1973" and inserting in lieu thereof "1978". (d) Title VII of the Elementary and Secondary Education Act of 1965 is amended—

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Page:United States Statutes at Large Volume 90 Part 2.djvu/769

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2237

(1) in section 731(c) by striking out "November 1, 1975" and inserting in lieu thereof "November 1, 1976" and by striking out "of 1977" and by inserting in lieu thereof " February 1, 1978"; (2) in section 732(c) by striking out "November 1" and inserting in lieu thereof "March 3 1 "; and (3) in section 742 by inserting "of the National Institute of Education " after "Director" each place it appears. (e)(1) Section 403(b) of the Elementary and Secondary Education Act of lOOf) is amended by inserting at the end thereof the following new paragraph: " (5) During the fiscal year preceding the first fiscal year for which funds are appropriated pursuant to any part of this title, the State educational agency may use administrative funds available to the State under any program specified in section 401(c) for the purpose of carrying out the requirements of this subsection.". (2) Section 4 3 1 (a)(2) of the Elementary and Secondary Education Act of 1965 is amended by striking out "or private educational organizations". (f) I'he General Education Provisions Act is amended— (1) in section 434(b)(1)(A) by a d d i n g after the first sentence the following new sentence: "The provisions of the preceding sentence shall also apply in the case of a State or other jurisdiction in which there is only one local educational agency or in which the State educational agency is also the only local educational agency."; (2) in section 437(a) by striking out "within sixty d a y s " and inserting in lieu thereof "witliin ninety d a y s "; and (3) in section 437(b) by striking out "October 15" and inserting in lieu thereof "March 3 1 ". (g) Section 310A (b)(2)(A) of the Adult Education Act is amended by stiiking out " a p p r o v a l " and inserting in lieu thereof "approved". • (h) Sections 652(b)(3), 652(b)(4) and 652(b)(5) of the Education of the Handicapped Act each are amended by striking out " g r a n t and contract" and inserting in lieu thereof " g r a n t or contract". (i) Section 709(a) of the Emergency School Aid Act is amended by inserting "Assistant" before "Secretary". (j)(1) Section 194(b) of the Vocational PMucation Act of 1963 is amended by striking out "Secretary" and inserting in lieu thereof "Conunissioner". (2) Section 197(a)(2) of such Act is amended by striking out "to an agency" and inserting in lieu thereof "by an agency". (k)(1) Section 301 of the National Defense P^ducation Act of 1958 is amended by striking out "1977" and inserting in lieu thereof "1978". (2) Section 651(a) of the Education Amendments of 1974 is amended by striking out "1977" and inserting in lieu thereof "1978". (3) The amendments made by paragraph (1) of this subsection shall be effective on and after July l / l 9 7 4. (1) Section 801(j) of the Elementary and Secondary P'ducation Act of 1965 is amended by inserting " IV, " after "titles IT, III, ". (m)(1) Section 103(a) of the National Defense Education Act of 1958 is amended by striking out " P u e r to Kico," after "such term does not include". (2) Section 4 0 2 (a)(1) of such Act is amended by striking out "3 per centum" and inserting "1 per centum" in lieu thereof. (3) Section 1008 (A) of such Act is amended by striking out " P u e r to Rico,". (n) Section 403(17) of the Act of September 30, 1950 (Public Law 874, P^ighty-first Congress) is amended by striking out " ( b u t not

89-194 O—78—pt. 2

49

20 USC 880b-10. 20 USC 880b-ll. 20 USC 880b-13. 20 USC 1803.

20 USC 1801. 20 USC 1831. 20 USC 1232c.

20 USC 1232f.

20 USC 1208b. 20 USC 1452. 20 USC 1608. 20 USC 1393c. 20 USC 1393f. 20 USC 441. 20 USC 441 note.

20 USC 881. 20 USC 403. 20 USC 462. 20 USC 588. 20 USC 244.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/770

 90 STAT. 2238

20 USC 241C-5. 20 USC 241o.

20 USC

1221e-l.

20 USC 1806.

PUBLIC LAW 94-482—OCT. 12, 1976 including" and inserting in lieu thereof "; but at the option of a local educational agency, such term need not include", and by striking out "residing in nonproject a r e a s) " and inserting in lieu thereof "residing in nonproject areas". (o) Section 125 of the Elementary and Secondary Education Act of 1965 is amended by striking out " State agency" both places it appears and inserting in lieu thereof " State ". (p) Section 151(i) of the Elementary and Secondary Education Act is amended by a d d i n g at the end thereof the following new sentence: " I n carrying out the provisions of this section, the Commissioner shall place priority on assisting States and local educational agencies to conduct evaluations and shall, only as funds are available after fulfilling that purpose, seek to conduct any national evaluations of the program.". (q) Section 406(g) of the General Education Provisions Act is amended by striking out "for the fiscal year ending June 30, 1977" both times it appears and by inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1978". (r) Section 406(e) of the Elementary and Secondary Education Act of 1965 is amended by inserting after " h e " the following: "may waive such requirements and". PART B—MISCELLANEOUS

AMENDMENTS

REPORTS ON H I G H SCHOOL EQUIVALENCY PROGRAM AND COLLEGE ASSISTANCE MIGRANT PROGRAM

Reports to Congress. 20 USC 2561.

20 USC 1070d, 1070d-l. 29 USC 873.

SEC. 521. (a)(1) The Secretary of Health, Education, and Welfare, in consultation, where appropriate, with the Secretary of Labor, shall prepare and submit to the Congress not later than six months after the date of the enactment of this Act reports on programs and activities authorized by sections 417A and 417B of the H i g h e r Education Act of 1965, and on programs operated by the Department of Labor known as the H i g h School Equivalency Program and College Assistance M i g r a n t Program authorized under section 303 of the Comprehensive Employment and T r a i n i n g Act of 1973. The reports required by this subsection may include material from existing studies as well as such material prepared by Federal agencies and by contractors, consultants, and experts, as the Secretary of Health, Education, and Welfare deems necessary. (2) The reports required by this subsection shall examine the purposes, administration, and effectiveness of the programs described in paragraph (1) and shall determine if and to what extent each of such programs should be administered by the Office of Education, and if so, how the administration of such programs in the Office of Education should be structured to best achieve the purposes of such programs. (b) The Secretary of Labor shall administer and directly fund the existing programs known as the H i g h School Equivalency Program and the College Assistance M i g r a n t Program from the national account portion of funds appropriated for title III, section 303 of the Comprehensive Employment and T r a i n i n g Act of 1973 during fiscal year 1977, at the level at which they were funded during fiscal year 1976. REPORT ON REORGANIZATION OF EDUCATION DIVISION

Study.

20 USC 2562.

SEC. 522. (a) The Secretary of Health, Education, and Welfare shall conduct a study in order to determine the extent to which reorganization of the Education Division of the Department of Health, Education, and Welfare is necessary or appropriate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/771

 PUBLIC LAW 94-482—OCT. 12, 1976 (b) The Secretary of Health, Education, and Welfare shall transmit to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives, no later than June 30, 1977, a report with respect to the study required by subsection (a), together with such recommendations as the Secretary deems appropriate.

90 STAT. 2239 Report to congressional committees.

STUDIES o r VOCATIONAL EDUCATION

SEC. 523. (a) The Commissioner of Education shall carry out a study of the extent to which sex discrimination and sex stereotyping exist in all vocational education programs assisted under the Vocational Education Act of 1963, and of the progress that has been made to reduce or eliminate such discrimination and stereotyping in such programs and in the occupations for which such programs prepare students. The Commissioner shall report the results of such study, together with any recommendations with respect thereto, to the Congress within two years after the date of the enactment of this Act. (b)(1) In addition to the other authorities, responsibilities, and duties conferred upon the National Institute of Education (hereinafter in this section referred to as the "Institute") by section 405 of the General Education Provisions Act, as amended by this Act, the Institute shall undertake a thorough evaluation and study of vocational education programs, including such programs conducted by the States, and such programs conducted under the Vocational Education Act of 1963, and other related programs conducted under the Comprehensive Employment and Training Act of 1973 and by the State Post-Secondary Commissions authorized by the Education Amendments of 1972. Such a study shall include— (A) a study of the distribution of vocational education funds in terms of services, occupations, target populations, enrollments, and educational and governmental levels and what such distribution should be in order to meet the greatest human resource needs for the next 10 years; (B) an examination of how to achieve compliance with, and enforcement of, the provisions of applicable laws of the United States; (C) an analysis of the means of assessing program quality and effectiveness; (D) depending on the level of funding available to the Institute, not more than three experimental studies to be administered by the Institute, in cases where the Institute determines that such experimental programs are necessary to carry out the purpose of clauses (A) through (C) and the Commissioner of Education and the Secretary of Labor are authorized, notwithstanding any provision of any other law, at the request of the Institute, to approve the use of grants which educational or other agencies are eligible to receive under such Acts (in cases where such agencies agree to the uses of such grants), in order to carry out such experimental programs; (E) findings and recommendations, including recommendations for changes in such Acts or for new legislation, with respect to the matters studied under clauses (A) through (E); and (F) a review and evaluation of the effectiveness of programs funded under subpart 5 of part A of the Vocational Education Act of 1963 (as such Act is in effect on October 1, 1977), and to make recommendations for the redirection and the improvement of programs at all levels funded under such subpart.

Sex discrimination. 20 USC 2563. Ante, p. 2169.

Report to Congress.

Ante, p. 2227.

29 USC 801 note. 20 USC 1001 note.

Ante, p. 2196.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/772

 90 STAT. 2240

PUBLIC LAW 94-482—OCT. 12, 1976

Report to President and Congress.

(2) The Institute shall make an interim report to the President and to the Congress not later than September 30, 1979, and shall make a final report to the President and to the Congress no later than September 30, 1980, on the result of its study conducted under this section, except that the report required pursuant to paragraph (1)(F) shall be transmitted to the President and the Congress not later than January 15, 1979. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner may make to the Congress such recommendations with respect to the content of the reports as each may deem appropriate. (3) Sums made available pursuant to section 102 of the Vocational 20 USC 1242. Education Act of 1963 (as such Act is in effect on the date of the enactment of this Act) and sections 102 and 103 of the Vocational Educa20 USC 1243. tion Act of 1963 (as such Act is in effect on October 1, 1977) shall be available to carry out the administrative and direct cost requirements of the provisions of this section. These funds shall not exceed $1,000,000 per year for each of the fiscal years ending prior to October 1, 1979. Ten per centum of the funds made available under this section shall be made available for purposes of carrying out the provisions of paragraph (1)(F). Plan, submittal to (4)(A) The Institute shall submit to the Congress, within 10 Congress. months after the date appropriations become available to carry out this section, a plan for the study to be conducted under this section. The Institute shall not commence such study until the first day after the close of the first period of 30 calendar days of continuous session of the Congress after the date of the delivery of such plan to the Congress. (B) For purposes of subparagraph (A) — (i) continuity of session is broken only by an adjournment of the Congress sine die; and (ii) the days on which either House is not in session because of an adjournment of more than 30 days to a day certain are excluded in the computation of the 30-day period. DEPARTMENTAL DAY CARE CENTER

20 USC 2564.

SEC. 524. Notwithstanding any other provision of law, the Secretary of Health, Education, and Welfare is authorized by contract or otherwise to establish, equip, and operate day care center facilities for the purpose of serving children who are members of households of employees of the Department of Health, Education, and Welfare. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the Department employees or others who are beneficiaries of services provided by such facilities to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facilities. No appropriated funds may be used for the equipping or operation of any centers provided under this authority. The prohibition made by the preceding sentence shall not preclude the provision of appropriate donated space nor the purchase of the initial equipment for the centers, except that the cost of such equipment shall be reimbursed over the expected life of such equipment, not to exceed 10 years.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/773

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2241

WAYNE MORSE CHAIR OF LAW AND POLITICS

SEC. 525. (a) The Commissioner of Education (hereinafter in this 20 USC 2565. section referred to as the "Commissioner") is authorized to provide financial assistance in accordance with the provisions of this section to assist in establishing the Wayne Morse Chair of Law and Politics at the University of Oref^on, of Eugene, Oregon. (b)(1) For purposes of this section, the Federal share of the cost of establishing the Wayne Morse Chair of Law and Politics shall not exceed 50 per centum. (2) Xo financial assistance under this section may be made except upon an application at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. (c) There are authorized to be appropriated such sums, not to exceed Appropriation $500,000, as may be necessary to carry out the provisions of this sec- authorization. tion. Funds appropriated pursuant to this section shall remain available until expended. PART C—TRANSITION PERIOD; TRANSITION

EFFECTIVE

DATES

PERIOD

SEC. 531. There are authorized to be appropriated such sums as may Appropriation be necessary for the period July 1, 1976, through September 30, 1976, authorization. to carry out each program authorized by this Act and each program 20 USC 1001 amended by this Act, except for any program which is to become effec- note. tive in fiscal year 1977 or thereafter. EFFECTIVE

DATES

SEC. 532. The provisions of this Act and the amendments made by 20 USC 1001 this Act shall take effect 30 days after the date of the enactment of this note. Act except— (1) as specifically otherAvise provided; and (2) that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976. Approved October 12, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1085 accompanying H.R. 12835, No. 94-1086 accompanying H.R. 12851 and No. 94-1232 accompanying H.R. 14070 (all from Comm. on Education and Labor) and No. 94-1701 (Comm. of eonference). SENATE REPORT No. 94-882 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 26, 27, considered and passed Senate. Aug. 31, considered and passed House, amended, in lieu of H.R. 12835, H.R. 12851, and H.R. 14070. Sept. 28, Senate agreed to conference report. Sept. 29, House agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/774

 90 STAT. 2242

PUBLIC LAW 94-483—OCT. 12, 1976

Public Law 94-483 94th Congress Joint Resolution Oct. 12, 1976 [S.J. Res 181] American Legion's Freedom Bell. Erection.

To authorize the erection of the American Legion's Freedom Bell on lands of the park system of the District of Columbia, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the American Legion is authorized to erect on lands of the park system of the District of Columbia and its environs on lands owned by the United States and to present to the Congress of the United States on behalf of the children of America, the American Legion's Freedom Bell, in honor of the Bicentennial celebration of the signing of the Declaration of Independence. SEC. 2. All plans for the choice of the site and the placement of the freedom bell pursuant to the first section of this bill are subject to (1) the approval of the Secretary of the Interior, the Commission on Fine Arts, and the National Capital Planning Commission, and (2) the placement of the bell is begun within five years after the date of enactment of this Act. Approved October 12, 1976.

LEGISLATIVE HISTORY: HOtJSE REPORT No. 94-1563 accompanying H.J. Res. 915 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1250 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed Senate. Sept. 29, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/775

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2243

Public Uw 94-484 94th Cpngress An Act To amend the Public Health Service Act to revise and extend the programs of assistance under title VII for training in the health and allied health professions, to revise the National Health Service Corps program and the National Health Service Corps scholarship training program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE: R E F E R E N C E TO ACT

1. (a) This Act may be cited as the "Health Professions Educational Assistance Act of 1976". (b) Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. SECTION

Oct. 12. 1976 [H.R. 5546]

Health Professions Educational Assistance Act of 1976. 42 USC 201 note.

FINDINGS AND DECLARATION OF POLICY

SEC. 2. (a) The Congress finds and declares that— (1) the availability of high quality health care to all Americans is a national goal; (2) the availability of high quality health care is, to a substantial extent, dependent upon— (A) the availability of qualified health professions personnel; and (B) the availability of adequate numbers of physicians engaged in the delivery of primary care, including family practice, general internal medicine, and general pediatrics, and in the various specialties, but numbers which do not exceed the need for physicians in such specialties; (3) there are many areas in the United States which are unable to attract adequate numbers of health professions personnel to meet their health care needs; and (4) physician specialization has resulted in inadequate numbers of physicians engaged in the delivery of primary care, (b) The Congress further finds and declares that— (1) health professions personnel are a national health resource and the Federal Government shares the responsibility of assuring that such qualified personnel are available to meet the health care needs of the American people; (2) it is therefore appropriate to provide support for the education and training of such personnel; and (3) at the same time it is appropriate to provide such support in a manner which will assure the availability of health professions personnel to all of the American people. (c) The Congress further finds and declares that there is no longer an insufficient number of physicians and surgeons in the United States such that there is no further need for affording preference to alien physicians and surgeons in admission to the United States under the Immigration and Nationality Act.

42 USC 292 note.

8 USC 1101 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/776

 90 STAT. 2244

PUBLIC LAW 94-484—OCT. 12, 1976 TITLE I—EXTENSION OF CURRENT AUTHORITIES T H R O U G H F I S C A L Y E A R 1977 EXTENSION

42 USC 244-1.

42 USC 245a.

42 USC 254b.

42 USC 293.

42 USC 293i.

42 USC 294b, 294o. 42 USC 294g. 42 USC 295e-l.

SEC. 101. (a)(1) Section 312(a) (relating to traineeships for professional public health personnel) is amended (A) by striking out " and " after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $9,900,000 for the fiscal year ending September 30, 1977". (2) Section 313(a) (relating to project g r a n t s for graduate training in public health) is amended (A) by striking out " and " after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $6,000,000 for the fiscal year ending September 1977". (3) Section 313(c) is amended (A) by striking out " and " after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $6,400,000 for the fiscal year ending September 30, 1977". (b) Section 329(h) (relating to the National Health Service Corps) is amended (1) by striking out " and " after "1975;", and (2) by striking out "1976" and inserting in lieu thereof "1976; and $34,000,000 for the fiscal year ending September 30, 1977". (c) Section 720 (relating to g r a n t s for construction of teaching facilities) is amended (1) by striking out " and " after "1973," and (2) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $103,000,000 for the fiscal year ending September 30, 1977". ((J) Section 729 (relating to loan guarantees and interest subsidies) is amended— (1) by striking " June 30, 1974" in subsections (a) and (b) and inserting in lieu thereof "September 30, 1977"; and (2) by inserting after "1974" in subsection (e) the following: ", or in any of the next three fiscal years". (e) Section 742 (relating to health professions student loans) is amended (1) by striking out " and " after "1975," the first time i t occurs, and (2) by inserting after "1976" the following: ", and $39,100,000 for the fiscal year ending September 30, 1977". (f) Section 747(d) (relating to loans for students in foreign medical schools) is amended by striking out " t w o " and inserting in lieu thereof "four". (g) The section 767 entitled "GRANTS FOR TRAINING, TRAINEESHIPS,

AND FELLOWSHIPS IN FAMILY MEDICINE" is amended (1) by striking out " and " after "1973,", and (2) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $39,000,000 for the fiscal year ending September 30, 1977". 42 USC 295e-2.

(h) The section 768 entitled "GRANTS FOR SUPPORT OF POST-GRADUATE

TRAINING PROGRAMS FOR PHYSICIANS AND DENTisTs" is amended— (1) by striking out "for the fiscal year ending June 30, 1974" in subsection (a) and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976"; and (2) by inserting " o r in the next t w o fiscal year s " after "1974," in subsection (b)(3)(B).

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Page:United States Statutes at Large Volume 90 Part 2.djvu/777

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2245

(i) Section 769(a) (relating to grants for training for health professions teaching personnel) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976". (j) Section 769A (relating to grants for computer technology) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, and September 30, 1977". (k)(l) Paragraph (1) of section 770(j) (relating to capitation grants) is amended (A) by striking out "and" after "1973", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $133,700,000 for the fiscal year ending September 30, 1977". (2) Paragraph (2) of such section is amended (A) by striking out "and" after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $29,300,000 for the fiscal year ending September 30, 1977". (1) Section 771 (relating to start-up assistance) is amended (1) by striking out "two fiscal years" in subsection (a)(6) and inserting in lieu thereof "four fiscal years, and not to exceed $5,100,000 for the fiscal year ending September 30, 1977", (2) by striking out "July 1, 1974" in subsection (b)(2) and inserting in lieu thereof "October 1, 1977", and (3) by striking out "June 30, 1975" in such subsection and inserting in lieu thereof "September 30, 1978". (m) Section 772(d) (relating to special project grants and contracts) is amended (1) by striking out "and" after "1973,", and (2) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $40,852,000 for the fiscal year ending September 30, 1977". (n) Section 773(a) (relating to financial distress grants) is amended (1) by striking out "and" after "1973,", and (2) by striking out "for the fiscal year ending June 30, 1974" the first time it appears and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $5,400,000 for the fiscal year ending September 30, 1977". (o) Section 774(e) (relating to education initiative awards) is amended (1) by striking out "and" after "1973,", and (2) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $41,170,000 for the fiscal year ending September 30, 1977". (p) Section 780 (relating to scholarship grants) is amended (1) by striking out "the next fiscal year" in subsection (b) and inserting in lieu thereof "the next three fiscal years", (2) by striking out "1974" in such subsection and subsection (c)(1)(B) and inserting in lieu thereof "1976", (3) by striking out in subsections (b) and (c)(1)(B) "June 30, 1975" and inserting in lieu thereof "September 30, 1977" and (4) by striking out "two" in subsection (c)(1)(A) and inserting in lieu thereof "four".

^^ USC 295e-3.

(q) The section 785 entitled "SCHOLARSHIP GRANTS FOR STUDY ABROAD"

42 USC 295e-4.

42 USC 295f.

fiscal

42 USC 295f-l.

42 USC 295f-2. i

42 USC 295f-3.

42 USC 295f-^l.

42 USC 295g.

42 USC

is amended (1) by striking "two" in subsection (e)(1) and inserting in 295g-ll. lieu thereof "four", (2) by striking out "June 30, 1975" in subsection (e)(2) and inserting in lieu thereof "September 30, 1977", and (3) by striking out in such subsection "1974" and inserting in lieu thereof , "1976".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/778

 90 STAT. 2246

PUBLIC LAW 94-484—OCT. 12, 1976

42 USC 295g-23.

^ (r) Section 786 (relating to physician shortage area scholarships) ig amended (1) by striking out "June 30, 1975" in the second sentence and inserting in lieu thereof "September 30, 1977", and (2) by striking out "1974" in that sentence and inserting in lieu thereof "1976". 42 USC 295h-l. (s)(1) Section 792(b) (relating to special improvement grants) is amended (A) by striking out "and" after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal yeare ending June 30, 1974, June 30, 1975, and June 30, 1976, and $11,400,000 for the fiscal year ending September 30, 1977". (2) Section 792(c)(1) (relating to special projects) is amended (A) by striking out "and" after "1973,", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $15,400,000 for the fiscal year ending September 30, 1977". 42 USC 295h-2. (3) Section 793(a) (relating to traineeships for advanced training) is amended (A) by striking out "and" after "1973;", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $3,900,000 for the fiscal year ending September 30, 1977". ^ 42 USC (4) Section 794A(b) (relating to assistance for recruitment) is 295h-3a. amended (A) by striking out "and" after "1973;", and (B) by striking out "for the fiscal year ending June 30, 1974" and inserting in lieu thereof "each for the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, and $109,000 for the fiscal year ending September 30, 1977". 42 USC 234. (t) Section 225(i) (relating to Public Health and National Health Service Corps scholarships) is amended (1) by striking out "and" after "1974,", and (2) by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "each for the fiscal years ending June 30, 1975, and June 30, 1976, and $40,000,000 for the fiscal year ending September 30, 1977". TITLE II—GENERAL PROVISIONS N E W GENERAL PROVISIONS

Repeal. 42 USC 292-292J.

SEC. 201. (a) Sections 701 through 711 are repealed. (b) The following section is inserted in part A of title Y II: uLIMITATION ON USE OF APPROPRIATIONS

42 USC 292.

Post, p. 2281. Post, p. 2289.

"SEC. 700. (a) Notwithstanding any other provisions of law, with respect to any fiscal year beginning after September 30, 1977, no funds appropriated for such fiscal year may be made available for obligation or expenditure for the purpose of carrying out any provision of this title if the sum of the amounts appropriated for such fiscal year for scholarships under subj^art IV of part C (relating to National Health Service Corps scholarships) and for the purpose of making grants under section 758 (relating to scholarships for first-year students of exceptional financial need) is less than the lesser of— "(1) the sum of the amounts authorized to be appropriated for such fiscal year under such subpart and section, or "(2) 50 percent of the sum of the amounts appropriated for such fiscal year under this title.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/779

 PUBLIC LAW 94-484—OCT. 12, 1976 "(b) Subsection (a) shall not apply with respect to a fiscal year if less than 75 percent of the sum of the amounts authorized to be appropriated for such fiscal year under paragraphs (1), (2), and (3) of section 770(e) (relating to capitation grants for medical, osteopathic, and dental schools) is appropriated for such fiscal year under such paragraphs.". (c) Sections 724, 725, 799, and 799A are transferred to part A, inserted after section 700 (added by subsection (b)), and redesignated as sections 701, 702, 703, and 704, respectively. (d)(1) The heading for part A of title VII is amended to read as follows:

90 STAT. 2247

42 USC 293d, 293e, 295h-8, 295h-9.

42 USC

292a-292d.

"PART A—GENERAL PROVISIONS".

(2) The heading for part H of title VII is repealed. (e) Section 701 (as so redesignated) is amended— (1) by striking out "As used in this part and parts C, E, and F—" and inserting in lieu thereof "For purposes of this title:"; (2) by inserting "or an equivalent degree" after "degree in public health" in paragraph (4); and (3) by adding at the end the following new paragraphs: "(7)(A) The term 'program for the training of physician assistants' means an educational program which (i) has as its objective the education of individuals who will, upon completion of their studies in the program, be qualified to effectively provide health care under the supervision of a physician and (ii) meets regulations prescribed by the Secretary in accordance with subparagraph (B). " (B) After consultation with appropriate professional organizations, the Secretary shall (within 180 days after the date of enactment of this paragraph) prescribe regulations for programs for the training of physician assistants. Such regulations shall, as a minimum, require that such a program— "(i) extend for at least one academic year and consist of (I) supervised clinical practice, and (II) at least four months (in the aggregate) of classroom instruction, directed toward preparing students to deliver health care; and "(ii) have an enrollment of not less than eight students. "(8)(A) The term 'program for the training of expanded function dental auxiliaries' means an educational program which (i) has as its objective the education of individuals who will, upon completion of their studies in the program, be qualified to assist in the provision of dental care under the supervision of a dentist and (ii) meets regulations prescribed by the Secretary in accordance with subparagraph (B). "(B) After consultation with appropriate professional organizations, the Secretary shall (within 180 days after the date of enactment of this paragraph) prescribe regulations for programs for the training of expanded function dental auxiliaries. Such regulations shall, as a minimum, require that such a program— "(i) extend for at least one academic year and consist of " (I) supervised clinical practice, and " ( II) at least four months (in the aggregate) of classroom instruction, directed toward preparing students to deliver dental care; and "(ii) have an enrollment of not less than eight students. " (9) The term 'State' includes, in addition to the several States. only the District of Columbia, the Commonwealth of Puerto Rico.

Repeal. 42 USC 292a.

Definitions.

Consultation; regulations.

Consultation; regulations.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/780

 90 STAT. 2248

PUBLIC LAW 94-484—OCT. 12, 1976 the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. " (10) The term 'Department' means the Department of Health, Education, and Welfare.". ADVISORY

42 USC 292b.

Post, p. 2303.

5 USC app. I. 42 USC 292b "****•

42 USC 292b.

COUNCIL

SEC. 202. (a)(1) The second sentence of subsection (a) of section 702 (as so redesignated) is amended to read as follows: "Of the appointed members of the Council (1) twelve shall be representatives of the health professions schools assisted under programs authorized by this title, including at least six persons experienced in university administration and at least four representatives of schools of veterinary medicine, optometry, pharmacy, podiatry, and public health, and entities which may receive a grant under section 791, (2) two shall be full-time students enrolled in health professions schools, and (3) six shall be members of the general public". (2) Section 702 (as so redesignated) is amended by adding at the end thereof the following new subsection: "(d) Section 14 of the Federal Advisory Committee Act shall not apply with respect to the Council.". (3) The amendment made by paragraph (1) with respect to the composition of the National Advisory Council on Health Professions Education shall apply with respect to appointments made to the Council after October 1, 1976, and the Secretary of Health, Education, and Welfare shall make appointments to the Council after such date in a manner which will bring about, at the earliest feasible time, the Council composition prescribed by the amendment. (b)(1) Section 702 (as so redesignated) is amended by striking out "E, and F " in subsection (a) and inserting in lieu thereof "E, F, and G". (2) Section 702 (as so redesignated) is amended by striking out "parts A.and G" in subsections (b) and (c) and inserting in lieu thereof "subpart II of part G". ADVANCE FUNDING AUTHORITY

42 USC 292c.

SEC. 203. Section 703 (as so redesignated) is amended to read as follows: "ADVANCE

Post, p. 2290.

FUNDING

"SEC. 703. (a) An appropriation under an authorization of appropriations for grants or contracts under this title for any fiscal year may be made at any time before that fiscal year and may be included in an Act making an appropriation under such authorization for another fiscal year; but no funds may be made available from any appropriation under such authorization for obligation for such grants or contracts before the fiscal year for which such appropriation is authorized. "(b) Subsection (a) shall not apply with respect to grants under section 770 (relating to capitation).". RECORDS AND AUDITS, CONTRACTS

SEC. 204. Part A of title VII is amended by adding after section 704 (as so redesignated) the following new sections:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/781

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2249

a RECORDS AND AUDITS

"SEC. 705. (a) Each entity which receives a grant, loan, loan guaran- 42 USC 292e. tee, or interest subsidy or which enters into a contract with the Secretary under this title, shall establish and maintain such records as the Secretary shall by regulation or order require. Such records shall include, among other things, records which completely disclose the amount and disposition of the total amount of funds received by such entity, the total cost of any project or undertaking for which funds were received, and the total amount of that portion of the total cost of any project or undertaking received by or allocated to such entity from other sources, and such other records as will facilitate an audit conducted in accordance with generally accepted auditing standards. " (b) Each entity which received a grant or entered into a contract under this title shall have an annual financial audit of any books, accounts, financial records, files, and other papers and property which relate to the disposition or use of any funds received under such grant or contract and such other funds received by or allocated to any project or undertaking for which any funds received under this Act were used, and any other funds received under this Act. Each such entity shall be responsible for providing and paying for such audit. For purposes of assuring accurate, current, and complete disclosure of the disposition or use of the funds received, each such audit shall be conducted by and certified to be accurate by an independent certified public accountant utilizing generally accepted auditing standards. A report of each such audit shall be filed with the Secretary at such time and in such manner as he may require. " (c) The Secretary may specify, by regulation, the form and man- Regulation, ner in which such records, required by subsection (a), shall be established and maintained. "(d) A student recipient of a scholarship, traineeship, loan, or loan guarantee under this title shall not be required to establish or maintain the records required under subsection (a) or provide for an audit required under subsection (b). "(e)(1) Each entity which is required to establish and maintain records or to provide for an audit under this section shall make such books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of such entity upon a reasonable request therefor. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have the authority to carry out the purposes of this subsection. CONTRACTS

"SEC. 706. Contracts authorized by this title may be entered into 42 USC 292f. without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529,41 U.S.C. 5).". DELEGATION OF AUTHORITY

SEC. 205. Part A of title VII is amended by adding after section 706 (added by section 204) the following new section:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/782

 90 STAT. 2250

PUBLIC LAW 94-484—OCT. 12, 1976 u DEI^GATION"

42 USC 292g.

"SEC. 707. The Secretary may delegate the authority to administer any program authorized by this title to the administrator of a central or regional office or offices of the Department, except that the authority— "(1) to review, and prepare comments on the merit of, any application for a grant or contract under any such program for purposes of presenting such application to the National Advisory Council on Health Professions Education, and " (2) to make such a grant or enter into such a contract, shall not be delegated to any administrator of, or officer in, a regional office or offices of the Department.". H E A L T H PROFESSIONS DATA

SEC. 206. Part A of title VII is amended by adding after section 707 (added by section 205) the following new section: ii

42 USC 292h.

Studies.

Grants and contracts.

Application.

H E A L T H PROFESSIONS DATA

"SEC. 708. (a) The Secretary shall establish a program, including a uniform health professions data reporting system, to collect, compile, and analyze data on health professions personnel which shall initially include data respecting all physicians and dentists in the United States and its territories and possessions. The Secretary is authorized to expand the program to include, whenever he determines it necessary, the collection, compilation, and analysis of data respecting pharmacists, optometrists, podiatrists, veterinarians, public health, personnel, audiologists, speech pathologists, health care administration personnel, nurses, allied health personnel, medical technologists, and any other health personnel in States designated by the Secretary to be included in the program. Such data shall include data respecting the training, licensure status (including permanent, temporary, partial, limited, or institutional), place or places of practice, professional specialty, practice characteristics, place and date of birth, sex, and socio-economic background of health professions personnel and such other demographic information regarding health professions personnel as the Secretary may require. "(b)(1) In carrying out subsection (a), the Secretary shall collect available information from appropriate local. State, and Federal agencies and other appropriate sources. "(2) The Secretary shall conduct or enter into contracts for the conduct of analytic and descriptive studies of the health professions, including evaluations and projections of the supply of, and requirements for, the health professions by specialty and geographic location. "(3) The Secretary is authorized to make grants and to enter into contracts with States (or an appropriate nonprofit private entity in any State) for the purpose of participating in the program established under subsection (a). The Secretary shall determine the amount and scope of any such grant or contract. To be eligible for a grant or contract under this paragraph a State or entity shall submit an application in such form and manner and containing such information as the Secretary shall require. Such application shall include reasonable assurances, satisfactory to the Secretary, that— "(A) such State (or nonprofit entity within a State) will establish a program of mandatory annual registration of the health professions personnel described in subsection (a) who reside or

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Page:United States Statutes at Large Volume 90 Part 2.djvu/783

 PUBLIC LAW 94-4«4~0CT. 12, 1976

90 STAT. 2251

practice in such State and of health institutions licensed by such State, which registration shall include such information as the Secretary shall determine to be appropriate; "(B) such State or entity shall collect such information and report it to the Secretary in such form and manner as the Secretary shall prescribe; and "(C) such State or entity shall comply with the requirements of subsection (e). "(c) For purposes of providing the Secretary with information Report to under this section, each school which receives financial support under Secretary of section 770 shall annually report to the Secretary information, deter- HEW. mined to be appropriate by the Secretary, respecting the students 42 USC 295f. who attend such scnool. The Secretary may collect such additional data respecting students of the health professions as he determines to be appropriate. "(d) The Secretary shall assemble and submit to the President Report to and Congress not later than September 1 of each year a report on President and the status of health professions personnel in the United States, which Congress. report shall include a description and analysis of the data collected pursuant to this section. Such report may be included as part of the report made under section 308(a)(2)(C). "(e)(1) The Secretary and each program entity shall in securing and maintaining any record of individually identifiable personal data (hereinafter in this subsection referred to as 'personal data') for purposes of this section— "(A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to sujjply such data and inform him of any specific consequences, known to the Secretary or program entity, as the case may be, of providing or not providing such data; " (B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him; "(C) assure that no use is made of personal data which is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and "(D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the programs under this section. "(2) Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity for such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer. "(3)(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity under this section may not be made available or disclosed by the Secretary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/784

 90 STAT. 2252

"Program entity."

44 USC 3501. Technical assistance.

PUBLIC LAW 94-484—OCT. 12, 1976 "(B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not personal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health professions personnel. "(4) For purposes of this subsection, the term 'program entity' means any public or private entity which collects, compiles, or analyzes health professions data under a grant, contract, or other arrangement with the Secretary under this section. "(f) In carrying out his responsibilities under this section, the Secretary shall not be subject to the provisions of chapter 35 of title 44, United States Code. "(g) The Secretary shall provide technical assistance to the States and political subdivisions thereof in the development of systems (including model laws) concerning confidentiality and comparability of data collected pursuant to this section.". SHARED SCHEDULE RESIDENCIES

SEC. 207. Part A of title VII is amended by adding after section 708 (added by section 206) the following new section: ((SHARED 42 USC 292i.

Report to Congress.

"Shared scheduled position."

SCHEDULE RESIDENCY TRAINING POSITIONS

"SEC. 709. (a) Any entity which— "(1) maintains a medical residency training program in family practice, general internal medicine, general pediatrics, or general obstetrics and gynecology, and " (2) receives any Federal assistance, shall establish or restructure and maintain, to the maximum extent feasible, a reasonable number of physician training positions in such program as shared schedule positions. "(b) The Secretary shall report to Congress not later than January 1, 1979, on entities' compliance with subsection (a) and shall include in such report recommendations for legislation to ensure compliance with such subsection. "(c) For purposes of subsection (a), the term 'shared schedule position' means a physician training position in a medical residency training program which is shared by two individuals and in which each individual— "(1) engages in at least two-thirds but not more than threefourths of the total training prescribed for such position, "(2) receives for each year in such position an amount of credit for certification in the medical specialty for which the position provides training which is equal to the amount of training engaged in in such year, "(3) receives at least one-half of the salary for such position, and " (4) receives all applicable employee benefits.". P A Y M E N T UNDER GRANTS

SEC. 208. Part A of title VII is amended by adding after section 709 (added by section 207) the following new section; 'PAYMENT UNDER GRANTS

42 USC 292j. Post, p. 2290.

"SEC, 710. Grants made under this title may be paid (1) except for grants under section 770, in advance or by way of reimbursement,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/785

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2253

(2) at such intervals and on such conditions as the Secretary may find necessary, and (3) with appropriate adjustments on account of overpayments or underpayments previously made.". P A Y M E N T FOR TUITION AND OTHER EDUCATIONAL EXPENSES

SEC. 209. Part A of title VII is amended by adding after section 710 (added by section 208) the following new section: a P A Y M E N T FOR TUITION AND OTHER EDUCATIONAL COSTS

"SEC. 711. The Secretary shall by regulation establish criteria for Regulation, determining allowable increases in tuition and other educational costs 42 USC 292k. for which he shall be responsible for payment under any provision of this title after the date of enactment of the Health Professions Educational Assistance Act of 1976.". Ante, p. 2243. TITLE III—ASSISTANCE FOR CONSTRUCTION O F TEACHING F A C I L I T I E S REGIONAL H E A L T H PROFESSIONS PROGRAMS

SEC. 301. Section 721 is amended by adding after subsection (e) the following new subsection: "(f)(1) An application for a grant under subsection (a) for the fiscal year ending September 30, 1977, for an affiliated clinical facility for the establishment or expansion of a regional health professions program may be filed by any public or other nonprofit agency if the application is approved by the school of veterinary medicine, optometry, podiatry, or pharmacy with which the facility is affiliated. Only that portion of the project to construct such a facility which the Secretary determines to be reasonably attributable to the need of the regional health professions program for the facility for teaching purposes shall be regarded as the project with respect to which payments may be made under section 722. " (2) In considering applications for grants under subsection (a) for the fiscal year ending September 30, 1977, the Secretary shall give special consideration to applications for facilities for the establishment or expansion of regional health professions programs. "(3) For the purposes of this subsection, the term 'regional health professions program' refers to an interstate program (A) in which a State with an existing degree-granting school of veterinary medicine, optometry, podiatry, or pharmacy sets up a cooperative program with another State (or other States) which does not have such a school, and (B) which provides for (i) a shared curriculum between two or more schools, or (ii) a single campus which is cooperatively financed and controlled by two or more States,". GRANT AUTHORITY;

GRANT AUTHORITY; AUTHORIZATIONS OF APPROPRIATIONS

"SEC. 720. (a)(1) The Secretary may make grants to assist in the construction of teaching facilities for the training of physicians, dentists, pharmacists, optometrists, podiatrists, veterinarians, and professional public health personnel.

89-194 O—78—pt. 2

50

i Application,

Post, p. 2255.

"Regional health professions program,

AUTHORIZATIONS

SEC. 302. Section 720 is amended to read as follows: ii

42 USC 293a.

42 USC 293.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/786

 90 STAT. 2254

"Ambulatory, primary care teaching facilities."

Appropriation authorization.

PUBLIC LAW 94-484—OCT. 12, 1976 "(2)(A) The Secretary may make grants to public and nonprofit private entities to assist in the construction of ambulatory, primary care teaching facilities for the training of physicians and dentists. "(B) For purposes of this section, the term 'ambulatory, primary care teaching facilities' means areas dedicated for the training of students in the diagnosis and treatment of ambulatory patients and primarily in the specialties of family practice, general pediatrics, general internal medicine, general dentistry, and pedodontics. Such areas may include examination rooms, clinical laboratories, libraries, classrooms, offices, and other areas for clinical or research purposes necessary for, and appropriate to, the conduct of comprehensive ambulatory, primary care training of physicians and dentists in such specialties. "(b) For payments under grants under this part there is authorized to be appropriated $40,000,000 for the fiscal year ending September 30, 1978, |iO,000,000 for the fiscal year ending September 30, 1979, and $40,000,000 for the fiscal year ending September 30, 1980. Of the sums appropriated under this subsection for any fiscal year 50 percent of such sums shall be obligated for grants under subsection (a)(1) and 50 percent of such sums shall be obligated for grants under subsection (a)(2).". APPLICATIONS

42 USC 293a.

Supra.

SEC. 303. (a)(1) Section 721(b)(1) is amended by inserting "under section 720(a)(1)" after "for a grant". (2) Section 721(b)(2) is amended by inserting "for a grant under section 720(a)(1)" after "an application" the first time it appears. (3) Sections 721(b)(3) and 721(c) are each amended by striking out "grant under this part" and inserting in lieu thereof "grant under section 720(a)(1)". (4) Section 721(d) is amended by inserting "under section 720(a) (1)" after "for grants". (5) Section 721(e) is amended by inserting "for a grant under section 720(a)(1)" after "of applications". (b) Section 721 is amended by adding after subsection (f) (added by section 301) the following new subsection: "(g)(1) ^ grant under section 720(a)(2) may be made only if the application therefor is approved by the Secretary upon his determination that— "(A) the application contains or is supported by reasonable assurances that (i) the facility is intended to be used for purposes for which the application has been made, (ii) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, and (iii) sufficient funds will be available, when construction is completed, for effective use of the facility for the training for which it is being constructed; "(B) the plans and specifications are in accordance with regulations relating to minimum standards of construction and equipment; and "(C) the application contains or is supported by adequate assurance that any laborer or mechanic employed by a contractor or subcontractors in the performance of work on the construction of the facility 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). The Secretary of Labor shall have with respect to the labor standards specified in subparagraph (C) the authority and functions set forth

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Page:United States Statutes at Large Volume 90 Part 2.djvu/787

 PUBLIC LAW 94-484—OCT. 12, 1976 in Eeorganization 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). "(2) In making grants to entities under section 720(a)(2) the Secretary shall give special consideration to entities which have been awarded grants or received contracts under section 781, 784, or 786 (relating to area health education centers, general internal medicine and general pediatrics, and family medicine and the general practice of dentistry).". (c) Subsection (e) of section 721 is amended by adding at the end the following new sentence: "In considering applications submitted for a grant under section 720(a)(1) for the cost of construction of teaching facilities for the training of physicians, the Secretary shall give special consideration to projects m States which have no such facilities.".

90 STAT. 2255

Ante, p. 2253. Post, pp. 2312, 2315, 2316. 42 USC 293a.

GRANT AMOUNTS

SEC. 304. (a) Subsection (a) of section 722 is amended to read as 42 USC 293b. follows: "(a)(1) The amount of any grant under section 720(a)(1) for construction of a project shall be such amount as the Secretary determines to be appropriate after obtaining advice from the Council, except that no grant for any project may exceed 80 percent of the necessary costs of construction, as determined by the Secretary, of such project. "(2) The amount of any grant under section 720(a)(2) for construction of a facility shall be such amount as the Secretary determines to be appropriate, except that no grant for any facility may exceed the lesser of— " (A) 50 percent of the total cost of such facility, or "(B) $1,000,000.". (b)(1) Subsection (d) of section 722 is amended by striking out ,v "under this part" and inserting in lieu thereof "under section 720 (a)(1)". (2) Subsection (d) of section 722 is amended by striking out "(within the meaning of part A of this title)". RECAPTURE

SEC. 305. Section 723 is amended— 42 USC 293c. (1) by striking out "paid under this part" and inserting in lieu thereof "under a grant under section 720(a)(1)", (2) by inserting " (a) " before "If", (3) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively, and (4) by adding at the end the following: "(b) If, within 20 years after completion of any construction for which funds have been paid under a grant under section 720(a)(2) — "(1) the applicant or other owner of the facility shall cease to be a public or nonprofit entity; "(2) the facility shall cease to be used for the training pur- Regulations, poses for which such funds were provided, unless the Secretary determines, in accordance with regulations which he shall promulgate, that there is a significant public purpose and good cause for releasing the applicant or other owner from the obligation to do so; or "(3) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the applicant or

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Page:United States Statutes at Large Volume 90 Part 2.djvu/788

 90 STAT. 2256

PUBLIC LAW 94-484—OCT. 12, 1976 other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility.". LOAN GUARANTEES AND INTEREST SUBSIDIES

42 USC 293i.

SEC. 306. (a) Subsections (a) and (b) of section 729 are each amended by striking out "September 30, 1977" and inserting in lieu thereof "September 30, 1980". (b) The second sentence of section 729(e) is amended by striking out "and" after "June 30, 1973," and by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "$2,000,000 in the fiscal year ending September 30, 1978, $3,000,000 in the fiscal year ending September 30, 1979, and $3,000,000 in the fiscal year ending September 30, 1980.". (c) The third sentence of section 729(a) is amended to read as follows: "N"o such loan guarantee may, except under special circumstances and under such conditions as are prescribed by regulations, apply to any amount which, when added to any grant under this part or any other law of the United States, exceeds 90 percent of the cost of the construction of the project.". (d) Subsections (a) and (b) of section 729 are each amended by inserting "or the Federal Financing Bank" after "non-Federal lender". EFFECTIVE DATE

42 use293 note. Ante, p. 2253. 42 USC 293i note.

SEC. 307. (a) The amendments made by sections 302 through 305 shall apply with respect to grants made under part B of title VII of the Public Health Service Act from appropriations under section 720 of such Act for fiscal years beginning after September 30, 1977. (b) The amendment made by section 306(c) shall apply with respect to loans guaranteed under section 729(a) of the Public Health Service Act (redesignated section 726(a) by section 308(d) of this Act) after September 30, 1977. TECHNICAL AND CONFORMING AMENDMENTS

42 USC 293a.

SEC. 308. (a) Section 721(c) is amended— (1) by striking out "section 770(f) of this Act" in paragraph (2) and inserting in lieu thereof "section 771"; (2) by striking out the sentence at the end of paragraph (2); (3) by striking out paragraph (5) and redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; (4) by striking out "and" at the end of paragraph (5) (as so redesignated), by striking out the period at the end of paragraph (6) (as so redesignated) and inserting in lieu thereof "; and", and by inserting after paragraph (6) the following: "(7) the application contains or is supported by adequate assurance that any laborer or mechanic employed by a contractor or subcontractors in the performance of work on the construction of the facility 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). The Secretary of Labor shall have, with respect to the labor standards

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Page:United States Statutes at Large Volume 90 Part 2.djvu/789

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2257

specified in paragraph (7), the authority and functions set forth in Eeorganization Plan Numbered 14 of 1950 (15 F.K. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)."; and (5) by striking out "725" in the last sentence and inserting in lieu thereof "702". (b) Section 726 is repealed. (c) Section 727(a) is amended by striking out "institutions" each time it appears and inserting in lieu thereof "entities". (d) Sections 727, 728, and 729 are redesignated as sections 724, 725, and 726, respectively.

Repeal. 42 USC 293f. 42 USC 293g. 42 USC 293g-293i.

TITLE IV—STUDENT ASSISTANCE; NATIONAL H E A L T H SERVICE CORPS INSURED LOANS TO STUDENTS

SEC. 401. (a) Effective October 1, 1976, subpart II of part C of title Repeal. VII is repealed. 42 USC 294g, (b) Effective October 1, 1977, part C of title VII is amended by— 294g note. (1) amending the heading for part C to read as follows: "PART C—STUDENT ASSISTANCE";

(2) redesignating subpart I of such part as subpart II, and by amending the heading for such subpart to read as follows: "Subpart II—Student Loans"; and (3) inserting immediately below the heading to such part the following new subpart: "Subpart I—Federal Program of Insured Loans to Graduate Students in Health Professions Schools "STATEMENT or PURPOSE AND APPROPRIATIONS AUTHORIZED

"SEC. 727. (a) The purpose of this subpart is to enable the Secre- 42 USC 294. tary to provide a Federal program of student loan insurance for students in eligible institutions. "(b) For the purpose of carrying out this subpart there are authorized to be appropriated (1) for the fiscal year ending September 30, 1978, to the student loan insurance fund (established by section 734) the sum of $1,500,000 and of such further sums, if any, as may become ^ necessary for the adequacy of student loan insurance fund and for the purpose of administering this subpart; and (2) for fiscal years thereafter such sums as may be necessary for the purpose of administering this subpart. Sums appropriated under this subsection shall remain available until expended. "SCOPE AND DURATION OF FEDERAL LOAN INSURANCE PROGRAM

"SEC. 728. (a) The total principal amount of new loans made and 42 USC 294a. installments paid pursuant to lines of credit (as defined in section 737) to students covered by Federal loan insurance under this subpart shall not exceed $500,000,000 for the fiscal year ending September 30, 1978; $510,000,000 for the fiscal year ending September 30, 1979; and $520,000,000 for the fiscal year ending September 30, 1980. Thereafter, Federal loan insurance pursuant to this subpart may be granted only

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