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Page:United States Statutes at Large Volume 95.djvu/938

 95 STAT. 912

42 USC 254p.

Ante, p. 908.

42 USC 254q. Appropriation authorization. Ante, p. 908.

42 USC 254m note. 42 USC 294r.

PUBLIC LAW 97-35—AUG. 13, 1981 (C) by striking out "(other than an individual who has entered into an agreement under section 338C)"; and (D) by inserting "at least two years o f after "completed" in paragraph (1). (3) Section 338E(a)(2)(A) (as redesignated by subsection (a) of this section) is amended by striking out "and described in paragraphs (1) and (2) of section 338C(a)". (4) Section 338E(a)(2)(B) (as redesignated by subsection (a) of this section) is amended by striking out section 753(b)(l)" and inserting in lieu thereof "section 338C(b)(l)". (5) Section 338E(b) (as redesignated by subsection (a) of this section) is amended by inserting "or loan" after "grant". (6) Section 338E(c) (as redesignated by subsection (a) of this section) is amended by inserting "or loan" after "grant" and by adding at the end thereof the following new sentence: "The Secretary shall, by regulation, set interest rates and repayment terms for loans under this section.". (7) The second sentence of section 338E(d) (as redesignated by subsection (a) of this section) is amended to read as follows: "If within 60 days after the date of giving such notice, such individual is not practicing his profession in accordance with the agreement under such subsection and has not provided assurances satisfactory to the Secretary that he will not knowingly violate such agreement again, the United States shall be entitled to recover from such individual— "(1) in the case of an individual who has received a grant under this section, an amount determined under section 338D(c), except that in applying the formula contained in such section "<^" shall be the sum of the amount of the grant made under subsection (a) to such individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at the maximum legal prevailing rate, "t" shall be the number of months that such individual agreed to practice his profession under such agreement, and " s " shall be the number of months that such individual practices his profession in accordance with such agreement; and "(2) in the case of an individual who has received a loan under this section, the full amount of the principal and interest owed by such individual under this section.. (g)(1) Section 338F(a) (as redesignated by subsection (a) of this section) is amended by inserting before the last sentence the following new sentence: "For the fiscal year ending September 30, 1982, and each of the two succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to make 550 new scholarship awards in accordance with section 338A(d) in each such fiscal year and to continue to make scholarship awards to students who have entered into written contracts under the Scholarship Program before October 1, 1984. (2) The last sentence of such section is amended by— (A) striking out "1981" and inserting in lieu thereof "1985", and (B) striking out "1980" and inserting in lieu thereof "1984". (h) The amendments made by paragraphs (2), (3), and (5)(B) of subsection (c) shall apply with respect to contracts entered into under the National Health Service Corps scholarship program under subpart III of part C of title VII of the Public Health Service Act after the date of the enactment of this Act. An individual who before such date has entered into such a contract and who has not begun the period of obligated service required under such contract shall be given the

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Page:United States Statutes at Large Volume 95.djvu/939

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 913

opportunity to revise such contract to permit the individual to serve such period as a member of the National Health Service Corps who is not an employee of the United States. CHAPTER 2—HEALTH PROFESSIONS EDUCATION LIMITATION OF USE OF APPROPRIATIONS

SEC. 2715. Section 700 (42 U.S.C. 292) is repealed. DEFINITIONS

SEC. 2716. (a) Section 701(2) (42 U.S.C. 292a(2)) is amended to read as follows: "(2) The term 'nonprofit' refers to the status of an entity owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.". (b) Section 701(4) is amended— (1) by striking out "a school which" and inserting in lieu thereof "an accredited public or nonprofit private school in a State that"; and (2) by adding at the end thereof the following: "The term 'graduate program in health administration' means an accredited graduate program in a public or nonprofit private institution in a State that provides training leading to a graduate degree in health administration or an equivalent degree.". (c) Section 701 is further amended— (1) by redesignating paragraphs (5), (6), (7), (8), (9), and (10) as paragraphs (6), (7), (8), (9), (11), and (12), respectively; (2) by inserting after paragraph (4) the following new paragraph: "(5) The term 'accredited', when applied to a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, or public health, or a graduate program in health administration, means a school or program that is accredited by a recognized body or bodies approved for such purpose by the Secretary of Education, except that a new school or program that, by reason of an insufficient period of operation, is not, at the time of application for a grant or contract under this title, eligible for accreditation by such a recognized body or bodies, shall be deemed accredited for purposes of this title, if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the school or program will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of the first entering class in such school or program."; and (3) by inserting after paragraph (9) the following new paragraph: "(10) The term 'school of allied health' means a public or nonprofit private junior college, college, or university— "(A) which provides, or can provide, programs of education in a discipline of allied health leading to a baccalaureate or associate degree (or an equivalent degree of either) or to a more advanced degree; "(B) which provides training for not less than a total of twenty persons in the allied health curricula;

Repeal.

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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 95.djvu/940

 95 STAT. 914

42 USC 292a.

PUBLIC LAW 97-35—AUG. 13, 1981 "(C) which includes or is affiliated with a teaching hospital; and "(D) which is accredited by a recognized body or bodies approved for such purposes by the Secretary of Education, or which provides to the Secretary satisfactory assurance by such accrediting body or bodies that reasonable progress is being made toward accreditation.". (d) Section 701(11) (as redesignated by subsection (c)(1) of this section) is amended by inserting "the Commonwealth o f before "the Northern Mariana Islands,". (e) Section 701(12) (as redesignated by subsection (c)(1) of this section) is amended by striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Health and Human Services". ADVANCE FUNDING

SEC. 2717. Section 703 (42 U.S.C. 292c) is amended— (1) by striking out "(a)", and (2) by striking out subsection (b). RECORDS AND AUDITS

SEC. 2718. The second sentence of section 705(a)(42 U.S.C. 292e(a)) is repealed. HEALTH PROFESSIONS DATA

Report. 42 USC 296.

Reports to Congress.

SEC. 2719. (a) Section 708(a) (42 U.S.C. 292h(a)) is amended by inserting "chiropractors, clinical psychologists," after "medical technologists,". (b) Subsections (c) and (d) of section 708 are amended to read as follows: "(c) Any school, program, or training center receiving funds under this title or title VIII shall submit an annual report to the Secretary. Such report shall contain such information as is necessary to assist the Secretary in carrying out this section and evaluating the efficacy of these programs in addressing national health priorities. The Secretary shall not require the collection or transmittal of any information under this subsection that is not readily available to such school, program, or training center. Information provided pursuant to this subsection shall be collected or transmitted only to the extent permitted under subsection (e). "(d) The Secretary shall submit to Congress on October 1, 1983, and biennially thereafter, the following reports: "(1) A comprehensive report regarding the status of health personnel according to profession, including a report regarding the anal5rtic and descriptive studies conducted under this section. "(2) A comprehensive report regarding applicants to, and students enrolled in, programs and institutions for the training of health personnel, including descriptions and analyses of student indebtedness, student need for financial assistance, financial resources to meet the needs of students, student career choices such as practice specialty and geographic location and the relationship, if any, between student indebtedness and career choices.".

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Page:United States Statutes at Large Volume 95.djvu/941

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 915

SHARED SCHEDULED RESIDENCY TRAINING POSITIONS

SEC. 2720. (a) Section 709 (42 U.S.C. 292i) is repealed, (b) Sections 710 (42 U.S.C. 292j) and 711 (42 U.S.C. 292k) are redesignated as sections 709 and 710, respectively.

Repeal.

PAYMENT UNDER GRANTS

SEC. 2721. Section 709 (as redesignated by section 2720(b) of this Act) is amended to read as follows:

42 USC 292j.

APPLICATIONS, PAYMENTS, AND ASSURANCES UNDER GRANTS

"SEC. 709. (a) Grants made under this title may be paid (1) in advance or by way of reimbursement, (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. "(b) No grant may be made or contract entered into under this title unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. (c) Whenever in this title an applicant is required to provide assurances to the Secretary, or an application is required to contain assurances or be supported by assurances, the Secretary shall determine before approving the application that the assurances provided are made in good faith. "(d) The Secretary may provide technical assistance for the purpose of carrying out any program or purpose under this title.". TUITION AND OTHER EDUCATIONAL COSTS

SEC. 2722. Section 710 (as redesignated by section 2720(b) of this Act) is amended to read as follows:

42 USC 292k.

DIFFERENTIAL TUITION AND FEES

"SEC. 710. The Secretary may not enter into a contract with, or make a grant, loan guarantee, or interest subsidy payment under this title or title VIII, to or for the benefit of, any school, program, or training center if the tuition levels or educational fees at such school, program, or training center are higher for certain students solely on the basis that such students are the recipients of traineeships, loans, loan guarantees, service scholarships, or interest subsidies from the Federal Government.".

42 USC 296.

CONSTRUCTION ASSISTANCE FOR CONVERSIONS

SEC. 2723. (a) Section 720(a) (42 U.S.C. 293(a)) is amended by adding at the end the following: "(3) The Secretary may make grants to schools providing the first 2 years of education leading to the degree of doctor of medicine to assist in the construction of the teaching facilities which the schools require to become schools of medicine.". (b) Subsection (b) of such section is amended to read as follows: "(b) For the purpose of grants under subsection (a)(3), there are authorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1983, to remain available until expended.".

Grants to schools.

Appropriation authorization.

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Page:United States Statutes at Large Volume 95.djvu/942

 95 STAT. 916

Ante, p. 915.

PUBLIC LAW 97-35—AUG. 13, 1981 (c) Section 721(b)(1) (42 U.S.C. 293a(b)) is amended (1) by inserting after "(1)" the following: "To be eligible to apply for a grant under section 720(a)(3) the applicant must be a public or nonprofit school providing the first 2 years of education leading to the degree of doctor of medicine and be accredited by a recognized body or bodies approved for such purpose by the Secretary of Education.", and (2) by striking out "under this part" and inserting in lieu thereof "under paragraph (1) or (2) of section 720(a)". (d) Subsection 721(g)(1) is amended by striking out "section 720(a)(2)" and inserting in lieu thereof "paragraph (2) or (3) of section 720(a)". (e) Subsection (a) of section 722 (42 U.S.C. 293b(a)) is amended by adding at the end the following: "(3) The amount of any grant under section 720(a)(3) 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.". (f) Section 723(a) (42 U.S.C. 293c(a)) is amended by striking out "section 720(a)(1)" and inserting in lieu thereof "paragraph (1) or (3) of section 720(a)". REPEAL OF ENROLLMENT INCREASE REQUIREMENT

SEC. 2724. (a) Paragraph (2) of section 721(c) (42 U.S.C. 293a(c)(2)) is amended (1) by inserting "and" after "the facility,", and (2) by striking out ", and (D)" and all that follows in that paragraph and inserting in lieu thereof a semicolon. note ^^ ^^^^ ^^ "^^^ Secretary of Health and Human Services shall unilaterally release all recipients of grants, loan guarantees, and interest subsi42 USC 293,293f. dies under sections 720(a) and 726 (as such sections were in effect prior to October 1, 1981) from any contractual obligation to fulfill enrollment increases incurred pursuant to such sections or under regulations published to implement such sections. 42 USC 293a (c) The amendment made by subsection (a) shall apply with respect "°**to any entity which received a grant, loan guarantee, or interest subsidy under section 720 or section 726 irrespective of the date of the grant, loan guarantee, or interest subsidy. LOAN GUARANTEES AND INTEREST SUBSIDIES

42 USC 298f.

Repeal.

SEC. 2725. (a) Section 7260)) (42 U.S.C. 293i(b)) is amended (1) by inserting "before October 1, 1981," after "loan has been made", and (2) by striking out ", during the period beginning July 1, 1971, and ending with the close of September 30, 1980,". (b) The second sentence of section 726(e) is amended by striking out "and" after "1979," and by inserting before the period a comma and "and $4,300,000 for the fiscal year ending September 30, 1982, and each of the next 2 fiscal years". (c) Section 726(g) is repealed. SCOPE AND DURATION OF FEDERAL LOAN INSURANCE PROGRAM

SEC. 2726. (a)(1) The first sentence of section 728(a) (42 U.S.C. 294a(a)) is amended by striking out "and" after "1979;" and by inserting before the period a semicolon and "and $200,000,000 for the fiscal year ending September 30, 1982; $225,000,000 for the fiscal year

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Page:United States Statutes at Large Volume 95.djvu/943

 PUBLIC LAW 97-35—AUG. 13, 1981 ending September 30, 1983; and $250,000,000 for the fiscal year ending September 30, 1984". (2) The last sentence of such subsection is amended by striking out "1982" and inserting in lieu thereof "1987". (b) Section 728(c) is amended to read as follows: "(c)(1) Subject to paragraph (2), the Student Loan Marketing Association, established under part B of title IV of the Higher Education Act of 1965, is authorized to make advances on the security of, purchase, service, sell, consolidate, or otherwise deal in loans which are insured by the Secretary under this subpart, except that if any loan made under this subpart is included in a consolidated loan pursuant to the authority of the Association under part B of title IV of the Higher Education Act of 1965, the interest rate on such consolidated loan shall be set at the weighted average interest rate of all loans offered for consolidation and the resultant per centum shall be rounded downward to the nearest one-eighth of 1 per centum, except that the interest rate shall be no less than the applicable interest rate of the guaranteed student loan program established under part B of title IV of the Higher Education Act of 1965. In the case of such a consolidated loan, the borrower shall be responsible for any interest which accrues prior to the beginning of the repayment period of the loan, or which accrues during a period in which principal need not be paid (whether or not such principal is in fact paid) by reason of any provision of the Higher Education Act of 1965. Special allowances payable with respect to consolidated loans made by the Association pursuant to the terms of this subsection— "(A) shall be computed in accordance with section 438(b)(2)(A) of the Higher Education Act of 1965, and "(B) shall be reduced (i) by subtracting 7 percent from the weighted average interest rate of a loan computed according to this subsection, and (ii) by subtracting the resultant remainder from such special allowance. "(2) No loan insured by the Secretary under this subpart may be included in a consolidated loan pursuant to the authority of the Student Loan Marketing Association under part B of title IV of the Higher Education Act of 1965 if as a result of such inclusion the Federal Government becomes liable for any greater payment of principal or interest under the provisions of section 439(o) of the Higher Education Act of 1965 than the Federal Government would have been liable for had no consolidation occurred.". LIMITATIONS

SEC. 2727. Section 729(a) (42 U.S.C. 294b(a)) is amended to read as follows: "LIMITATIONS ON INDIVIDUAL FEDERALLY INSURED LOANS AND ON FEDERAL LOAN INSURANCE

"SEC. 729. (a) The total of the loans made to a student in any academic year or its equivalent (as determined by the Secretary) which may be covered by Federal loan insurance under this subpart may not exceed $20,000 in the case of a student enrolled in a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, or podiatry, and $12,500 in the case of a student enrolled in a school of pharmacy, public health, or chiropractic, or a graduate program in health administration or clinical psychology. The aggregate insured unpaid principal amount for all such insured loans made to any

95 STAT. 917

42 USC 294a. 20 USC 1071.

20 USC lOOl ^°Ante, p. 454.

94 Stat. 1430. ^" ^°^ 1087-2.

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Page:United States Statutes at Large Volume 95.djvu/944

 95 STAT. 918

PUBLIC LAW 97-35—AUG. 13, 1981 borrower shall not at any time exceed $80,000 in the case of a borrower who is or was a student enrolled in a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, or podiatry, and $50,000 in the case of a borrower who is or was a student enrolled in a school of pharmacy, public health, or chiropractic, or a graduate program in health administration or clinical psychology. The annual insurable limit per student shall not be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any year in excess of the annual limit.". ELIGIBILITY OF STUDENT BORROWERS AND TERMS OF FEDERALLY INSURED LOANS

94 Stat. 3192.

SEC. 2728. (a)(1) Section 731(a)(1)(A) (42 U.S.C. 294d(a)(l)(A)) is amended by striking out clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Clause (iii) of such section (as redesignated by paragraph (1) of this subsection) is amended by striking out "and before "other reasonable educational expenses" and by inserting "and reasonable living expenses," after "and laboratory expenses,". (b) Section 731(a)(2) is amended— (1) by striking out "15 years" in subparagraph (B) and inserting in lieu thereof "25 years; (2) by striking out "23 years" in such subparagraph and inserting in lieu thereof "33 years"; (3) by striking out "installments of principal need not be paid, but interest shall accrue and be paid in subparagraph (C) and inserting in lieu thereof "installments of principal and interest need not be paid, but interest shall accrue"; (4) by striking out "three years" in subparagraph (C)(ii) and inserting in lieu thereof "four years"; (5) by striking out "the 15-year period or the 23-year period" in subparagraph (C) and inserting in lieu thereof "the 25-year period or the 33-year period"; (6) by inserting "except as provided in subparagraph (C)" after "period of the loan" in subparagraph (D); (7) by striking out "otherwise payable (i) before the beginning of the repayment period, (ii) during any period described in subparagraph (C), or (iii) during any other period of forbearance of payment of principal," in subparagraph (D); (8) by inserting "for the purposes of calculating a repayment schedule" before the semicolon in subparagraph (D); (9) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (10) by inserting after subparagraph (D) the following: (E) offers, in accordance with criteria prescribed by regulation by the Secretary, a schedule for repayment of principal and interest under which payment of a portion of the principal and interest otherwise payable at the begin' ^^ ning of the repayment period (as defined in such regulations) is deferred until a later time in the period;". (c) Section 731(c) is amended by inserting before the period a comma and "except as provided in section 731(a)(2)(C)". CERTIFICATE OF FEDERAL LOAN INSURANCE

SEC. 2729. Section 732 (42 U.S.C. 294e) is amended by adding at the end thereof the following new subsection:

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Page:United States Statutes at Large Volume 95.djvu/945

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 919

"(0 Nothing in this section shall be construed to preclude the lender and the borrower, by mutual agreement, from consolidating all of the borrower's debts into a single instrument, except that the portion of such debt that is insured under this subpart shall not be consolidated on terms less favorable to the borrower than if no consolidation had occurred and no loan under this subpart may be consolidated with any other loan if, as a result of such consolidation, the Federal Government becomes liable for any payment of principal or interest under the provisions of section 439(o) of the Higher Education Act of 1965.". 94 Stat. 1430. DEFAULTS

^^ USC 1087-2.

SEC. 2730. Section 733(g) (42 U.S.C. 294f(g)) is amended to read as follows: "(g) A debt which is a loan insured under the authority of this subpart may be released by a discharge in bankruptcy under title 11, United States Code, only if such discharge is granted— "(1) after the expiration of the 5-year period beginning on the first date, as specified in subparagraphs (B) and (C) of section 731(a)(2), when repayment of such loan is required; Ante, p. 918. "(2) upon a finding by the Bankruptcy Court that the nondischarge of such debt would be unconscionable; and "(3) upon the condition that the Secretary shall not have waived the Secretary's rights to apply subsection (f) to the borrower and the discharged debt.". DEFINITIONS; STUDENT ASSISTANCE

SEC. 2731. (a) Section 737(1) (42 U.S.C. 294j(l)) is amended to read as follows: "(1) The term 'eligible institution' means, with respect to a fiscal year, a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health or chiropractic, or a graduate program in health administration or clinical psychology.". (b) Section 737 is further amended by striking out paragraph (2), by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by inserting after paragraph (1) (as amended by subsection (a) of this section) the following new paragraphs: "(2) The term 'school of chiropractic' means a school which provides training leading to a degree of doctor of chiropractic or an equivalent degree and which is accredited in the manner described in s e c t i o n 701(5).

Ante, p. 913.

"(3) The term 'graduate program in clinical psychology' means a graduate program in a public or nonprofit private institution in a State which provides training leading to a doctoral degree in clinical psychology or an equivalent degree and which is accredited in the manner described in section 701(5).". ELIGIBLE STUDENTS

SEC. 2732. Subpart I of part C of title VII is amended by inserting after section 737 the following new section: "DETERMINATION OF ELIGIBLE STUDENTS

"SEC. 737A. For purposes of determining eligible students under 42 USC 294j-i. this part, in the case of a public school in a State that offers an accelerated, integrated program of study combining undergraduate

9-194 O—82

60: QL3

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Page:United States Statutes at Large Volume 95.djvu/946

 95 STAT. 920

PUBLIC LAW 97-35—AUG. 13, 1981 premedical education and medical education leading to advanced entry, by contractual agreement, into an accredited four-year school of medicine which provides the remaining training leading to a degree of doctor of medicine, whenever in this part a provision refers to a student at a school of medicine, such reference shall include onlv a student enrolled in any of the last four years of such accelerated, integrated program of study.". ELIGIBILITY OP INSTTTUnONS

42 USC 294/.

42 USC 294d. Records.

SEC. 2733. (a) Section 739(a) (42 U.S.C. 294k(a)) is amended— (1) by striking out "and" at the end of paragraph (2); (2) by striking out "whether" in paragraph (3) and inserting in lieu thereof "whenever"; (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and "and"; and (4) by adding at the end thereof the following new paragraph: "(4) the collection of information from the borrower, lender, or eligible institution to assure compliance with the provisions of section 731.". (b) Section 739(b) is amended to read as follows: "(b) The Secretary shall require an eligible institution to record, and make available to the lender and to the Secretary upon request, the name, address, posteraduate destination, and ottier reasonable identifying information for each student of such institution who has a loan insured under this subpart.". AUTHORIZATIONS

Repeal.

SEC. 2734. (a) The first sentence of section 742(a) (42 U.S.C. 294o(a)) is amended by striking out "and" after "1979," and by inserting before the period a comma and $12,000,000 for the fiscal year ending September 30, 1982, $13,000,000 for the fiscal year ending September 30, 1983, and $14,000,000 for the fiscal year ending September 30, 1984". (b) The second sentence of section 742(a) is repealed.
 * V. INTEREST RATE

SEC. 2735. Section 741(e) (42 U.S.C. 294n(e)) is amended by striking out "7" and inserting in lieu thereof "9". DISTRIBUTION OF ASSETS FROM LOAN FUNDS

SEC. 2736. Section 743 (42 U.S.C. 294p) is amended by striking out "1983" each place it appears and inserting in lieu thereof "1987". EXTENSION OF SCHOLARSHIPS FOR STUDENTS OF EXCEPTIONAL FINANCIAL NEED

SEC. 2737. (a) Section 758(d) (42 U.S.C. 294z(d)) is amended (1) by striking out "and" after "1979,", and (2) by inserting before the period a comma and the following: "$6,000,00 for the fiscal year ending September 30, 1982, $6,500,000 for the fiscal year ending September 30, 1983, and $7,000,000 for the fiscal year ending September 30, 1984". (b) Section 758(c) is amended (1) by striking out "distribute grants under this section among all schools of the health professions, but

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Page:United States Statutes at Large Volume 95.djvu/947

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 921

shall", and (2) by striking out "such grants" and inserting in lieu thereof "grants under subsection (a)". DEPARTMENTS OF FAMILY MEDICINE

SEC. 2738. (a) Section 780(a) (42 U.S.C. 295g(a)) is amended by striking out "and maintain" and by inserting in lieu thereof a comma and "maintain, or improve". (b) Section 780(b)(1)(D) is amended— (1) by striking out "have control over" and inserting in lieu thereof "have control over (or in the case of a school of osteopathy, have control over or be closely affiliated with)"; and (2) by striking out "twelve" and inserting in lieu thereof "nine". (c) Section 780(c) is amended (1) by striking out "and" after "1979,", and (2) by inserting after "1980" a comma and the following: "$10,000,000 for the fiscal year ending September 30, 1982, $10,500,000 for the fiscal year ending September 30, 1983, and $11,000,000 for the fiscal year ending September 30, 1984". AREA HEALTH EDUCATION CENTERS

SEC. 2739. (a) Section 781(c)(2) (42 U.S.C. 295g-l(c)(2)) is amended by adding a new sentence after the sentence at the end thereof to read as follows: "The Secretary may waive, for good cause shown, all or part of the requirement of paragraph (2) as it applies to a medical or osteopathic school participating in an area health education center program if another such school participating in the same program meets the requirement of that paragraph.". (b) Section 781(d)(2)(C) is amended by inserting "a rotating osteopathic internship or" after "conduct". (c) Section 781(d)(2)(E) is amended by striking out "support services" and inserting in lieu thereof "educational support services". (d) Section 781(g) is amended (1) by striking out "and" after "1979,", and (2) by inserting a comma before the period and the following: "$21,000,000 for the fiscal year ending September 30, 1982, $22,500,000 for the fiscal year ending September 30, 1983, and $24,000,000 for the fiscal year ending September 30, 1984,". (e)(1) Effective October 1, 1981, subsection (a) of section 781 is amended to read as follows: "SEC. 781. (a)(1) The Secretary shall enter into contracts with schools of medicine and osteopathy for the planning, development, and operation of area health education center programs. "(2) The Secretary shall enter into contracts with schools of medicine and osteopathy, which have previously received Federal financial assistance for an area health education center program under section 802 of the Health Professions Educational Assistance Act of 1976 in fiscal year 1979, or under this section to carry out under f ^SC 295g^ note. area health education center programs— "(A) projects to improve the distribution, supply, quality, utilization, and efficiency of health personnel in the health services delivery system; "(B) projects to encourage the regionalization of educational responsibilities of the health professions schools; and "(C) projects designed to prepare, through preceptorships and other programs, individuals subject to a service obligation under the National Health Service Corps scholarship program to effec-

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Page:United States Statutes at Large Volume 95.djvu/948

 95 STAT. 922

Repeal. 42 USC 295g-l.

42 USC 295g-l note, 295f-4.

"Area health education center program."

PUBLIC LAW 97-35—AUG. 13, 1981 tively provide health services in health manpower shortage areas.". (2) The first sentence of subsection (e) is repealed. (8) Subsection (e) is amended by adding after paragraph (3) the following: "The Secretary may vest in entities which have received contracts under section 802 of the Health Professions Educational Assistance Act of 1976, section 774 as in effect before October 1, 1977, or under subsection (a) of this section for area health education centers programs title to any property acquired on behalf of the United States by that entity (or furnished to that entity by the United States) under that contract.". (4) The first sentence of subsection (f) is amended to read as follows: "For purposes of this section, the term 'area health education center program means a program which is organized as provided in subsection (b) and under which the participating medical and osteopathic schools and the area health education centers meet the requirements of subsections (c) and (d).". (5) Subsection (g) of such section is amended by adding at the end the following: "The Secretary may obligate not more than 10 percent of the amount appropriated under this subsection for any fiscal year for contracts under subsection (a)(2).". PHYSICIAN ASSISTANTS

Ante, p. 913.

SEC. 2740. (a) Section 783(e) (42 U.S.C. 295g-3(e)) is amended (1) by striking out "and" after "1979,", and (2) by inserting after "1980" a comma and the following: "$5,000,000 for the fiscal year ending September 30, 1982, $5,500,000 for the fiscal year ending September 30, 1983, and $6,000,000 for the fiscal year ending September 30, 1984". (b) Section 783(c) is amended by striking out "830" and inserting in lieu thereof "822". (c)(l) Subsection (a) of section 783 is amended to read as follows: "(a) The Secretary may make grants to and enter into contracts with public or nonprofit private schools of medicine and osteopathy and other public or nonprofit private entities to meet the costs of projects to plan, develop, and operate or maintain programs for the training of physician assistants (as defined in section 701(7)).". (2) The heading for section 783 is amended to read as follows: PROGRAMS FOR PHYSICIAN ASSISTANTS.

(d) Section 783 is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d). GENERAL INTERNAL MEDICINE AND GENERAL PEDIATRICS

SEC. 2741. (a) Section 784(a) (42 U.S.C. 295g-4(a)) is amended— (1) by inserting ", public or private nonprofit hospital, or any other public or private nonprofit entity' after "osteopathy'; (2) by striking out "and" after the semicolon in paragraph (1); (3) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon and "and"; and (4) by adding at the end thereof the following new paragraphs: "(3) to plan, develop, and operate a program for the training of physicians who plan to teach in a general internal medicine or general pediatrics training program; and

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95 STAT. 923

"(4) which provide financial assistance (in the form of traineeships and fellowships) to physicians who are participants in any such program and who plan to teach in a general internal medicine or general pediatrics training program.", (b) Section 784(b) (42 U.S.C. 295g-4(b)) is amended (1) by striking out "and" after "1979,", and (2) by inserting after "1980" a comma and the following: "$17,000,000 for the fiscal year ending September 30, 1982, $18,000,000 for the fiscal year ending September 30, 1983, and $20,000,000 for the fiscal year ending September 30, 1984". FAMILY MEDICINE AND GENERAL PRACTICE OF DENTISTRY

SEC. 2742. (a) Section 786(d) (42 U.S.C. 295g-6(d)) is amended— (1) by striking out "and" after "1979,"; (2) by inserting after "1980" a comma and the following: "$32,000,000 for the fiscal year ending September 30, 1982, $34,000,000 for the fiscal year ending September 30, 1983, and $36,000,000 for the fiscal year ending September 30, 1984"; and (3) by adding at the end thereof the following new sentence: "In making grants and entering into contracts under this section with amounts appropriated under this subsection for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, the Secretary shall give priority to grants and contracts for residency or internship programs under paragraphs (1) and (2) of subsection (a)." (b) Section 786(a)(1) is amended by striking out "a continuing education program or". (c) Section 786 is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c). ASSISTANCE TO INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS

SEC. 2743. Effective with respect to fiscal years beginning after September 30, 1981, section 787 (42 U.S.C. 295g-7) is amended— (1) by inserting "allied health," after "pharmacy," in subsection (a)(1), and (2) by amending subsection (b) to read as follows: "(b) There are authorized to be appropriated for grants and Appropriation contracts under subsection (a)(1), $20,000,000 for the fiscal year authorization. ending September 30, 1982, $21,500,000 for the fiscal year ending September 30, 1983, and $23,000,000 for the fiscal year ending September 30, 1984. Not less than 80 percent of the funds appropriated in any fiscal year shall be obligated for grants or contracts to institutions of higher education and not more than 5 percent of such funds may be obligated for grants and contracts having the primary purpose of informing individuals about the existence and general nature of health careers." CONVERSION AND CURRICULUM GRANTS

SEC. 2744. (a)(1) Subsections (a) and (b) of section 788 (42 U.S.C. 295g-8) are repealed. (2) Notwithstanding the amendment made by paragraph (1), a school which received a grant under section 788(a) of the Public Health Service Act for the fiscal year ending September 30, 1981, may 42 USC 295g-8 continue to receive grants under such section (as in effect on the day "°**before the date of the enactment of this Act) for each year such school is a new school as determined under such section. For purposes of

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 95 STAT. 924

Grants.

Eligibility requirements.

Appropriation authorization.

42 USC 295g-8.

42 USC 254e.

PUBLIC LAW 97-35—AUG. 13, 1981 making such grants, there are authorized to be appropriated such sums as may be necessary. (b) Subsection (c) of such section is redesignated as subsection (a) and effective with respect to fiscal years beginning after September 30, 1981, is amended to read as follows: "(a)(1) The Secretary may make grants to schools which provide the first two years of education leading to the degree of doctor of medicine to assist the schools in accelerating the date they will become schools of medicine. "(2) The amount of a grant under paragraph (1) to a school shall be equal to the product of $25,000 and the number of full-time, thirdyear students which the Secretary estimates will enroll in the school in the school year beginning in the fiscal year in which such grant is made. Estimates by the Secretary under this paragraph of the number of full-time, third-year students to be enrolled in the school may be made on assurances provided by the school. ' (3) To be eligible to apply for a grant under paragraph (1), the applicant must be a public or nonprofit school providing the first two years of education leading to the degree of doctor of medicine and be accredited by a recognized body or bodies approved for such purpose by the Secretary of Education.'. (c) Subsection (d) of such section is redesignated as subsection (b) and is amended— (1) by inserting "dentistry," before "optometry" in paragraph (6), (2) by striking out "and" at the end of paragraph (20), (3) by striking out the period at the end of paragraph (21) and inserting in lieu thereof a semicolon, and (4) by adding at the end the following: "(22) training of health professionals in the diagnosis, treatment, and prevention of diabetes and other severe chronic diseases and their complications; "(23) dental education, the training of expanded function dental auxiliaries, and dental team practice; and "(24) training of allied health personnel.". (d) Subsections (f) and (g) of such section are repealed. (e) Subsection (e) of such section is redesignated as subsection (f) and effective with respect to fiscal years beginning after September 30, 1981, is amended to read as follows: "(f) For purposes of this section, there are authorized to be appropriated $6,000,000 for the fiscal year ending September 30, 1982; $6,500,000 for the fiscal year ending September 30, 1983; and $7,000,000 for the fiscal year ending September 30, 1984.". (f) Section 788 is amended by inserting after subsection (b) (as redesignated by subsection (c) of this section) the following new subsections: "(c)(1) The Secretary may make grants to and enter into contracts with schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, or other appropriate public or nonprofit private entities to assist in meeting the costs of planning, establishing, and operating projects to provide support services to health professionals practicing in health manpower shortage areas designated under section 332. Such support services may include continuing education, relief services, specialist referral services, and placement of students in a preceptorial relationship with the practitioner. "(2) No grant may be made to or contract entered into with an entity under paragraph (1)—

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 925

"(A) unless the entity agrees to provide support services to any physician, dentist, veterinarian, optometrist, podiatrist, or pharmacist (as appropriate to the category of health professionals proposed to be served by the grant or contract) who requests such services within the health manpower shortage area proposed to be served, including any member of the National Health Service Corps; "(B) to carry out activities required to be carried out under section 781; or 42 USC 295g-i. "(C) unless the amount of the award under this section is matched by a no less than equal amount from non-Federal sources. "(3) Not more than 15 percent of funds available to carry out this subsection may be used by the Secretary to fund eligible recipients to carry out research relating to the support needs of practitioners in health manpower shortage areas, nor shall more than 30 percent of such funds be used to provide continuing education. "(d) The Secretary may make grants to and enter into contracts with schools of medicine or osteopathy or other appropriate public or nonprofit private entities to assist in meeting the costs of such schools or entities of providing projects to— "(1) plan, develop, and establish courses, or expand or strengthen instruction in geriatric medicine; and "(2) establish new affiliations with nursing homes, chronic and acute disease hospitals, ambulatory care centers, and senior centers in order to provide students with clinical training in geriatric medicine. "(e) The Secretary may make grants to and enter into contracts with schools of podiatry to assist in meeting the costs to such schools of providing projects to— "(1) recruit students who reside in areas having shortages of podiatric manpower, as determined by the Secretary; and "(2) to operate clinical training programs at public or nonprofit entities located in such areas.". FINANCIAL DISTRESS; ADVANCED FINANCIAL DISTRESS

SEC. 2745. Title VI is amended by inserting after section 788 the following new sections: "FINANCIAL DISTRESS GRANTS

"SEC. 788A. (a) The Secretary may make grants to, and enter into 42 USC 295g-8a. contracts with, a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, or public health that is in serious financial distress for the purposes of assisting such school to— "(1)(A) meet the costs of operation if such school's financial status threatens its continued operation; or "(B) meet applicable accreditation requirements if such school has a special need to be Eissisted in meeting such requirements; and "(2) carry out appropriate operational, managerial, and financial reforms. "(b) Any grant or contract under this section may be made upon such terms and conditions as the Secretary determines to be reasonable and necessary, including requirements that the school agree to—

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Page:United States Statutes at Large Volume 95.djvu/952

 95 STAT. 926

Ante, p. 923.

PUBLIC LAW 97-35—AUG. 13, 1981 "(1) disclose any financial information or data necessary to determine the sources or causes of such school's financial distress; "(2) conduct a comprehensive cost analysis study in cooperation with the Secretary; and "(3) carry out appropriate operational, managerial, and financial reforms including the securing of increased financial support from non-Federal sources. "(c) No school may receive a grant under this section if such school has previously received support for three or more years under this section or under section 788(b) (as such section was in effect prior to October 1, 1981).". "ADVANCED FINANCIAL DISTRESS ASSISTANCE

42 USC 295g-8b.

"SEC. 788B. (a) The Secretary may enter into a multiyear contract with a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, or pharmacy to provide financial assistance to such school to meet incurred or prospective costs of operation if the Secretary determines that payment of such costs is essential to remove the school from serious and long-standing financial instability. To be eligible for a contract under this section, a school must have Ante, p. 925. previously received financial support under section 788A or under Ante, p. 923. section 788(b) (as such section was in effect prior to October 1, 1981) for a period of not less than three years. "(b) No school may enter into a contract under this section unless— "(1) the school has submitted to the Secretary a plan providing for the school to achieve financial solvency within five years and has agreed to carry out such plan; "(2) such plan includes securing increased financial support from non-Federal sources; "(3) such plan has been reviewed by a panel selected by the Secretary and consisting of three experts in the field of financial management who are not directly affiliated with the school or the Federal Government; and "(4) the Secretary determines, after consultation with such panel, that such plan has a reasonable likelihood of achieving success. "(c) The panel described in subsection (b)(3) shall be appointed by the Secretary within thirty days after the date of receipt of the school's plan and shall be dissolved no later than forty-five days after the panel's recommendation has been transmitted to the Secretary. Members of the panel shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the 5 USC 5332 note. General Schedule for each day (including traveltime) during which they perform duties. "(d) Any contract under this section may be entered into upon such terms and conditions as the Secretary determines to be reasonable and necessary, including requirements that the school agree to— "(1) disclose any financial information or data necessary to determine the sources or causes of such school's financial distress; "(2) conduct a comprehensive cost analysis study in cooperation with the Secretary; and "(3) carry out appropriate operational, managerial, and financial reforms including the securing of increased financial support from non-Federal sources.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 927

"(e) Pursuant to the approved plan in subsection (b), funds received under this section may be used to pay short-term or long-term debts of such school, meet accreditation requirements, or meet other costs, payment of which is essential to the continued operation of the institution or to permit such institution to achieve financial solvency within the period of the contract. "(f) No school may receive support under this section for more than five years. No contract may be entered into under this section, or continued, in a fiscal year in which the school receives support under section 788A. Ante, p. 925. "(g) An application for a contract under this section shall contain or be supported by assurances that the applicant will, in carrying out its function as a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, or podiatry, as the case may be, expend during the fiscal year for which such contract is sought, an amount of funds from non-Federal sources (other than funds for construction and any contract under this section) at least as great as the average annual amount of funds from non-Federal sources expended by such applicant in the preceding two years. (h) For the purpose of entering into contracts to carry out this section and section 788A, there are authorized to be appropriated $10,000,000 for the fiscal year ending September 30, 1982, and each of the succeeding two fiscal years. Of the amounts appropriated under the preceding sentence, not more than $2,000,000 shall be available under section 788A. Funds provided under this section shall remain available until expended without regard to any fiscal year limitation.". PUBLIC HEALTH AND HEALTH ADMINISTRATION

SEC. 2746. (a)(1) Section 770(e)(4) (42 U.S.C. 295f(e)(4)) is amended by striking out "and" after "1979," and by inserting after "1980," the following: "$6,500,000 for the fiscal year ending September 30, 1982, $7,000,000 for the fiscal year ending September 30, 1983, and $7,500,000 for the fiscal year ending September 30, 1984,". (2) Section 771(e) (42 U.S.C. 295g(e)) is amended by striking out ", in addition to the requirements of subsection (a)," and by adding at the end thereof the following sentence: "The requirements of subsection (a)(1) shall not apply to schools of public health.". a))(l) Section 791(d) (42 U.S.C. 295h(d)) is amended by striking out "and" after "1979," and by inserting before the period the following: ", $1,500,000 for the fiscal year ending September 30, 1982, $1,750,000 for the fiscal year ending September 30, 1983, and $2,000,000 for the fiscal year ending September 30, 1984". (2) Section 749 (42 U.S.C. 249s) is inserted after section 791, redesignated as section 791A, and amended in subsection (c)(A) by striking out "and" after "1979;", and (B) by inserting before the period a semicolon and the following: "and $500,000 for the fiscal year ending September 30, 1982, and the next two fiscal years". (c) Section 792 (42 U.S.C. 295h-l) is repealed. (d) Section 748 (42 U.S.C. 294r) is inserted after section 791A, redesignated as section 792, and amended (1) by striking out "749" in subsection (a)(2) and inserting in lieu thereof '791A", (2) by striking out "postbaccalaureate" in subsection 0))(3)(A)(i) and inserting in lieu thereof "baccalaureate", (3) by striking out "and" after "1979;" in subsection (c), and (4) by inserting before the period in such subsection a semicolon and the following: "$3,000,000 for the fiscal year ending September 30, 1982; $3,500,000 for the fiscal year ending

42 USC 295f-l.

^^^"-i^-
 * 2 USC 294s,

Repeal. 42 USC 295h-i. 295h-lb

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 95 STAT. 928

42 USC 295h-2.

PUBLIC LAW 97-35—AUG. 13, 1981 September 30, 1983; and $4,000,000 for the fiscal year ending September 30, 1984". (e) Part C of title VII is amended by striking out "Subpart III— Traineeships for Students in Schools, Public Health and Other Graduate Programs". (f) Section 793 (42 U.S.C. 295h-3) entitled "statistics and annual report" is redesignated as section 794 and the following new section is inserted after section 792: TRAINING IN PREVENTIVE MEDICINE

Grants. 42 USC 295h-lc.

Eligibility.

Appropriation authorization.

"SEC. 793. (a) The Secretary may make grants to and enter into contracts with schools of medicine, osteopathy, and public health to meet the costs of projects— "(1) to plan and develop new residency training programs and to maintain or improve existing residency training programs in preventive medicine; and "(2) to provide financial assistance to residency trainees enrolled in such programs. "(b)(l) The amount of any grant under subsection (a) shall be determined by the Secretary. No grant may be made under subsection (a) unless an application therefor is submitted to and approved by the Secretary. Such an application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. "(2) To be eligible for a grant under subsection (a), the applicant must demonstrate to the Secretary that it has or will have available full-time faculty members with training and experience in the fields of preventive medicine and support from other faculty members trained in public health and other relevant specialties and disciplines. "(c) For the purpose of grants under subsection (a), there are authorized to be appropriated $1,000,000 for the fiscal year ending September 30, 1982, and $1,500,00 for the fiscal year ending September 30, 1983, and $2,000,000 for the fiscal year ending September 30, 1984.".^:,,a:iy:i?vr>b.,PHYSICIAN STUDY

42 USC 292h note.

SEC. 2747. (a) The Secretary of Health and Human Services shall arrange, in accordance with subsection (c), for a study to determine— (1) the implications of the increase in the supply of physicians and the projected distribution of the increased number of physicians in the various medical specialties for— (A) the cost of health care, (B) the distribution of all physicians by geographic area, and (C) the quality of health care; and (2) the implications of the patterns of payments of physicians by Federal and other public and private third-party payers (including differences in the levels of payments to physicians in various medical specialties and geographic areas and differences in the amount of payments which support post-graduate training programs in such specialties) for— (A) the distribution of physicians in the various medical specialties, (B) the cost of health care, ,j^., . (C) the distribution of physicians by geographic area, and / ", " (D) the quality of health care.

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95 STAT. 929

(b) An interim report on such study shall be completed not later Report. than March 30, 1983. Such interim report shall include an analysis of the most effective means of providing financial assistance to graduate medical education in the United States in general internal medicine, general pediatrics, and family medicine, with particular attention to identifying ways of reducing or eliminating the need for special Federal financial assistance for such programs. A final report of such study shall be completed not later than September 30, 1984. Both Reports; reports shall be submitted to the Secretary, the Committee on Labor submittal to and Human Resources of the Senate, and the Committee on Energy congressional committee. and Commerce of the House of Representatives. (c)(1) The Secretary shall enter into a contract with the Institute of Medicine of the National Academy of Sciences to conduct the study described in subsection (a). If the Institute of Medicine is unwilling to Study alternate, enter into a contract to conduct such study, then the Secretary shall report. enter into a contract with another appropriate nonprofit private entity to conduct such study and prepare and submit the reports thereon as provided in subsection (b). (2) The authority of the Secretary to enter into a contract under paragraph (1) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts. CHAPTER 3—NURSE TRAINING REPEAL OP ENROLLMENT INCREASE REQUIREMENT

SEC. 2751. The Secretary may waive the enforcement of assurances given by any school under section 802(b)(2)(D) (42 U.S.C. 296a(b)(2)(D)).

Waiver. 42 USC 296a note.

FINANCIAL DISTRESS GRANTS

SEC. 2752. Section 815(c) (42 U.S.C. 296j(c)) is amended by striking out "and" after "1977," and by inserting before the period a comma and "$3,000,000 for the fiscal year ending September 30, 1982, $2,000,000 for the fiscal year ending September 30, 1983, and $1,000,000 for the fiscal year ending September 30, 1984". SPECIAL PROJECTS

SEC. 2753. (a)(1) Section 820(a) (42 U.S.C. 296k(a)) is amended (A) by striking out paragraphs (1), (2), and (8), (B) by inserting "or" at the end of paragraph (6), (C) by striking out the semicolon and "or" at the end of paragraph (7) and inserting in lieu thereof a period, and (D) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively. (2) Notwithstanding the amendment made by paragraph (1) of this subsection and paragraph (2) of subsection (b), an entity which received a grant or contract under section 820(a) of the Public Health Service Act for the fiscal year ending September 30, 1981, for a project described in paragraph (1), (2), or (8) of such section (as in effect when it received the grant or contract) may receive one additional grant or contract under such section for such project, (b) Section 820(d) is amended— (1) by striking out "and" after "1978,", and by inserting after "1980'*^ a comma and the following: "$10,000,000 for the fiscal year ending September 30, 1982, $10,500,000 for the fiscal year ending September 30, 1983, and $11,000,000 for the fiscal year ' ending September 30, 1984"; and

42 USC 296k note.

42 USC 296k.

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 95 STAT. 930

' ' "

PUBLIC LAW 97-35—AUG. 13, 1981 (2) by amending the last sentence to read as follows: "Of the funds appropriated under this subsection for any fiscal year beginning after September 30, 1981, not less than 20 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(1), not less than 20 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(4), and not less than 10 percent of the funds shall be obligated for payments under grants and contracts for special projects described in subsection (a)(5).". ADVANCED NURSE TRAINING

42 USC 296/.

SEC. 2754. (a) Section 821(a)(l) (42 U.S.C. 2961(a)(1)) is amended by striking out "to each" and inserting in lieu thereof "to teach. (b) Section 821(b) is amended (1) by striking out "and" after "1978,", and (2) by inserting after "1980" a comma and the following: "$14,000,000 for the fiscal year ending September 30, 1982, $15,000,000 for the fiscal year ending September 30, 1983, and $16,000,000 for the fiscal year ending September 30, 1984". (c) Section 821(a) is amended (1) by striking out "(1)" after "(a)", and (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively. NURSE PRACTITIONER PROGRAMS

42 USC 254e.

Repayments.

Waiver or suspension.

SEC. 2755. (a) Section 822(b)(1) (42 U.S.C. 296m(b)(l)) is amended by striking out "who are residents of a health manpower shortage area (designated under section 332)" and inserting in lieu thereof a period and the following: "In considering applications for a grant or contract under this subsection, the Secretary shall give special consideration to applications for traineeships to train individuals who are residents of health manpower shortage areas designated under section 332.". Ob)(l) Section 822(b)(3) is amended by inserting before the period the following: "for a period equal to one month for each month for which the recipient receives such a traineeship". (2) Section 822(b) is amended by adding after paragraph (3) the following: "(4)(A) If, for any reason, an individual who received a traineeship under paragraph (1) fails to complete a service obligation under paragraph (3), such individual shall be liable for the payment of an amount equal to the cost of tuition and other education expenses and other payments paid under the traineeship, plus interest at the maximum legal prevailing rate. "(B) When an individual who received a traineeship is academically dismissed or voluntarily terminates academic training, such individual shall be liable for repayment to the Government for an amount equal to the cost of tuition and other educational expenses paid to or for such individual from Federal funds plus any other payments which were received under the traineeship. (C) Any amount which the United States is entitled to recover under subparagraph (A) or (B) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. "(D) The Secretary shall by regulation provide for the waiver or suspension of any obligation under subparagraph (A) or (B) applicable to any individual whenever compliance by such individual is impossible or would involve extreme hardship to such individual and if

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95 STAT. 931

enforcement of such obligation with respect to any individual would be against equity and good conscience.". (c) Section 822(e) is amended (1) by striking out "and" after "1978,", 42 USC 296m. and (2) by inserting after "1980" a comma and the following: "$12,000,000 for the fiscal year ending September 30, 1982, $13,000,000 for the fiscal year ending September 30, 1983, and $14,000,000 for the fiscal year ending September 30, 1984". TRAINEESHIPS

SEC. 2756. Section 830(b) (42 U.S.C. 297(b)) is amended— (1) by striking out "and" after "1978,", and by inserting after "1980'*^ a comma and the following: "$10,000,000 for the fiscal year ending September 30, 1982, $10,500,000 for the fiscal year ending September 30, 1983, and $11,000,000 for the fiscal year ending September 30, 1984"; and (2) by adding at the end the following: "Not less than 25 percent of the funds appropriated under this subsection for any fiscal year shall be obligated for traineeships described in subsection (a)(1)(A), except that if the obligation of that amount of the funds appropriated under this subsection will prevent the continuation of a traineeship to an individual who received a traineeship under subsection (a) for the fiscal year ending September 30, 1981, the Secretary shall reduce the amount to be obligated for traineeships described in subsection (a)(l)(A) by such amount as may be necessary for the continuation of traineeships first awarded in such fiscal year. Priority in the award of traineeships under subsection (a)(l)(C) shall go to nurse midwife trainees.". STUDENT LOANS

SEC. 2757. (a) Section 835(b)(4) (42 U.S.C. 297a(b)(4)) is amended by striking out ", and that while the agreement remains in effect no such student who has attended such school before October 1, 1980, shall receive a loan from a loan fund established under section 204 of the National Defense Education Act of 1958". 20 USC 424. (b) Section 836(b)(5) (42 U.S.C. 297b(b)(5)) is amended by striking out "3" and inserting in lieu thereof "6". (c) Section 837 (42 U.S.C. 297c) is amended (1) by striking out "and" after "1978,", (2) by inserting after "September 30, 1980^' a comma and the following: '$14,000,000 for the fiscal year ending September 30, 1982, $16,000,000 for the fiscal year ending September 30, 1983, and $18,000,000 for the fiscal year ending September 30, 1984", (3) by striking out "1981" in the second sentence and inserting in lieu thereof "1985", (4) by striking out "October 1, 1980" and inserting in lieu thereof "October 1, 1984", and (5) by adding at the end the following: "Of the amount appropriated under the first sentence for the fiscal year ending September 30, 1982, and the two succeeding fiscal years, not less than $1,000,000 shall be obligated in each such fiscal year for loans from student loan funds established under section 835 to individuals who are qualified to receive such loans and who, on the date they receive the loan, have not been employed on a full-time basis or been enrolled in any educational institution on a full-time basis for at least seven years. A loan to such an individual may not exceed $500 for any academic year.". (d) Section 839 (42 U.S.C. 297e) is amended by striking out "1983" each place it occurs and inserting in lieu thereof "1987".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 932

SCHOLARSHIPS

Repeal.

SEC. 2758. (a) Section 845(b) (42 U.S.C. 297j(b)) is amended by striking out "and for each of the two succeeding fiscal years". (b) Section 845(c)(l)(B) is amended by striking out ", and for each of the two succeeding fiscal years". (c) Section 846 (42 U.S.C. 297k) is repealed. GENERAL PROVISIONS

SEC. 2759. (a) Section 851(a) (42 U.S.C. 298(a)) is amended by striking out "and the Commissioner of Education, both of whom shall be ex officio members" and inserting in lieu thereof "and an ex officio member". (b)(1) Section 853(2) (42 U.S.C. 298b(2)) is amended by inserting "in a State" before the period. (2) Section 853(6) is amended by striking out "Commissioner" each place it appears and inserting in lieu thereof "Secretary". (c) Section 856 (42 U.S.C. 298b-3) is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services".

CHAPTER 4—SURGEON GENERAL •;

Appointment.

SURGEON GENERAL

SEC. 2765. (a) The first sentence of section 211(a)(l) of the Public Health Service Act (42 U.S.C. 212(a)(l)) is amended (1) by striking out "shall be retired on" and inserting in lieu thereof "shall, if he applies for retirement, be retired on or after", and (2) by amending the last sentence to read as follows: "This paragraph does not permit or require the involuntary retirement of any individual because of the age of the individual.". (b)(1) Section 204 of the Public Health Service Act (42 U.S.C. 205) is amended by striking out the second sentence and inserting in lieu thereof the following: "The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs.".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 933

(2) The third sentence of such section 204 is amended to read as 42 USC 205. follows: "Upon the expiration of such term, the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular or Reserve Corps that he would have occupied had he not served as Surgeon General.". (c) The first sentence of section 2070>)(1) of the Public Health Service Act (42 U.S.C. 209(b)(l)) is amended by inserting "(other than an appointment under section 204)" after "no such appointment". Approved August 13, 1981.

LEGISLATIVE HISTORY—H.R. 3982 (S. 1377): HOUSE REPORTS: No. 97-158, vols. I-III (Comm. on the Budget) and No. 97-208, bks. 1, 2 (C!omm. of Conference). SENATE REPORT No. 97-139 accompanying S. 1377 (Comm. on the Budget). CONGRESSIONAL RECORD, Vol. 127 (1981): June 22-25, S. 1377 considered and passed Senate. June 25, 26, considered and passed House. July 13, considered and passed Senate, amended, ^n lieu of S. 1377. July 31, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/960

 95 STAT. 934

PUBLIC LAW 97-36—AUG. 14, 1981 Public Law 97-36 97th Congress Joint Resolution

Aug. 14, 1981 [H.J. Res. 141]

National Schoolbus Safety Week. Designation authorization.

Authorizing and requesting the President to issue a proclamation designating the period from October 4, 1981, through October 10, 1981, as "National Schoolbus Safety Week".

Whereas twenty-two million students are transported by schoolbus to and from school each day; Whereas the safety of these students deserves the highest priority; and Whereas a national program is underway to call public attention to the importance of schoolbus safety during the week of October 4, 1981, through October 10, 1981: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the period from October 4, 1981, through October 10, 1981, as "National Schoolbus Safety Week" and calling upon the people of the United States and interested groups and organizations to observe such week with appropriate ceremonies and activities. Approved August 14, 1981.

LEGISLATIVE HISTORY—H.J. Res. 141: CONGRESSIONAL RECORD, Vol. 127 (1981): July 15, considered and passed House. July 31, considered and passed Senate.

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Page:United States Statutes at Large Volume 95.djvu/961

 PUBLIC LAW 97-37—AUG. 14, 1981

Public Law 97-87 97th Congress

An Act

To amend title 38, United States Code, to improve certain benefit programs of the Veterans' Administration for veterans who are former prisoners of war, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Former Prisoner of War Benefits Act of 1981". (b) 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 title 38, United States Code. SEC. 2. (a) Chapter 3 is amended by inserting after section 220 the following new section: "§ 221. Advisory Committee on Former Prisoners of War "(a)(1) The Administrator shall establish an advisory committee to be known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the 'Committee'). "(2) The members of the Committee shall be appointed by the Administrator from the general public and shall include— "(A) appropriate representatives of veterans who are former prisoners of war; "(B) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and "(C) appropriate representatives of disabled veterans. The Committee shall also include, as ex officio members, the Chief Medical Director and the Chief Benefits Director, or their designees. "(3) The Administrator shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Administrator, except that the term of service of any such member may not exceed three years. '(b) The Administrator shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation. "(c) Not later than July 1, 1983, and not later than July 1 of each second year thereafter, the Committee shall submit to the Administrator a report on the programs and activities of the Veterans' Administration that pertain to veterans who are former prisoners of war. The Committee shall include in each such report an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation, a review of the programs and activities of the Veterans' Administration designed to meet such needs, and such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate. The Administrator shall immediately submit such report to the

-194 O—82

61: QL3

95 STAT. 935

Aug. 14, 1981 [H.R. 1100]

Former Prisoner of War Benefits Act of 1981. 38 USC 101 note.

38 USC 221. Establishment.

Membership.

Report.

Report to Congress.

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Page:United States Statutes at Large Volume 95.djvu/962

 95 STAT. 936

Report summary. 38 USC 214.

PUBLIC LAW 97-37—AUG. 14, 1981 Congress with any comments concerning the report that the Administrator considers appropriate. The Committee may also submit to the Administrator such other reports and recommendations as the Committee considers appropriate. The Administrator shall submit with each annual report submitted to the Congress pursuant to section 214 of this title a summary of all reports and recommendations of the Committee submitted to the Administrator since the previous annual report of the Administrator submitted to the Congress pursuant to such section.". (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 220 the following new item: "221. Advisory eommittee on Former Prisoners of War.".

SEC. 3. (a) Section 101 is amended by adding at the end the following new paragraph: "Former prisoner "(32) The term 'former prisoner of war' means a person who, while of war." serving in the active military, naval or air service, was forcibly detained or interned in line of duty— "(A) by an enemy government or its agents, or a hostile force, during a period of war; or "(B) by a foreign government or its agents, or a hostile force, during a period other than a period of war in which such person was held under circumstances which the Administrator finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.". (b) Clause (7) of section 612(b) is amended to read as follows: 38 USC 612. "(7) from which a veteran who is a former prisoner of war and who was detained or interned for a period of not less than six months is suffering; or". SEC. 4. (a) Section 312 is amended— 38 USC 312. (1) by striking out subsection (b); and (2) by redesignating subsection (c) as subsection (b) and amending such subsection to read as follows: "(b) For the purposes of section 310 of this title and subject to the provisions of section 313 of this title, in the case of a veteran who is a former prisoner of war and who was detained or interned for not less than thirty days, the disease of— "(1) avitaminosis, "(2) beriberi (including beriberi heart disease), "(3) chronic dysentery, "(4) helminthiasis, "(5) malnutrition (including optic atrophy associated with malnutrition), "(6) pellagra, "(7) any other nutritional deficiency, "(8) psychosis, or "(9) any of the anxiety states, which became manifest to a degree of 10 per centum or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service.". Effective date. (b) The amendments made by subsection (a) shall take effect on 38 USC 312 note. October 1, 1981. 38 USC 610. SEC. 5. (a) Section 610(a) is amended— (1) by striking out "and" at the end of clause (3); (2) by redesignating clause (4) as clause (5); and (3) by inserting after clause (3) the following new clause: 38 USC 101.

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Page:United States Statutes at Large Volume 95.djvu/963

 PUBLIC LAW 97-37—AUG. 14, 1981 "(4) a veteran who is a former prisoner of war; and". (b) Section 612(f) is amended— (1) by striking out "and" at the end of clause (1); (2) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and "and"; and (8) by inserting after clause (2) the following new clause: "(3) to any veteran who is a former prisoner of war.". (c) Section 612(i) is amended— (1) by redesignating clause (4) as clause (5); and (2) by inserting after clause (3) the following new clause: "(4) To any veteran who is a former prisoner of war.". (d) The amendments made by this section shall take effect on October 1, 1981. SEC. 6. (a) Not later than ninety days after the date of the enactment of this Act and at appropriate times thereafter, the Administrator shall, to the meiximum extent feasible and in order to carry out the requirements of the veterans outreach services program under subchapter IV of chapter 3 of title 38, United States Code, seek out former prisoners of war and provide them with information regarding applicable changes in law, regulations, policies, guidelines, or other directives affecting the benefits and services to which former prisoners of war are entitled under such title by virtue of the amendments made by this Act. (b)(1) The Administrator shall, for not less than the three-year period beginning ninety days after the date of the enactment of this Act, maintain a centralized record showing all claims for benefits under chapter 11 of such title that are submitted by former prisoners of war and the disposition of such claims. (2) Not later than ninety days after the end of the three-year period described in paragraph (1), the Administrator shall, after consulting with and receiving the views of the Advisory Committee on Former Prisoners of War required to be established pursuant to section 221 of such title, submit a report on the results of the disposition of claims described in such paragraph, together with any comments or recommendations that the Administrator may have, to the appropriate committees of Congress. The Administrator may also submit to such committees interim reports on such results. (c) For the purposes of this section, the term "former prisoner of war" has the meaning given such term in paragraph (32) of section 101 of title 38, United States Code (as added by section 3(a) of this Act). Approved August 14, 1981.

LEGISLATIVE HISTORY—H.R. 1100 (S. 468): HOUSE REPORT No. 97-28 (Comm. on Veterans' Affairs). SENATE REPORT No. 97-88 accompanying S. 468 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): June 1, 2, considered and passed House. June 4, considered and passed Senate, amended, in lieu of S. 468. July 30, House agreed to Senate amendments with amendments; Senate concurred in House amendments.

95 STAT. 937 38 USC 612.

Effective date. 38 USC 610 note. Information to former war prisoners. 38 USC 301 note. 38 USC 240.

eentralized record. 38 USC 301 et seq. Report to congressional committees.

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Page:United States Statutes at Large Volume 95.djvu/964

 95 STAT. 938

PUBLIC LAW 97-38—AUG. 14, 1981 Public Law 97-38 97th Congress An Act

Aug. 14, 1981 [S. 547] Confederated Tribes of Siletz Indians of Oregon. Permanent land improvements. 25 USC 7 l i e note.

To enable the Secretary of the Interior to erect permanent improvements on land acquired for the Confederated Tribes of Siletz Indians of Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, notwithstanding any other provision of law or regulation, the Attorney General shall approve any deed or other instrument which— (1) conveys to the United States the land described in section 2 of the Act entitled "An Act to establish a reservation for the Confederated Tribes of Siletz Indieins of Oregon", approved September 4, 1980 (94 Stat. 1073), and (2) incorporates by reference the terms of the agreement entered into on September 18, 1980, by the city of Siletz, Oregon, the Confederated Tribes of Siletz Indians of Oregon, and the United States of America. The Secretary of the Interior or the Confederated Tribes of Siletz Indians of Oregon may erect permanent improvements, improvements of a substantial value, or any other improvements authorized by law on such land after such land is conveyed to the United States. Approved August 14, 1981.

LEGISLATIVE HISTORY—S. 547 (H.R. 2015): HOUSE REPORT No. 97-191 accompanying H.R. 2015 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-108 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): May 21, considered and passed Senate. Aug. 4, H.R. 2015 considered and passed House; proceedings vacated, S. 547 passed in lieu.

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Page:United States Statutes at Large Volume 95.djvu/965

 PUBLIC LAW 97-39—AUG. 14, 1981

95 STAT. 939

Public Law 97-39 97th Congress

An Act To authorize supplemental appropriations for fiscal year 1981 for the Armed Forces for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles and for research, development, test, and evaluation, to increase the authorized personnel end strengths for military and civilian personnel of the Department of Defense for such fiscal year, to authorize supplemental appropriations for such fiscal year for construction at certain military installations, and for other purposes.

Aug. 14, 1981 [S. 694]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may beDepartment of cited as the "Department of Defense Supplemented Authorization Defense Supplemental Act, 1981". Authorization TITLE I—PROCUREMENT Act, 1981. AUTHORIZATION OP SUPPLEMENTAL APPROPRIATIONS

SEC. 101. In addition to the funds authorized to be appropriated under title I of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1077), funds are hereby authorized to be appropriated for fiscal year 1981 for the use of the Armed Forces for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, as authorized by law, in amounts as follows: AIRCRAFT

For aircraft: for the Army, $128,000,000; for the Navy and Marine Corps, $143,600,000; for the Air Force, $716,625,000. MISSILES

For missiles: for the Army, $27,000,000; for the Air Force, $205,869,000; for the Marine Corps, $10,700,000. NAVAL VESSELS

For naval vessels: for the Navy, $149,900,000. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $796,000,000; for the Marine Corps, $11,300,000. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS

SEC. 201. In addition to the funds authorized to be appropriated under title II of the Department of Defense Authorization Act, 1981

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Page:United States Statutes at Large Volume 95.djvu/966

 95 STAT. 940

PUBLIC LAW 97-39—AUG. 14, 1981 (94 Stat. 1079), funds are hereby authorized to be appropriated for fiscal year 1981 for the use of the Armed Forces for research, development, test, and evaluation, as authorized by law, in amounts as follows: For the Army, $83,463,000. For the Navy (including the Marine Corps), $138,067,000. For the Air Force, $242,462,000. For the Defense Agencies, $16,936,000. TITLE m—ACTIVE FORCES INCREASE IN FISCAL YEAR 1981 ACTIVE DUTY END STRENGTHS

SEC. 301. Section 301 of the Department of Defense Authorization Act, 1981 (94 Stat. 1082), is amended by striking out "775,300", "537,456", "188,100", and "564,500" and inserting in lieu thereof "780,000", "540,456", "190,600", and "569,000", respectively. TITLE IV—RESERVE FORCES INCREASE IN NUMBER OF MARINE CORPS RESERVISTS AUTHORIZED TO BE ON FULL-TIME ACTIVE DUTY ON SEPTEMBER 30, 1981, IN SUPPORT OF THE MARINE CORPS RESERVE

SEC. 401. Section 401(b)(4) of the Department of Defense Authorization Act, 1981 (94 Stat. 1084), is amended by striking out "67" and inserting in lieu thereof "133". TITLE V—CIVILIAN PERSONNEL INCREASE IN NUMBER OF CIVIUAN PERSONNEL AUTHORIZED FOR THE DEPARTMENT OF DEFENSE AS OF SEPTEMBER 30, 1981

SEC 501. Section 501(a) of the Department of Defense Authorization Act, 1981 (94 Stat. 1085), is amended by striking out "986,000" and inserting in lieu thereof "1,012,250". TITLE VI—MILITARY CONSTRUCTION A U T H O R I Z E D ARMY CONSTRUCTION PROJECTS

SEC 601. (a) In addition to the amounts authorized for acquisition and construction by title I of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1749), the following amount is authorized for the location specified: UNITED STATES ARMY, EUROPE

Various Locations, $1,800,000. (b) There is authorized to be appropriated for fiscal year 1981 for the purpose of subsection (a) the sum of $1,800,000. AUTHORIZED NAVY CONSTRUCTION PROJECTS

SEC 602. (a) In addition to the amounts authorized for acquisition and construction by title II of the Military Construction Authorization Act, 1981 (94 Stat. 1752), the following amount is authorized for the location specified:

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Page:United States Statutes at Large Volume 95.djvu/967

 PUBLIC LAW 97-39—AUG. 14, 1981 UNITED STATES MARINE CORPS

Marine Corps Air Station, El Toro, California, $2,000,000. (b) There is authorized to be appropriated for fiscal year 1981 for the purpose of subsection (a) the sum of $2,000,000. AUTHORIZED AIR FORCE CONSTRUCTION PROJECTS

SEC. 603. (a) In addition to the amounts authorized for acquisition and construction by title HI of the Military Construction Authorization Act, 1981 (94 Stat. 1756), the following amounts are authorized for the locations specified: AIR TRAINING COMMAND

Laughlin Air Force Base, Texas, $4,700,000. STRATEGIC AIR COMMAND

K. I. Sawyer Air Force Base, Michigan, $540,000. SPECIAL PROJECT

Various Locations, Special Project, $50,000,000. (b) There is authorizied to be appropriated for fiscal year 1981 for the purpose of subsection (a) the sum of $55,240,000. AUTHORIZED CONSTRUCTION PROJECTS FOR THE DEFENSE AGENCIES

SEC. 604. (a) In addition to the amount specified for minor construction projects by section 403 of the Militcuy Construction Authorization Act, 1981 (94 Stat. 1761), the Secretary of Defense is authorized to accomplish minor construction projects under section 2674 of title 10, United States Code, in the amount of $900,000. (b) There is authorized to be appropriated for fiscal year 1981 for the purpose of subsection (a) the sum of $900,000. MILITARY FAMILY HOUSING

SEC. 605. Section 510(a) of the Military Construction Authorization Act, 1981 (94 Stat. 1767), is amended— (1) by striking out ''$276,100,000" in clause (1) and inserting in lieu thereof "$260,078,000'^ and (2) by striking out "$1,880,760,000" in clause (2) and inserting in lieu thereof'^1,896,782,000". AIR NATIONAL GUARD OF THE UNITED STATES

SEC. 606. In addition to the amount specified in section 701(3)(A) of the Military Construction Authorization Act, 1981 (94 Stat. 1774), the Secretary of Defense may establish or develop facilities for the Air National Guard of the united States in an amount not to exceed $6,500,000. LIMITATIONS APPLICABLE TO USE OF FUNDS

SEC. 607. (a) Authorizations contained in this title shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1981 (94 Stat. 1749), in the same manner as ^such authorizations had been included in the Act.

95 STAT. 941

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Page:United States Statutes at Large Volume 95.djvu/968

 95 STAT. 942

94 Stat 1749-1763. 94 Stat.

PUBLIC LAW 97-39—AUG. 14, 1981 (b) For the purposes of the limitations set forth in section 603 of the Military Construction Authorization Act, 1981 (94 Stat. 1768), the amounts authorized to be appropriated for titles I through V of that ^^^ sYiall be deemed to be increased, respectively, by the amounts authorized to be appropriated by sections 601 through 605. MODIFICATION OF PRIOR YEAR AUTHORIZATION FOR FAMILY HOUSING UNITS AT TINKER AIR FORCE BASE, OKLAHOMA

SEC. 608. (a) Section 501(c) of the Militant Construction Authorization Act, 1980 (Public Law 96-125; 93 Stat. 940), is amended by striking out "three hundred thirty-two units" in the item relating to Tinker Air Force Base and inserting in lieu thereof "two hundred units". (b) The authorization for construction of, or acquisition of sole interest in, family housing units at Tinker Air Force Base, Oklahoma, contained in section 501 of the Military Construction Authorization Act, 1980, as amended by subsection (a), is hereby modified to authorize construction of such family housing units on base at Tinker Air Force Base. TITLE Vn-COMPENSATION PROVISIONS SUBMARINE DUTY INCENTIVE PAY

94 Stat. 3360.

Effective date. 37 USC 301c note.

SEC. 701. (a) Paragraphs (1) and (2) of section 301c(a) of title 37, United States Code, are amended to read as follows: "(1) Subject to regulations prescribed by the President, a member of the Navy who is entitled to basic pay, and (A) holds (or is in training leading to) a submarine duty designator, (B) is in and remains in the submarine service on a career basis, and (C) meets the requirements of paragraph (3) of this subsection, is entitled to continuous monthly submarine duty incentive pay in the amount set forth in subsection (b) of this section. "(2) Subject to regulations prescribed by the President, a member of the Navy who is entitled to basic pay but is not entitled to continuous monthly submarine duty incentive pay under paragraph (1) of this subsection is entitled to submarine duty incentive pay in the amount set forth in subsection (b) of this section for any period during which such member performs frequent and regular operational submarine duty (as defined in paragraph (5) of this subsection) required by orders.". (b) Paragraph (5)(A)(i) of such section is amended by inserting "while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle)," after "to a submarine,". (c) The amendments made by this section shall take effect as of January 1,198L

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Page:United States Statutes at Large Volume 95.djvu/969

 PUBLIC LAW 97-39—AUG. 14, 1981

95 STAT. 943

EFFECTIVE DATE OF AOCDMUIATED LEAVE AMENDMENT

SEC. 702. The amendment made by section 10 of the Military Pay lo use TOI note. and Allowances Benefits Act of 1980 (Public Law 96-579; 94 Stat 8368) shall apply with respect to the accumulation of leave by members of the Armed Forces who after September 80, 1979, are assigned (1) to a deployable ship or mobile umt, or (2) to other duly designated after the date of the enactment of this Act as duty Qualifying for the purpose of section 701(f) of title 10, United States Code, as amended by that amendment Approved August 14, 1981.

LEGISLATIVE HISTORY—S. 694 (H.R. 2614): HOUSE REPORTS: No. 97-20 accompanying H.R. 2614 (Comm. on Armed Services) and 97-204 (Comm. of Conference). SENATE REPORT No. 97-35 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 127 (1981): Apr. 7, considered and passed Senate. June 11, 15, 23, H.R. 2614 considered and passed House; proceedings vacated and S. 694, amended, passed in lieu. July 30, Senate agreed to conference report. Aug. 4, House agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/970

 95 STAT. 944

PUBLIC LAW 97-40—AUG. 14, 1981 Public Law 97-40 97th Congress

An Act Aug. 14, 1981 [S. 640]

To amend the District of Columbia Self-Government and Governmental Reorganization Act to extend the authority of the Mayor to accept certain interim loans from the United States and to extend the authority of the Secretary of the Treasury to make such loans.

Be it enacted by the Senate and House of Representatives of the District of United States of America in Congress assembled. That section 723(a) Columbia SelfGovernment and of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-241 note) is amended by Governmental striking out "October 1, 1980, or upon enactment of the fiscal year Reorganization Act, 1981 appropriation Act for the District of Columbia government, amendment. whichever is later" in the first sentence and inserting in lieu thereof "October 1, 1982, or the date of the enactment of the appropriation Act for the fiscal year ending September 30, 1983, for the government of the District of Columbia, whichever is later". Approved August 14, 1981.

LEGISLATIVE HISTORY—S. 640 (H.R. 2818): HOUSE REPORT No. 97-43 accompanying H.R. 2818 (Comm. on the District of Columbia). SENATE REPORT No. 97-79 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 127 (1981): June 3, considered and passed Senate. July 27, H.R. 2818 considered and passed House; proceedings vacated and S. 640, amended, passed in lieu. Aug. 3, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 95.djvu/971

 PUBLIC LAW 97-41-AUG. 14, 1981

95 STAT. 945

Public Law 97-41 97th Congress A n Act To authorize the generation of electrical power at Palo Verde Irrigation District Diversion Dam, California.

Aug. 14, 1981 [S. 875]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Palo Verde August 31, 1954 (68 Stat. 1045) is amended by striking subsection 2(c) Irrigation District and inserting in lieu thereof the following: Diversion Dam, "(c) to accept title to said dam, appurtenant works, lands, and Calif. interests in land upon payment by the district (which payment Electrical power shall be made over a period of not more than fifty years) of the generation. sum of $1,175,000, and upon repayment of any loan made 15 USC 714b. pursuant to section 4, clause (c), of this Act; "(d) notwithstanding any provision of the Federal Power Act (16 U.S.C. 792 et seq.), to the contrary, the Palo Verde Irrigation District, California, shall have the exclusive right to utilize said dam, appurtenant works, lands, and interests in land for the development, generation, transmission, and disposal of electric power and e n e i ^ pursuant to a license from the Federal Energy Regulatory Commission under part I of the Federal Power Act: Provided, That if the Palo Verae Irrigation District, California, after the date of enactment of this subsection shall notify the Secretary of the Interior that it relinquishes the right granted in this subsection there shall be and is hereby reserved to the United States or there shall be made available to it, as the case may require, the exclusive right to utilize, without cost to it, said dam, appurtenant works, lands, and interests in land for such development, generation, and transmission of electric power and energy as may hereafter be authorized by law: Provided further. That in the event it becomes practicable for the United States to develop hydroelectric energy at this site, the division of such energy between the United States and the district shall be a matter of negotiation prior to construction of any powerplant.". Approved August 14, 1981.

LEGISLATIVE HISTORY—S. 875: HOUSE REPORT No. 97-209 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-60 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): May 14, considered and passed Senate. Aug. 4, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/972

 95 STAT. 946

PUBLIC LAW 97-42—AUG. 14, 1981 Public Law 97-42 97th Congress An Act

Aug. 14, 1981 [S. 1278]

Entitled the "Saccharin Study and Labeling Act Amendment of 1981".

Be it enacted by the Senate and House of Representatives of the Saccharin Study United States of America in Congress assembled, That this Act may be and Labeling Act cited as the "Saccharin Study and LabeUng Act Amendment of 1981". I9'8r" SEC. 2. The Saccharin Study and LabeUng Act is amended by 21 USC 301 note, striking from section 3 "June 30, 1981" and inserting in Heu thereof 94 Stat. 536. "twenty-four months after the date of enactment of the Saccharin 21 USC 348 note. Study and LabeUng Act Amendment of 1981". Approved August 14, 1981.

LEGISLATIVE HISTORY—S. 1278: SENATE REPORT: No. 97-140 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): June 25, considered and passed Senate. July 31, considered and passed House.

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Page:United States Statutes at Large Volume 95.djvu/973

 PUBLIC LAW 97-43—AUG. 20, 1981

95 STAT. 947

Public Law 97-43 97th Congress Joint Resolution To authorize and request the President to designate September 13, 1981, as "Commodore John Barry Day".

Aug. 20, 1981 [S.J. Res. 87]

Whereas Commodore John Barry, hero of the American Revolution and holder of the first Commission in the United States Navy, was born on September 13, 1745, in County Wexford, Ireland; Whereas Commodore Barry was commissioned to command the brig Lexington, the first ship bought and equipped for the Revolution, and became a national hero with the first capture of an enemy warship in actual battle; Whereas following the Revolution, when the sovereignty of this new Nation was threatened by pirates. Commodore Barry was placed in command of the first ships authorized under the new Constitution and was named senior captain of the United States Navy in 1794; Whereas Commodore Barry is considered as the father of the United States Navy; and Whereas Commodore Barry was honored by the United States Congress in 1906, when a statue was commissioned and later placed in Lafayette Park, Washington, District of Columbia, and honored again some fifty years later when the Congress authorized a statue to be presented in his name to the people of County Wexford, Ireland: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President Commodore is authorized and requested to designate September 13, 1981, as John Barry Day. "Commodore John Barry Day", as a tribute to the father of the Designation authorization. United States Navy, and to call upon Federal, State, and local government agencies and the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 20, 1981.

LEGISLATIVE HISTORY—S.J. Res. 87: CONGRESSIONAL RECORD, Vol. 127 (1981): July 31, considered and passed Senate. Aug. 4, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 34 (1981): Aug. 20, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/974

 95 STAT. 948

PUBLIC LAW 97-44—SEPT. 17, 1981 Public Law 97-44 97th Congress Joint Resolution

Sept. 17, 1981 [S.J. Res. 62]

National Cystic Fibrosis Week. esigna ion.

IJIQ authorize and request the President to designate the week of September 20 through 26, 1981, as "National Cystic Fibrosis Week".

Whereas cystic fibrosis is the number one genetic killer of children in America, and between one thousand five hundred and two thousand five hundred are born each year in this country with the disease; and Whereeis public understanding of cystic fibrosis is essential to enhance early detection and treatment of the disease and reduce the misunderstanding and confusion concerning the symptoms of cystic fibrosis; and Whereas a national awareness of the cystic fibrosis problem will stimulate interest and concern leading to increased research and eventually a cure for cystic fibrosis: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of September 20 through 26,^ 1981, is designated as "National Cystic Fibrosis Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. Approved September 17, 1981.

LEGISLATIVE HISTORY—S.J. Res. 62: CONGRESSIONAL RECORD, Vol. 127 (1981): July 31, considered and passed Senate. Sept. 15, considered and peissed House.

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