The State agency shall, prior to the approval by it, under the State plan approved under part A, of the first project in the State during any fiscal year, give written notification to the Surgeon General of the Federal share which it has elected pursuant to paragraph (1), and the Federal share which it has elected pursuant to paragraph (2), of this subsection for projects in such State to be approved by the Surgeon General during such fiscal year, and such Federal share or shares for projects in such State approved by the Surgeon General during such fiscal year shall not be changed after approval of such first project by the State. (c) The term "hospital" includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses' home facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care. (d) The term "public health center" means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility. (e) The term "nonprofit" as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (f) The term "diagnostic or treatment center" means a facility for the diagnosis or diagnosis and treatment of ambulatory patients (1) which is operated in connection with a hospital, or (2) in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State. (g) The term "rehabilitation facility" means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of (1) medical evaluation and services, and (2) psychological, social, or vocational evaluation and services, under competent professional supervision, and in the case of which (3) the major portion of the required evaluation and services is furnished within the facility; and (4) either (A) the facility is operated in con 57 Sec. 3(a) of P.L. 88-581 amended sec. 625 (c), effective July 1, 1965, by deleting the words "and training." nection with a hospital, or (B) all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State. (h) The term "facility for long-term care" means a facility providing in-patient care for convalescent or chronic disease patients who require skilled nursing care and related medical services (1) which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculous patients) or is operated in connection with a hospital, or (2) in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State. (i) The term "construction" includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities); including architects' fees, but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of land. (j) The term "cost" as applied to construction or modernization means the amount found by the Surgeon General to be necessary for construction and modernization respectively, under a project, except that such term, as applied to a project for modernization of a facility for which a grant or loan is to be made from an allotment under section 602(a)(2), does not include any amount found by the Surgeon General to be attributable to expansion of the bed capacity of such facility. (k) The term "modernization" includes alteration, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and replacement of obsolete, built-in (as determined in accordance with regulations) equipment of existing buildings. (1) The term "title," when used with reference to a site for a project, means a fee simple, or such other estate or interest (including a leasehold on which the rental does. not exceed 4 per centum of the value of the land) as the Surgeon General finds sufficient to assure for a period of not less than fifty years' undisturbed use and possession for the purposes of construction and operation of the project. 42 U.S.C. 292 42 U.S.C. 292a TITLE VII-HEALTH RESEARCH AND TEACH- PART A-GRANTS FOR CONSTRUCTION OF HEALTH DECLARATION OF POLICY SEC. 701. (a) The Congress hereby finds and declares that (1) the Nation's economy, welfare, and security are adversely affected by many crippling and killing diseases the prevention and control of which require a substantial increase, in all areas of the Nation, of research activities in the sciences related to health, and (2) funds for the construction of new and improved non-Federal facilities to house such activities are inadequate. (b) It is therefore the purpose of this part to assist in the construction of facilities for the conduct of research in the sciences related to health by providing grants-inaid on a matching basis to public and nonprofit institutions for such purpose. DEFINITIONS SEC. 702. As used in this part (1) the term "Council" means the National Advisory Council on Health Research Facilities established by section 703; (2) the terms "construction" and "cost of construction" include (A) the construction of new buildings, and the expansion, remodeling and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered; (3) the term "nonprofit institution" means an institution 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; and (4) the term "sciences related to health" includes medicine, osteopathy, dentistry, and public health, and fundamental and applied sciences when related thereto. 58 Sec. 2(a) of P.L. 88-129 amended the heading of title VII: added the designation of sec. 701 to 711, inclusive, as a new pt. A; and changed the words "this title" wherever they appeared in the new pt. A to read "this part." NATIONAL ADVISORY COUNCIL ON HEALTH RESEARCH SEC. 703. (a) There is hereby established in the Public (1) advise and assist the Surgeon General in the preparation of general regulations and with respect to policy matters arising in the administration of this part; and (2) consider all applications for grants under this part and make to the Surgeon General such recommendations as it deems advisable with respect to (A) the approval of such applications, and (B) the amount which should be granted to each applicant whose application, in its opinion, should be approved. (c) The Surgeon General is authorized to use the services of any member or members of the Council, and where appropriate, any member or members of the Federal Hospital Council, the National Advisory Health Council or the other national advisory councils referred to in section 217 of this Act, in connection with matters. related to the administration of this part, for such periods, in addition to conference periods, as he may determine. The Surgeon General shall, in addition, make appropriate provision for consultation between and coordination of the work of the Council, the Federal Hospital Council, the National Advisory Health Council and such. other national advisory councils, with respect to matters bearing on the purposes and administration of this part. (d) Appointed members of the Council, while attending conferences or meetings of the Council or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $100 per diem, including travel time, and while away from their homes or regular Sec. 703 (d) amended by sec. 403 of P.L. 90–490. 42 U.S.C. 292b 42 U.S.C. 292c 42 U.S.C. 292d places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. AUTHORIZATION OF APPROPRIATIONS SEC. 704.60 There is hereby authorized to be appropriated for the fiscal year ending June 30, 1957, and for each of the nine succeeding fiscal years, not to exceed $50,000,000, for the fiscal year ending June 30, 1967, and the two succeeding fiscal years, an aggregate of not to exceed $280,000,000, $20,000,000 for the fiscal year ending June 30, 1970, and $30,000,000 for the next fiscal year, for making grants-in-aid for the construction of facilities for research, or research and related purposes, in the sciences related to health; and any sums appropriated pursuant to this section shall remain available until expended. APPROVAL OF APPLICATIONS SEC. 705. (a) 60 Applications for grants under this part shall be made not later than June 30, 1970. (b) To be eligible to apply for a grant under this part, the applicant must be a public or nonprofit institution, determined by the Surgeon General, after consultation with the Council, to be competent to engage in the type of research for which the facility is to be constructed. (c) 61A grant under this part may be made only if the application there for is recommended for approval by the Council and is approved by the Surgeon General upon his determination that (1) the applicant meets the eligibility conditions set forth in subsection (b); (2) 62 the application contains or is supported by reasonable assurances that (A) for not less than ten years after completion of construction, the facility will be used for the purposes of research, or research and related purposes, in the sciences related to health for which it is to be constructed, (B) subject to subsection (d), sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, and (C) sufficient funds will be available, when construction is completed, for effective use of the facility for the research, or research and related purposes, for which it is being constructed; (3) the proposed construction will expand the applicant's capacity for research in the sciences related to health, or is necessary to improve or maintain the quality of the applicant's research in the sciences related to health; and, 60 Secs. 704 and 705 (a) amended by sec. 401 of P.L. 90-490. 61 Sec. 705 (c) amended by sec. 3 of P.L. 88-129. Sec. 705 (c) (2) and (3) amended, and (4) added by sec. 3 of P.L. 88-129. |