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[H. R. 7841, 85th Cong., 1st sess.]

A BILL To authorize a five-year program of grants for construction of medical, dental, and public health educational and research facilities, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Health Educational Facilities Construction Act of 1957".

SEC. 2. The Public Health Service Act, as amended, is amended by adding at the end thereof the following new title:

"TITLE VIII-HEALTH EDUCATIONAL FACILITIES CONSTRUCTION PROGRAM

"SEC. 801. The Congress hereby finds and declares that

"(a) increased demand for health services and health research necessitate the expansion and improvement of existing health educational facilities;

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(b) steadily increasing tuition fees and increasing contribution from private citizens, associations, funds, and foundations and from the health professions themselves have proven insufficient to provide the necessary capital funds required for such expansion and improvement;

"(c) it is, therefore, the policy of the Congress to provide funds for construction of health educational and research facilities for our public and nonprofit medical, dental, and public health schools, thus insuring the continued production of an adequate number of properly qualified and trained physicians, dentists, teachers, and research scientists.

"SEC. 802. As used in this title

"DEFINITIONS

"(a) 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 in excess of amounts granted under section 804 (a) (3), but not including the cost of acquisition of land or off-site improvements, except in the case of existing structures suitable for use as health educational or research facilities, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered; "(b) The term 'nonprofit' means 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; and

"(c) The term 'medical school' means a school providing training leading to the degree of doctor of medicine or osteopathy, approved or accredited by a recognized body or bodies approved by the Surgeon General after he has obtained the advice and recommendation of the Federal Council on Medical and Dental Educational Facilities created under section 803.

"(d) The term 'dental school' means a school which provides training leading to a degree of doctor of dental surgery, or an equivalent degree, approved or accredited by a recognized body or bodies approved by the Surgeon General after he has obtained the advice and recommendation of the Federal Council on Medical and Dental Educational Facilities created under section 803.

"(e) The term 'public health school' means a school which provides comprehensive professional training, specialized consultative services, and technical assistance in the fields of public health and in the administration of State and local public health programs.

"(f) The term 'health educational and research facilities' includes educational and research facilities in medicine, dentistry, and public health.

"COUNCIL ON HEALTH EDUCATIONAL FACILITIES

"SEC. 803 (a) There is hereby created a Federal Council on Health, Educational Facilities (hereinafter referred to as the Council) consisting of the Surgeon General, who shall serve as Chairman ex officio, and twelve members appointed without regard to the civil-service laws by the Surgeon General with the approval of the Secretary of Health, Education, and Welfare. Six of the appointed members shall be selected from the general public and six shall be selected from among leading medical, dental, public health, or scientific authorities who are skilled in the sciences related to health.

"(b) The Council shall advise, consult with, and make recommendations to, the Surgeon General in connection with payments out of appropriations authorized by section 804 and on other matters relating to the administration of this title.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 804. (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1958, and for each of the four succeeding fiscal years, the sums hereinafter specified to enable the Surgeon General, upon the recommendation of the Council, to make grants-in-aid for construction of teaching and research facilities of public or nonprofit medical, dental, and public health schools necessary to carry out the provisions of section 801: In the case of medical schools the sum of $45,000,000 for each fiscal year; and in the case of dental schools the sum of $8,000,000 for each fiscal year; and in the case of public health schools the sum of $7,000,000 for each fiscal year. No such grant shall be in excess of 50 per centum of the cost of construction with respect to which it is made, except that—

"(1) where the school gives satisfactory assurance that the freshman enrollment will be increased by 5 per centum of the 1956-1957 freshman enrollment, the grant shall be made in an amount equal to 66% per centum of the cost of construction;

"(2) in the case of new schools, grants may be made, upon recommendation of the national accrediting agencies, in an amount not to exceed 66% per centum of the cost of construction; and

“(3) upon application of any medical, dental, or public health school, a grant of not to exceed $25,000 may be made for the purpose of preparing initial plans with estimates for the proposed new construction.

"(b) No grant or grants shall be made to any one medical school in excess of $3,000,000 or to any one dental or public health school in excess of $1,000,000 for the total five-year program authorized in this section, exclusive of amounts granted under subsection (a) (3) of this section.

"(c) Funds appropriated pursuant to this section shall remain available for the fiscal year in which appropriated and the two succeeding fiscal years. "(d) Except as provided in subsection (a) (2) of this section, payments from appropriations under this section may be made only in the case of accredited medical and dental schools.

"APPLICATIONS BY MEDICAL, DENTAL, AND PUBLIC HEALTH SCHOOLS FOR GRANTS

"SEC. 805. Any new or existing public or nonprofit medical, dental, or public health school desiring a grant under this title may file an application therefor with the Surgeon General for the fiscal year in which such grant is desired. Such application shall contain such information as the Surgeon General may by regulation prescribe and shall contain adequate assurances that the school will be operated as a public or nonprofit institution, and comply with all provisions of this title and regulations promulgated pursuant thereto.

"GRANTS FOR CONSTRUCTION

"SEC. 806. (a) The Surgeon General, in accordance with regulations, and upon the recommendation of the Council, shall determine from time to time the amount to be paid to each medical, dental, or public health school from appropriations under section 804 and shall certify to the Secretary of the Treasury the amounts so determined. Upon receipt of any such certification, the Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, pay in accordance with such certification.

"(b) Not to exceed 20 per centum of the amount of any grant for new construction may, at the discretion of the applicant, be allocated to permanent endowment for the cost of maintenance of the new facility.

"REGULATIONS

"SEC. 807. All regulations under this title with respect to payments to medical, dental, or public health schools shall be made only after obtaining the advice and recommendation of the Council.

"GENERAL PROVISIONS

"SEC. 808. Nothing in this title shall be construed as authorizing any department, agency, officer, or employee of the United States to exercise any control over, or prescribe any requirements with respect to, the curriculum or administration of any medical, dental, or public health school, or the admission of applicants thereto."

TECHNICAL AMENDMENTS TO ACT OF JULY 1, 1944

SEC. 3. (a) The Act of July 1, 1944 (58 Stat. 682), as amended, is hereby further amended by changing the number of title VIII to IX and by changing the numbers of sections 801 to 814, inclusive, and references thereto, to sections 901 to 914, respectively.

(b) Section 1 of the Public Health Service Act is amended to read as follows: "SECTION 1. Titles I to VII, inclusive, of this Act may be cited as the 'Public Health Service Act."

[H. R. 11913, 85th Cong., 2d sess.]

A BILL To amend the Public Health Service Act to authorize grants for research and teaching facilities for existing and new medical, dental, and public health schools; to extend title VII of that Act (relating to health research facilities) for an additional three-year period; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Medical and Dental Research and Teaching Facilities Act of 1958.”

TITLE I

SEC. 101. Paragraph (1) of section 702 of the Public Health Service Act (relating to definitions) is amended by striking out "Research Facilities" and inserting in lieu thereof "Research and Teaching Facilities".

SEC. 102. (a) The heading of section 703 of the Public Health Service Act (relating to the National Advisory Council on Health Research Facilities) is amended by striking out "RESEARCH FACILITIES" and inserting in lieu thereof "RESEARCH AND TEACHING FACILITIES".

(b) (1) The first sentence of subsection (a) of such section is amended by striking out "Research Facilities" and inserting in lieu thereof "Research and Teaching Facilities", and by striking out "twelve" and inserting in lieu thereof "sixteen".

(2) The second sentence of such subsection is amended by striking out “Four" and inserting in lieu thereof "Six" and by striking out "eight" and inserting in lieu thereof "ten".

(3) Clauses (1) and (2) of the third sentence of such subsection are amended by striking out "research" and inserting in lieu thereof "research or teaching" each place where it appears.

(c) Subsection (b) of such section is amended by inserting "and titles VIII and IX of this Act" after "title" each place where it appears.

(d) Subsection (c) of such section is amended by inserting "and titles VIII and IX of this Act" after "title" each place where it appears.

SEC. 103. (a) Section 704 of the Public Health Service Act (relating to authorization of appropriations) is amended by striking out "two succeeding fiscal years," and inserting in lieu thereof "five succeeding fiscal years,”.

(b) Section 705 (a) of the Public Health Service Act (relating to approval of applications) is amended by striking out "1958" and inserting in lieu thereof "1961".

TITLE II

SEC. 201. The Public Health Service Act is amended by adding at the end thereof the following new title:

"TITLE VIII-EXISTING MEDICAL, DENTAL, AND PUBLIC HEALTH

SCHOOLS

"DECLARATION OF POLICY

"SEC. 801. (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 adequate numbers of physicians, dentists, and professional public health personnel, teachers, and research scientists in the sciences related to health, and a substantial increase, in all areas of the Nation, of research activities in these sciences, and (2) funds for the construction of new and improved non-Federal facilities in which teaching of such personnel may be provided or to house such research activities are inadequate.

"(b) It is therefore the purpose of this title to assist in the construction of medical, dental, and public health teaching facilities and facilities for the conduct of research in the sciences related to health by providing grants on a matching basis to medical, dental, and public health schools for such purposes.

"SEC. 802. As used in this title

"DEFINITIONS

"(1) the term 'Council' means the National Advisory Council on Health Research and Teaching Facilities established by section 703 of this Act; "(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 'sciences related to health' includes medicine, osteopathy, dentistry, and public health, and fundamental and applied sciences when related thereto;

"(4) the term 'medical school' means a school (A) which provides training leading to a degree of doctor of medicine or osteopathy or a graduate degree in public health, and (B) which is approved or accredited before the date of enactment of this title by a recognized body or bodies approved by the Surgeon General;

"(5) the term 'dental school' means a school (A) which provides training leading to a degree of doctor of dental surgery, or an equivalent degree, and (B) which is approved or accredited before the date of enactment of this title by a recognized body or bodies approved by the Surgeon General; and "(6) the term 'public health school' means a school (A) which provides comprehensive professional training, specialized consultative services, and technical assistance in the fields of public health and in the administration of State and local public health programs, and (B) which is approved or accredited before the date of enactment of this title by a recognized body or bodies approved by the Surgeon General.

"NATIONAL ADVISORY COUNCIL ON HEALTH RESEARCH AND TEACHING

FACILITIES

"SEC. 803. The Council shall perform the same functions with respect to this title as it performs with respect to title VII of this Act.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 804. There is hereby authorized to be appropriated $50,000,000 for each fiscal year in the period beginning July 1, 1958, and ending June 30, 1963, for making grants-in-aid as provided in this title for the construction of medical, dental, and public health teaching facilities, and facilities for the conduct of

research in the sciences relating to health by medical, dental, and public health schools; and any sums appropriated pursuant to this section shall remain available until expended.

"APPROVAL OF APPLICATIONS

"SEC. 805. (a) Applications for grants under this title shall be made not later than June 30, 1962.

"(b) To be approved for purposes of eligibility for a grant to assist in the construction of a facility for teaching or a facility for both teaching and research, an institution must be a medical school, dental school, or a public health school.

"(c) A grant under this title may be made only if the application therefor 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);

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(2) 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 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 purposes for which it is being constructed; and "(3) the proposed construction will expand the applicant's capacity for research in the sciences related to health or for teaching medicine, dentistry, osteopathy, or public health, or is necessary to improve or maintain the quality of such research or teaching by the applicant.

"(d) Within such aggregate monetary limit as the Surgeon General may prescribe, after consultation with the Council, applications which (solely by reason of the inability of the applicants to give the assurance required by clause (B) of subsection (c) (2)) fail to meet the requirements for approval set forth in subsection (c) may be approved upon condition that the applicants give the assurance required by such clause (B) within a reasonable time and upon such other reasonable terms and conditions as he may determine after consultation with the Council.

"(e) In acting upon applications for grants, the Council and the Surgeon General shall take into consideration the relative effectiveness of the proposed facilities in expanding capacity for research in the sciences related to health, or for teaching medicine, dentistry, osteopathy, or public health, in improving the quality of such research or training, and in promoting an equitable geographical distribution of such research or training (giving due consideration to population, available scientific research workers or prospective student applicants, and available research or teaching resources in various areas of the Nation).

"AMOUNT OF GRANT; PAYMENTS

"SEC. 806. (a) (1) The amount of any grant made under this title shall be that recommended by the Council or such lesser amount as the Surgeon General determines to be appropriate; except that in no event may such amount exceed 50 per centum of the necessary cost of the construction of such facility, as determined by him, or in the case of a multipurpose facility, 50 per centum of that part of the necessary cost of construction which the Surgeon General determines to be proportionate to the contemplated use of the facility for research in the sciences related to health, or for teaching.

"(2) Where a medical, dental, or public health school gives satisfactory assurances that the freshman enrollment will be increased by 5 per centum of the 1957-1958 freshman enrollment, the grant may be made in an amount not to exceed 66% per centum of the cost of construction.

"(b) Upon approval of any application for a grant under this title, the Surgeon General shall reserve, from any appropriation available therefor, the amount of such grant as determined under subsection (a), and shall pay such amount, in advance or by way of reimbursement, and in such installments consistent with construction progress, as he may determine. Such payments shall be made through the disbursement facilities of the Department of the Treasury. The Surgeon General's reservation of any amount under this section may be amended

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