(2) The amount of any scholarship grant under this subpart to any individual for any full academic year shall not exceed $5,000. (3) The Secretary shall, in awarding scholarship grants under this subpart, accord priority to applicants as follows (A) first, to any applicant who (i) is from a low-income background (as determined under regulations of the Secretary), (ii) resides in a physician shortage area, and (iii) agrees that, upon completion of his professional training, he will return to such area and will engage in such area in the practice of primary care; (B) second, to any applicant who meets all the criteria set forth in subparagraph (A) except that prescribed in clause (i); (C) third, to any applicant who meets the criterion set forth in clause (i); and (D) fourth, to any other applicant. (c) Conditions; recovery upon breach of conditions; accrued interest; cancellation of liability for repayment; waiver or suspension of obligation. (1) Any scholarship grant awarded to any individual under this subpart shall be awarded upon the condition that such individual will, upon completion of his professional training, engage in the practice of primary care (A) in the case of any individual who, in applying for a scholarship grant under this subpart, met the criteria set forth in subparagraph (A) or (B) of subsection (b) (3) of this section, in the physician shortage area in which he agreed (pursuant to such subparagraph) to engage in such practice; and (B) in the case of any individual who did not agree (pursuant to such subparagraph (A) or (B)) to engage in such practice in any particular physician shortage area (or who is not, under a waiver under paragraph (4) of this subsection, required to engage in such practice in any particular physician shortage area) — (i) in any physician shortage area, or (ii) at such place or places, in such facility or facilities, and in such manner, as may be necessary to assure that, of the patients receiving medical care provided by such individual, a substantial portion will consist of persons who are migratory agricultural workers or are members of the families of such workers; for a twelve-month period for each full academic year with respect to which he receives such a scholarship grant. For purposes of the preceding sentence, any individual, who has received a scholarship grant under this subpart for four full academic years, shall be deemed to have received such a grant for only three full academic years if such individual serves all of his internship or residency in a public or private hospital, which is located in a physician shortage area, or a substantial portion of the patients of which consists of persons who are migratory agricultural workers (or are members of the families of such workers) and, if, while so serving, such individual receives training or professional experience designed to prepare him to engage in the practice of primary care. (2) The condition imposed by paragraph (1) shall be complied with by any individual to whom it ap plies within such reasonable period of time, after the completion of such individual's professional training, as the Secretary shall by regulations prescribe. (3) If any individual to whom the condition referred to in paragraph (1) is applicable fails, within the period prescribed pursuant to regulations under paragraph (2), to comply with such condition for the full number of months with respect to which such condition is applicable, the United States shall be entitled to recover from such individual an amount equal to the amount produced by multiplying (A) the aggregate of (i) the amounts of the scholarship grant or grants (as the case may be) made to such individual under this subpart, and (ii) the sums of the interest which would be payable on each such scholarship grant if, at the time such grant was made, such grant were a loan bearing interest at a rate fixed by the Secretary of the Treasury, after taking into consideration private consumer rates of interest prevailing at the time such grant was made, and if the interest one each such grant had been compounded annually, by (B) a fraction the numerator of which is the number obtained by subtracting from the number of months to which such condition is applicable a number equal to one-half of the number of months with respect to which compliance by such individual with such condition was made, and the denominator of which is a number equal to the number of months with respect to which such condition is applicable. Any amount which the United States is entitled to recover under this paragraph 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. Until any amount due the United States under this paragraph on account of any grant under this subpart is paid, there shall accrue to the United States interest on such amount at the same rate as that fixed by the Secretary of the Treasury pursuant to clause (A) with respect to the grant on account of which such amount is due the United States. (4) (A) Any obligation of any individual to comply with the condition applicable to him under the preceding provisions of this subsection shall be canceled upon the death of such individual. (B) The Secretary shall by regulations provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve extreme hardship to such individual and if enforcement of such obligation with respect to any individual would be against equity and good conscience. (July 1, 1944, ch. 373, title VII, § 784, as added Nov. 18, 1971, Pub. L. 92-157, title I, § 106 (c), 85 Stat. 455.) § 295g-22. Administration; contractual arrangements. The Secretary may enter into agreements with schools of medicine, hospitals, or other appropriate public or nonprofit private agencies under which such schools, hospitals, or other agencies will, as agents of the Secretary, perform such functions in the administration of this subpart, as the Secretary may specify. Any such agreement with any school, hospital, or other agency may provide for payment by the Secretary of amounts equal to the expenses actually and necessarily incurred by such school, hospital, or other agency in carrying out such agreement. (July 1, 1944, ch. 373, title VII, § 785, as added Nov. 18, 1971, Pub. L. 92-157, title I, § 106(c), 85 Stat. 457.) CODIFICATION Another section 785 of act July 1, 1944, ch. 373, title VII, relating to scholarship grants for study abroad under program for scholarships by Secretary to citizens of United States who are full-time students in schools of medicine located outside the United States, was enacted by section 106(b)(6) of Pub. L. 92-157 and is classified to section 295g-11 of this title. § 295g-23. Authorization of appropriations. For the purpose of making scholarship grants under this subpart, there are authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1972, $3,000,000 for the fiscal year ending June 30, 1973, and $3,500,000 for the fiscal year ending June 30, 1974. For the fiscal year ending June 30, 1975, and for each succeeding fiscal year, there are authorized to be appropriated such sums as may be necessary to continue to make such grants to students who (prior to July 1, 1974) have received such a grant and who are eligible for such a grant under this part during such succeeding fiscal year. (July 1, 1944, ch. 373, title VII, § 786, as added Nov. 18, 1971, Pub. L. 92-157, title I, § 106 (c), 85 Stat. 457.) PART G.-TRAINING IN THE ALLIED HEALTH PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 293e of this title. § 295h. Grants for construction of teaching facilities of allied health professions personnel. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 295h-1, 295h-4 of this title. § 295h-1. Grants to improve the quality of training centers for allied health professions. (b) Special improvement grants. There are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1971, $20,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, and $20,000,000 for the fiscal year ending June 30, 1974, for special improvement grants to assist training centers for allied health professions in projects for the provision, maintenance, or improvement of the specialized functions which the center serves. (c) Special projects for experimentation, demonstration, and institutional improvement. (1) There are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1971, $20,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, and $18,245,000 for the fiscal year ending June 30, 1974, for grants and contracts for special projects under this subsection. (As amended June 18, 1973, Pub. L. 93-45, title I, § 109 (a), (b), 87 Stat. 93.) AMENDMENTS 1973-Subsec. (b). Pub. L. 93-45, § 109 (a), authorized appropriations of $20,000,000 for fiscal year ending June 30, 1974. Subsec. (c) (1). Pub. L. 93-45, § 109 (b), authorized appropriations of $18,245,000 for fiscal year ending June 30, 1974. § 295h-2. Traineeships for advanced training of allied health professions personnel. (a) There are authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1967; $2,500,000 for the fiscal year ending Jure 30, 1968; $3,500,000 for the fiscal year ending June 30, 1969; $5,000,000 for the fiscal year ending June 30, 1970; $8,000,000 for the fiscal year ending June 30, 1971; $10,000,000 for the fiscal year ending June 30, 1972; $12,000,000 for the fiscal year ending June 30, 1973, and $6,000,000 for the fiscal year ending June 30, 1974, to cover the cost of traineeships for the training of allied health professions personnel to teach health services technicians or in any of the allied health professions, to serve in any of such professions in adminitrative or supervisory capacities, or to serve in allied health professions specialties determined by the Surgeon General to require advanced training. (As amended Nov. 18, 1971, Pub. L. 92-157, title III, § 301 (e), 85 Stat. 464.) AMENDMENTS 1971-Subsec. (a) (2) (D). Pub. L. 92-157 struck out following "section 424 of Title 20" the words "or pursuant to part B of the title IV of the Higher Education Act of 1965". § 295h-4. Definitions. For purposes of this part (1) The term "training center for allied health professions" means a junior college, college, or university (C) which, if in a college or university which does not include a teaching hospital or in a junior college, is affiliated (to the extent and in the manner determined in accordance with regulations) with such a hospital, and (D) which is (or is in a college or university, which is) accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education, or which is in a junior college which is accredited by the regional accrediting agency for the region in which it is located or there is satisfactory assurance afforded by such accrediting agency to the Surgeon General that reasonable progress is being made toward accreditation by such junior college, except that an applicant for a grant for a construction project under section 295h of this title which does not at the time of application meet the requirement of clause (B) shall be deemed to meet such requirement if the Surgeon General finds there is reasonable assurance that the unit will meet the requirement of clause (B) prior to the beginning of the academic year following the normal graduation date of the first entering class in such unit, or, if later, upon completion of the project for which assistance is requested and other projects (if any) under construction or planned and to be commenced within a reasonable time. (As amended Nov. 18, 1971, Pub. L. 92-157, title III, § 301(f), 85 Stat. 464.) AMENDMENTS 1971-Par. (1) (E). Pub. L. 92-157 struck out cl. (E) inclusion in definition of "training center for allied health professions" a junior college, college, or university, in the case of an applicant for grant under section 295h-2 of this title, which, if the college or university did not include a school of medicine, school of osteopathy, school of optometry, or school of dentistry, as defined in section 293d (4) of this title, as might be appropriate in light of training for which the grant was to be made, was affiliated (to extent and in manner determined in accordance with regulations) with such a school. PART H.-GENERAL PROVISIONS AMENDMENTS 1971-Pub. L. 92-157, title I, § 110(1), Nov. 18, 1971, 85 Stat. 461, added the heading of Part H. § 295h-8. Advance funding. Any appropriation Act which appropriates funds for any fiscal year for grants, contracts, or other payments under this subchapter, section 242d, or section 242g of this title may also appropriate for the next fiscal year the funds that are authorized to be appropriated for such payments for such next fiscal year; but no funds may be made available therefrom for obligation for such payments before the fiscal year for which such funds are authorized to be appropriated. (As amended Nov. 18, 1971, Pub. L. 92157, title I, § 109, 85 Stat. 461.) AMENDMENTS 1971-Pub. L. 92-157 substituted "this subchapter, section 242d, or section 242g of this title" for "this part". STUDY OF FEDERAL HEALTH FACILITIES CONSTRUCTION COSTS; REPORT TO CONGRESS Pub. L. 92-157, title II, § 204, Nov. 18, 1971, 85 Stat. 462, provided that: "The Comptroller General shall conduct a study of health facilities construction costs. Such study shall include consideration of the feasibility of reducing the cost of constructing health facilities constructed with assistance provided under the Public Health Service Act [this chapter], particularly with respect to innovative techniques, new materials, and the possible waiver of unnecessary costly Federal standards. The study shall be completed, and a report shall be submitted to the Congress, within one year after the date of enactment of this Act [Nov. 18, 1971]." STUDY OF COSTS OF EDUCATING STUDENTS OF VARIOUS HEALTH "(a) (1) The Secretary of Health, Education, and Welfare (hereinafter in this section referred to as 'Secretary') shall arrange for the conduct of a study or studies to determine the national average annual per student educational cost of schools of medicine, osteopathy, dentistry, optometry, pharmacy, podiatry, veterinary medicine, and nursing in providing education programs which lead, respectively to a degree of doctor of medicine, a degree of doctor of osteopathy, a degree of doctor of dentistry (or an equivalent degree), a degree of doctor of optometry (or an equivalent degree), a degree of bachelor of science in pharmacy (or an equivalent degree), a degree of doctor of podiatry (or an equivalent degree), a degree of doctor of veterinary medicine (or an equivalent degree), a certificate of degree or other appropriate evidence of completion of a course of training for physicians assistants or dental therapists, or a certificate or degree certifying completion of nurse training. "(2) Such studies shall be completed and an interim report thereon submitted not later than March 30, 1973, and a final report not later than January 1, 1974, to the Secretary, the Committee on Labor and Public Welfare of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives. "(3) Such studies shall develop methodologies for ascertaining the national average annual per student educational costs and shall, on such basis, determine such costs for school years 1971-1972, 1972-1973, and the estimated costs for school year 1973-1974 in the respective disciplines. The study shall also indicate the extent of variation among schools within the respective disciplines in their annual per student educational costs and the key factors affecting this variation. The studies shall employ the most recent data available from the health professional schools in the country at the time of the study. "(4) Such studies shall also describe national uniform standards for determining annual per student educational costs for each health professional school in future years and estimates of the cost to such schools of reporting according to these uniform standards. "(5) The report shall also include recommendations concerning how the Federal Government can utilize educational cost per student data to determine the amount of capitation grants under the Public Health Service Act (see section 295f of this title] to each health professional school. "(b) (1) The Secretary shall request the National Academy of Sciences to conduct such studies under an arrangement under which the actual expenses incurred by such Academy in conducting such studies will be paid by the Secretary. If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such studies. "(2) If the National Academy of Sciences is unwilling to conduct one or more of such studies under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such studies and prepare and submit the reports thereon as provided in susbection (a) (2).” REPORTS TO CONGRESS ON ADMINISTRATION OF SUBCHAPTER V (OTHER THAN PARTS A AND G) Pub. L. 92-157, title II, § 206, Nov. 18, 1971, 85 Stat. 463, provided that: "The Secretary shall prepare and submit to the Congress, prior to June 30, 1974, a final report on the administration of title VII [this subchapter] (other than parts A and G thereof) of the Public Health Service Act which shall include an estimate of increases in the number of persons entering the health professions effected under such title [this subchapter] prior to the enactment of this Act [Nov. 18, 1971]; an estimate of such increases effected in consequence of the enactment of this Act [Pub. L. 92-157]; on estimate of the numbers of practitioners of such professions in relation to the need of the public therefor; and an appraisal of title VII [this subchapter] (other than parts A and G thereof), as amended by this Act, to meet long-term national needs for health professionals. The Secretary shall submit to the Congress a first interim report prior to June 30, 1973, and a second interim report prior to January 31, 1974, describing his preliminary findings in the preparation of his final report." § 295h-9. Discrimination on basis of sex prohibited. The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, or public health or any training center for allied health personnel unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the school or training center will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this subchapter with any such school or training center unless the school or training center furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs. (As amended Nov. 18. 1971, Pub. L. 92-157, title I, § 110(2), 85 Stat. 461.) AMENDMENTS 1971-Pub. L. 92-157 substituted provisions prohibiting discrimination on basis of sex for provisions respecting submission, prior to July 1, 1971, of a licensure report identifying major problems associated with licensure, certification, and other qualifications for practice or employment of health personnel, including recommendations for steps to be taken toward the solution of the problems. SUBCHAPTER VI.-NURSE TRAINING This subchapter is referred to in sections 2421, 300d-5 of this title; title 38 section 5070. PART A.-GRANTS FOR EXPANSION AND IMPROVEMENT OF NURSE TRAINING § 296. Authorization of appropriations for construction grants. There are authorized to be appropriated for grants to assist in the construction of new facilities for collegiate, associate degree, or diploma schools of nursing, and for grants to assist in the replacement or rehabilitation of existing facilities for such schools, $35,000,000 for the fiscal year ending June 30, 1972, $40,000,000 for the fiscal year ending June 30, 1973, and $45,000,000 for the fiscal year ending June 30, 1974. (As amended Nov. 18, 1971, Pub. L. 92-158, § 2(a), 85 Stat. 465.) AMENDMENTS 1971-Pub. L. 92-158 designated subsec. (a) as entire section, and as so designated substituted "and for grants to assist in the" for "or" preceding "replacement", substituted authorization of appropriations of $35,000,000, $40,000,000, and $45,000,000, for the fiscal years ending June 30, 1972, 1973, and 1974, respectively, for authorization of appropriations of $25,000,000, and $35,000,000, for the fiscal years ending June 30, 1970, and 1971, respectively, and deleted subsec. (b) which provided that sums appropriated pursuant to former subsec. (a) of this section for a fiscal year were to remain available for obligation through the close of the next fiscal year. SHORT TITLE Section 1(a) of Pub. L. 92-158 provided that: "This Act [enacting sections 296h, 2961, 2971, 298b-1 and 298b-2 of this title, amending this section and sections 296a, 296b, 296c, 296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 2971, 298, 298b, 298c and 298c-7 of this title and enacting provisions set out as notes under this section and sections 296a, 296d, 296e, 297b and 298c of this title] may be cited as the 'Nurse Training Act of 1971'." REPORT TO CONGRESS CONCERNING THE ADMINISTRATION AND IMPACT OF THIS SUBCHAPTER ON NURSE MANPOWER IN THE UNITED STATES Section 12 of Pub. L. 92-158 provided that: "The Secretary shall prepare and submit to the Congress, prior to June 30, 1974, a final report on the administration of title VIII of the Public Health Service Act [this subchapter] which shall include an estimate of the increase in the number of persons entering the nursing profession effected under such title prior to the enactment of this Act [the Nurse Training Act of 1971, Pub. L. 92-158, Nov. 18, 1971. 85 Stat. 465]; an estimate of such increase effected in consequence of the enactment of this Act; an estimate of the number of nurses in relation to the need of the public therefor; and an appraisal of title VIII, as amended by this Act [see Short Title note set out under this section], to meet long-term national needs for nurses. The Secretary shall submit to the Congress a first interim report prior to June 30, 1973, and a second interim report prior to January 31, 1974, describing his preliminary findings in the preparation of his final report." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 296h of this title. § 296a. Time of submission and approval of applications for construction grants; determinations; considerations. (a) The Secretary may from time to time set dates (not earlier than in the fiscal year preceding the year for which a grant is sought) by which applications for grants under this part for any fiscal year must be filed. (b) A grant for a construction project under this part may be made only if the application therefor is approved by the Secretary upon his determination that (2) the application contains or is supported by reasonable assurances that (A) for not less than twenty years (or in the case of interim facilities, within such shorter period as the Secretary shall by regulation prescribe) after completion of construction, the facility will be used for the purposes of the training for which it is to be constructed, and will not be used for sectarian instruction or as a place for religious worship, (B) sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, (C) sufficient funds will be available, when construction is completed, for effective use of the facility for the training for which it is being constructed and (D) in the case of an application for a grant for construction to expand the training capacity of a school of nursing, the first-year enrollment at such school during the first full school year after the completion of the construction and for each of the nine years thereafter will exceed the highest first-year enrollment at such school for any of the five full school years preceding the year in which the application is made by at least 5 per centum of such highest first-year enrollment, or by five students, whichever is greater, and the requirements of this clause (D) shall be in addition to the requirements of subsection (e) of section 296e of this title, where applicable; (3) (A) in the case of an application for a grant for construction of a new facility, such application is for aid in the construction of a new school of nursing, or construction which will expand the training capacity of an existing school of nursing, or (B) in the case of an application for a grant to assist in the replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities of, or used by, an existing school of nursing, which facilities either are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided or are required to meet an increase in student enrollment; Before approving or disapproving an application for a construction project under this part, the Secretary shall secure the advice of the National Advisory Council on Nurse Training established by section 298 of this title (hereinafter in this part referred to as the "council"). If a school of nursing applies for a grant in a fiscal year for a construction project to expand its training capacity and if under paragraph (2) of subsection (e) of section 296e of this title such school is not required to meet in such fiscal year the enrollment increase prescribed by such subsection because of limitations of physical facilities, the Secretary, after consultation with the National Advisory Council on Nurse Training, may waive (in whole or in part) the enrollment increase prescribed by paragraph (2) (D) of this subsection if the application for such construction project contains or is supported by reasonable assurances satisfactory to the Secretary that the number of first-year students enrolled at such school during the first full school year after the completion of such project and for each of the next nine school years thereafter will be not less than the number of first-year students that such school would be required to enroll under subsection (e) of section 296e of this title (without regard to paragraph (2) thereof) for a grant under subsection (a) of section 296e of this title. (c) In considering applications for grants, the Council and the Secretary shall take into account * (As amended Nov. 18, 1971, Pub. L. 92-158, §§ 2(d) (3), (e), (f), 13, 85 Stat. 468, 480.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92–158, § 2(e) (1), substituted "The Secretary may from time to time set dates (not earlier than in the fiscal year preceding the year for which a grant is sought) by which applications for grants under this part for any fiscal year must be filed" for "No application for a grant for a construction project under this part may be approved unless submitted to the Surgeon General prior to July 1, 1970". Subsec. (b). Pub. L. 92-158, §§ 2(d) (3), (e) (2), (f) (2), 13, in par. (2) (A), set time limit for use of facility as nonsectarian training facility, in the case of interim facilities, as a shorter period than 20 years as the Secretary prescribes, in par. (2) (D), added "and the requirements of this clause (D) shall be in addition to the requirements of subsection (e) of section 296e of this title, where applicable", in par. (3) (B), substituted "to assist in the" for "for" preceding "replacement", included within this clause facilities used by, as well as, facilities of, an existing school of nursing and added as a criteria of application approval a need for replacement or rehabilitation of facilities necessary to meet a required increase in student enrollment, added at the end of this subsec. a provision permitting the waiver by the Secretary, after consultation with the National Advisory Council on Nurse Training, of enrollment increase provisions of par. (2) (D) of this subsec. if school is not required to meet, in the fiscal year of application, the enrollment increase prescribed by section 296e (e) of this title because of limitations of facilities, if application contains satisfactory assurances that enrollment of first year students enrolled during the first full school year after completion of the project and for each of the next 9 school years thereafter would conform to enrollment requirements under section 296e (e) of this title, without regard to par. (2) thereof, for a grant under subsec. (a) of such section, and substituted "Secretary" for "Surgeon General" in two places within this subsec. Subsec. (c). Pub. L. 92-158, § 13, substituted "Secretary" for "Surgeon General". EFFECTIVE DATE OF 1971 AMENDMENT Section 2(f) (1) of Pub. L. 92-158 provided in part that the amendment to subsec. (b) (2) (D) of this section by section 2(f) (1) of Pub. L. 92-158 shall be effective in the case of grants made after Nov. 18, 1971. § 296b. Amount of construction grant; determination; reservation of funds; payments. (a) The amount of any grant for a construction project under this part shall be such amount as the Secretary determines to be appropriate after obtaining the advice of the Council; except that (A) in the case of a grant (i) for a project for a new school, (ii) for a project for new facilities for an existing school in cases where such facilities are of particular importance in providing a major expansion of training capacity, as determined in accordance with regulations, and (iii) for a project for major remodeling or renovation of an existing facility where such project is required to meet an increase in student enrollment, such amount may not exceed 75 per centum of the necessary cost of construction, as determined by the Secretary, of such project; and (B) in the case of any other grant, such amount may not, except |