81 Stat. 529. 77 Stat. 286. 42 USC 2671-2677. second year thereafter, and 30 per centum of such costs for the third year thereafter. "(c) In making such grants, the Secretary shall take into account the relative needs of the several States for services for the mentally retarded, their relative financial needs, and their populations. "APPLICATIONS AND CONDITIONS FOR APPROVAL "SEC. 142. (a) Grants under this part with respect to any facility for the mentally retarded may be made only upon application, and only if "(1) the applicant is a public or nonprofit private agency or organization which owns or operates the facility; "(2)(A) a grant was made under part C of this title to assist in financing the construction of the facility or (B) the type of service to be provided as part of such program with the aid of a grant under this part was not previously being provided by the facility with respect to which such application is made; (3) the Secretary determines that there is satisfactory assurance that Federal funds made available under this part for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds for mental retardation services that would in the absence of such Federal funds be made available for (or under) the program described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non-Federal funds; and "(4) in the case of an applicant in a State which has in existence a State plan relating to the provision of services for the mentally retarded, the services to be provided by the facility are consistent with the plan. "(b) No grant may be made under this part after June 30. 1972, with respect to any facility for the mentally retarded or with respect to any type of service provided by such a facility unless a grant with respect thereto was made under this part prior to July 1, 1970. "PAYMENTS "SEC. 143. Payment of grants under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and on such terms and conditions and in such installments, as the Secretary may determine. "REGULATIONS "SEC. 144. The Secretary shall prescribe general regulations concerning the eligibility of facilities under this part, determination of eligible costs with respect to which grants may be made, and the terms and conditions (including those specified in section 142) for approving applications under this part. "AUTHORIZATION OF APPROPRIATIONS "SEC. 145. There are authorized to be appropriated $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $14,000,000 for the fiscal year ending June 30, 1970, to enable the Secretary to make initial grants to facilities for the mentally retarded under the provisions of this part. For the fiscal year ending June 30, 1969, and each of the next five years, there are authorized to be appropriated such sums as may be necessary to make 81 Stat. 530. grants to such facilities which have previously received a grant under this part and are eligible for such a grant for the year for which sums are being appropriated under this sentence." SEC. 5. Paragraph (7) of section 134 of the Mental Retardation Facilities Construction Act (42 U.S.C. 2674), is amended by inserting before the semicolon at the end thereof "and, 77 Stat. 288. effective July 1, 1969, provide for enforcement of such standards with respect to projects approved by the Secretary under this part after June 30, 1967". EDUCATION OF HANDICAPPED CHILDREN SEC. 6. Section 7 of the Act of September 6, 1958 (20 U.S.C. 617), is amended by striking out "and" before "$37,500,000", 79 Stat. 430. and by inserting ", and $55,000,000 for the fiscal year ending June 30, 1970", after "June 30, 1969". SEC. 7. The Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 is amended by adding at the end thereof the following: "TITLE V-TRAINING OF PHYSICAL EDUCATORS "GRANTS; AUTHORIZATION OF APPROPRIATIONS 77 Stat. 282. "SEC. 501. (a) The Secretary is authorized to make grants to public and other nonprofit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as 72 Stat. 1777; physical educators or recreation personnel for mentally retarded 77 Stat. 294. and other handicapped children (as defined in the first section of the Act of September 6, 1958 (20 U.S.C. 611)) or as supervisors of such personnel, or engaged or preparing to engage in research or teaching in fields related to the physical education or recreation of such children. "(b) For the purpose of making the grants authorized under subsection (a), there is authorized to be appropriated for the fiscal year ending June 30, 1968, $1,000,000; for the fiscal year ending June 30, 1969, $2,000,000; and for the fiscal year ending June 30, 1970, $3,000,000. Any sums appropriated for any such fiscal year and not obligated before the end thereof shall remain available for the succeeding fiscal year for the purpose for which appropriated. 91-165 0-68-pt. 1 Appropriation. Appropriation. 81 Stat. 531. Compensation, travel expenses. 80 Stat. 499. "RESEARCH AND DEMONSTRATION PROJECTS IN PHYSICAL EDUCATION AND RECREATION FOR MENTALLY RETARDED AND OTHER HANDICAPPED CHILDREN "SEC. 502. (a)(1) There is authorized to be appropriated for the fiscal year ending June 30, 1968, $1,000,000, and for each of the two succeeding fiscal years, $1,500,000, to enable the Secretary to make grants to States, State or local educational agencies, public and nonprofit private institutions of higher learning, and other public or nonprofit private educational or research agencies and organizations, for research or demonstration projects relating to physical education or recreation for mentally retarded and other handicapped children (as defined in the first section of the Act of Spetember 6, 1958 (20 U.S.C. 611)). "(2) Grants under paragraph (1) shall be made in installments, in advance or by way of reimbursement, and on such conditions as the Secretary may determine. "(b) The Secretary shall from time to time appoint panels of experts who are competent to evaluate various types of research or demonstration projects under this section, and shall secure the advice and recommendations of one such panel before making any grant under this section. "ADVISORY COMMITTEE "SEC. 503. (a) (1) The Secretary shall appoint an advisory committee which shall consist of seven members to advise him on matters of general policy relating to the administration of this title. Three members of such committee shall be individuals from the field of physical education, two members thereof shall be individuals from the field of recreation, and two members thereof shall be individuals with experience or special interest in the education of the mentally retarded or other handicapped children. "(2) The Secretary shall, from time to time, designate one of the members of such committee to serve as the chairman thereof. "(b) Members of the advisory committee and members of any panel appointed pursuant to section 502(b), who are not regular full-time employees of the United States, shall, while serving on the business of such committee or such panel, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently." 9. PARTNERSHIP FOR HEALTH AMENDMENTS OF 1967 (Public Law 90-174, approved December 5, 1967) A. LEGISLATIVE HISTORY H.R. 6418, the Partnership for Health Amendments of 1967, was introduced on March 1, 1967, by Representative Harley O. Staggers, of West Virginia. The bill was referred to the Committee on Interstate and Foreign Commerce. Hearings on this bill were held before the Committee on Interstate and Foreign Commerce on May 2, 3, 4, and June 20, 22, 1967. On August 3, 1967, the bill was reported in the House (H. Rept. 538). On September 20, 1967, the House passed the bill. In the Senate, hearings on Partnership for Health Amendments were held before the Subcommittee on Health of the Committee on Labor and Public Welfare on September 25 and 26, 1967. H.R. 6418 was reported in the Senate, from the Committee on Labor and Public Welfare, on November 4, 1967 (S. Rept. 724). The Senate passed the bill, amended, on November 6, 1967. On November 7, 1967, the House asked for a conference. On November 9, 1967, the Senate agreed to a conference. The conference report was filed on November 20, 1967 (H. Rept. 974). The House and Senate both agreed to the conference report on November 21, 1967. The Act was approved on December 5, 1967, and became Public Law 90-174. B. DIGEST OF THE ACT Education and training and educational institutions are variously involved in Public Law 90-174. Following is a summary of the act. The act increases the authorized appropriations for grants for comprehensive health planning and public health services under the Public Health Service Act. It provides for assisting each health care facility in the participating States to develop a program for capital expenditures for replacement, modernization, and expansion consistent with the overall State plan. It authorizes the Secretary of Health, Education, and Welfare to make grants and contracts for projects for the conduct of research, experiments, or demonstrations relating to the development, utilization, quality, organization, and financing of services, facilities, and resources of hospitals, long-term facilities, or other medical facilities, agencies, institutions, or organizations or to the development of new methods or the improvement of existing methods of organization, delivery, or financing health facilities and services. The act provides guidelines for this program. It authorizes the Secretary to accept volunteer and uncompensated services for use in the operation of any health care facility or in the provision of health care. The act authorizes the Secretary to enter into agreements providing for cooperative planning between the Public Health Service and communities to cope with health problems resulting from disasters or other health emergencies of such nature as warrant Federal assistance. It authorizes the Secretary to enter into agreements and arrangements with schools of medicine or health, hospitals, and other health Partnership for care facilities for the mutual use and interchange of facilities, resources and services. It authorizes the Secretary to provide medical, surgical, dental treatment, hospitalization, and optometric care for Federal employees and their dependents at remote medical facilities of the Public Health Service where other medical care and treatment are not available. It requires payment for this care and treatment when its users are not entitled to it under any other provision of law. The act authorizes the Secretary to make loans to organizations carrying out projects of application of novel means for the reduction of hospital costs when such organizations are confronted with construction costs which have increased substantially through no fault of their own. It requires clinical laboratories which deal with the health of man to obtain a license to operate if they intend to operate in interstate commerce. It provides that the license be issued under standards found necessary by the Secretary to carry out the purpose of this act. It provides standards for revoking, limiting, or suspending licenses, and gives an aggrieved party a right to a hearing and judicial review. It makes it a misdemeanor to violate this act and provides for a fine of up to $1,000 and/or imprisonment for not more than 1 year for each violation. The act directs the Secretary to conduct a 6-month comprehensive survey of serious hunger, malnutrition, and health problems related thereto in the United States. It authorizes the expenditure of $20,000,000 a year for fiscal years 1968 and 1969 for the eradication of rats as part of the public health program. Health Amendments of 1967. Health planning C. TEXT OF THE ACT Following is the text of Public Law 90-174, which variously involves education and training and public or nonprofit private agencies, including educational institutions. AN ACT To amend the Public Health Service Act to extend and expand the authorizations for grants for comprehensive health planning and services, to broaden and improve the authorization for research and demonstrations relating to the delivery of health services, to improve the performance of clinical laboratories, and to authorize cooperative activities between the Public Health Service hospitals and community 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 "Partnership for Health Amendments of 1967". GRANTS FOR COMPREHENSIVE HEALTH PLANNING AND PUBLIC SEC. 2. (a) (1) Subsection (a)(1) of section 314 of the Public Health Service Act (42 U.S.C. 246, as amended by section 3 of the Comprehensive Health Planning and Public Health Services Amendments of 1966, Public Law 89-749) is amended (1) by striking out "1968" the first time it appears and inserting in |