(4) the application contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 276c of Title 40.

(d) Conditional approval.

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) of this section) fail to meet the requirements for approval set forth in subsection (c) of this section 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) Matters considered.

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, or research and related purposes, in the sciences related to health, in improving the quality of such research or related purposes, and in promoting an equitable geographical distribution of such research (giving due consideration to population, available scientific research workers, and available research resources in various areas of the Nation). (July 1, 1944, ch. 373, title VII, § 705, as added July 30, 1956, ch. 779, § 2, 70 Stat. 718, and amended Aug. 27, 1958, Pub. L. 85-777, § 1(b), 72 Stat. 933; Oct. 5, 1961, Pub. L. 87-395, § 8 (b), (d), 75 Stat. 827; Oct. 17, 1962, Pub. L. 87-838, § 4(b), 76 Stat. 1074; Sept. 24, 1963, Pub. L. 88-129, §§ 2(a), 3(a), 77 Stat. 164, 173; Aug. 9, 1965, Pub. L. 89-115, § 2(b), 79 Stat. 448; Aug. 16, 1968, Pub. L. 90-490, title IV, § 401(b), 82 Stat. 789.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (c) (4), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

The Reorganization Plan Numbered 14 of 1950 (15 FR. 3176; 64 Stat. 1267), referred to in subsec. (c) (4). is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-490 substituted "1970" for "1968".

1965 Subsec. (a). Pub. L. 89-115 substituted "1968" for "1965".

1963 Subsecs. (a), (b). Pub. L. 88-129, § 2(a), substituted "part" for "subchapter" wherever appearing. Subsec. (c). Pub. L. 88-129, §§ 2(a), 3(a), substituted "part" for "subchapter" in the introductory provision and added par. (4), respectively.

1962 Subsec. (a). Pub. L. 87-838 substituted "1965" for "1962."

1961-Subsec. (a). Pub. L. 87-395, § 8(b), substituted "1962" for “1961".

Subsec. (c) (2). Pub. L. 87-395, § 8(d), inserted ", or research and related purposes," after "research" wherever appearing.

Subsec. (e). Pub. L. 87-395, § 8(d), inserted ", or research and related purposes," after "research" the first time it appears and "or related purposes" after "research" the second time it appears.

1958-Subsec. (a). Pub. L. 85-777 substituted "1961" for "1958".

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 292e. Amount of grant. (a) Maximum.

(1) The amount of any grant made under this part shall be that recommended by the Council or such lesser amount as the Surgeon General determines to be appropriate; but such amount may not, except as provided in paragraph (2), exceed 50 per centum of the necessary cost of the construction of such facility, as determined by him, in the case of a facility which the Surgeon General determines to be used for research, or research and purposes related thereto (including research training), in the sciences related to health or, in the case of any other 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, or research and related purposes, in the sciences related to health.

(2) The maximum amount of any grant shall be 66% per centum instead of the maximum under paragraph (1) in the case of any class or classes of projects which the Secretary determines have such special national or regional significance as to warrant a larger grant than is permitted under paragraph (1); but not more than 25 per centum of the funds appropriated pursuant to section 292c of this title for any fiscal year shall be available for grants in excess of 50 per centum with respect to such class or classes of projects.

(b) Reservation of amount of grants; manner of payments.

Upon approval of any application for a grant under this part, the Surgeon General shall reserve, from any appropriation available therefor, the amount of such grant as determined under subsection (a) of this section, 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 by him, either upon approval of an amendment of the application or upon revision of the estimated cost of construction of the facility. (c) Exclusion of amounts granted by certain other funds.

In determining the amount of any grant under this part, there shall be excluded from the cost

of construction an amount equal to the sum of (1) the amount of any other Federal grant which the applicant has obtained, or is assured of obtaining, with respect to the construction which is to be financed in part by grants authorized under this part, and (2) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant. (July 1, 1944, ch. 373, title VII, § 706, as added July 30, 1956, ch. 799, § 2, 70 Stat. 719, and amended Oct. 5, 1961, Pub. L. 87-395, § 8(c), (d), 75 Stat. 827; Sept. 24, 1963, Pub. L. 88-129, § 2 (a), 77 Stat. 164; Aug. 16, 1968, Pub. L. 90-490, title IV, § 402, 82 Stat. 789.)

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-490 substituted "but such amount may not, except as provided in paragraph (2), exceed 50 per centum" for "except that in no event may such amount exceed 50 per centum", and designated existing provisions as amended as par. (1) and added par. (2), respectively.

1963-Pub. L. 88-129 substituted "part" for "subchapter" wherever appearing.

1961-Subsec. (a). Pub. L. 87-395 substituted "in the case of a facility which the Surgeon General determines is to be used for research, or research and purposes related thereto (including research training), in the sciences related to health or, in the case of any other multipurpose facility," for ", or in the case of a multipurpose facility" and "facility for research, or research and related purposes" for "facility for research."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 404 of Pub. L. 90-490 provided that: "The amendments made by section 402 [to subsec. (a) of this section] shall apply in the case of projects for which grants are made from appropriations for fiscal years ending after June 30, 1969."

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 to 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 292f. Recapture of payments.

If, within ten years after completion of any construction for which funds have been paid under this part

(a) the applicant or other owner of the facility shall cease to be a public or nonprofit institution,

or

(b) the facility shall cease to be used for the research purposes, or research and related purposes, for which it was constructed, unless the Surgeon General determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so.

the United States shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States District Court for the district in which such facility is situated) of the facility, as the amount of the Federal participation bore to the cost of construction of such facility. (July 1, 1944, ch. 373, title VII, § 707, as added July 30, 1956, ch. 779, § 2, 70 Stat. 720, and amended Oct. 5, 1961, Pub. L. 87-395, § 8(d), 75 Stat. 827; Sept. 24, 1963, Pub. L. 88–129, § 2(a), 77 Stat. 164.)

AMENDMENTS

1963-Pub. L. 88-129 substituted "part" for "subchapter" in the introductory phrase.

1961-Subsec. (b). Pub. L. 87-395 inserted ", or research and related purposes" after "research purposes." ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 292g. Noninterference with administration of institutions.

Except as otherwise specifically provided in this part nothing contained in this part shall be construed as authorizing any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirement or condition with respect to, the research or related purposes conducted by, and the .personnel or administration of, any institution. (July 1, 1944, ch. 373, title VII, § 708, as added July 30, 1956, ch. 779, § 2, 70 Stat. 720, and amended Oct. 5, 1961, Pub. L. 87-395, § 8(d), 75 Stat. 827; Sept. 24, 1963, Pub. L. 88-129, § 2(a), 77 Stat. 164.) AMENDMENTS

1963-Pub. L. 88-129 substituted "part" for "subchapter" wherever appearing.

1961-Pub. L. 87-395 inserted "or related purposes" after "research."

§ 292h. Regulations.

(a) Within six months after July 30, 1956, the Surgeon General, after consultation with the Council and with the approval of the Secretary, shall prescribe general regulations covering the eligibility of institutions, and the terms and conditions for approving applications.

(b) The Surgeon General is authorized to make, with the approval of the Secretary, such administrative and other regulations as he finds necessary to carry out the provisions of this part. (July 1, 1944, ch. 373, title VII, § 709, as added July 30, 1956, ch. 779, § 2, 70 Stat. 720, and amended Sept. 24, 1963, Pub. L. 88-129, § 2(a), 77 Stat. 164.)

AMENDMENTS

1963-Pub. L. 88-129 substituted "part" for "subchapter."

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 2921. Reports; contents.

On or before January 15, 1957, and annually thereafter, the Surgeon General, in consultation with the Council, shall prepare an annual report and submit it to the President for transmission to the Congress summarizing the activities under this part and making such recommendations as he may deem appropriate. The report to be submitted on or before January 15, 1958, shall include an appraisal of the current program under this part in the light of its adequacy to meet the long-term needs for funds for the construction of non-Federal facili

ties for research in the sciences related to health. Such reports and appraisals shall include minority views and recommendations, if any, of members of the Council. (July 1, 1944, ch. 373, title VII, § 710, as added July 30, 1956, ch. 779, § 2, 70 Stat. 720, and amended Sept. 24, 1963, Pub. L. 88-129, § 2(a), 77 Stat. 164.)

AMENDMENTS

1963-Pub. L. 88-129 substituted "part" for "subchapter" wherever appearing.

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

§ 292j. Technical assistance.

The Surgeon General is authorized to provide assistance to applicants under this part, and other public or nonprofit institutions engaging or competent to engage in research, or research and related purposes, in the sciences related to health, in designing and planning the construction of facilities for the conduct of such research or research and related purposes. (July 1, 1944, ch. 373, title VII, § 711, as added Sept. 24, 1963, Pub. L. 88-129, § 3(b), 77 Stat. 173.)

CODIFICATION

Section was enacted as a part of the Health Professions Educational Assistance Act of 1963 (see Short Title note under section 293 of this title) and not as a part of the Health Research Facilities Act of 1956 which comprises this part.

ABOLITION OF OFFICE OF SURGEON GENERAL

The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 FR. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

PART B.-GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES FOR MEDICAL, Dental, and OTHER HEALTH PERSONNEL

§ 293. Authorization of appropriations.

There are hereby authorized to be appropriated $480,000,000 for the three fiscal years in the period beginning July 1, 1966, and ending June 30, 1969, of which not more than $160,000,000 may be available for grants before July 1, 1967, and not more than $320,000,000 may be available for grants before July 1, 1968, for

(1) grants to assist in the construction of new teaching facilities for the training of physicians, pharmacists, optometrists, podiatrists, veterinarians, or professional public health personnel;

(2) grants to assist in the construction of new teaching facilities for the training of dentists; and

(3) grants to assist in the replacement or rehabilitation of existing teaching facilities for the training of physicians, pharmacists, optometrists, podiatrists, veterinarians, professional public

health personnel, or dentists. For such grants there are also authorized to be appropriated $170,000,000 for the fiscal year ending June 30, 1970, and $225,000,000 for the next fiscal year. Sums so appropriated for any fiscal year shall

remain available for obligation through the close of the next fiscal year. (July 1, 1944, ch. 373, title VII, § 720, as added Sept. 24, 1963, Pub. L. 88-129, § 2(b), 77 Stat. 164, and amended Sept. 4, 1964, Pub. L. 88-581, § 3(a), 78 Stat. 919; Oct. 22, 1965, Pub. L. 89-290, § 3(a), 79 Stat. 1056; Nov. 2, 1966, Pub. L. 89-709, § 2(a), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, title I, § 101 (a), (b) (1), 82 Stat. 773.)

AMENDMENTS

1968-Pub. L. 90-490 authorized appropriations of $170,000,000 and $225,000,000 for fiscal years ending June 30, 1970, and 1971, respectively, and substituted provisions making appropriations for any fiscal year available for obligations through the close of the next fiscal year for former provisions for availability of appropriations until expended, respectively.

1966-Pub. L. 89-709 included veterinarians in clauses (1) and (3).

1965-Pub. L. 89-290 generally amended this section and, among other changes, extended for 3 fiscal years (fiscal years 1967, 1968, and 1969) the program of grants for construction of teaching facilities for medical, dental, and other health personnel, and authorized the appropriation of $480,000,000 for this 3-year period of which not more than $160,000,000 would be available for grants before July 1, 1967, and not more than $320,000,000 would be available for grants before July 1, 1968.

1964-Pub. L. 88-581 eliminated references to "nurses" to conform to the enactment of subchapter VI of this chapter by Pub. L. 88-581 which relates to nurse training. EFFECTIVE DATE OF 1968 AMENDMENT

Section 101 (b) (2) of Pub. L. 90-490 provided that: "The amendments made by this subsection [as to fiscal year availability of appropriations] shall apply only with respect to appropriations for fiscal years ending after June 30, 1959."

EFFECTIVE DATE OF 1965 AMENDMENT

Section 3(a) of Pub. L. 89-290 provided in part that the amendment of this section by Pub L. 89-290 shall be effective with respect to appropriations for fiscal years beginning after June 30, 1966.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 3(a) of Pub. L. 88-581 provided in part that the amendment to this section by Pub. L. 88-581 shall be effective with respect to appropriations for fiscal years beginning after June 30, 1965.

SHORT TITLE

Section 1 of Pub. L. 89-709 provided: "That this Act [amending this section and sections 293a, 293d, 293e, 294, 294a and 294b of this title] may be cited as the 'Veterinary Medical Education Act of 1966'."

Section 1 of Pub. L. 88-129 provided: "That this Act [which enacted sections 2921, 293-293h, 294-294e and amended sections 292-292b, 292d-2921 of this title] may be cited as the 'Health Professions Educational Assistance Act of 1963'."

ABOLITION OF OFFICE OF SURGEON GENERAL The Office of the Surgeon General was abolished by section 3 of 1966 Reorg. Plan No. 3 eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof were transferred to the Secretary of Health, Education, and Welfare by section 1 of 1966 Reorg. Plan No. 3, set out as a note under section 202 of this title.

STUDY OF SCHOOL AID AND STUDENT AID PROGRAMS Section 131 of Pub. L. 90-490 provided that: "The Secretary shall, in consultation with the Advisory Councils established by sections 725 and 774 [sections 293e and 295f-4 of this title], prepare, and submit to the President and the Congress prior to July 1, 1970, a report on the administration of parts B, C, E, and F of title VII of the Public Health Service Act [parts B, C, E, and F of this subchapter], an appraisal of the programs under such parts in the light of their adequacy to meet the long-term needs for health professionals, and his recommendations as a result thereof."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 293a of this title.

§ 293a. Applications.

(a) Filing dates.

The Surgeon General 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) Eligibility.

(1) To be eligible to apply for a grant to assist in the construction of any facility under this part, the applicant must be (A) a public or other nonprofit school of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or public health and (B) accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education, except that a new school which (by reason of no, or an insufficient period of operation), is not, at the time of application for a grant to construct a facility under this part, eligible for accreditation by such a recognized body or bodies, shall be deemed accredited for purposes of this part if the Commissioner of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the school will meet the accreditation standards of such body or bodies (i) prior to the beginning of the academic year following the normal graduation date of the first entering class in such school or (ii) 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.

(2) Notwithstanding paragraph (1), in the case of an affiliated hospital, an application which is approved by the school of medicine or school of osteopathy with which the hospital is affiliated and which otherwise complies with the requirements of this part may be filed by any public or other nonprofit agency qualified to file an application under section 291h of this title.

(3) In the case of any application, whether filed by a school or, in the case of an affiliated hospital, by any other public or other nonprofit agency, for a grant under this part to assist in the construction of a facility which is a hospital as defined in section 2911 of this title—

(A) if the facility is needed in connection with a new school, only that portion of the project to construct the facility which the Surgeon General determines to be reasonably attributable to the need of such school for the facility for teaching purposes,

(B) if the construction is in connection with expansion of the training capacity of an existing school, only that portion of the project to construct the facility which the Surgeon General determines to be reasonably attributable to the need of such school for the facility in order to expand its training capacity,

(C) if the construction is in connection with renovation or rehabilitation of facilities used by an existing school, only that portion of the project which the Surgeon General determines to be rea

sonably attributable to the need of such school for the facilities in order to prevent curtailment of enrollment or quality of training of the school, shall be regarded as the project with respect to which payments may be made under section 293b of this title.

(c) Approval by Surgeon General; advice of Council. A grant under this part may be made only if the application therefor is approved by the Surgeon General upon his determination that

(1) the applicant meets the eligibility conditions set forth in subsection (b) of this section;

(2) the application contains or is supported by reasonable asssurances that (A) the facility is intended to be used for the purposes for which the application has been made, (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 construction to expand the training capacity of an existing school of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or public health, the first-year enrollment at such school during the first full school year after the completion of the construction and for each of the next nine school 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 section 295f-1 (b) of this title, where applicable;

(3) (A) in the case of an application for a grant from funds appropriated pursuant to clause (1) of section 293 of this title, such application is for aid in the construction of a new school of medicine, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or public health, or construction which will expand the training capacity of an existing school of medicine, osteopathy, pharmacy, optometry, podiatry, veterinary medicine, or public health, (B) in the case of an application for a grant from funds appropriated pursuant to clause (2) of such section, such application is for aid in the construction of a new school of dentistry or construction which will expand the capacity of an existing school of dentistry, or (C) in the case of an application for a grant from funds appropriated pursuant to clause (3) of such section, such application is for aid in construction which will replace or rehabilitate facilities of, or used by, an existing school of medicine, dentistry, pharmacy, optometry, podiatry, veterinary medicine, osteopathy, or public health which are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided (and, for purposes of this part, expansion or curtailment of capacity for continuing education shall also be considered expansion and curtailment, respectively, of training capacity);

(4) the plans and specifications are in accordance with regulations relating to minimum standards of construction and equipment;

(5) the applicant contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractors in the performance of work on the construction of the facility will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 276c of Title 40; and

(6) if the application requests aid in construction of a facility which is a hospital or diagnostic or treatment center, as defined in section 2911 of this title, an application with respect thereto has been filed under subchapter IV of this chapter and has been denied thereunder because (A) the project has no or insufficient priority, or (B) funds are not available for the project from the State's allotments under subchapter IV of this chapter.

Before approving or disapproving an application under this part, the Surgeon General shall secure the advice of the National Advisory Council on Education for Health Professions established by section 293e of this title (hereinafter in this part referred to as the "Council”).

(d) Matters considered.

In considering applications for grants, the Council and the Surgeon General shall take into account

(1) (A) in the case of a project for a new school or for expansion of the facilities of, or used by, an existing school, (other than a project for facilities for continuing education) the relative effectiveness of the proposed facilities in expanding the capacity for the training of first-year students of medicine, dentistry, pharmacy, optometry, podiatry, veterinary medicine, or osteopathy (or, in the case of a two-year school which is expanding to a four-year school, expanding the capacity for fouryear training of students in the field), or for the training of professional public health personnel, and in promoting an equitable geographical distribution of opportunities for such training (giving due consideration to population, available physicians, pharmacists, optometrists, podiatrists, veterinarians, dentists, or professional public health personnel, and available resources in various areas of the Nation for training such persons); or

(B) in the case of a project for replacement or rehabilitation of existing facilities of, or used by, a school, (other than a project for facilities for continuing education) the relative need for such replacement or rehabilitation to prevent curtailment of the school's enrollment or deterioration of the quality of the training provided by the school, and the relative size of any such curtailment and its effect on the geographical distribution of op

portunities for training (giving consideration to the factors mentioned above in paragraph (A)); and

(2) in the case of an applicant in a State which has in existence a State planning agency, or which participates in a regional or other interstate planning agency, described in section 293h of this title, the relationship of the application to the construction or training program which is being developed by such agency with respect to such State and, if such agency has reviewed such application, any comment thereon submitted by such agency.

(July 1, 1944, ch. 373, title VII, § 721, as added Sept. 24, 1963, Pub. L. 88-129, § 2(b), 77 Stat. 165, and amended Sept. 4, 1964, Pub. L. 88-581, § 3(b), 78 Stat. 919; Oct. 22, 1965, Pub. L. 89-290, §§ 3 (b), (c), 5(a), 79 Stat. 1056-1058; Nov. 2, 1966, Pub. L. 89709, § 2(b), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, title I, §§ 103 (a) (3), 105 (a), (b), 82 Stat. 774.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (c) (5), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), referred to in subsec. (c) (5), is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1968 Subsec. (c) (2) (A). Pub. L. 90-490, § 103(a)(3), substituted "the facility is intended to be used for the purposes for which the application has been made" for "for not less than ten years after construction, the facility will be used for the purposes of the teaching for which it is to be constructed".

Subsec. (c) (3). Pub. L. 90-490, § 105 (a), provided that for the purposes of this part expansion or curtailment of capacity for continuing education shall also be considered expansion and curtailment of training capacity.

Subsec. (d) (1) (A), (B). Pub. L. 90-490, § 105(b), inserted "(other than a project for facilities for continuing education)" after "an existing school" in par. (A) and after "a school" in par. (B).

1966 Subsec. (b). Pub. L. 89-709 § 2(b)(1), included schools of veterinary medicine.

Subsec. (c). Pub. L. 89-709, § 2(b) (1), included schools of veterinary medicine in pars. (2) and (3).

Subsec. (d). Pub. L. 89-709, § 2(b), inserted words "veterinary medicine" and "veterinarians."

1965-Subsec. (a). Pub. L. 89-290, § 3(b), substituted provisions permitting the Surgeon General from time to time to 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 provisions which prohibited any application for a grant under this part to be approved unless submitted to the Surgeon General prior to July 1, 1965.

Subsec. (b) (1) (B). Pub. L. 89-290, § 5(a), struck out "upon completion of such facility" preceding "meet the accreditation", and added cl. (B) (1) and (11).

Subsec. (c) (2) (D). Pub. L. 89-290, § 3(c), inserted "and the requirements of this clause (D) shall be in addition to the requirements of section 295f-1(b) of this title."

1964 Subsecs. (b), (c), (d). Pub. L. 88-581 eliminated references to "nursing" and "nurses" to conform to the enactment of subchapter VI of this chapter by Pub. L. 88-581 which relates to nurse training.

EFFECTIVE DATE OF 1968 AMENDMENT Section 105(d) of Pub. L. 90-490 provided that: "The amendments made by this section [to subsecs. (c) (3) and (d)(1) of this section and section 293d (4) of this title] shall apply in the case of projects for which grants are made under part B of title VII of the Public Health