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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, and

(E) in the case of an applicant for a grant under section 295h-2 of this title, which, if the college or university does not include a school of medicine, a school of osteopathy, school of optometry, or school of dentistry, as defined in paragraph (4) of section 293d of this title, as may be appropriate in the light of the training for which the grant is to be made, is affiliated (to the extent and in the manner determined in accordance with regulations) with such a school, 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.

(2) The term "full-time student" means a student pursuing a full-time course of study, in one of the curriculums specified in or pursuant to paragraph (1)(A) of this section, leading to a baccalaureate or associate degree or to the equivalent of either, or to a higher degree, in a training center for allied health professions; regulations of the Surgeon General shall include provisions relating to determination of the number of students enrolled at a training center on the basis of estimates, or on the basis of the number of students enrolled in a training center in an earlier year, or on such basis as he deems appropriate for making such determination, and shall include methods of making such determinations when a training center was not in existence in an earlier year.

(3) The term "nonprofit” as applied to any training center for allied health professions or to any private agency, organization, or institution, means one which is a corporation or association, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(4) The terms "construction" and "cost of construction" include (A) the construction of new buildings, and the acquisition, expansion, remodeling, replacement, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land (except in the case of acquisition of an existing building), off-site improvements, living quarters, or patient-care facilities, and (B) equipping new buildings and existing buildings. whether or not expanded, remodeled, or altered.

(5) The term "affiliated hospital" means a hospital, as defined in section 2910 of this title, which is not owned by, but is affiliated (to the extent and in the manner determined in accordance with regulations) with, one or more training centers for al

lied health professions. (July 1, 1944, ch. 373, title VII, § 795, as added Nov. 3, 1966, Pub. L. 89-751, § 2, 80 Stat. 1228, and amended Dec. 5, 1967, Pub. L. 90-174, § 12(e), 81 Stat. 542; Nov. 2, 1970, Pub. L. 91519, title II, § 202 (c), 84 Stat. 1345.)

AMENDMENTS

1970-Par. (3). Pub. L. 91-519 extended the definition of the term "nonprofit" to private agencies, organizations and institutions.

1967-Par. (1) (A) (ii). Pub. L. 90-174 deleted "medical technology," preceding "optometric technology" and "any of such other of the allied health technical or professional" preceding "curriculums".

EFFECTIVE Date of 1970 AMENDMENT

Section 202(c) of Pub. L. 91-519 provided in part that the amendment of this section is effective with respect to grants from appropriations for the fiscal year beginning July 1, 1970.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 295h, 295h-1 of this title.

§ 295h-5. Records and audit.

(a) Each recipient of a grant under this part shall keep such records as the Surgeon General may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit.

(b) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any grant under this part which are pertinent to any such grant. (July 1, 1944, ch. 373, title VII, § 796, as added Nov. 3, 1966, Pub. L. 89-751, 2, 80 Stat. 1230.)

§ 295h-6. Repealed. Pub. L. 91-296, title IV § 401(b)(1) (E), June 30, 1970, 84 Stat. 352.

Section, act July 1, 1944, ch. 373, title VII, § 797, as added Aug. 16, 1968, Pub. L. 90-490, title III, § 301 (c), 82 Stat. 788, authorized the use of up to one-half of one per centum of appropriated funds for evaluation of programs covered thereby. See section 229b of this title.

EFFECTIVE DATE OF REPEAL

Section 401(b)(1) of Pub. L. 91-296 provided in part that the amendment by section 401 (b)(1) (E) of Pub. L. 91-296 [repealing this section] shall be effective with respect to appropriations for fiscal years beginning after June 30, 1970.

§ 295h-7. Study of allied health programs.

(a) The Secretary shall conduct a study of the administration of—

(1) the provisions of this part,

(2) other provisions of this chapter which relate to the allied health professions or the training of individuals to prepare them to engage in any of such professions; and

(3) provisions of law which are administered by the Commissioner of Education and which relate to the allied health professions or the training of individuals to prepare them to engage in any of such professions;

with a view to determining the adequacy of such provisions and the programs established pursuant thereto to meet the needs of the Nation for allied health professions personnel. (July 1, 1944, ch. 373, title VII, § 798(a), as added Aug. 16, 1968, Pub. L. 90-490, title III, § 301 (d), 82 Stat. 788, and amended Nov. 2, 1970, Pub. L. 91-519, title II, § 205, 84 Stat. 1354.)

AMENDMENTS

1970-Pub. L. 91-519 substituted provisions authorizing the Secretary to conduct a study of administration and adequacy of allied health programs, for provisions calling for a report by the Secretary prior to Apr. 1, 1969, on the administration of this part.

§ 295h-8. Advance funding.

Any appropriation Act which appropriates funds for any fiscal year for grants, contracts, or other payments under this part 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. (July 1, 1944, ch. 373, title VII, § 799, as added Nov. 2, 1970, Pub. L. 91-519, title II, § 206, 84 Stat. 1354.)

§ 295h-9. Licensure report.

The Secretary shall prepare and submit to the Congress, prior to July 1, 1971, a report identifying the major problems associated with licensure, certification, and other qualifications for practice or employment of health personnel (including group practice of health personnel), together with summaries of the activities (if any) of Federal agencies, professional organizations, or other instrumentalities directed toward the alleviation of such problems and toward maximizing the proper and efficient utilization of health personnel in meeting the health needs of the Nation. Such report shall include specific recommendations by the Secretary for steps to be taken toward the solution of the problems so identified in such report. (July 1, 1944, ch. 373, title VII, § 799A, as added Nov. 2, 1970, Pub. L. 91-519, title II, § 207, 84 Stat. 1355.)

SUBCHAPTER VI.-NURSE TRAINING

PART A. GRANTS FOR EXPANSION AND IMPROVEMENT OF NURSE TRAINING

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 298, 298b of this title. § 296. Authorization of appropriations for construction grants.

(a) 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, or replacement or rehabilitation of existing facilities for such schools, $25,000,000 for the fiscal year ending June 30, 1970, and $35,000,000 for the fiscal year ending June 30, 1971.

(b) Sums appropriated pursuant to subsection (a) of this section for a fiscal year shall remain available for obligation through the close of the next fiscal year. (July 1, 1944, ch. 373, title VIII, § 801 as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 908, and amended Nov. 3, 1966, Pub. L. 89-751, § 8(a), 80

Stat. 1236; Aug. 16, 1968, Pub. L. 90-490, title II, § 201(a), 82 Stat. 780.)

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-490 substituted authorization of appropriations of $25,000,000 and $35,000,000 for fiscal years ending June 30, 1970, and 1971, respectively, for construction, replacement, or rehabilitation of facilities for collegiate, associate degree, or diploma schools of nursing for former provisions which authorized appropriations for collegiate schools of nursing in amounts of $5,000,000 and $10,000,000 for fiscal year ending June 30, 1966, and next three fiscal years and for associate degree or diploma schools in amounts of $10,000,000 and $15,000,000 also for such fiscal years and authorized such additional sum for such fiscal years as represented the excess of the total of sums authorized for previous years over the aggregate of appropriations thereunder for such years.

Subsec. (b). Pub. L. 90-490 substituted provisions that appropriations remain available for obligation rather than for grant and eliminated authorization for transfer of unused funds for collegiate schools of nursing and for associate degree or diploma schools when such funds can be used for the other of such purposes, now covered in the combined form in subsec. (a) of this section.

1966-Pub. L. 89-751 authorized the Surgeon General, notwithstanding any other provision of this title, whenever he determines that any part of any amount appropriated, for any fiscal year, to carry out the purposes of either paragraph (1) or paragraph (2) of subsection (a) of this section will not likely be utilized for such purposes during such year, to transfer such part to the amounts which are appropriated to carry out the purposes of the other such paragraph, if he has reason to believe that such part can be used for such purposes.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 205 of Pub. L. 90-490 provided that: "The amendments made by sections 201 [to this section and section 296a (a) of this title] and 204 [to section 298b (c) of this title] shall apply with respect to appropriations for fiscal years ending after June 30, 1969."

SHORT TITLE

Section 1 of Pub. L. 88-581 provided that Pub. L. 88-581, which added this subchapter, and amended sections 291c, 2910, 293, 293a, 293e, and 293h of this title, may be cited as the "Nurse Training Act of 1964."

STUDY OF SCHOOL AID And Student AID PROGRAMS Section 232 of Pub. L. 90-490 provided that: "The Secretary shall, in consultation with the Advisory Council established by section 841 [section 298 of this title], prepare, and submit to the President and the Congress prior to July 1, 1970, a report on the administration of title VIII of the Public Health Service Act [this subchapter], an appraisal of the programs under such title [this subchapter] in the light of their adequacy to meet the longterm needs for nurses, and his recommendations as a result thereof."

§ 296a. Approval of applications for construction grants; time of submission; determinations; considerations.

(a) No application for a grant for a construction project under this part may be approved unless it is submitted to the Surgeon General prior to July 1, 1970.

(b) A grant for a construction project under this part may be made only if the application therefor is approved by the Surgeon General upon his determination that—

(1) the applicant is a public or nonprofit private school of nursing providing an accredited program of nursing education;

(2) the application contains or is supported by reasonable assurances that (A) for not less than twenty years 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;

(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 for replacement or rehabilitation of existing facilities, such application is for aid in construction which will replace or rehabilitate facilities of an existing school of nursing which are so obsolete as to require the school to curtail substantially either its enrollment or the quality of the training provided;

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

(5) 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 factory 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 and section 276c of Title 40.

Before approving or disapproving an application for a construction project under this part, the Surgeon General 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").

(c) 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 an existing school, the relative effectiveness of the proposed facilities in expanding the capacity for the training of first-year students of nursing in the field involved and in promoting an equitable geographical distribution of opportunities for such training (giving due consideration to population, relative unavailability of nurses of the kind to be trained

by such school, and available resources in various areas of the Nation for training such nurses); or

(B) in the case of a project for replacement or rehabilitation of existing facilities of a school, 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 opportunities for training in the field of nursing involved (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 or local area agency involved with planning for nurse training facilities, or which participates in a regional or other interstate agency involved with planning for nurse training facilities, the relationship of the application to the construction or training program which is being developed by such agency or agencies and, if such agency or agencies have reviewed such application, any comment thereon submitted by them.

(July 1, 1944, ch. 373, title VIII, § 802, as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 909, and amended Aug. 16, 1968, Pub. L. 90-490, title II, § 201(b), 82 Stat. 780.)

REFERENCES IN TEXT

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

Reorganization Plan Numbered 14 of 1950, referred to in subsec, (b), is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-490 substituted "July 1, 1970" for "July 1, 1968".

EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-490 applicable with respect to appropriations for fiscal years ending after June 30, 1969, see section 205 of Pub. L. 90-490, set out as a note under section 296 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 296e of this title.

§ 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 Surgeon General determines to be appropriate after obtaining the advice of the Council; except that (A) in the case of a grant for a project for a new school, and in the case of a grant 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, such amount may not exceed 66% per centum of the necessary cost of construction, as determined by the Surgeon General, of such project; and (B) in the case of any other grant, such amount may not, except where the Secretary determines that unusual circumstances make

a larger percentage (which may in no case exceed 66% per centum) necessary in order to effectuate the purpose of this part, exceed 50 per centum of the necessary cost of construction, as so determined, of the project with respect to which the grant is made.

(b) Upon approval of any application for a grant for a construction project 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; the amount so reserved may be paid in advance or by way of reimbursement, and in such installments consistent with construction progress, as the Surgeon General may determine. 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) In determining the amount of any such 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 VIII, § 803, as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 911, and amended Aug. 16, 1968, Pub. L. 90-490, title II, § 202, 82 Stat. 780.)

AMENDMENTS

1968 Subsec. (a) (B). Pub. L. 90 490 authorized construction grants exceeding 50 per centum, but not exceeding 66 per centum, of construction costs where Secretary determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of 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 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.

§ 296c. Recovery of payments.

If, within twenty 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 private school, or

(b) the facility shall cease to be used for the training 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), or

(c) the facility is used for sectarian instruction or as a place for religious worship,

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 VIII, § 804, as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 911.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 296f of this title. § 296d. Improvement in nurse training. (a) Special project grants.

From the sums available therefor from appropriations under section 296g of this title for the fiscal year ending June 30, 1970, and the next fiscal year, grants may be made to assist any public or nonprofit private agency, organization, or institution to meet the cost of special projects to plan, develop, or establish new programs or modifications of existing programs of nursing education or to effect significant improvements in curriculums of schools of nursing or for research in the various fields of nursing education, or to assist schools of nursing which are in serious financial straits to meet their costs of operation or to assist schools of nursing which have special need for financial assistance to meet accreditation requirements, or to assist in otherwise strengthening, improving, or expanding programs of nursing education, or to assist any such agency, organization, or institution to meet the costs of other special projects which will help to increase the supply of adequately trained nursing personnel needed to meet the health needs of the Nation.

(b) Priority of projects.

In determining priority of projects for which applications are filed under subsection (a) of this section, the Secretary shall give priority in the following order:

(1) the relative need of the applicant (if a school of nursing) for financial assistance to continue in operation or avoid curtailing enrollment or reduction in the quality of training provided; (2) the special need of the applicant for financial assistance in connection with its merger with a school of nursing;

(3) the relative need of the applicant for financial assistance to maintain or provide for accreditation as a school of nursing; and

(4) the extent to which the project will increase enrollment of full-time students receiving nursing training.

(July 1, 1944, ch. 373, title VIII, § 805, as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 912, and amended Aug. 16, 1968, Pub. L. 90-490, title II, §§ 211, 215, 82 Stat. 781, 783.)

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-490, § 211, substituted provisions which authorized grants to public or nonprofit private agency, organization, or institution for provisions which made public and nonprofit private diploma, collegiate and associate degree schools of nursing eligible for grants, reenacted provision to strengthen, improve, and expand programs of nursing education, and substituted provisions for special projects, including statement of additional objectives, for fiscal years ending June

30, 1970, and 1971, for provisions which authorized appropriations of $2,000,000, $3,000,000, and $4,000,000 for fiscal years ending June 3, 1965, 1966, and 1967-1969, respectively, and necessary sums for each of the four succeeding fiscal years to complete projects for which a grant was made from funds appropriated for fiscal year ending June 30, 1969, or any preceding year.

Subsec. (a). Pub. L. 90-490, § 215, made appropriations for improvement in nurse training also available for planning special projects for which grants are authorized under this section, as amended by section 211 of Pub. L. 90-490. See such amendment note under this section.

Subsec. (b). Pub. L. 90-490, § 211, substituted provisions enumerating criteria for determining priority of projects by the Secretary in the order of need for financial assistance to continue operation of school or avoid curtailing enrollment or reduction in quality of training, in connection with mergers, and to maintain or provide for accreditation, and increased enrollment of students for provisions under which Surgeon General considered contributions of the projects to general improvement in teaching and training of nurses, extent to which the projects attain a wider geographical distribution of high quality schools, and need in area in which school is situated and surrounding areas for nurses.

Subsec. (c). Pub. L. 90-490, § 211, eliminated provision which prohibited grants for projects for any period after grants have been made for such projects for five fiscal years.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by section 211 of Pub. L. 90-490 applicable with respect to appropriations for fiscal years ending after June 30, 1969, see section 214 of Pub. L. 90-490, set out as a note under section 2961 of this title.

Amendment by section 215 of Pub. L. 90-490 effective only with respect to appropriations for fiscal year ending June 30, 1969, under provisions of such section 215.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2961, 296g, 298b of this title.

§ 296e. Institutional grants.

(a) Distribution; computations.

The sums available for grants under this section from appropriations under section 296g of this title for the fiscal year ending June 30, 1970, and the next fiscal year shall be distributed to the schools with approved applications as follows: Each school shall receive $15,000; and of the remainder—

(A) 75 per centum shall be distributed on the basis of

(i) the relative enrollment of full-time students for such year, and

(ii) the relative increase in enrollment of such students for such year over the average enrollment of such school for the five school years preceding the year for which the application is made;

with the amount per full-time student so computed that a school receives twice as much for each such student in the increase as for other full-time students, and

(B) 25 per centum shall be distributed on the basis of the relative number of graduates for such year.

In computing the increase under clause (A)(ii) of the preceding sentence for any school, there shall be excluded a number equal to the increase required by subsection (b) of this section (except in the case of a school to which the third sentence of such subsection applies).

(b) Enrollment increase requirement; waiver.

The Secretary shall not make a grant under this section to any school from any appropriation for a

fiscal year ending after June 30, 1970, unless the application for such grant contains or is supported by reasonable assurances that for the first school year beginning after the fiscal year for which such grant is made and each school year thereafter during which such a grant is made the first-year enrollment of full-time students in such school will exceed the average of the first-year enrollment of such students in such school for the two school years having the highest such enrollment during the five school years during the period of July 1, 1963, through June 30, 1968, by at least 22 per centum of such average first-year enrollment, or by five students, whichever is greater. The requirements of this subsection shall be in addition to the requirements of section 296a (b) (2) (D) of this title, where applicable. The Secretary is authorized to waive (in whole or in part) the provisions of this subsection if he determines, after consultation with the National Advisory Council on Nurse Training, that the required increase in firstyear enrollment of full-time students in a school cannot, because of limitations of physical facilities available to the school for training, be accomplished without lowering the quality of training provided therein.

(c) Determination of number of students enrolled; "full-time students" defined.

(1) For the purposes of this part and part D of this subchapter, regulations of the Secretary shall include provisions relating to determination of the number of students enrolled in a school, or in a particular year-class in a school, or the number of graduates from a school, as the case may be, on the basis of estimates, or on the basis of the number of students who were enrolled in a school, or in particular year-class in a school, or were graduates from a school in earlier years, as the case may be, or on such basis as he deems appropriate for making such determination, and shall include methods of making such determination when a school or a year-class was not in existence in an earlier year as a school.

(2) For purposes of this part and part D of this subchapter, the term "full-time students" (whether such term is used by itself or in connection with a particular year-class) means students pursuing a full-time course of study in an accredited program in a school of nursing. (July 1, 1944, ch. 373, title VIII, § 806, as added Sept. 4, 1964, Pub. L. 88-581, § 2, 78 Stat. 912, and amended Dec. 5, 1967, Pub. L. 90-174, § 12(a), 81 Stat. 541; Aug. 16, 1968, Pub. L. 90-490, title II, § 211, 82 Stat. 781.)

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-490 substituted provisions for distribution and computation of institutional grants for fiscal years ending June 30, 1970, and 1971, for provisions authorizing appropriations of $4,000,000, $7,000,000, and $10,000,000 for fiscal years ending June 30, 1965, 1966, and 1967-1969, respectively, to defray portion of cost of training students of nursing in public and nonprofit private diploma schools of nursing.

Subsec. (b). Pub. L. 90-490 substituted enrollment increase requirement and waiver thereof for provisions for payments by Surgeon General to public or nonprofit private diploma schools of nursing for each fiscal year in five-year period beginning July 1, 1964, and ending June 30, 1969, an amount equal to product of $250 and sum of number of federally-sponsored students in such school during such year and the number by which the full-time enrollment in such school during such year exceeds the

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