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 81 Stat. 533. 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. Partnership for 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 lieu thereof "1970" and (2) by striking out "and $5,000,000 for the fiscal year ending June 30, 1968" and inserting in lieu thereof "$7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970". standards. (2) Subsection (a) (2) of such section is amended by redesigna- State plans, ting subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively, and by inserting after subparagraph (H) the following new paragraph: "(I) effective July 1, 1968, (i) provide for assisting each health care facility in the State to develop a program for capital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan developed in accordance with criteria established by the Secretary after consultation with the State which will meet the needs of the State for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner, and (ii) provide that the State agency furnishing such assistance will periodically review the program (developed pursuant to clause (i)) of each health care facility in the State and recommend appropriate modification thereof;". (3) The last sentence of subsection (a) (4) of such section is "Federal share" of amended by inserting before the period at the end thereof expenditures. ", except that in the case of the allotments for the fiscal year ending June 30, 1970, it shall not exceed 75 per centum of such cost". planning, project (b) (1) Subsection (b) of such section is amended by striking Areawide health out "1968" the first time it appears and inserting in lieu thereof grants. "1970" and by striking out "and $7,500,000 for the fiscal year ending June 30, 1968", and inserting in lieu thereof "$7,500,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal year ending June 30, 1970". (2) Such subsection (b) is further amended by inserting imme- Recipients. diately after "project grants to any other public or nonprofit private agency or organization" the following: "(but with appropriate representation of the interests of local government where the recipient of the grant is not a local government or combination thereof or an agency of such government or combination)". (c) Subsection (c) of such section is amended by striking out "1968" the first time it appears and inserting in lieu thereof "1970" and by striking out "and $2,500,000 for the fiscal year ending June 30, 1968" and inserting in lieu thereof "$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal year ending June 30, 1969, and $7,500,000 for the fiscal year ending June 30, 1970". (d) (1) Subsection (d)(1) of such section is amended by striking out "$62,500,000 for the fiscal year ending June 30, 1968," and inserting in lieu thereof "$70,000,000 for the fiscal year ending June 30, 1968, $90,000,000 for the fiscal year ending June 30, 1969, and $100,000,000 for the fiscal year ending June 30, 1970,". Training, studies, extension. etc., program 81 Stat. 534. public health priation. Allocation of funds. Health services "State." Public health school grants, appropriation. 80 Stat. 1190. 69 Stat. 382; 70 Stat. 930. 77 Stat. 282. 42 USC 2661 note. 81 Stat. 535. (2) Effective July 1, 1968, subsection (d) (5) of such section is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (3) Subsection (d) (7) of such section is amended by adding at the end thereof the following new sentence: "Effective with respect to allotments under this subsection for fiscal years ending after June 30, 1968, at least 70 per centum of such amount reserved for mental health services and at least 70 per centum of the remainder of a State's allotment under this subsection shall be available only for the provision under the State plan of services in communities of the State." (e) Subsection (e) of such section is amended by striking out "$62,500,000 for the fiscal year ending June 30, 1968," and inserting in lieu thereof "$90,000,000 for the fiscal year ending June 30, 1968, $95,000,000 for the fiscal year ending June 30, 1969, and $80,000,000 for the fiscal year ending June 30, 1970,". (f) Effective July 1, 1968, subsection (g) (4) (B) of such section is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (g) Effective July 1, 1967, subsection (c) of section 309 of such Act (42 U.S.C. 242g(c)), as amended by section 4 of the Comprehensive Health Planning and Public Health Services Amendments of 1966 (Public Law 89-749), is amended by striking out "each" after "$5,000,000" and by inserting after "the fiscal year ending June 30, 1968," the following: $6,000,000 for the fiscal year ending June 30, 1969, and $7,000,000 for the fiscal year ending June 30, 1970,". RESEARCH AND DEMONSTRATIONS RELATING TO HEALTH FACILITIES AND SERVICES SEC. 3. (a) Section 304 (42 U.S.C. 242b) of the Public Health Service Act is amended to read as follows: "RESEARCH AND DEMONSTRATIONS RELATING TO HEALTH FACILITIES AND SERVICES "SEC. 304. (a) The Secretary is authorized "(1) to make grants to States, political subdivisions, universities, hospitals, and other public or nonprofit private agencies, institutions, or organizations for projects for the conduct of research, experiments, or demonstrations (and related training), and "(2) to make contracts with public or private agencies, institutions, or organizations for the conduct of research, experiments, or demonstrations (and related training), relating to the development, utilization, quality, organization, and financing of services, facilities, and resources of hospitals, facilities for long-term care, or other medical facilities (including, for purposes of this section, facilities for the mentally retarded, as defined in the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963) agencies, institutions, or organizations or to development of new methods or improvement of existing methods of organiza |