(1) from among private citizens of the United States who are widely recognized for their broad knowledge of or experience in, or for their profound interest in the arts; (2) so as to include practicing artists, civic cultural leaders, members of the museum profession, and others who are professionally engaged in the arts; and (3) so as collectively to provide an appropriate distribution of membership among the major art fields. The President is requested in the making of such appointments to give consideration to such recommendations as may from time to time be submitted to him by leading national organizations in these fields. (b) Each member of the Council shall hold office for a term of six years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of the members first taking office shall expire, as designated by the President at the time of appointment, eight at the end of the second year, eight at the end of the fourth year, and eight at the end of the sixth year after the date of enactment of this Act. No member of the Council shall be eligible for reappointment during the two-year period following the expiration of his term.

(c) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

CHAIRMAN OF THE COUNCIL

SEC. 6. (a) The President shall appoint, by and with the advice and consent of the Senate, a Chairman of the Council (hereinafter referred to as the "Chairman") from among private citizens of the United States who are widely recognized for their knowledge of or experience in, or for their profound interest in, the arts. In addition, he shall advise the President with respect to the activities of the Federal Government in the arts. If a vacancy occurs in the office of the Chairman the President shall fill the vacancy in the same manner in which the original appointment was made.

(b) The Chairman shall serve at the pleasure of the President, but not in excess of eight consecutive years, and shall not be eligible for reappointment during the four-year period following the expiration of his last period of service as Chairman. The provisions of this subsection shall apply to any person appointd to fill a vacancy in the office of the Chairman.

(c) The Chairman shall receive compensation at the rate of $21,000 per annum, and shall be reimbursed for travel and subsistence expenses incurred by him while away from his home or regular place of business in accordance with the Travel Expense Act of 1949, as amended (5 U.S.C. 836-842), and the Standardized Government Travel Regulations.

DUTIES AND RESPONSIBILITIES OF THE COUNCIL

SEC. 7. (a) The Council shall meet at the call of the Chairman but not less often than twice during each calendar year. Thirteen members of the Council shall constitute a quorum.

(b) The Council shall (1) recommend ways to maintain and increase the cultural resources of the United States, (2) propose methods to encourage private initiative in the arts, (3) advise and consult with local, State, and Federal departments and agencies, on methods by which to coordinate existing resources and facilities, and to foster artistic and cultural endeavors and the use of the arts, both nationally and internationally, in the best interests of our country, and (4) conduct studies and make recommendations with a view to formulating methods or ways by which creative activity and high standards and increased opportunities in the arts may be encouraged and promoted in the best interests of the Nation's artistic and cultural progress, and a greater appreciation and enjoyment of the arts by our citizens can be encouraged and developed.

(c) In selecting subjects to be studied pursuant to subsection (b) of this section, the Council (1) shall consider requests submitted to it by the heads of departments and agencies of the Federal Government, and (2) may obtain the advice of any interested and qualified persons and organizations. In making its studies pursuant to such subsection, the Council may obtain assistance from such committees and panels as may be appointed by the Chairman from among those persons professionally qualified in the fields of art with which such studies are concerned, who are recommended to him by the Council.

(d) Not later than ninety days after the end of each fiscal year, the Council shall submit to the President and the Congress an annual report setting forth its

activities pursuant to subsection (b) of this section. In addition, the Council shall submit to the President reports and recommendations with respect to its activities at such time or times as the President shall request or the Council deems appropriate. The President shall transmit such recommendations as he may deem fit, together with his comments thereon, to the Congress.

COMPENSATION OF MEMBERS OF THE COUNCIL

SEC. 8. Members of the Council, and persons appointed to assist the Council in making its studies, while attending meetings of the Council, or while engaged in duties related to such meetings, or while engaged in the conduct of studies authorized by this title, shall receive compensation at a rate to be fixed by the Chairman, but not exceeding $75 per diem and shall be paid travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

STAFF OF THE COUNCIL

SEC. 9. (a) The Chairman is authorized to appoint, subject to the civil service laws, such secretarial, clerical, and other staff assistance as is necessary to enable the Chairman and the Council, and its special committees, to carry out their functions and duties, and to fix the compensation of persons so appointed in accordance with the Classification Act of 1949.

(b) The Chairman is authorized to procure in accordance with such policies as the Council shall from time to time prescribe, without regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not in excess of $75 a day.

EXPENSES OF THE COUNCIL

SEC. 10. There are hereby authorized to be appropriated to the Council such sums as may be necessary, not to exceed $150,000, to carry out the purposes of this Act.

GENERAL PROVISIONS

SEC. 11. (a) This Act shall not be deemed to invalidate any provision in any act of Congress or Executive order vesting authority in the Commission of Fine Arts or any other statutory Federal advisory body.

(b) Nothing contained in this Act shall be construed to authorize the Council to undertake any duty or responsibility which is the duty or responsibility of any other Federal advisory body established by law as of the date of enactment of this Act.

O. NURSE TRAINING ACT OF 1964

(Public Law 88-581, approved Sept. 4, 1964)

1. Background

In his message to Congress on February 10, 1964, concerning health, President Johnson recommended the following Federal legislation to strengthen the nursing profession:

(1) Authorization of grants to build and expand schools of nursing, to help the schools perfect new teaching methods, and to assist local, State, and regional planning for nursing service.

(2) Federal loans and a national competitive merit scholarship program, with forgiveness of a portion of the loan for each year of service as a nurse up to 6 years.

(3) Continuation and expansion of the professional nurse traineeship program to increase the number of nurses trained for key supervisory and teaching positions.

2. Legislative History

At the request of the administration, H.R. 10042, the Nurse Training Act of 1964, was introduced by Representative Oren Harris, of Arkansas, on February 20, 1964. The bill was referred to the Committee on Interstate and Foreign Commerce. Hearings on this bill were held by the Subcommittee on Public Health and Safety on April 8, 9, and 10, 1964. The record of the hearings was printed in a volume of 160 pages.

After consideration of the bill by the Subcommittee on Public Health and Safety, the subcommittee ordered a clean bill reported to the committee, containing its recommendations.

H.R. 11241, a bill to amend the Public Health Service Act to increase the opportunities for training professional nursing personnel, and for other purposes, was introduced by Representative Kenneth A. Roberts, of Alabama, on May 13, 1964, and referred to the Committee on Interstate and Foreign Commerce. It was reported from that committee with amendments, on July 7, 1964 (Rept. 1549)." It was debated and passed by the House, under suspension of the rules, on July 21, 1964,72 and referred to the Senate Committee on Labor and Public Welfare on July 22, 1964.73

On August 6, 1964, the Subcommittee on Health of the Committee on Labor and Public Welfare held hearings on H.R. 11241 and H.R. 11083, bills proposing to increase training of nursing personnel and extend authorization for assistance in the provision of graduate or specialized public health training, and for other purposes. The record of the hearings was printed in a volume of 86 pages.

H.R. 11241 was reported in the Senate, with amendments, on August 12, 1964 (Rept. 1378). The bill was considered and passed by the Senate, amended, on the same date." The House agreed to the Senate amendments, with an amendment, on August 21, 1964.76 The Senate agreed to the House amendment also on that date."7

The act was approved on September 4, 1964. It became Public Law 88-581.

3. Digest of the Act

Following is a digest of Public Law 88-581:

Authorizes $5 million for 1966 and $10 million for each of the next 3 fiscal years for grants to assist in the construction of new facilities for collegiate schools of nursing or replacement or rehabilitation of existing facilities for such schools. Authorizes $10 million for 1966 and $15 million for each of the next 3 fiscal years for grants to assist in the construction of new facilities for associate degree or diploma schools of nursing, or replacement or rehabilitation of existing facilities.

Authorizes appropriations to cover cost of traineeships for the training of professional nurses to teach in various fields and costs of undergraduate scholarships for nursing students. Authorizes establishment

Ibid., July 7, 1964, p. 15705. 72 Ibid., July 21, 1964, p. 15895. 78 Ibid., July 22, 1964, p. 16019. 74 Ibid., Aug. 12, 1964, p. 18476. 76 Ibid., pp. 18540-18541. 76 Ibid., Aug. 21, 1964, p. 20129. 77 Ibid., p. 20273.

of a student loan fund and authorizes $3.1 million for 1965; $8.9 million for 1966; $16.8 million for 1967; $25.3 million for 1968; and $30.9 million for 1969. Also provides for loans to schools for financing deposits in a loan fund.

Establishes a National Advisory Council on Nurse Training consisting of the Surgeon General, the Commissioner of Education, and 16 members appointed by the Secretary of Health, Education, and Welfare.

4. Text of the Act

Following is the text of Public Law 88-581:

PUBLIC LAW 88-581, 88TH CONGRESS, H.R. 11241, SEPTEMBER 4, 1964 AN ACT To amend the Public Health Service Act to increase the opportunities for training professional nursing personnel, 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 "Nurse Training Act of 1964".

SEC. 2. The Public Health Service Act (42 U.S.C., ch. 6A) is amended by adding at the end thereof the following new title:

"TITLE VIII-NURSE TRAINING

"PART A-GRANTS FOR EXPANSION AND IMPROVEMENT OF NURSE TRAINING "AUTHORIZATION OF APPROPRIATIONS FOR CONSTRUCTION GRANTS

"SEC. 801. (a) There are authorized to be appropriated

"(1) for grants to assist in the construction of new facilities for collegiate schools of nursing, or replacement or rehabilitation of existing facilities for such schools, $5,000,000 for the fiscal year ending June 30, 1966, and $10,000,000 for each of the next three fiscal years;

"(2) for grants to assist in the construction of new facilities for associate degree or diploma schools of nursing, or replacement or rehabilitation of existing facilities for such schools, $10,000,000 for the fiscal year ending June 30, 1966, and $15,000,000 for each of the next three fiscal years. There are also authorized to be appropriated for each of such fiscal years ending after June 30, 1966, for grants specified in clause (1) or (2) of the preceding sentence, the amount by which the total of the sums authorized to be appropriated under such clause for previous years exceeds the aggregate of the appropriations thereunder for such years.

"(b) Sums appropriated pursuant to clause (1) or (2) of subsection (a) for a fiscal year shall remain available for grants specified in such clause until the close of the next fiscal year.

"APPROVAL OF APPLICATIONS FOR CONSTRUCTION grants

"SEC. 802. (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, 1968.

"(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 nonFederal 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 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 (40 U.S.C. 276a-276a5). 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 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

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 841 (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.

"AMOUNT OF CONSTRUCTION GRANT; PAYMENTS

"SEC. 803. (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 regulatons, such amount may not exceed 66% per centum of the necessary cost of construction, as determined by the Surgeon General, of such