(b) To be eligible to apply for a grant under this part, the applicant must be a public or nonprofit institution, determined by the Surgeon General, after consultation with the Council, to be competent to engage in the type of research for which the facility is to be constructed. (c) A grant under this part may be made only if the application therefor is recommended for approval by the Council and is approved by the Surgeon General upon his determination that-140 (1) the applicant meets the eligibility conditions set forth in subsection (b); (2) 141 the application contains or is supported by reasonable assurances that (A) for not less than ten years after completion of construction, the facility will be used for the purposes of research, or research and related purposes, in the sciences related to health for which it is to be constructed, (B) subject to subsection (d), sufficient funds will be available to meet the non-Federal share of the cost of constructing the facility, and (C) sufficient funds will be available, when construction is completed, for effective use of the facility for the research, or research and related purposes, for which it is being constructed; (3)141 the proposed construction will expand the applicant's capacity for research in the sciences related to health, or is necessary to improve or maintain the quality of the applicant's research in the sciences related to health; and, (4) 11 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). (d) 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)) fail to meet the requirements for approval set forth in subsection (c) may be approved upon condition that the applicants give the assurance required by such clause (B) within a reason 140 Sec. 705 (c) amended by sec. 3 of P.L. 88-129. 141 Sec. 705 (c) (2) and (3) amended, and (4) added by sec. 3 of P.L. 88-129. 59-106 0-66 9 42 U.S.C. 292e able time and upon such other reasonable terms and con ditions as he may determine after consultation with the Council. (e) 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).142 AMOUNT OF GRANT; PAYMENTS SEC. 706. (a) The amount of any grant made under this part shall be that recommended by the Council or such lesser amounts as the Surgeon General determines to be appropriate; except that in no event may such amount 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 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 multi-purpose facility, 50 per centum of the 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.142 (b) 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), and shall pay such amount, in advance or by way of reimburse ment, 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) 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 149 Secs. 705(e) and 706(a) amended by sec. 8 of P.L. 87-395. 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. RECAPTURE OF PAYMENTS SEC. 707. If, within ten years after completion of any construction for which funds have been paid under this part 143 (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. NONINTERFERENCE WITH ADMINISTRATION OF SEC. 708. 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. 143 REGULATIONS SEC. 709. (a) Within six months after the enactment of this part, 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. 143 Subsec. 707 (b), and sec. 708 amended by sec. 8 of P.L. 87-395. 42 U.S.C, 292g 42 U.S.C. 292f 42 U.S.C. 292h 42 U.S.C. 2921 42 U.S.C. 292j 42 U.S.C. 293 42 U.S.C. 293 REPORTS SEC. 710. 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 longterm needs for funds for the construction of non-Federal facilities 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. TECHNICAL ASSISTANCE SEC. 711.144 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. PART B-GRANTS FOR CONSTRUCTION OF TEACHING FA- AUTHORIZATION OF APPROPRIATIONS *SEC. 720.146 There are hereby authorized to be appropriated over a period of three fiscal years, beginning with the fiscal year ending June 30, 1964, not to exceed the following amounts— Effective July 1, 1966, sec. 3(a) of P.L. 89-290 amended sec. 720, as follows: EXTENSION OF CONSTRUCTION PROGRAM FOR MEDICAL, DENTAL, AND OTHER SEC. 3. (a) Effective with respect to appropriations for fiscal years beginning after June 30, 1966, section 720 of such Act is amended to read as follows: "SEC. 720. 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, 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, professional public health personnel, or dentists. Sums so appropriated shall remain available until expended." 144 Sec. 711 added by sec. 3 of P.L. 88-129. 145 Pt. B added by sec. 2(b) of P.L. 88-129, September 24, 1963. 146 Section 3(a) of P.L. 88-581, September 4, 1964, amended Sec. 720, effective July 1, 1965, by deleting the word "nurses" wherever it appeared therein. (1) $105,000,000 in the aggregate for grants to assist in the construction of new teaching facilities for the training of physicians, pharmacists, optometrists, podiatrists, or professional public health personnel, of which not more than $15,000,000 may be available for grants before July 1, 1964, and not more than $60,000,000 in the aggregate may be available for grants before July 1, 1965; (2) $35,000,000 in the aggregate for grants to assist in the construction of new teaching facilities for the training of dentists, of which not more than $5,000,000 may be available for grants before July 1, 1964, and not more than $20,000,000 in the aggregate may be available for grants before July 1, 1965; and (3) $35,000,000 in the aggregate for replacement or rehabilitation of existing teaching facilities for the training of physicians, pharmacists, optometrists, podiatrists, professional public health personnel, or dentists, of which not more than $5,000,000 may be available for grants before July 1, 1964, and not more than $20,000,000 in the aggregrate may be available for grants before July 1, 1965. If and to the extent the Surgeon General determines such action will better carry out the objectives of this part, the limitations on the amounts available for grants before July 1, 1964, under any paragraph of this section shall be decreased and the limitiation on the amount so available under any other paragraph of this section shall be correspondingly increased; and the amounts appropriated for the fiscal year ending June 30, 1964, under each of such paragraphs shall be similarly adjusted by transfer between them. In applying the dollar limitations of each of those paragraphs for the three-year period ending June 30, 1966, any amount appropriated under any such paragraph but transferred under the preceding sentence to the appropriation under another paragraph shall be deemed to have been appropriated only under such other paragraph. APPROVAL OF APPLICATIONS SEC. 721. (a) 147 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) (1) 147 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 147 Subsecs. (a) and (b) of sec. 721 amended by secs. 3(b) and 5(a), respectively, of P.L. 89-290. 42 U.S.C. 293a |