If Public Law 89-239 89th Congress, S. 596 October 6, 1965 To amL-nd the Public liesitb SerT@ Act to assist III combating heart disease, cancer, stroke, and related dW"@. Be it enacted bv the Sewte and House ot Repregentat@ves of the t,'nited States of Ame@,a in 47on.-ore88asg@k-d, That this Act may Heart Disease, be cited as the i'Heart Disease, 'Oancer, and Stroke Amendments @f Canoer, " 1965". Stroke Amend- SEC. 2. The Public Health Service Act (42 U.S.C., ch. 6A is ent,, of 1965. fimeiided by adding at the end'thereof the following new title: 58 Stat. 682. 42 USC 201 note. 4'TITLE IX-EDUCATION, RESEARCH, TRAINING, AND DE',NiONSTRATION'i IN THE FIELDS OF HEART DIS- E-A-SE, CANCER, STROKE, AND RELATED DISEASES 44 p Es "SEC. 9W. The purposes of this title are- '.(a) Through @nts, to eneoiim-ae and usist in the establishment of ive arrangements among medicalschools, research i@ ospitals for research a@(I training (including con- tin and for related demonstrations of patient care in the disease, cance stroke, and relftted-diwases; the medical institu b medical ,r @ To afford to the t;o the Nati ngements, the op 'Por tunitv of makin e atest advances in the diariosis and tri d -(e) Bv these means, to improve genem t a health manpower and facilities available to the Nation, and I accomplish these ends w.thout interfering with the patterns, or the financing, of patient care or professional @metice, or with tho nistration of hos itals, and in cooperation with practicing physicians, medical cen. ter PcfReia-@ hospital -administrators, and representatives from appro- pri[Lte voluntary health agencies. C( AUTHORIZATION OF @IPPROPRIATIONS 44 SEC. 901. (a) There are authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1966, $90,000,000 for the fiscal vear criding June 30,1967,A* $200,000,000 for the year @ndijiLy June .10, lq6&,for izmnL,; to assist pu'bli@ or nonprofit private universities, ^$65,000 .,-nedic,ar-klio@s, research institutions, and',otlier public or noii rofit 000 for the fiscal year private institutions and agencies i onducting feasibility ending Jme 30, 1969, and such -ti-idies, and iii opemtinlepi!Ot p blishi-nent, of re- sums as may be necessary for the. gio,ial medical programs otI res and demonstration Activities for car iilg out the p@ next four fiscal years, FY - title. Sums appro- !r.,at,ed under this wction for an 11 remain avail- able or making such grants until the I year following the fecal year for which the itpproi)riation is made.,A AFor any fiSCal year ending after " (bj A.gmnt under this -title'shall be for part or all of the cost of June 30, 19f9, such portion of the t!ie planning or other activities with respect to which the application ig made, except that any such amnt wiih respect to construction of, appropriation pursuant to this or provisionbf built-in (as determined in accordance with regula- section as lhe Secretary my deter- t,io@) equipment for, ani.ffteility may not exceed 90 per eentu the cost of suciL construction or equipment. in of mine, but nOt exceeding 1 per cen "(c) Funds ap 1)riated pursu@nt'to this title shall not be avail- thereof, sholL be available to the prof -,zble to pay the mg of hospital, medical, or other care of patients Secretary for evaluation (direct or by grants or contracts) of the program autILOrized by this title, ctober 6. 1965 pub. Law sq-239 0 79 determined in accordaii th4 research, demolist, e.. any cl he b phy an. or, where appropriate, to a practicing dentist. (d) Grants under this title to any agency or 1 radical program may institution for a 'regiona be used by it to assist in meting the cost Of participation in such Program by any Federal hospital. 'TDPMNITIONS 6&Sr,c. W2. For t] Dari)oms of this title- (!T,l Programs meAns a coopem The t4PrM or nonprofit Private institu- arrangement aino, sis, and treat- diag@o tions or agencies, training, af the option me t rei t@g to ne-er, or stroke, anct, up- of ge disease or clisea,.%s; but only if such gro within a composed of any the Surgeon Gen- @(which for purposes of p s, to be appropr'i- title includes ei this t the purpo, stri 0 one or more medical centers, one or more clin- t]@e Di ct f @ and one or more hospitals; and Columbia, the Comwn effect cooperative mong its com- wealth of Puerto Ritp, ill be adequate title. the Virgin Islands$ ool or other Guam, American Sawa, invol mdtiate me al train and "'ed in posts ng, reseaillf and and the Trust Terri-to or more s affiliated therewith for te-a,i re 1, of the Pacific Islands.) one demonstration TDur@. (or "(c) The term rclinical research center' means an institution ' @f an institution) the primary func-tioii.of which is reseaxch, I)a and demonstrations and Nvhich, in connection ti -quality diagno!kic and treat- ti s@ialized, high ir, and out atients. means Pa hospital its defined in section 4@ (d) The tern ity for diagnosis c,,-)5 (el or other I in which local capabil I . ty augmented by the progrtn' established an,. t treatment is 1 nd under this title. nc 41(e) The term gnonprofit' as fLT)T)Iied to any institution or y Nncy wV'ch is owned itnd operated one means an institution or &&. rt - f the net etlrii- more nonprofit corporations or a&smintions TO Da 0 @r m or may lawfully inure, t@ the benefit of any in of which inu ir te shareholder oi individual. priva "(f) The term construction' includes alteration, major repair (to ions), remodeling and renovation of the extent Perm itial @uipment tfi,ere-of), and replace- existing buildirq anent o?.obsol@ emined in accordance with regult- tions) equipmen dings. "ORANTS rOR MAN' ilNG "SL,C. 903. (a) The Surgeon lie recoi-nmendation of I National Advisory C6-hncil dical ProLrrams e-stab- (hereal e referred to as the I or n n i io mat 0profi' pri@"te I i ubll- or and combinations thereof. I rp I and )the anning a_t them in p I I 4 October 6, 1965 3 Pub. Law 89-239 79 STAT. 928 (b) Grants under this section nuy be made only upon application therefor approved by the Surgeon General. A ion may be f it oonticins or is su@rte( assurances that FWeral I uant to will be used only for the ich ance with the 'applicable this and the rMAetions thereunder; 2) reasonable assurances that the applicant will provi(le.for f6W control and fwid amounting procedures as are required by the Surgeon General to assure proper disbursement of and accounting for such Federal funds; 11(3) reasonable a&qur-tn@ that the applicant will make such reports, in such form and containing Inch information as the Surgeon General. may from time to time reasonably require, and will7keep such records and afford such 9,@ thereto as the Sur- mon GWnemi m@'y find necessary to assure the correctness and verification of such reports; and 1(4) a satisfactory showinLr that the applicant has designated an advisorT group io advise-the pplicaie (and the institutions and agencies parl onal medical FroLyr@) in @rrm for the estab- is@ent'and opeFs in, which advisory cal center officia- m appropri- ate me@i es, and representa- tives of at ies concerned with act-. h = the program and members of the public familiar with t] need for the services provided under the pr@m. 4; GRAN" FOR ESTABUSI[MRITT AND O@'NON OF REGIONAL 3(EDICAL PROGRAMS "Sw. 904. (a) The Surgeon General, upon the recommendation of the Council, ,is authorize to make gimits to public or nonprofit private universities, medical schools, research institutions, and other -@ublic or nonprofit private agencies and inttitutiomto @ist in and combinations thereof, establishment and o@ration of regional medical prog@ms, including construction 'and @uipment@ of facilities in connection there@vitli. (I (b) Grants under this section may be made only therefor approved by the Surgeon Z;eneral. Ani may be approved only if it is recommended. @y t-h, p d@ri@ in section 903 (b) (4) and &ntams or is sup able a&-iimms that- 4(1) Federal funds paid pursuant to any.@uch @t (A will be @@ only for the purposes for which p7aict aii(i in accordance with the iL@plicable @ro@isions of this title and the @ations thereunder, ind (B) -will not supplant ftmds that am otherwise available for establishment or operation of the regional medical grant is ma&; for such fiscal control and fund ired by the Sur@n General to and @unting fir such Federal IC( app] t wi I make such reports, in such form and Records. COnt4 such information as the Surgeon General may from time reasonably require, and will keep such records and -pub. IAW 89 - 2 3 9 - 4 October 6. 1965 79 STAT. 929 - afford s, access thereto as the Surgeon General may find neces- 3ay to &$sure tile correctness and verification of such reports; and (4) any laborer or mechanic employed by any contractor. or subcontractor in the performance of work on a@y construction ents purstian@ to any grant under this section will thin those prevailing on similar detemined-by the Secretary of avis-Bacon Act, as amende(f (40 49 Stat.'IOII; e Secretary of Labor shall have, 7B Stat. 238. ards specified in t iis ppragrapil, the aut an unc fo@ll in Reora kilization Plan 64 Stat, 1267. Numbere I of 1950 (11, F-I 6; 5 U.S.C. 13: z-15) an , sec- 63 Stat. 100. tion 2 of the Act of June 13, as amended (4 ) I,'.S.C. 276c) ",-TATIONAL IADVISORY COU.NCIL ON RFGIONAL MFDICAI, PROGRA3,18 l@ppointment of "SEC. 905. (a) The Surpon General, Nvit], tile approval of the Secretary, ma@ a reLyttrd to the civil service laA!s, a National Advisoi @iedical Programs. Tile Council shall con I' who shall be the cliftir- an. and menibe@ not in the regular full-time ASixteen/ M'L'I'o 'of t@hpm?%nited Stat@ who are leaders ill tile fields of the emp Yentalsciences,tliemedicaisciences,orpublicaff fundam airs. At least tNvo of the appointed members shall be practicing physician.-,, one shall be outstanding in the.@udy, a is, or treitttnent of heart disease, one shall be outstandinLy in t"hi, ftuodsy, diagnosis, or treatment of cancer, and one shall be o@tanding in the study, diagnosis, or treatment of stroke. 'Perv, of office. 11 (b) Each &,unpainted member of the Council shall hold. office for a te'ri-n of four -yea@ except that an-Y member ar)poiiite(i to fill a Vacancy prior to the expiration of the ienn for wh@fi his predecessor as appointed shall be app2inted for the remainder of such term, and except that the terms of oftice of the members rst taking @flim -shall t@xpire, as designated by the Surgeon General at the time of appoint- nie.nt, four at the end 6f the first vear, four at the end of t!:e Second fter the date oi appoint- okfour at title end 'two terms. shall not be eligible to serve continu- of the third year, Comper@ation. the Council, while attending meet- and four at tl-.e otherwise servility on business of the end of the fourth ceive compeiisati@on at rates fixed by year/ including tr,,tveltime, or regular pi-ifes of travel e ing (tiem in uthorized bv s mirlistrative 60 St&t. 8@; F, i 46 (5 U.S.C. 7@b-2) for in the Govern- 75 Stat. 339, 340. ment service ei ttently. @ppli@u.tions for (d) The C( and assist the Surgeon Generil in the gr3xe,,-, recom- and as to policy inatt@rs arising with tl-tis title. 'Tli@Coiincil -,hall consider r this title and'shall make recoi-ninen- with respect to approval of apl)lica- tinder-tiiis title. October 6. 1965 - 5 - Pub. Law 89-23 19 STAT* 930 iiRWULATIONS "Sw. W6. The Surgeon General, after consultation with the Coun- .11 shall prescribe @ernk regulations covering the terms and con- @l@lions for approving applications for gmts under this title and the coordination of programs assi@ under this title with progm !ns for tr&7,nmiz, rwareli, and demonstrations relating to the same di or authorized under other titles of this Act or other Acts of Congress. "INFOItMAnON ON SPECI,%L TREATMENT AN]) 'MAINING CY.NTFRS "SFC. 907. The Surgeon General shall establish, and maintain oil a current basis, a list or,lists of facilities in the United States equi ped and staffed to provide the most advanced methods and techniques in the diagnosis and treatment of heart disease, cancer, or str;ke, together with such related information, including the availability of ti&vanced specialty training in such facilities, as he deems useful, ,tnd shall ni-ake such list or fi'sts and related inforrnrttion readily avail- able to licensed practitioners and other persons requiring such iiifor. Nation. To the end of making such list or lists a'nd o't,her infoma- tiori most useful, the 'Surgeon General shall from time to time c*n.,;ult with interested national -professional organizations. llxEPORT "SFc. 908. On or before June 30, 19671 the Surgeon General, after Report to consultation with the Council, -,hall submit to the Secretary for tmns- President and @ion to the President and then to the Con@ a report of the Congress. activities under this title to@ber with (1).a statement of the relation- ship between r4edeml fin@cinLy and financing from other sources of the-activities undertaken pursuant to this title, (2) an appraisal of the activities misted under this title in the light of their effectiveness in carrying out the purposes of this title, and (3) recominendfttions with respect to extension or modification of this title in the light thereof. 44RECORDS AND AUDIT I "Szc. 909. (a) Each recipient of a grant under this title @ll keep such records as the Surgeo@ General mav prescribe, including records which full-- disclose the amount and dii@ition by such recipient of the p of such @t, the total @ of the project or under- takin@, in connection @it.h 'which such grant is made- or used, and the amount of that portion of the cost, ol the project or undeiiakinly supplied by other sources, and such records as-wifl facilitate an effec- tive audit. 11(b) Tle Secretsrv of Healtb.,Fducation, and Welfftre and the C@piroller @neml ;f the United States, or any of their duly author- ized 'rep@tatives, shall have @ for the pu -@ of audit and examination to any boo@ documents, pap@ and records of the roe . ient of any grant under this title which are pertinent to any sue 11 stc Ft) Section I of the Public Health Service Act is amended 50 Stat. 682. to read &8 follows: ISEmor; 1. Titles I to IX, inclusive, of this Act May be Cited as 42 USC 201- the 'Public Health Service Act'.' 298b. October 6. 1965 Pub. Law 89-239 6 79 STAT. 931 ded, is further 42 USO 201 (I,,dTheActofJul 1.1944(58Stat.682),asamen note. amen "I in eff@i prior to the enactment of this 01 through 914 (as in 4 es thereto, as sect] 1014, rwpe Approved October 6, 1965, PP.OJECT GRAN7S. POP, HLTIPROGM SERVI(MS SEC. 910.' Funds appropriated under this title shall also be available for grants to any public or nonprofit rivate agency or institutim for services needed by or p which will be of s@stantial use to, any two or more -regional me&lcal progrms. LELISIATIVE BISTORts IVUSE REPORT No. 963 aoOOmPwWirig H. R. 3140 (cofm. on Inter-stete Foreign C corn 0 re e) . SENATE REPORP No. 368 (@. on Iab,, & Public Welfare). CONGRMIONAL RECORD, Vol. Ill (1965)0 June 25i Considered in Senate. June 28% Considered and PSsoed Senate. Sept. 23t fL R. 3140 considered in House. Sep+,. 241 Considered and @sed Hou-set amended, in lieu of H. R. 3140. SePt. 291 Semto concurred In House amendments.