Public Law 89-239 89th Congress, S. 596 October 6, 1965 ,9n,9ct 79 STAT, 926 To amend the Public Health Service Act to assist in combating heart disease, cancer, stroke, and related diseases. Be it enacted b? ./ the Senate and Houge of Representatives of the f Anwrica in Congress a8,Re@bled- That this Act'may Heart Disease, tfnited States o I be cited as the !'Heart Disease, Cancer, and Stroke Amendments of Canoer, and 1965". Stroke Amend- SEc. 2. The Public Health Service Act (4-2 U.S.C., ch. 6-A-) is ments of 1965. amended by adding at the end thereof the following new title: 58 Stat. 682. 42 USC 201 note. "TITLE IX-EDUCATION, RESEARCH, TRAINING, AND DE3,fONSTR,ATIONS IN THE FIELDS OF HEART DIS- EASE, CANCER, STROKE, AND RELATED DISEASES cc PURMUS "SEc. 900. The purposes of this title are- " (a) Through grants, to encourage and assist in the establishment of regional cooperative arrangements among medical schools, research institutions, and hospitals for research ancY traininz (including con- tinuing education) and for related demonstrations @'patient care in the fieTds of heart disease, cancer, stroke, and related -diseases; "(b) To afford to the medical profession and the medical institu- ' 6f the Nation, through such cooperative arrangements, the oppor- tions t it of making available to their @atients the latest advances in the d;nyosis and treatment of these diseases; and By these means, to improve generally the health ower and facilities available to thenatio@, and to accomplish =ends without interfering with the patterns. or the niethods-of financing, of atiient care or ractice, or with the administration of osp and th practicing physicians, medical cen- ter oelisals, hos and representatives from appro- priate voluntar AUTHOITUATION OP APPROPRIATIONS "Src. 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 year ending June 30,1967, a@d $200,000,000 for the fiscal vear ending June 30, 1-968, for grants to assist public or nonprofit private universities, medical schools, research institutions, and other -public or nonprofit private institutions and agencies in plannin in conducts feasibility 91 for the establislaent, of r@- I training, and demonstration of thi-s'title. Sums appro- year shall remain avail-able 'be fiscal year following the t priation is made. be for part. or all of the cost of @he other activitie respect -to which the application is m that any such with respect to construction of, ed in accordance with @crula- eq.ulpmel not exceed 90 per centum of of sucl const 11(c) Funds appropi this title shall not be avail- able to pay the cost 4 ieal, or other care of patients 79 STAT. 927 Pub. Law 89-239 - 2 October 6, 1965 except to the extent it is, as deteriiiiiied in itecordaiiee NN-ith retrill:l- tions, incident to those research, training, or demonstration activ@ities which are encompass ses of this title.. No patient sliall be furnished ho@pita ther care at any facilitv incident to research, trainin@ tion activities- carried' out with funds appropriated ] title, unless he has been referred to such facility by a ysician. DEFINITIONS "SEC. 902. For the purposes of this title- "(a) The term liegi6nal medical program' means a cooperative arrangement among a gi:oup of public or nonprofit private institu- tions or agencies engaged in research, training, diagifosis, and treit- ment relating to he-art disease, cancer, or stroke, and, at the option of the applicant, related disease or diseases; but only if such Eroup- 11(i) is situated within i Geographic area -composecof aiiv part or parts of an one or more-St@tes, wliiel'l the Surgeon Gen- eral det7ermines, in yaccordance with re ilations, to be appropri- ate for carrvinlr out the, purposes of this Ifiltle, 11 (2) con;isis- of one or more medical cent.ers, one or more clin- ical research centers, and one.or more hospitals; and '1(3) has in effect cooperative arrangements among its com- ponent units which the Surgeon Gener-al finds will b@ adequate Tor effectively carr-vinlr out the purposes of this title. (b) The term- 'medical center' m-eans- a medical school or other medical institution involved in postgraduate medical training and one or more hospitals affiliated there -w-ith for teaching, research, and demonstration purposes. " (c) The term relinical research center' means an institution (or part of an institution) the primary function of which is research, training of specialists, and demonstrations and which, in connection therewith, provides specialized, high-quality diagnostic and treat- ment servi@s for inpatients and outpatients. cc (d) The term 'fiospital' means a hospital as defined in section 625 (cj or other health -facility in which local capability for diagnosis and treatment is supported and augmented by the progrtm established under this title. "(e) The term 'nonprofit' as applied to any institution or ,!ency means an institution or azencv which is owned and operated y one ?r more nonprofit co o@tioni or associations no part of the net eani- rp ings of whi@h inures, or may lawfully inure, to the benefit of any private shareholder or individual. "(f) The term 'construction' includes attention, maior repair (to the extent permitted by regulations), remodeling and renovation of exist ment thereof), and replace- ment in accordance with regult- tionc, "GRANTS 'FOR PLANNING ''SEC. 903. (a) The Surgeon General, upon the recommendation of the National Advisory Co7uncil on @egion-al Medical Programs estal)- lisbed by section 905 (hereafter in this title referred to as the 'Council'), is authorized to make grants to public or nonprofit private universities, medical schools, research institutions, and other public or nonprofit private agencies and institutions to assist them in planning the development ofregional medical programs. Qctober 6, 1965 3 Pub. Law 89-239 79 STAT. 928 ilici-efoi- al)l)ioN-u(i by the SLirAeoli General. --illy such apl)licaLioii .qiay or is supported b@,- that Federal fu@ds paid pursuant d only for the purp6@s for -,vllicli the applicable provisions of this nder; t the applicant will provide for Su al control and fund c( nting procedures as are required by the Surgeon General to assure proper disbursement of and accounting for such Federal funds; "(3) reasonable assurances that the applicant will make such p3ports, in, such form and containing such iiifoniiation as t]iL me to time reasonably require, and ord such access thereto as the Sur- ary to assure the correctness and d ated tions dical stab- hicli a w a v 0 to be the program and members of the public familiar with t. e need f( r the services provided under the -program. CCGRA@ FOR FSTABLISHMMNT AND ORERATION OF REGIONAL MEDICAL PROGITANS cc SEc. 904. (a) The Surgeon General, upon the recommendation of the Council, is authorized to make grazits to public or nonprofit private universities, medical schools, research institutions, and other public or nonprofit private agencies and institutions to assist in establishment and operation of re@onal medical programs, including construction and equipment of f ilities in connection therewith. 11 (b) Grants under this section in be made only upon application therefor approved by the Surgeona@eneral. An h , n 1 'ppic"tio ma 'y be approved only if it is recommended by tl sucd :r p ry grou described in section 903 (b) (4) and contains or is suplort by reason_ able assurances that- such @t (A) will d and in accordance and the regulations supplant fur ds that am 4Ytherwise operation of the regional medical program with respect to the ant is made; r (2) the applicant wil ideFo such fiscal control and fund accounting procedures as are required by the Surgeon General to assure proper disbursement of and accounting for such Federal funds; "(3) the applicant will make such reports, in such form and Records. containing such -information as the Surkeon'General mV from time @ time reasonably require, and wifl keep such records and Pub. Law 89-Z39 - 4 - October 6, 1965 79 STAT. 929 s,try to -,iss Lire IIie @oi rectlies@ I-el-itici,i iOl! ot ERIC I i 1.(,I.K) II @;: a I.(: 4:(4) any laborer or mechanic employed b@, any contractor. or subcontractor in the performance of work on any construction aided by payments pursuant to any grant under tfiis section will be paid wages at rates not less than tli@ prevailing on similar construction in the locality as determined b _@, the Secretary of Labor in accordance Nvitli the Davis-Bacon 't, as amended (40 49 Stat. 1011; U.S.C. 2i-6a-2o-6a-5) ; and the Secretarv of tabor shall have, 78 Stat@ 238. with resl)ext to the labor standards specified in this partl,,-rapli, the authority and functions set fortli in rxeorlaiiizatioii Plan 64 Stat. 1267. N@umbered 14 of 1950 (15 F.R. 3li-6; 5 U.S.C. 1,@iz-15) and see- 63 Stat. 108. Qi'6c). tioii 2 of the ket of Julie 13, 1934, as amended (40 U.S.C. CINATIONAL ADVISORY COUNCIL ON RMIONAL MEDICAL rROGR-X3fS Appointment of "SEC. 905. (a) The Surgeon General, -,vitli tl!e approval of the members. Secre without regard to the civil -service laws, a '-\Iatic ncil on Reiional Aledical Pro,-rams. The Coun of the Surgeoii-General, who shall be the chair- man and twelve members, not otherwise in the regular full-time eip 'oy of the United States, who are leaders in the fields of the f Idamental sciences the medical sciences, or public affairs. At least two of the appointed members shall be'prECcticing physicians, one shall be outsfECiiding in the study, diagnosis, or treatment of heart disease, one shall be outstanding in the @tudy, diagnosis, or tr&-itment of cancer, and one shall be oustanding in the study, diagnosis, or treatment of stroke. Tenn of office. "(b) Each appointed member of the Council shall hold office for a term of four years, except that any member appointed to, fill a vacancy prior to the expiration of the term for wlii-cfi his predecessor was al;p,6inted shall be appointed for the remainder of such term, and except that the terms o:C6ffice of the members first taking office Shall (-xpiie, as designated bv the Surgeon General at the tim@of appoint- nient, four at the end ;f the fi@t - four at the end of the second .year, year, and four at the end of the tliird year after the date of appoint- ment. Am appointed member shall n@t be eligible to serve continu- ously for more than two terms. Compensation. . "(c) Appointed members of the Council, while attending meet- inLrs or c6fiferences thereof or otherwise serving on business of the @uncil, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regul-,ir places of business they may be allowed travel expenses, including per them in lieu of subsistence. as authorized bv @tion 5 of the kd-ministrative 60 Stat. 808; Expenses Act of 1946 (5 U.S.C. @b-2) for persons in the Govern- 75 Stat. 339,340. ment service employed intermittently. Applications for 4c (d) The Council shall advise and assist the Surgeon General in the grants, rerom- preparation of regulations for, and as to policy matters arising with mendations. respect to, the adm- migration of this title. -The Council shall consider all applications for Lyrants under this title and shall make recommen- dati6lis to the Surg@on General with respect to approval of applica- t ions for and the tmounts of grants unde@tliis title. October 6, 1965 5 Pub. Law 89-239 79 SIAT. 930 @'SEc. 9(j6. The Sui-@reoii General, after coiisultLtioii with the ('ouii- cil, shall prescribe general regulations cox-eriiig the terms and coii- ditions foi approving al)plica tions for graiits under this title and the coordination of I)rogranis assisted under this title with programs for training, research, and demonstrations relating to the same diseases assisted or authorized under other titles of this Act or other Acts of Congress. CCINFOR3fAT70N ON SPECIAL TREATMENT AND TRAININ(. CYNTFRS "SEC. 907. The Surgeon General shall establish, iiid maintain oil I current basis, a list or lists of facilities in the United Stites equipped and staffed to provide the most advanced methods and teaciiiiiqties in the diianosis and treatment of heart disease, cancer, or stroke, together %vitli such related information, including the a%,,tilibilitN. of advanced specialty training in such facilities, as lie deciiis useful, ,iiid shall m-ake suili list or rists and related information readily able to licensed practitioners and other persons requiring such iiifor- Mation. To the-end of makin such list or lists and other iiiforyna- tion most useful, the I shall from time to time consult with interested iiatio I or,-aiiizatioiis. 4&@RT "SEC. 908. On or before June 30, 1967, the Sur(,reoii General, after Report to consultation with the Council, shall submit to the Secretary for trans- President -d @ion to the President and then to the Congress, a report of the Congress. activities under this title together with (1) a sta@emen't of the relation- ship between Federal financing and financing from other sources of the activities undertaken pursuant to this title (2) an aiFraisal of the activities assisted under this title in the ligh@t of their e activeness in carrvinLD- out the pur of this title, and (3) recommendations with @p@t to extension or modification of this title in the light thereof. C&RECORDS AND AUDIT "SEC. 909. (a) Each recipient of a grant under this title shall keep such records as the Surgeoii 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 under- taking in connection with which such grant is made or used, and the amount of that portion of the cost oY the project or undertaking supplied by other sources, and such records as will facilitate an effee- tive audit. "(b) The Secretary of Health, Education, and IN"elfare and the Comptroller General of the United States, or any of their duly author- ized 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 title .vhich are pertinent to any such grant." - SEC. 3. (a) Section 1 of the Public Health Service Act is amended 58 Stat. 682. to read as follows: "SEC'MON 1. Titles I to IX, inclusive, of this Act may be cited as 42 USC 201- the'Public Health Service Act'." 298b. Pub. Law 89-239 - 6 - October 6, 1965 79 STAT. 931 42 USC 201 (b) The Act of July 1, 19-1,4 (58 Stat. 6S2), as amended, is further note. amended by renumbering title IX (as in effect prior to the enactment of this Act) as title X, and by renumbering sections 901 through 914 (as in effect prior to the enactment of this Act), and references thereto, as sections 1001 through 1014, respectively. Approved October 6, 1965, 10:15 a.m. LEGISLATIVE TIISTORY, HOUSE REPORT No. 963 acoomparqing H. R. 3140 (Comm. on Interstate & Foreign Commerce). SENATE REPORT No. 368 (Conn. on Labor & Public Welfare). CONGRESSIONAL RECORD, Vol. 111 (1965): June 25, Considered in Senate. June 28: Considered and passed Senate. Sept. 23: H. R. 3140 considered in House. Sept. 24: Considered and passed House, amended, in lieu of H. R. 3140. Sept. 29: Senate concurred in House amendments. GPO 50. 1 39