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(c) The Surgeon General is authorized to use the services of any member or members of the Council, and where appropriate, any member or members of the Federal Hospital Council, the National Advisory Health Council or the other national advisory councils referred to in section 217 of this Act, in connection with matters related to the administration of this title, for such periods, in addition to conference periods, as he may determine. The Surgeon General shall, in addition, make appropriate provision for consultation between and coordination of the work of the Council, the Federal Hospital Council, the National Advisory Health Council and such other national advisory councils, with respect to matters bearing on the purposes and administration of this title.

(d) Appointed members of the Council, while attending conferences or meetings of the Council or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not exceeding $50 per diem, including travel time, and while 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 law (5 U. S. C. 73b-2) for persons in the Government service employed intermittently.

Authorization of Appropriations

Sec. 704. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1957, and for each of the two succeeding fiscal years, not to exceed $30,000,000, for making grants-in-aid for the construction of facilities for research in the sciences related to health; and any sums appropriated pursuant to this section shall remain available until expended.

Approval of Applications

Sec. 705. (a) Applications for grants under this title shall be made not later than June 30, 1958.

(b) To be eligible to apply for a grant under this title, 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 title 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

(1) the applicant meets the eligibility conditions set forth in subsection (b);

(2) 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 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 for which it is being constructed; and

(3) 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.

(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 reasonable time and upon such other reasonable terms and conditions 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 in the sciences related to health, in improving the quality of such research, 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).

Amount of Grant; Payments

Sec. 706. (a) The amount of any grant made under this title shall be that recommended by the Council or such lesser amount 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, or in the case of a multipurpose facility, 50 per centum of that part of the necessary cost of construction which the Surgeon General determines to be proportionate to the contemplated use of the facility for research in the sciences related to health.

(b) Upon approval of any application for a grant under this title, 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 reimbursement, 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 title, 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 authorized under this title, and (2) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant.

Recapture of Payments

or

Sec. 707. If, within ten years after completion of any construction for which funds have been paid under this title-

(a) the applicant or other owner of the facility shall cease to be a public or nonprofit institution,

(b) the facility shall cease to be used for the research 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 Institutions

Sec. 708. Except as otherwise specifically provided in this title, nothing contained in this title shall be construed as authorizing any department, agency, of ficer, 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 conducted by, and the personnel or administration of, any institution.

Regulations

Sec. 709. (a) Within six months after the enactment of this title, 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 title.

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 title 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 title in the light of its adequacy to meet the long-term 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.

TITLE VIII OF PUBLIC LAW 410, 78th CONGRESS, as amended /

Title VIII.-Temporary and Emergency Provisions and Amendments and Repeals

Existing Positions, Procedures, and So Forth

42 USC 201, NOTE

Sec. 801. (a) The provisions of this Act shall not affect the term or tenure of office or employment of the Surgeon General, or of any officer or employee of the Service, or of any member of the National Advisory Health Council or the National Advisory Cancer Council, in office or employed at the time of its enactment.

(b) Notwithstanding the provisions of this Act, existing positions, divisions, committees, and procedures in the Service shall continue unless and until abolished, changed, or transferred pursuant to authority granted in this Act.

Existing Regulations, and So Forth

42 USC 201, NOTE

Notwithstanding the provisions of this Act, existing rules, regulations of or applicable to the Service, and Executive orders, shall remain in effect until repealed, or until modified or superseded by regulations made in accordance with the provisions of this Act.

Funds, Appropriations, and Property

42 USC 201, NOTE

Sec. 803. All appropriations, allocations, and other funds, and all properties available for use by the Public Health Service or any division or unit thereof shall continue to be available to the Service.

42 USC Appropriations for Emergency Health and Sanitation Activities 201, NOTE

Sec. 804. For each fiscal year during the continuance of the present war and during any period of demobilization after the war, there is hereby authorized to be appropriated such sum as may be necessary to enable the Surgeon General, either directly or through State health authorities, to conduct health and sanitation activities in areas adjoining military or naval reservations within or without the United States, in areas where there are concentrations of military or naval forces, in Government and private industrial plants engaged in defense work, and in areas adjoining such industrial plants. 21

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Sec. 805. (a) Section 7 of the Act of September 7, 1916, entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes", as amended (U.S.C., 1940 edition, title 5, sec. 757), is amended by changing the period at the end thereof to a colon and adding the following: "PROVIDED, That whenever any person is entitled to receive any benefits under this Act by reason of his injury. or by reason of the death of an employee, as defined in section 40, and is also entitled to receive from the United States any payments or benefits (other than the proceeds of any insurance policy), by reason of such injury or death under any other Act of Congress, because of service by him (or in the case of death, by the

V This Act further amended by section 3 of PL 835, 84 th Congress, to renumber title VII

as title VIII, and to renumber sections 701 through 714, and references thereto, as

sections 801 through 814, respectively. 2 Under section 3 of FL 239, 80th Congress, the date of July 25, 1947, is deemed, for

purposes of this section, to be the date of the termination of "any state of war heretofore declared by the Congress".

deceased) as an employee, as so defined, such person shall elect which benefits he shall receive. Such election shall be made within one year after the injury or death, or such further time as the Commission may for good cause allow, and when made shall be irrevocable unless otherwise provided by law."

(b) The definition of the term "employee" in section 40 of such Act of September 7, 1916, as amended (U.S.C., 1940 edition, title 5, sec. 790), is amended to read as follows:

“The term 'employee' includes all civil employees of the United States and 5 USC of the Panama Railroad Company, commissioned officers of the Regular Corps of

790 (b) the Public Health Service, officers in the Reserve of the Public Health Service on active duty, and all persons, other than independent contractors and their employees, employed on the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the Act entitled 'An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin,' approved March 28, 1908, as amended, or any other Act relating to tribal timber and logging operations on the Menominee Reservation.'

(c) * * * * * * * * * 1/

(d) In the case of death of a commissioned officer of the Service which 5 USC occurred after December 7, 1941, and prior to November 11, 1943, the rights provided to surviving beneficiaries by section 10 of the Public Health Service Act of 1943 shall continue notwithstanding the repeal of that Act. Such beneficiaries, in addition to the right to receive six months' pay, shall have the same right of election and of revising elections as is provided by subsection (c) of this section, except that in case of a revised election no deduction shall be made on account of such six months' pay.

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800

Sec. 806.

21

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2

Sec. 807.

Patients of Saint Elizabeths Hospital in Public Health Service Hospitals

42 USC 222, NOTE

Sec. 808. Insane patients entitled to treatment in Saint Elizabeths Hospital who may heretofore or hereafter, during the continuance of the present war, or during the period of six months thereafter, have been admitted to hospitals of the Service, may continue to be cared for and treated in such hospitals notwithstanding the termination of such period.

Sec. 809.

1. This subsection was repealed, effective one year after July 25, 1947, by section

2(c) of PL 239, 80th Congtess. 2/ These sections were repealed by sections 2 and 5 of PL 492, 84 th Congress. 3 This section was repealed, effective July 25, 1947, by section 1 of PL 239, 80th

Congress.

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