Public Law 96–538

Sec. 101.

Sec. 201.

Sec. 202.

Section 431(c) (42 U.S.C. 289a(c)) is repealed.

Sec. 203.

Sec. 204.

Sec. 205.

Sections 436, 437, and 440A (42 U.S.C. 289c–3, 289c–4, and 289c–8) are repealed, and the following section is inserted after section 435:

“Sec. 436. “interagency coordinating committees

(a)(a)

For the purpose of—

“(1)“(1)

better coordinating the research activities of all the national research institutes relating to arthritis, diabetes mellitus, and digestive diseases; and

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“(2)“(2)

coordinating those aspects of all Federal health programs and activities relating to such diseases to assure the adequacy and technical soundness of such programs and activities and to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities,

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Establishment.

the Secretary shall establish an Arthritis Interagency Coordinating Committee, a Diabetes Mellitus Interagency Coordinating Committee, and a Digestive Diseases Interagency Coordinating Committee (hereinafter in this section individually referred to as a ‘Committee’).

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“(b)“(b)

Each Committee shall be composed of the Directors (or their designees) of each of the national research institutes and divisions involved in research regarding the diseases with respect to which the Committee is established, the Associate Director of the National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases for the diseases for which the Committee is established, the chief medical director (or the director’s designee) of the Veterans’ Administration, and a medical officer designated by the Department of Defense, and shall include representation from all other Federal departments and agencies whose programs involve health functions or responsibilities relevant to such diseases, as determined by the Secretary. Each Committee shall be chaired by the Director of the National Institutes of Health (or the Director’s designee). Each Committee shall meet at the call of the chairman, but not less often than four times a year.

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“(c)“(c)

Each Committee shall prepare an annual report for—

“(1)“(1)

the Secretary,

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“(2)“(2)

the Director of the National Institutes of Health, and

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“(3)“(3)

the Advisory Board established under section 437 for the disease for which the Committee was established,

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detailing the work of the Committee in the fiscal year for which the report was prepared in carrying out the coordinating activities described in paragraphs (1) and (2) of subsection (a). Such report shall be submitted not later than the sixtieth day after the end of each fiscal year.”.

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Sec. 206.

Sections 436A and 440 (42 U.S.C. 289c–3a and 289c–7) are

Repeals.

repealed, and the following new section is inserted after the section added by section 205 of this title:

“Sec. 437. “diabetes, arthritis, and digestive diseases advisory boards

(a)(a)

The Secretary shall establish the National Arthritis

Establishment.

42 USC 289c–4.

Advisory Board, the National Diabetes Advisory Board, and the National Digestive Diseases Advisory Board (hereinafter in this section individually referred to as an ‘Advisory Board’).

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“(b)“(b)

Each Advisory Board shall be composed of eighteen appointed members and nonvoting, ex officio members as follows:

“(1)“(1)

The Secretary shall appoint—

“(A)“(A)

twelve members from individuals who are scientists, physicians, and other health professionals, who are not officers or employees of the United States, and who represent the specialities and disciplines relevant to the diseases with respect to which the Advisory Board is established; and

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“(B)“(B)

six members from the general public who are knowledgeable with respect to such diseases, including at least one member who is a person who suffers from the disease and one member who is a parent of a person who suffers from the disease.

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Of the appointed members, at least five shall by virtue of training or experience be knowledgeable in health education, nursing, data systems, public information, or community program development.

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“(2)“(2)

The following shall be ex officio members of each Advisory Board: The Assistant Secretary for Health, the Director of the National Institutes of Health, the Director of the National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases, the Director of the Center for Disease Control, the chief medical director oi the Veterans’ Administration, a medical officer designated by the Department of Defense (or the designees of such ex officio members), the Associate Director of the National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases for the diseases for which the Board is established, and such other officers and employees of the United States as the Secretary deems necessary for the Advisory Board to carry out its functions. In the case of the National Diabetes Advisory Board, the following shall also be ex officio members: The Director of the National Heart, Lung, and Blood Institute, the Director of the National Eye Institute, the Director of the National Institute of Child Health and Human Development, the Administrator of the Health Resources Administration, and the Administrator of the Health Services Administration (or their designees of such ex officio members).

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“(c)“(c)

Members of an Advisory Board who are officers or employees of the Federal Government shall serve as members of the Advisory Board without compensation in addition to that received in their regular public employment. Other members of the Board shall

Compensation.

receive compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS–18 of the General Schedule for

5 USC 5332 note.

each day (including traveltime) they are engaged in the performance of their duties as members of the Board.

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“(d)“(d)

The term of office of an appointed member of an Advisory Board is three years, except that no term of office may extend beyond the expiration of the Advisory Board. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member’s term until a successor has taken office. If a vacancy occurs in an Advisory Board, the Secretary shall make an appointment to fill the vacancy not later than ninety days from the date the vacancy occurs. In the case of the National Diabetes Advisory Board and the National Arthritis Advisory Board, six of the members of each such Advisory Board whose terms expired on September 30, 1980, shall be reappointed for a term of three years.

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“(e)“(e)

The members of each Advisory Board shall select a chairman from among the appointed members.

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“(f)“(f)

The Secretary shall, after consultation with and consideration of the recommendations of an Advisory Board, provide the Advisory Board with an executive director and one other professional staff member. In addition, the Secretary shall, after consultation with and consideration of the recommendations of the Advisory Board, provide the Advisory Board with such additional professional staff members, such clerical staff members, and (through contracts or other arrangements) with such administrative support services and facilities, such information, and such services of consultants, as the Secretary determines are necessary for the Advisory Board to carry out its functions.

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“(g)“(g)

Each Advisory Board shall meet at the call of the chairman or upon request of the Director of the National Institute for Arthritis, Diabetes, and Digestive and Kidney Diseases, but not less often than four times a year.

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“(h)“(h)

Each Advisory Board shall—

“(1)“(1)

review and evaluate the implementation of the plan

Ante, p. 3185.

referred to in section 434(e) regarding the diseases with respect to which the Advisory Board was established;

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“(2)“(2)

periodically update the plan referred to in paragraph (1) to ensure its continuing relevance;

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“(3)“(3)

for the purpose of assuring the most effective use and organization of resources respecting such diseases, advise and make recommendations to Congress, the Secretary, the Director of the National Institutes of Health, the Director of the National Institute for Arthritis, Diabetes, and Digestive and Kidney Diseases, and the heads of other appropriate Federal agencies for the implementation of such plan; and

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“(4)“(4)

maintain liaison with other advisory bodies related to Federal agencies involved in the implementation of such plan, the Coordinating Committee for such diseases, and with key non-Federal entities involved in activities affecting the control of such diseases.

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“(i)“(i)

In carrying out its functions, the Advisory Board may establish subcommittees, convene workshops and conferences, and collect data. Such subcommittees may be composed of Advisory Board members and nonmember consultants with expertise in the particular area addressed by such subcommittees. The subcommittees may hold such meetings as are necessary to enable them to carry out their activities.

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“(j)“(j)

Each Advisory Board shall submit to the Secretary and Congress an annual report which—

“(1)“(1)

describes the Advisory Board’s activities in the fiscal year for which the report is made;

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“(2)“(2)

describes and evaluates the progress made during such year in research, treatment, education, and training with respect to the diseases with respect to which the Advisory Board was established;

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“(3)“(3)

summarizes and analyzes expenditures made by the Federal Government for activities respecting such diseases in the fiscal year for which the report is made; and

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“(4)“(4)

contains the Advisory Board’s recommendations, if any, for changes in the plan referred to in subsection (h)(1).

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“(k)“(k)

For each Advisory Board there is authorized to be appropriated

Appropriation authorization.

$300,000 for the fiscal year ending September 30, 1981; $300,000 for the fiscal year ending September 30, 1982; and $300,000 for the fiscal year ending September 30, 1983.

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“(l)“(l)

Each Advisory Board shall expire on September 30, 1983.”.

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Sec. 207.

Sec. 208.

Sec. 209.

The following section is inserted after section 439:

“Sec. 440. “information and education center for digestive diseases

The Secretary, acting through the Director of the

Establishment.

42 USC 289c–7.

National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases, shall establish an information and education center for digestive diseases (1) to identify, collect, analyze, and disseminate information respecting the diseases, and (2) to serve as a national educational resource for patients with such diseases and their families, physicians, and other health professionals.”.

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Sec. 301.

The second sentence of section 1501(b)(1) (42 U.S.C. 300k–1(b)(1)) is amended by striking out “in” and inserting in lieu thereof “including those in”.

Sec. 302.

Effective with respect to fiscal years beginning after September 30, 1981, section 1516(d)(3) (42 U.S.C. 3001–5(d)(3)) is amended to read as follows:

“(3)“(3)

Notwithstanding subsection (c)(1), if the total of the amounts appropriated under paragraph (1) for any fiscal year (reduced by the amount to be retained by the Secretary for use under paragraph (2)) is less than the amount required to make grants to each health systems

42 USC 300l–4.

agency designated under section 1515(c) in the amount prescribed for such agency by subsection (c)(1), the Secretary shall make a pro rata

Grant, pro-rata reduction.

reduction in the amount of the grant to each such agency as follows:

“(A)“(A)

The Secretary shall compute the amount of the grant each such agency would be entitled to receive under such subsection if the dollar limit prescribed by subparagraph (A)(ii) of such subsection did not apply.

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“(B)“(B)

The Secretary shall reduce on a pro rata basis the amount of the grant to each such agency computed under subparagraph (A) of this paragraph so that the total amount of such grants equals the total of the amounts appropriated for such fiscal year (as so reduced), except that—

“(i)“(i)

the amount of the grant to any such agency may not exceed $3,750,000,

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“(ii)“(ii)

to the extent of available appropriations, no such agency shall receive a grant in an amount less than the amount prescribed by subparagraph (C) of subsection (c)(1) for such fiscal year, and

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“(iii)“(iii)

if the total of the appropriations for the fiscal year ending September 30, 1982, for such grants—

“(I)“(I)

is equal to or greater than the total of the appropriations for such grants for the preceding fiscal year, no such agency shall receive a grant in an amount less than the amount of the grant it received in such preceding fiscal year unless the population of the area for which it is designated has decreased, unless the level of non-Federal funds on which its grant is computed had decreased, or unless the amount available for its grant is decreased because of an increase in the minimum grant prescribed by subsection (c)(1)(C), or

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“(II)“(II)

is less than the total of the appropriations for such grants for the preceding fiscal year, no such agency shall receive a grant in an amount greater than the amount of the grant it received in such preceding fiscal year unless the population of the area for which it is designated has increased, unless the level of non-Federal funds on which its grant is computed has increased, or unless the amount of its grant is increased under subsection (c)(1)(C).”.

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Sec. 303.

Sec. 304.

Section 124(c) of Public Law 96–79 (93 Stat. 627) is

42 USC 300m–3.

amended to read as follows:

“(c)“(c)

(1)(1)

Section 1524(b)(1)(C) is amended by striking out ‘one-third’

42 USC 300m–3.

and inserting in lieu thereof ‘one-half’.

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“(2)“(2)

Section 1524(b)(1)(D) is amended (A) by striking out ‘two’ and inserting in lieu thereof ‘one’, and (B) by striking out ‘an ex officio’ and inserting in lieu thereof ‘a nonvoting, ex officio’.”.

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Sec. 305.

The first sentence of section 1524(c)(6) (42 U.S.C. 300m–3(c)(6)) is amended by striking out “section 409” and inserting in lieu thereof “section 409 or 410”.

Sec. 306.

Section 1527(b)(3)(B) (42 U.S.C. 300m–6(b)(3)(B)) is

Certificate of need program.

amended (1) by striking out “that (i)” and inserting in lieu thereof “that”, (2) by striking out which intends to acquire the controlling interest or which intends to use the facility is” and inserting in lieu thereof “which intends to acquire the controlling interest in or use the facility is (i)”, (3) by striking out “and (ii)” and inserting in lieu thereof “and”, and (4) by striking out “or the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (1)” and inserting in lieu thereof “, or (ii) a health care facility which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (B) of paragraph (1) and with respect to its patients meets the requirements of clause (iv) of such subparagraph”.

Sec. 307.

Section 1527 (42 U.S.C. 300m–6) is amended by adding at the end the following new subsection:

“(h)“(h)

(1)(1)

Subsection (a) does not require a certificate of need program

Major medical equipment; acquisition, conditions.

to require a health care facility to obtain a certificate of need for the acquisition of major medical equipment to be used solely for research, institutional health services to be offered solely for research, or the obligation of a capital expenditure to be made solely for research if the acquisition, offering, or obligation does not—

“(A)“(A)

affect the charges of the facility for the provision of medical or other patient care services other than the services which are included in the research;

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“(B)“(B)

substantially change the bed capacity of the facility; or

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“(C)“(C)

substantially change the medical or other patient care services of the facility which were offered before the acquisition, offering, or obligation.

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“(2)“(2)

(A)(A)

Before a health care facility acquires major medical equipment

State Agency of the State, notification.

to be used solely for research, offers an institutional health service solely for research, or obligates a capital expenditure solely for research, such health care facility shall notify in writing the State Agency of the State in which such facility is located of such facility’s intent and the use to be made of such medical equipment, institutional health service, or capital expenditure.

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“(B)“(B)

Paragraph (1) does not apply with respect to the acquisition of major medical equipment, the offering of institutional health services, or the obligation of a capital expenditure if—

“(i)“(i)

the notice required by subparagraph (A) is not filed with the State Agency with respect to such acquisition, offering, or obligation, or

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“(ii)“(ii)

the State Agency finds, within 60 days after the date it receives a notice in accordance with subparagraph (A) respecting the acquisition, offering, or obligation, that the acquisition, offering, or obligation will have the effect or make a change described in subparagraph (A), (B), or (C) of paragraph (1).

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“(3)“(3)

If major medical equipment is acquired, an institutional health service is offered, or a capital expenditure is obligated and a certificate of need is not required for such acquisition, offering, or obligation as provided in paragraph (1), such equipment or service or equipment or facilities acquired through the obligation of such capital expenditure may not be used in such a manner as to have the effect or to make a change described in subparagraph (A), (B), or (C) of paragraph (1) unless the State Agency issues a certificate of need approving such use.

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“(4)“(4)

For purposes of this subsection, the term ‘solely for research’ includes patient care provided on an occasional and irregular basis and not as part of a research program.”.

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Sec. 308.

The last sentence of section 1531(3) (42 U.S.C. 300n(3)) is amended (1) by striking out “An individual” and inserting in lieu thereof “Notwithstanding subparagraph (B), an individual”, and (2) by striking out “an entity” and inserting in lieu thereof “one or more entities”.

Sec. 309.

Section 1531(5) (42 U.S.C. 300n(5)) is amended by striking out “maintained or developed by the Department of Commerce and”.

Sec. 310.

Section 1532(h)(12)(D) (42 U.S.C. 300n–1(b)(12)(D)) is amended by striking out “administratively”.

Sec. 401.

The first sentence of section 728(a) (42 U.S.C. 294a(a)) is amended by inserting a comma before the period and the following: “and for the next fiscal year”.

Sec. 402.

Sec. 403.

Sec. 404.

Section 212(j)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(j)(2)(A)) is amended by striking out “1980” and inserting in lieu thereof “1981”.

Sec. 501.