An Act to amend the Public Health Service Act to authorize the assignment of commissioned officers of the Public Health Service to areas with critical medical manpower shortages, to encourage health personnel to practice in areas where shortages of such p
PL 91-623 (S.4106), enacted 12/31/1970

1868 
PUBLIC LAW 91-623-DEC. 31, 1970 
[84 STAT. 
December 31, 1970 
[S.4106] 
Emergency 
Health Personnel 
Act of 1970. 
58 Stat. 695; 
81 Stat. 539. 
42 u s e 248. 
Public Law 91-623 
AN ACT 
To amend the Public Health Service Act to authorize the assignment of com-
missioned oflScers of the Public Health Service to areas with critical medical 
manpower shortages, to encourage health personnel to practice in areas where 
shortages of such personnel exist, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^semhled^ That this Act may 
be cited as the "Emergency Health Personnel Act of 1970". 
SEC. 2. Part C of title I I I of the Public Health Service Act is 
amended by adding after section 328 the following new section: 
Facilities, 
utilization. 
ASSIGNMENT OF MEDICAL AND OTHER HEALTH PERSONNEL TO CRITICAL 
NEED AREAS 
"SEC. 329. (a) It shall be the function of an identifiable administra-
tive unit within the Service to improve the deliver^ of health services 
to persons living in communities and areas of the United States where 
health personnel and services are inadequate to meet the health needs 
of the residents of such communities and areas. 
"(b) Upon request of a State or local health agency or other public 
or nonprofit private health organization, in an area designated by 
the Secretary as an area w^ith a critical health manpower shortage, to 
have health personnel of the Service assigned to such area, and upon 
certification to the Secretary by the State and the district medical 
societies (or dental societies, or other appropriate health societies as 
the case may be) for that area, and by the local government for that 
area, that such health personnel are needed for that area, the Secre-
tary is authorized, whenever he deems such action appropriate, to 
assign commissioned officers and other personnel of the Service to 
provide, under regulations prescribed by the Secretary, health care 
and services for persons residing in such areas. Such care and services 
shall be provided in connection with (1) direct health care programs 
carried out by the Service; (2) any direct health care program carried 
out in whole or in part with Federal financial assistance; or (3) any 
other health care activity which is in furtherance of the purposes of 
this section. Any person who receives a service provided under this 
section shall be charged for such service at a rate established by the 
Secretary, pursuant to regulations, to recover the reasonable cost of 
providing such service; except that if such person is determined under 
regulations of the Secretary to be unable to pay such charge, the Secre-
tary may provide for the furnishing of such service at a reduced rate 
or without charge. If a Federal agency or a State or local government 
agency or other third party would be responsible for all or part of the 
cost of the service provided under this section if such service had not 
been provided under this section, the Secretary shall collect from such 
agency or third party the portion of such cost for which it would be so 
responsible. Any funds collected by the Secretary under this subsection 
shall be deposited in the Treasury as miscellaneous receipts. 
"(c) Commissioned officers and other personnel of the Service 
assigned to areas designated under subsection (b) shall not be included 
in determining whether any limitation on the number of personnel 
which may be employed by the Department of Health, Education, and 
Welfare has been exceeded. 
"(d) Notwithstanding any other provision of law, the Secretary, to 
the extent feasible, may make such arrangements as he determines 
necessary to enable officers and other personnel of the Service in pro-
viding care and services under subsection (b) to utilize the health 
facilities of the area to be served. If there are no such facilities in such 
84 STAT. ] 
PUBLIC LAW 91^23-DEC. 31, 1970 
1869 
area, the Secretary may arrange to have such care and services pro-
vided in the nearest health facilities of the Service or the Secretary 
may lease or otherwise provide facilities in such area for the provision 
of such care and services. 
"(e) (1) There is established a council to be known as the National ,,^J^'°co1^^^iCon 
Advisory Council on Health Manpower Shortage Areas (hereinafter Health Manpower 
in this section referred to as the 'Council'). The Council shall be com- ^J°ft,l!shSem^' 
posed of fifteen members appointed by the Secretary as follows: 
mlmbe'rship. 
" (A) Four members shall be appointed from the general public, 
representing the consumers of health care. 
"(B) Three members shall be aj)pointed from the medical, 
dental, and other health professions 
and health 
teaching 
professions. 
"(C) Three members shall be appointed from State health or 
health planning agencies. 
"(D) Three members shall be appointed from the Service, at 
least two of whom shall be commissioned officers of the Service. 
"(E) One member shall be appointed from the National Advi-
sory Council on Comprehensive Health Planning, 
"(F) One member shall be appointed from the National Advi-
sory Council on Regional Medical Programs. 
The Council shall consult with, advise, and make recommendations to, 
the Secretary with respect to his responsibilities in carrying out this 
section. 
"(2) Members of the Council shall be appointed for a term of three 
Term. 
years and shall not be removed, except for cause. Members may be 
reappointed to the Council. 
"(8) Appointed members of the Council, while attending meetings 
compensation. 
or conferences thereof or otherwise serving on the business of the 
Council, 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 regular places of busi-
ness they may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703(b) of title 5 of the United 
States Code for persons in the Government service employed inter- 
so stat. 499; 
mittently. 
83 stat. 190. 
" (f) It shall be the function of the Secretary— 
"(1) to establish guidelines with respect to how the Service 
shall be utilized in areas designated under this section; 
"(2) to select commissioned officers of the Service and other 
personnel for assignment to the areas designated under this sec-
tion; and 
"(3) to determine which communities or areas may receive 
assistance under this section taking into consideration— 
" (A) the need of the community or area for health services 
provided under this section; 
"(B) the willingness of the community or area and the 
appropriate governmental agencies therein to assist and 
cooperate with the Service in providing ejffective health 
services to residents of the community or area; 
"(C) the recommendations of any agency or organization 
which may be responsible for the development, under section 
314(b), of a comprehensive plan covering all or any part of 
the area or community involved; and 
"(D) recommendations from the State medical, dental, and 
other health associations and from other medical personnel 
of the community or area considered for assistance under this 
section. 
1870 
PUBLIC LAW 91-623-DEC. 31, 1970 
[84 STAT. 
Appropriation. 
58 Stat. 683; 
81 Stat. 539. 
42 u s e 202. 
"(g) To carry out the purposes of this section, there are autliorized 
to be appropriated $10,000,000 for the fiscal year ending June 30,1971; 
$20,000,000 for the fiscal year ending June 30, 1972; and $30,000,000 
for the fiscal year ending June 30, 1973.'' 
SEC. 4. Title II of the Public Health Service Act is amended by 
adding after section 223 the following new section: 
62 Stat. 933, 
983; 80 Stat. 306. 
Civil action, 
removal from 
State to district 
court. 
62 Stat. 869. 
28 use 1. 
eiaims, settle-
ment. 
80 Stat. 307. 
DEFENSE OF CERTAIN MALPRACTICE AND NEGLIGENCE SUITS 
"SEC. 223. (a) The remedy against the United States provided by 
sections 1346(b) and 2672 of title 28, or by alternative benefits pro-
vided by the United States where the availability of such benefits pre-
cludes a remedy under section 1346(b) of title 28, for damage for 
personal injury, including death, resulting from the performance of 
medical, surgical, dental, or related functions, including the conduct 
of clinical studies or investigation, by any commissioned officer or 
employee of the Public Health Service while acting within the scope 
of his office or employment, shall be exclusive of any other civil action 
or proceeding by reason of the same subject-matter against the officer 
or employee (or his estate) whose act or omission gave rise to the 
claim. 
"(b) The Attorney General shall defend any civil action or pro-
ceeding brought in any court against any person referred to in subsec-
tion (a) of this section (or his estate) for any such damage or injury. 
Any such person against whom such civil action or proceeding is 
brought shall deliver within such time after date of service or knowl-
edge of service as determined by the Attorney General, all process 
served upon him or an attested true copy thereof to his immediate 
superior or to whomever was designated by the Secretary to receive 
such papers and such person shall promptly furnish copies of the 
pleading and process therein to the United States attorney for the dis-
trict embracing the place wherein the proceeding is brought, to the 
Attorney General, and to the Secretary. 
"(c) Upon a certification by the Attorney General that the defend-
ant was acting in the scope of his employment at the time of the 
incident out of which the suit arose, any such civil action or proceeding 
commenced in a State court shall be removed w^ithout bond at any 
time before trial by the Attorney General to the district court of the 
United States of the district and division embracing the place wherein 
it is pending and the proceeding deemed a tort action brought against 
the United States under the provisions of title 28 and all references 
thereto. Should a United States district court determine on a hearing 
on a motion to remand held before a trial on the merit that the case so 
removed is one in which a remedy by suit within the meaning of sub-
section (a) of this section is not available against the United States, 
the case shall be remanded to the State Court: Provided^ That where 
such a remedy is precluded because of the availability of a remedy 
through proceedings for compensation or other benefits from the 
United States as provided by any other law, the case shall be dismissed, 
but in the event the running of any limitation of time for commenc-
ing, or filing an application or claim in, such proceedings for com-
pensation or other benefits shall be deemed to (have been suspended 
during the pendency of the civil action or proceeding under this 
section. 
"(d) The Attorney General may compromise or settle any claim 
asserted in such civil action or proceeding in the manner provided in 
section 2677 of title 28 and with the same effect. 
"(e) For purposes of this section, the provisions of section 2680(h) 
84 STAT. ] 
PUBLIC LAW 91-625-DEC. 31, 1970 
1871 
of title 28 shall not apply to assault or battery arising out of neglig:ence 
in the performance of medical, surgical, dental, or related functions, 
including the conduct of clinical studies or investigations. 
"(f) The Secretary or his designee may, to the extent that he deems 
appropriate, hold harmless or provide liability insurance for any 
officer or employee of the Public Health Service for damage for 
personal injiiry, including death, negligently caused by such officer 
or employee while acting within the scope of his office or employment 
and as a i-esult of the performance of medical, surgical, dental, or 
related functions, including the conduct of clinical studies or investi-
gations, if such employee is assigned to a foreign country or detailed 
to a State or political subdivision thereof or to a non-profit institution, 
and if the circumstances are such as are likely to preclude the remedies 
of third persons against the United States described in section 2679(b) 
of title 28, for such damage or injury." 
Approved December 31, 1970. 
62 Stat. 985. 
Liability in-
surance. 
80 Stat. 307. 
Public Law 91-624 
A N A C T 
December 3 1 , 1970 
To grant the consent of Congress to the city of Boston to construct, maintain, 
[H.R. I7750] 
and oi)erate a causeway and fixed-span bridge in Fort Point Channel, Boston, 
Massachusetts. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Amenca in Congress assembled, That the consent of chL'^eT b^'id 
Congress is hereby given to the city of Boston to construct, maintain, Boston, Masf.^' 
and operate a causeway and a fixed-span bridge in and over the water 
construction, 
of the Fort Point Channel, Boston, Massachusetts, lying between the '"^"*t^"^'i'=^' 
northeasterly side of the Summer Street highway bridge and the east-
erly side of the Dorchester Avenue highway bridge. 
SEC. 2. Work shall not be commenced on such bridge and causeway 
until the location and plans therefor are submitted to and approved 
by the Secretary of Transportation. 
SEC. 3. Any project heretofore authorized by an Act of Congress, 
insofar as such project relates to the above-described portions of Fort 
Point Channel, is hereby abandoned. 
SEC. 4. In approving the location and plans of any bridge, the 
Secretary of Transportation may impose any specific conditions relat-
ing to the maintenance and operation of the structure which may be 
deemed necessary in the interest of public navigation. 
Approved December 31, 1970. 
Public Law 91-625 
A N A C T 
December 31, 1970 
To designate the lake formed by the waters impounded by the Liliby Dam, 
[H. R. 7334] 
Montana, as "Lake Kooeanusa". 
Lake Kooeanusa, 
Mont. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of Amenca in Congress assembled, That the lake formed 
by the waters impounded by the Libby Dam in the State of Montana 
Designation 
shall hereafter be known as Lake Kooeanusa and any law, regulation, 
document, or record of the United States in which such lake is 
designated or referred to shall be held to refer to such lake mider and 
by the name of "Lake Kooeanusa". 
Approved December 31, 1970.