Nurse Education Amendments of 1985
PL 99-92 (H.R.2370), enacted 08/16/1985

PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 393 
Public Law 99-92 
99th Congress 
An Act 
To amend the Public Health Service Act to extend the programs of assistance 
for nurse education. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Nurse Education Amendments of 1985". 
REFERENCE 
SEC. 2. Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Public 
Health Service Act. 
SPECIAL PROJECTS 
SEC. 3. (a) Section 820(a) is amended— 
(1) by striking out "or" after the semicolon in paragraph (4); 
(2) by striking out the period at the end of paragraph (5) and 
inserting in lieu thereof a semicolon; and 
(3) by inserting after paragraph (5) the following: 
"(6) demonstrate clinical nurse education programs which 
combine educational curricula and clinical practice in health 
care delivery organizations, including acute care facilities, long-
term care facilities, and ambulatory care facilities; 
"(7) demonstrate methods to improve access to nursing serv-
ices in noninstitutional settings through support of nursing 
practice arrangements in communities; or 
"(8) demonstrate methods to encourage nursing graduates to 
practice in health manpower shortage areas (designated under 
section 332) in order to improve the specialty and geographical 
distribution of nurses in the United States.". 
(b) Section 820(d) is amended— 
(1) by striking out the first sentence and inserting in lieu 
thereof: "(1) For payments under grants and contracts under 
paragraphs (1) through (5) of subsection (a), there are authorized 
to be appropriated $9,500,000 for the fiscal year ending Septem-
ber 30, 1986, $9,500,000 for the fiscal year ending September 30, 
1987, and $9,500,000 for the fiscal year ending September 30, 
1988."; 
(2) by striking out "this subsection" in the second sentence 
and inserting in lieu thereof "this paragraph"; 
(3) by striking out "1981," in such sentence and inserting in 
lieu thereof "1985,"; and 
(4) by adding at the end thereof the following new paragraph: 
"(2) For payments under grants and contracts under paragraphs 
(6), (7), and (8) of subsection (a), there are authorized to be appro-
Aug. 16, 1985 
[H.R. 2370] 
Nurse Education 
Amendments of 
1985. 
42 u s e 201 note. 
42 u s e 296k. 
Health and 
medical care. 
42 u s e 254e. 
99 STAT. 394 
PUBLIC LAW 99-92—AUG. 16, 1985 
42 u s e 296Z. 
priated $2,700,000 for the fiscal year ending September 30, 1986, 
$2,700,000 for the fiscal year ending September 30, 1987, and 
$2,700,000 for the fiscal year ending September 30, 1988. In making 
grants and entering into contracts with amounts appropriated 
under this paragraph, the Secretary shall give priority to applica-
tions for grants and contracts under paragraph (7) of sub-
section (a).". 
ADVANCED NURSE EDUCATION 
SEC. 4. Section 821 is amended to read as follows: 
Contracts. 
Grants. 
Schools and 
colleges. 
42 u s e 296m. 
Grants. 
Gontracts. 
Schools and 
colleges. 
Hospitals. 
Education. 
42 u s e 254e. 
ADVANCED NURSE EDUCATION 
"SEC. 821. (a) The Secretary may make grants to and enter into 
contracts with public and private nonprofit collegiate schools of 
nursing to meet the costs of projects to— 
"(1) plan, develop, and operate, 
"(2) expand, or 
"(3) maintain, 
programs which lead to masters' and doctoral degrees and which 
prepare nurses to serve as nurse educators, administrators, or 
researchers or to serve in clinical nurse specialties determined by 
the Secretary to require advanced education. 
"(b) For payments under grants and contracts under this section, 
there are authorized to be appropriated $16,500,000 for the fiscal 
year ending September 30, 1986, $17,000,000 for the fiscal year 
ending September 30, 1987, and $17,500,000 for the fiscal year 
ending September 30,1988.". 
NURSE PRACTITIONER AND NURSE MIDWIFE PROGRAMS 
SEC. 5. (aXD Paragraph (1) of section 822(a) is amended to read as 
follows: 
"(1) The Secretary may make grants to and enter into contracts 
with public or nonprofit private schools of nursing and public 
health, public or nonprofit private schools of medicine which re-
ceived grants or contracts under this subsection prior to October 1, 
1985, public or nonprofit private hospitals, and other public or 
nonprofit private entities to meet the cost of projects to— 
"(A) plan, develop, and operate, 
"(B) expand, or 
"(C) maintain, 
programs for the education of nurse practitioners and nurse mid-
wives. The Secretary shall give special consideration to applications 
for grants or contracts for programs for the education of nurse 
practitioners and nurse midwives who will practice in health man-
power shortage areas (designated under section 332) and for the 
education of nurse practitioners which emphasize education respect-
ing the special problems of geriatric patients and education to meet 
the particular needs of nursing home patients and patients who are 
confined to their homes.". 
(2) Paragraph (2) of such section is amended— 
(A) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) For purposes of this section, the term 'programs for the 
education of nurse practitioners and nurse midwives' means edu-
cational programs for registered nurses (irrespective of the type of 
PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 395 
school of nursing in which the nurses received their training) which 
meet guidelines prescribed by the Secretary in accordance with 
subparagraph (B) and which have as their objective the education of 
nurses (including pediatric and geriatric nurses) who will, upon 
completion of their studies in such programs, be qualified to effec-
tively provide primary health care, including primary health care in 
homes and in ambulatory care facilities, long-term care facilities 
(where appropriate), and other health care institutions."; 
(B) by striking out "training" in the first sentence of subpara-
graph (B) and inserting in lieu thereof "education"; and 
(C) by inserting "and nurse midwives" before the period in the 
first sentence of subparagraph (B). 
(b) Section 822(b) is amended— 
(1) by striking out "nursing, medicine, and public health," in 
paragraph (1) and inserting in lieu thereof "nursing and public 
health, schools of medicine which received grants or contracts 
under this subsection prior to October 1,1985,"; 
(2) by inserting "and nurse midwives" before the period in the 
first sentence of paragraph (1); 
(3) by inserting "or nurse midwife" after "practitioner" in 
paragraph (3); and 
(4) by inserting "or in a public health care facility" before "for 
a period" in paragraph (3). 
(c) Section 822(c) is amended— 
(1) by striking out "training" and inserting in lieu thereof 
"education"; and 
(2) by inserting 
"and 
nurse 
midwives" after 
"nurse 
practitioners". 
(d) Section 822 is further amended by striking out subsection (d) 
and by redesignating subsection (e) as subsection (d). 
(e) Section 822(d) (as redesignated by subsection (d) of this section) 
is amended to read as follows: 
"(d) For payments under grants and contracts under this section, 
there are authorized to be appropriated $12,000,000 for the fiscal 
year ending September 30, 1986, $12,000,000 for the fiscal year 
ending September 30, 1987, and $12,000,000 for the fiscal year 
ending September 30,1988.". 
(f) The heading for section 822 is amended to read as follows: 
42 u s e 296m. 
NURSE PRACTITIONER AND NURSE MIDWIFE PROGRAMS 
TRAINEESHIPS FOR ADVANCED EDUCATION OF PROFESSIONAL NURSES 
SEC. 6, (a) Paragraph (1) of section 830(a) is amended to read as 
follows: 
"(1)(A) The Secretary may make grants to public or nonprofit 
private schools of nursing and public health, public or nonprofit 
private hospitals, and other public or nonprofit private entities to 
cover the cost of traineeships for nurses in masters' degree and 
doctoral degree programs in order to educate such nurses to— 
"(i) serve in and prepare for practice as nurse practitioners, 
"(ii) serve in and prepare for practice as nurse administrators, 
nurse educators, and nurse researchers, or 
"(iii) serve in and prepare for practice in other professional 
nursing specialties determined by the Secretary to require ad-
vanced education. 
42 u s e 297. 
Grants. 
Schools and 
colleges. 
Hospitals. 
51-194 O 
QL. 3 
Part 1 
99 STAT. 396 
PUBLIC LAW 99-92—AUG. 16, 1985 
Grants. 
Schools and 
colleges. 
42 use 297. 
Grants. 
Schools and 
colleges. 
"(B) The Secretary may make grants to public and private non-
profit schools of nursing and appropriate public and private non-
profit entities to cover the cost of traineeships to educate nurses to 
serve in and prepare for practice as nurse midwives.". 
(b) Section 830 is further amended— 
(1) by redesignating subsection (b) as subsection (c); 
(2) by striking out the first sentence of such subsection and 
inserting in lieu thereof the following: 
"(1) There are authorized to be appropriated for the purposes of 
subsection (a) $11,500,000 for the fiscal year ending September 30, 
1986, $12,250,000 for the fiscal year ending September 30, 1987, and 
$13,000,000 for the fiscal year ending September 30,1988."; 
(3) by striking out the second sentence of such subsection; 
(4) by striking out "subsection (aXlXC)" in the third sentence 
and inserting in lieu thereof "subsection (aXlXAXi)"; 
(5) by adding at the end of such subsection the following new 
paragraph: 
"(2) There are authorized to be appropriated for the purposes of 
subsection (b) $1,100,000 for the fiscal year ending September 30, 
1986, $1,100,000 for the fiscal year ending September 30, 1987, and 
$1,100,000 for the fiscal year ending September 30,1988."; 
(6) by inserting after subsection (a) the following new sub-
section: 
"0)) The Secretary may make grants to public or private nonprofit 
schools of nursing to cover the costs of post-baccalaureate fellow-
ships for faculty in such schools to enable such faculty to— 
"(1) investigate cost-effective alternatives to traditional 
health care modalities, with special attention to the needs of at-
risk populations, such as the elderly, premature infants, 
physically and mentally disabled individuals, and ethnic and 
minority groups; 
"(2) examine nursing interventions that result in positive 
outcomes in health status, with attention to interventions 
which address family violence, drug and alcohol abuse, the 
health of women, adolescent care, and disease prevention; and 
"(3) address other areas of nursing practice considered by the 
Secretary to require additional study."; and 
(7) by striking out "TRAINING" in the section heading and 
inserting in lieu thereof "EDUCATION". 
42 use 297-1. 
Grants. 
Schools and 
colleges. 
NURSE ANESTHETISTS 
SEC. 7. (a) Section 831(aXl) is amended by striking out "Commis-
sioner" and inserting in lieu thereof "Secretary". 
O
t
>
) Section 831 is further amended by redesignating subsection (b) 
as subsection (c) and by inserting after subsection (a) the following 
new subsection: 
"(b) The Secretary may make grants to public or private nonprofit 
institutions to cover the cost of projects to improve existing pro-
grams for the education of nurse anesthetists which are accredited 
by an entity or entities designated by the Secretary of Education. 
Such grants shall include grants to such institutions for the purpose 
of providing financial assistance and support to certified registered 
nurse anesthetists who are faculty members of accredited programs 
to enable such nurse anesthetists to obtain advanced education 
relevant to their teaching functions.". 
PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 397 
(c) Section 831(c) (as redesignated by subsection (b) of this section) 
Ante, p. 396. 
is amended to read as follows: 
"(c) For the purpose of making grants under this section, there are 
authorized to be appropriated $800,000 for the fiscal year ending 
September 30, 1986, $800,000 for the fiscal year ending September 
30,1987, and $800,000 for the fiscal year ending September 30,1988. 
Not more than 2() percent of the amount appropriated under this 
section for any fiscal year shall be obligated for grants under the 
second sentence of subsection (b).". 
(d) The section heading for such section is amended by striking out 
"TRAINEESHIPS FOR TRAINING OF". 
STUDENT LOANS 
SEC. 8. (a) Section 835 is amended by adding at the end thereof the 
Schools and 
following new subsection: 
^O^T^I^^' 
"(c)(1) Any standard established by the Secretary by regulation for 
^^ ^°^ ^^^^ 
the collection by schools of nursing of loans made pursuant to loan 
agreements under this subpart shall provide that the failure of any 
such school to collect such loans shall be measured in accordance 
with this subsection. 
"(2) The measurement of a school's failure to collect loans made 
under this subpart shall be the ratio (stated as a percentage) that 
the defaulted principal amount outstanding of such school bears to 
the matured loans of such school. 
"(3) For purposes of this subsection— 
"(A) the term 'default' means the failure of a borrower of a 
loan made under this subpart to— 
"(i) make an installment payment when due; or 
"(ii) comply with any other term of the promissory note 
for such loan, 
except that a loan made under this subpart shall not be consid-
ered to be in default if the loan is discharged in bankruptcy or if 
the school reasonably concludes from written contacts with the 
borrower that the borrower intends to repay the loan; 
"(B) the term 'defaulted principal amount outstanding' means 
the total amount borrowed from the loan fund of a school that 
has reached the repayment stage (minus any principal amount 
repaid or cancelled) on loans— 
s^ 
"(i) repayable monthly and in default for at least 120 
days; and 
"(ii) repayable less frequently than monthly and in de-
fault for at least 180 days; 
"(C) the term 'grace period' means the period of one year 
beginning on— 
"(i) the date on which the borrower ceases to pursue a 
full-time or half-time course of study at a school of nursing; 
or 
"(ii) the date on which ends any period described in 
clause (A) or (B) of section 836(b)(2) which is applicable to 42 use 297b. 
such borrower, 
whichever is later; and 
"(D) the term 'matured loans' means the total principal 
amount of all loans made by a school of nursing under this 
subpart minus the total principal amount of loans made by such 
school to students who are— 
99 STAT. 398 
PUBLIC LAW 99-92—AUG. 16, 1985 
"(i) enrolled in a full-time or half-time course of study at 
such school; or 
"(ii) in their first grace period.". 
42 use 297b. 
(b) Section 836(bXl) is amended— 
(1) by striking out "and" before "(B)"; and 
(2) by inserting before the period a comma and "and (C) if a 
student who will enroll in the school after June 30, 1986, is of 
exceptional financial need (as defined by regulations of the 
Secretary)". 
(c) Section 836(f) is amended— 
(1) by inserting "and in accordance with this section" after 
"Secretary" in the first sentence; 
(2) by striking out "may" in such sentence and inserting in 
lieu thereof "shall"; and 
(3) by striking out the second sentence and inserting in lieu 
thereof the following: "No such charge may be made if the 
payment of such installment or the filing of such evidence is 
made within 60 days after the date on which such installment 
or filing is due. The amount of any such charge may not exceed 
an amount equal to 6 percent of the amount of such 
installment.". 
(d) Section 836 is amended by adding at the end thereof the 
following new subsection: 
"(k) The Secretary is authorized to attempt to collect any loan 
which was made under this subpart, which is in default, and which 
was referred to the Secretary by a school of nursing with which the 
Secretary has an agreement under this subpart, on behalf of that 
school under such terms and conditions as the Secretary may pre-
scribe (including reimbursement from the school's student loan fund 
for expenses the Secretary may reasonably incur in attempting 
collection), but only if the school has complied with such require-
ments as the Secretary may specify by regulation with respect to the 
collection of loans under this subpart. A loan so referred shall be 
treated as a debt subject to section 5514 of title 5, United States 
Code. Amounts collected shall be deposited in the school's student 
loan fund. Whenever the Secretary desires the institution of a civil 
action regarding any such loan, the Secretary shall refer the matter 
to the Attorney General for appropriate action.". 
42 use 297d. 
(e) Section 838 is amended by striking out subsections (a) and (b) 
and inserting in lieu thereof the following: 
"(aXD The Secretary shall from time to time set dates by which 
schools of nursing must file applications for Federal capital 
contributions. 
"(2XA) If the total of the amounts requested for any fiscal year in 
such applications exceeds the total amount appropriated under 
42 use 297c. 
section 837 for that fiscal year, the allotment from such total 
amount to the loan fund of each school of nursing shall be reduced 
to whichever of the following is the smaller: 
"(i) The amount requested in its application. 
"(ii) An amount which bears the same ratio to the total 
amount appropriated as the number of students estimated by 
the Secretary to be enrolled on a full-time basis in such school 
during such fiscal year bears to the estimated total number of 
students enrolled in all such schools on a full-time basis during 
such year. 
"(B) Amounts remaining after allotment under subparagraph (A) 
shall be reallotted in accordance with clause (ii) of such subpara-
PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 399 
graph among schools whose applications requested more than the 
amounts so allotted to their loan funds, but with such adjustments 
as may be necessary to prevent the total allotted to any such 
school's loan fund under this paragraph and paragraph (3) from 
exceeding the total so requested by it. 
"(3) Funds which, pursuant to section 839(c) or pursuant to a loan Infra. 
agreement under section 835, are returned to the Secretary in any 
"
^
2 USC 297a. 
fiscal year, shall be available for allotment in such fiscal year and in 
the fiscal year succeeding the fiscal year. Funds described in the 
preceding sentence shall be allotted among schools of nursing in 
such manner as the Secretary determines will best carry out this 
subpart, except that in making such allotments, the Secretary shall 
give priority to schools of nursing which established student loan 
funds under this subpart after September 30,1975. 
"(b) Allotments to a loan fund of a school shall be paid to it from 
time to time in such installments as the Secretary determines will 
not result in unnecessary accumulations in the loan fund at such 
school.". 
(f) Section 839 is amended— 
42 use 297e. 
(1) by striking out "1987," each place it appears in subsections 
(a) and (b) and inserting in lieu thereof "1991,"; and 
(2) by adding at the end thereof the following new subsection: 
"(cXl) Within 90 days after the termination of any agreement with 
a school under section 835 or the termination in any other manner 
of a school's participation in the loan program under this subpart, 
such school shall pay to the Secretary from the balance of the loan 
fund of such school established under section 835, an amount which 
bears the same ratio to the balance in such fund on the date of such 
termination as the total amount of the Federal capital contributions 
to such fund by the Secretary pursuant to section 835(bX2)(A) bears 
to the total amount in such fund on such date derived from such 
Federal capital contributions and from funds deposited in the fund 
pursuant to section 835(bX2XB). The remainder of such balance shall 
be paid to the school. 
"(2) A school to which paragraph (1) applies shall pay to the 
Secretary after the date on which pa3mient is made under such 
paragraph and not less than quarterly, the same proportionate 
share of amounts received by the school after the date of termi-
nation referred to in paragraph (1) in pajmient of principal or 
interest on loans made from the loan fund as was determined for the 
Secretary under such paragraph.". 
(g) Subpart II of part B of title VIII is amended by adding at the 
end thereof the following new section: 
"PROCEDURES FOR APPEAL OF TERMINATIONS 
"SEC. 842. In any case in which the Secretary intends to terminate 
Schools and 
an agreement with a school of nursing under this subpart, the colleges. 
Secretary shall provide the school with a written notice specifying ^^ ^^ 2971. 
such intention and stating that the school may request a formal 
hearing with respect to such termination. If the school requests such 
a hearing within 30 days after the receipt of such notice, the 
Secretary shall provide such school with a hearing conducted by an 
administrative law judge.". 
(h) Section 6103(m) of the Internal Revenue Code of 1954 is 
26 use 6103. 
amended— 
99 STAT. 400 
PUBLIC LAW 99-92—AUG. 16, 1985 
42 use 294. 
42 use 297a. 
42 use 294m. 
42 u s e 294j. 
42 use 294. 
(1) by inserting "ADMINISTERED BY THE DEPARTMENT OF EDU-
CATION" before the period in the paragraph heading of para-
graph (4); and 
(2) by adding at the end thereof the following new paragraph: 
"(5) INDIVIDUALS WHO HAVE DEFAULTED ON STUDENT LOANS 
ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES.— 
"(A) IN GENERAL.—Upon written request by the Secretary 
of Health and Human Services, the Secretary may disclose 
the mailing address of any taxpayer who has defaulted on a 
loan made under part C of title VII of the Public Health 
Service Act or under subpart II of part B of title VIII of 
such Act, for use only by officers, employees, or agents of 
the Department of Health and Human Services for pur-
poses of locating such taxpayer for purposes of collecting 
such loan. 
"(B) DISCLOSURE TO SCHOOLS AND EUGIBLE LENDERS.—Any 
mailing address disclosed under subparagraph (A) may be 
disclosed by the Secretary of Health and Human Services 
to— 
"(i) any school with which the Secretary of Health 
and Human Services has an agreement under subpart 
II of part C of title VII of the Public Health Service Act 
or subpart II of part B of title VIII of such Act, or 
"(ii) any eligible lender (within the meaning of sec-
tion 737(4) of such Act) participating under subpart I of 
part C of title VII of such Act, 
for use only by officers, employees, or agents of such school 
or eligible lender whose duties relate to the collection of 
student loans for purposes of locating individuals who have 
defaulted on student loans made under such subparts for 
the purposes of collecting such loans.". 
42 use 
296-296b, 296d-
296f, 296j, 296h. 
42 use 297j. 
42 use 296. 
42 u s e 296c, 
298b-5. 
REPEALS 
SEC. 9. (a)(1) Sections 801, 802, 803, 805, 810, 811, 815, and 841 are 
repealed. 
(2) Subpart III of part B of title VIII is repealed. 
(b)(1) Part A of title VIII is amended by striking out the headings 
for subparts I, II, III, and IV. 
(2) The heading for part A of the title VIII is amended to read as 
follows: 
"PART A—SPECIAL PROJECTS". 
(3) The heading for title VIII is amended to read as follows: 
"TITLE VIII—NURSE EDUCATION". 
(c)(1) Section 804 is redesignated as section 858 and is amended to 
read as follows: 
"RECOVERY FOR CONSTRUCTION ASSISTANCE 
"SEC. 858. (a) If at any time within 20 years (or within such 
shorter period as the Secretary may prescribe by regulation for an 
interim facility) after the completion of construction of a facility 
PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 401 
with respect to which funds have been paid under subpart I of part 
A (as such subpart was in effect on September 30,1985)— 
42 use 296. 
"(1) the owner of the facility ceases to be a public or nonprofit 
school, 
"(2) the facility ceases to be used for the training purposes for 
which it was constructed, or 
"(3) the facility is used for sectarian instruction or as a place 
for religious worship, 
the United States shall be entitled to recover from the owner of the 
facility the base amount prescribed by subsection (cXD plus the 
interest (if any) prescribed by subsection (cK2). 
"(b) The owner of a facility which ceases to be a public or 
Schools and 
nonprofit school as described in paragraph (1) of subsection (a), or 
colleges. 
the owner of a facility the use of which changes as described in 
paragraph (2) or (3) of such subsection shall provide the Secretary 
written notice of such cessation or change of use not later than 10 
days after the date on which such cessation or change of use occurs. 
"(c)(1) The base amount that the United States is entitled to 
recover under subsection (a) is the amount bearing the same ratio to 
the then value (as determined by the agreement of the parties or in 
an action brought in the district court of the United States for the 
district in which the facility is situated) of the facility as the amount 
of the Federal participation bore to the cost of the construction. 
"(2XA) The interest that the United States is entitled to recover 
under subsection (a) is the interest for the period (if any) described 
in subparagraph (B) at a rate (determined by the Secretary) based on 
the average of the bond equivalent rates of 91-day Treasury bills 
auctioned during such period. 
"(B) The period referred to in subparagraph (A) is the period 
beginning— 
"(1) if notice is provided as prescribed by subsection (b), 191 
days after the date on which the owner of the facility ceases to 
be a public or nonprofit school as described in paragraph (1) of 
subsection (a), or 191 days after the date on which the use of the 
facility changes as described in paragraph (2) or (3) of such 
subsection, or 
"(ii) if notice is not provided as prescribed by subsection (b), 11 
days after the date on which such cessation or change of use 
occurs, 
and ending on the date the amount the United States is entitled to 
recover is collected. 
"(d) The Secretary may waive the recovery rights of the United 
States under subsection (a) with respect to a facility (under such 
conditions as the Secretary may establish by regulation) if the 
Secretary determines that there is good cause for waiving such 
rights. 
"(e) The right of recovery of the United States under subsection (a) 
shall not, prior to judgment, constitute a lien on any facility.". 
(2) In the case of any facility that was or is constructed on or 
42 USC 298b-5 
before the date of enactment of this Act or within 180 days after the note. 
date of enactment of this Act, the period described in subsection 
(cX2XBXi) of section 858 of the Public Health Service Act (as 
amended by paragraph (1) of this subsection) shall begin no earlier 
than 181 days after the date of enactment of this Act. 
(3) The amendments made by paragraph (1) of this subsection 42 USC 298b-5 
shall not adversely affect other legal rights of the United States, note. 
99 STAT. 402 
PUBLIC LAW 99-92—AUG. 16, 1985 
42 u s e 298. 
42 u s e 298b. 
42 u s e 297a. 
Ante, p. 398. 
42 u s e 296k 
note. 
(d) Section 851(b) is amended by striking out ", and in the review 
of applications for construction projects under subpart I of part A, of 
applications under section 805, and of applications under subpart III 
of part A". 
(e) Section 853(1) is amended by striking out "the Canal Zone," 
and inserting in lieu thereof "the Commonwealth of the Northern 
Mariana Islands,". 
(f) Section 853(6) is amended to read as follows: 
"(6) The term 'accredited' when applied to any program of nurse 
education means a program accredited by a recognized body or 
bodies, or by a State agency, approved for such purpose by the 
Secretary of Education and when applied to a hospital, school, 
college, or university (or a unit thereof) means a hospital, school, 
college, or university (or a unit thereof) which is accredited by a 
recognized body or bodies, or by a State agency, approved for such 
purpose by the Secretary of Education, except that a school of 
nursing seeking an agreement under subpart II of part B for the 
establishment of a student loan fund, which is not, at the time of the 
application under such subpart, eligible for accreditation by such a 
recognized body or bodies or State agency, shall be deemed accred-
ited for purposes of such subpart if the Secretary of Education finds, 
after consultation with the appropriate accreditation body or bodies, 
that there is reasonable assurance that the school will meet the 
accreditation standards of such body or bodies prior to the beginning 
of the academic year following the normal graduation date of stu-
dents who are in their first year of instruction at such school during 
the fiscal year in which the agreement with such school is made 
under such subpart; except that the provisions of this clause shall 
not apply for purposes of section 838. For the purpose of this 
paragraph, the Secretary of Education shall publish a list of recog-
nized accrediting bodies, and of State agencies, which the Secretary 
of Education determines to be reliable authority as to the quality of 
education offered.". 
EFFECTIVE DATE 
SEC. 10. (a) Except as provided in subsection (b), this Act and the 
amendments and repeals made by this Act shall take effect on 
October 1,1985. 
(b)(1) The provisions of section 9(c) of this Act and the amendment 
made by paragraph (1) of such section shall take effect on the date of 
enactment of this Act. 
(2) The amendment made by section 8(a) of this Act shall take 
effect June 30,1984. 
eigarettes. 
98 Stat. 2201. 
Tobacco. 
ROTATION OF LABEL STATEMENTS 
SEC. 11. LABEL ROTATION.—Section 4(c) of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 1333(c)) is amended— 
(1) by striking out "The label" in the first sentence and 
inserting in lieu thereof "(1) Except as provided in paragraph 
(2), the label"; and 
(2) by inserting at the end the following: 
"(2)(A) A manufacturer or importer of cigarettes may apply to the 
Federal Trade Commission to have the label rotation described in 
subparagraph (C) apply with respect to a brand of cigarettes manu-
factured or imported by such manufacturer or importer if— 
PUBLIC LAW 99-92—AUG. 16, 1985 
99 STAT. 403 
"(i) the number of cigarettes of such brand style sold in the 
fiscal year of the manufacturer or importer preceding the 
submission of the application is less than one-fourth of 1 percent 
of all the cigarettes sold in the United States in such year, and 
"(ii) more than one-half of the cigarettes manufactured or 
imported by such manufacturer or importer for sale in the 
United States are packaged into brand styles which meet the 
requirements of clause (i). 
If an application is approved by the Commission, the label rotation 
described in subparagraph (C) shall apply with respect to the ap-
plicant during the one-year period beginning on the date of the 
application approval. 
"(B) An applicant under subparagraph (A) shedl include in its 
application a plan under which the label statements specified in 
paragraph (1) of subsection (a) will be rotated by the applicant 
manufacturer or importer in accordance with the label rotation 
described in subparagraph (C). 
"(C) Under the label rotation which a manufacturer or importer 
with an approved application may put into effect each of the labels 
specified in paragraph (1) of subsection (a) shall appear on the 
packages of each brand style of cigarettes with respect to which 
the application was approved an equal number of times within the 
twelve-month period beginning on the date of the approval by the 
Commission of the application.". 
(b) DEFINITION.—Section 3 of such Act (15 U.S.C. 1332) is amended 
98 Stat. 2204. 
by redesignating paragraph (8) as paragraph (9) and by inserting 
after paragraph (7) the following: 
"(8) The term 'brand style' means a variety of cigarettes 
distinguished by the tobacco used, tar and nicotine content, 
flavoring used, size of the cigarette, filtration on the cigarette, 
or packaging.". 
(c) EFFECTIVE DATE.— 
15 use 1333 
(1) The amendments made by subsection (a) shall take effect 
note. 
October 12,1985, except that— 
(A) on and after the date of the enactment of this Act a 
manufacturer or importer of cigarettes may apply to the 
Federal Trade Commission to have the label rotation speci-
fied in section 4(cX2) of the Federal Cigarette Labeling and 
Advertising Act, as amended by subsection (a), apply to its 
brand styles of cigarettes and the Commission may take 
action on such an application, and 
(B) a manufacturer or importer of cigarettes may elect to 
have the amendments apply at an earlier date or dates 
selected by the manufacturer or importer. 
(2) The Federal Trade Commission may, upon application of a 
manufacturer or importer of cigarettes with an approved ap-
plication under section 4(c)(2) of the Federal Cigarette Labeling 
and Advertising Act, as amended by subsection (a), extend the 
effective date specified in paragraph (1) to January 11,1986. The 
Commission may approve an application for such an extension 
only if the CJommission determines that the effective date speci-
fied in such paragraph (1) would cause unreasonable economic 
hardi^hip to the applicant. Section 4 of the Federal Cigarette 
Labeling and Advertising Act, as in effect before October 12, 98 Stat. 2201. 
1985, shall apply with respect to a manufacturer or importer 
with an application approved under this paragraph. 
99 STAT. 404 
PUBLIC LAW 99-92—AUG. 16, 1985 
TECHNICAL AMENDMENT 
SEC. 12, Section 8 of the Federal Cigarette Labeling and Advertis-
es Stat. 2204. 
ing Act (15 U.S.C. 1336) is amended by striking out "4(b)" and 
inserting in lieu thereof "4". 
REPORT DATE 
98 Stat. 2200. 
SEC. 13. Section 3(c) of the Comprehensive Smoking Education Act 
(15 U.S.C. 1341(c)) is amended by striking out "1985" and inserting 
in lieu thereof "1986". 
Approved August 16, 1985. 
LEGISLATIVE HISTORY—H.R. 2370 (S. 1284): 
HOUSE REPORT No. 99-161 (Comm. on Energy and Commerce). 
SENATE REPORT No. 99-106 accompanying S. 1284 (Comm. on Labor and Human 
ItSSourcGsl 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
July 15, considered and passed House. 
July 22, considered and passed Senate, amended, in lieu of S. 1284. 
July 31, House agreed to Senate amendment.