Health Programs Extension Act of 1980
PL 96-538 (S.988), enacted 12/17/1980

PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3183 
Public Law 96-538 
96th Congress 
An Act 
To amend the Public Health Service Act to revise and extend the authorities under 
that Act relating to national research institutes, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That (a) this Act 
may be cited as the "Health Programs Extension Act of 1980". 
(b) Except as otherwise specifically provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, 
or 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. 
TITLE I—NATIONAL CANCER INSTITUTE AND NATIONAL 
HEART, LUNG, AND BLOOD INSTITUTE AUTHORIZATIONS 
SEC. 101. (a) Section 410(a) (42 U.S.C. 286e(a)) is amended— 
(1) by striking out "and" after "1979;"; and 
(2) by inserting the following before the period at the end 
thereof: "; $1,015,700,000 for the fiscal year ending September 30, 
1981; and $1,109,000,000 for the fiscal year ending September 30, 
1982". 
(b) Section 410(b) is amended— 
(1) by striking out "and" after "1979;"; and 
(2) by inserting the following before the period at the end 
thereof: "; $112,900,000 for the fiscal year ending September 30, 
1981; and $123,200,000 for the fiscal year ending September 30, 
1982". 
(c) Section 414(b) (42 U.S.C. 287c(b)) is amended— 
(1) by striking out "and" after "1979,"; and 
(2) by inserting the following before the period at the end 
thereof: ", $49,300,000 for the fiscal year ending September. 30, 
1981, and $53,800,000 for the fiscal year ending September 30, 
1982". 
(d) The first sentence of section 419B (42 U.S.C. 287i) is amended— 
(1) by striking out "and" after "1979,"; and 
(2) by inserting the following before the period at the end 
thereof: ", $564,300,000 for the fiscal year ending September 30, 
1981, and $616,100,000 for the fiscal year ending September 30, 
1982". 
TITLE II—AMENDMENTS RELATING TO ARTHRITIS, 
DIABETES, DIGESTIVE DISEASES, AND KIDNEY DISEASES 
Dec. 17, 1980 
[S. 988] 
Health 
Programs 
Extension Act of 
1980. 
42 u s e 201 
note. 
SEC. 201. (a) The heading of part D of title IV is amended to read as 
follows: 
94 STAT. 3184 
PUBLIC LAW 96-538—DEC. 17, 1980 
Repeal. 
"PART D—NATIONAL INSTITUTE OF ARTHRITIS, DIABETES, AND DIGES-
TIVE AND KIDNEY DISEASES, NATIONAL INSTITUTE OF NEUROLOGI-
CAL DISEASES AND STROKE, AND OTHER INSTITUTES", 
SEC. 202. Section 431(c) (42 U.S.C. 289a(c)) is repealed. 
SEC. 203. (a) The heading of section 434 is amended to read as 
follows: 
Comments and 
recommenda-
tions, trans-
mittal to NIH. 
Subcommittees, 
establishment. 
NATIONAL INSTITUTE OF ARTHRITIS, DIABETES, AND DIGESTIVE AND 
KIDNEY DISEASES". 
(b) Subsection (a) of section 434 (42 U.S.C. 289c-l(a)) is amended— 
(1) by striking out "National Institute of Arthritis, Metabo-
lism, and Digestive Diseases" and inserting in lieu thereof 
"National Institute of Arthritis, Diabetes, and Digestive and 
Kidney Diseases"; 
(2) by striking out "National Arthritis, Metabolism, and Diges-
tive Diseases Advisory Council" and inserting in lieu thereof 
"National Arthritis, Diabetes, and Digestive and Kidney Dis-
eases Advisory Council"; and 
(3) by striking out the last sentence. 
(c) Section 434 is amended by striking out subsections (b) through 
(e) and inserting in lieu thereof the following: 
"(b) In the National Institute of Arthritis, Diabetes, and Digestive 
and Kidney Diseases (hereinafter referred to in this section as the 
'Institute') there shall be an Associate Director for Arthritis and 
Musculoskeletal and Skin Diseases, an Associate Director for Dia-
betes, Endocrinology, and Metabolic Diseases, an Associate Director 
for Digestive Diseases, and an Associate Director for Kidney, Uro-
logic, and Hematologic Diseases who, under the supervision of the 
Director of the Institute, shall be responsible for— 
"(1) developing a coordinated plan (including recommenda-
tions for expenditures) for each of the national research insti-
tutes within the National Institutes of Health with respect to 
research and training concerning the diseases for which the 
positions of the Associate Direc^tors were created; 
"(2) assessing the adequacy of management approaches for the 
activities within such institutes concerning such diseases and 
developing improved approaches if needed; 
"(3) monitoring and reviewing expenditures by such institutes 
concerning such diseases; and 
"(4) identifying research opportunities concerning such dis-
eases and recommending ways to utilize such opportunities. 
The Director of the Institute shall transmit to the Director of the 
National Institutes of Health the plans, recommendations, and 
reviews of the Associate Directors under paragraphs (1) through (4) 
together with such comments and recommendations as the Director 
of the Institute determines appropriate. 
"(c) There are established within the Advisory Council of the 
Institute a subcommittee on diabetes and endocrine and metabolic 
diseases, a subcommittee on arthritis and musculoskeletal and skin 
diseases, a subcommittee on digestive diseases, and a subcommittee 
on kidney, urologic, and hematologic diseases. The subcommittees 
shall be composed of members of the Advisory Council who are 
outstanding in the diagnosis, prevention, and treatment of the 
diseases for which the subcommittees are established and members of 
the Advisory Council who are leaders in the fields of education and 
public affairs. The subcommittees are authorized to review applica-
tions made to the Director for grants for research and training 
PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3185 
projects relating to the diagnosis, prevention, and treatment of the 
diseases for which the subcommittees are estabUshed and shall 
recommend to the Advisory Council those applications and contracts 
that the subcommittees determine will best carry out the purposes of 
this part. The subcommittees shall also review and evaluate the 
diabetes 
and 
endocrine 
and 
metabolic 
diseases, 
arthritis, 
musculoskeletal and skin diseases, digestive diseases, and kidney, 
urologic, and hematologic diseases programs under this part and 
recommend to the Advisory Council such changes in the administra-
tion of such programs as the subcommittees determine are necessary. 
"(d) The Director of the Institute, acting through the Associate 
Director for Arthritis and Musculoskeletal and Skin Diseases, the 
Associate Director for Kidney, Urologic, and Hematologic Diseases, 
the Associate Director for Digestive Diseases, and the Associate 
Director for Diabetes, Endocrinology, and Metabolic Diseases, shall— 
"(1) carry out programs of support for research and training 
(other than training for which National Research Service 
Awards may be made under section 472) in the diagnosis, 42 USC 289/-1. 
prevention, and treatment of arthritis, digestive diseases, dia-
betes mellitus, and endocrine and metabolic, kidney, urologic, 
and hematologic diseases, including support for training in 
medical schools, graduate clinical training, graduate training in 
epidemiology, 
epidemiology 
studies, 
clinical 
trials, 
and 
interdisciplinary research programs; and 
"(2) establish programs of evaluation, planning, and dissemi-
nation of knowledge related to such research and training.", 
(d) Subsection (f) of section 434 is redesignated as subsection (e) and 42 USC 289c-l. 
is amended (1) by striking out "a report" in the first sentence and 
inserting in lieu thereof "an annual report", and (2) by amending the 
second sentence to read as follows: "The annual report shall include a 
description of the Institute's activities— 
"(1) under the current Arthritis Plan prepared under the 
National Arthritis Act of 1974, 
42 USC 201 note. 
"(2) under the current diabetes plan prepared under the 
National Diabetes Mellitus Research and Education Act, and 42 USC 201 note. 
"(3) under the current digestive diseases plan prepared under 
the Arthritis, Diabetes, and Digestive Diseases Amendments of 
1976.". 
42 USC 201 note. 
SEC. 204. (a) The heading of section 435 is amended to read as 
follows: 
"DIABETES RESEARCH AND TRAINING CENTERS; DIABETES DATA GROUP 
AND CLEARINGHOUSE". 
(b) The first sentence of subsection (a) of section 435 (42 U.S.C. 
289c-2(a)) is amended by striking out "National Commission on 
Diabetes" and inserting in lieu thereof "the current diabetes plan 
under the National Diabetes Mellitus Research and Education Act". 
(c) Subsection (a) of section 435 is amended by adding at the end the 
following: "A center may use funds provided under this subsection to 
provide stipends for health professionals enrolled in training pro-
grams described in clause (2)(B).". 
(d) Subsection (b) of section 435 is amended by striking out "Sep-
tember 30" and inserting in lieu thereof "November 30". 
(e) Subsection (c) of section 435 is redesignated as subsection (d) and 
the following new subsection is inserted after subsection (b): 
"(c)(1) The Secretary, with the Associate Director for Diabetes, 
Endocrinology, and Metabolic Diseases, shall (A) establish the 
94 STAT. 3186 
PUBLIC LAW 96-538—DEC. 17, 1980 
Appropriation 
authorization. 
Ante, p. 3185. 
Repeals. 
42 u s e 289C-3. 
Establishment. 
Membership. 
Report. 
Supra. 
Diabetes Data Group and the Diabetes Information Clearinghouse, 
and (B) through such entities, estabhsh the diabetes data system for 
the collection, storage, analysis, retrieval, and dissemination of data 
concerning diabetes, including, where possible, data involving gen-
eral populations for the purpose of detecting individuals with a risk of 
developing diabetes. 
"(2) There is authorized to be appropriated to carry out this 
subsection $2,000,000 for the fiscal year ending September 30, 1981; 
$2,000,000 for the fiscal year ending September 30, 1982; and 
$2,000,000 for the fiscal year ending September 30,1983.". 
(f) Subsection (d) of section 435 (as so redesignated) is amended (1) 
by striking out "this section" and inserting in lieu thereof "this 
section (other than subsection (c))", (2) by striking out "and" after 
"1979,", and (3) by inserting before the period a comma and the 
following: "$14,000,000 for the fiscal year ending September 30,1981, 
$17,000,000 for the fiscal year ending September 30, 1982, and 
$20,000,000 for the fiscal year ending September 30,1983". 
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: 
"INTERAGENCY COORDINATING COMMITTEES 
"SEC. 436. (a) For the purpose of— 
"(1) better coordinating the research activities of all the 
national research institutes relating to arthritis, diabetes melli-
tus, and digestive diseases; and 
"(2) coordinating those aspects ctf all Federal health programs 
and activities relating to such diseases to assure the adequacy 
^
^ and technical soundness of such programs and activities and to 
r 
provide for the full communication and exchange of information 
necessary to maintain adequate coordination of such programs 
and activities, 
the Secretary shall establish an Arthritis Interagency Coordinating 
Committee, a Diabetes Mellitus Interagency Coordinating Commit-
tee, and a Digestive Diseases Interagency Coordinating Committee 
(hereinafter in this section individually referred to as a 'Committee'). 
"(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' Adminis-
tration, 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 deterjnined 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. 
"(c) Each Committee shall prepare an annual report for— 
"(1) the Secretary, 
"(2) the Director of the National Institutes of Health, and 
"(3) the Advisory Board established under section 437 for the 
disease for which the Committee was established, 
detailing the work of the Committee in the fiscal year for which the 
report was prepared in carrying out the coordinating activities 
PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3187 
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.". 
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: 
DIABETES, ARTHRITIS, AND DIGESTIVE DISEASES ADVISORY BOARDS 
Establishment. 
42 u s e 289C-4. 
"SEC. 437. (a) The Secretary shall establish the National Arthritis 
Advisory Board, the National Diabet^ Advisory Board, and the 
National Digestive Diseases Advisory Board (hereinafter in this 
section individually referred to as an 'Advisory Board'). 
"(b) Each Advisory Board shall be composed of eighteen appointed 
members and nonvoting, ex officio members as follows: 
"(1) The Secretary shall appoint— 
"(A) twelve members from individuals who are scientists, 
plwsicians, and other health professionals, who are not 
officers or employees of the United States, and who repre-
sent the specialities and disciplines relevant to the diseases 
with respect to which the Advisory Board is established; and 
"(B) six members from the general public who are knowl-
edgeable 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. 
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 pro-
gram development. 
"(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 D^estive and Kidney Dis-
eases, the Director of the Center for Disease Control, the chief 
medical director of 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 Ehre 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). 
"(c) Members of an Advisory Board who are officers or employees of 
the Federal Government shall serve as members of the Advisoiy 
Board without compensation in addition to that received in their 
regular public emplo3mient. 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 use 5332 note. 
each day (including traveltime) they are engaged in the performance 
of 
their duties as members of the Board. 
94 STAT. 3188 
PUBLIC LAW 96-538—DEC. 17, 1980 
Meetings. 
Ante, p. 3185. 
Report. 
"(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. 
"(e) The members of each Advisory Board shall select a chairman 
from among the appointed members. 
"(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 arrange-
ments) 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. 
"(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. 
"(h) Each Advisory Board shall— 
"(1) review and evaluate the implementation of the plan 
referred to in section 434(e) regarding the diseases with respect to 
which the Advisory Board was established; 
"(2) periodically update the plan referred to in paragraph (1) to 
ensure its continuing relevance; 
"(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 Dis-
eases, and the heads of other appropriate Federal agencies for 
the implementation of such plan; and 
"(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, 
"(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, 
"(j) Each Advisory Board shall submit to the Secretary and Con-
gress an annual report which— 
"(1) describes the Advisory Board's activities in the fiscal year 
for which the report is made; 
PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3189 
Appropriation 
authorization. 
"(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; 
"(3) summarizes and analyzes expenditures made by the Fed-
eral Government for activities respecting such diseases in the 
fiscal year for which the report is made; and 
"(4) contains the Advisory Board's recommendations, if any, 
for changes in the plan referred to in subsection (hXD. 
"(k) For each Advisory Board there is authorized to be appropriated 
$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. 
"(1) Each Advisory Board shall expire on September 30, 1983.". 
SEC. 207. (a) Subsection (a) of section 438 (42 U.S.C. 289c-5a(a)) is 42 use 289c-5. 
amended by striking out", acting through the Assistant Secretary for 
Health,". 
(b) Subsection db) of such section is amended (1) by striking out 
"and" at the end of paragraph (4), (2) by striking out the period at the 
end of paragraph (5) and inserting in lieu thereof "; and", and (3) by 
adding after paragraph (5) the following: 
"(6) projects for the investigation into the epidemiology of all 
forms and aspects of arthritis, including investigations into 
the social, environmental, behavioral, nutritional, and genetic 
determinants and influences involved in the epidemiology of 
arthritis.". 
(c) Paragraphs (2) and (3) of subsection (d) of such section are each 
£unended by inserting before the period a comma and the following: 
"and for each of 
the next 3 fiscal years". 
SEC. 208. (a) Subsection (a) of section 439 (289c-6(a)) is amended by 
striking out ", acting through the Assistant Secretary for Health". 
(b) Subsection G
>
) of such section is amended by adding after and 
below paragraph (2) the following: "A center may use funds provided 
under this subsection to provide stipends for health professionals 
enrolled in training programiB described in paragraph (2XB).". 
(c) Subsection (e) of such section is amended by striking out "not 
later than four montl^ after the end of each fiscal year" and 
inserting in Ueu thereof "on or before November 30 of each year". 
(d) Subsection (f) of such section is repealed and subsection (g) is 
redesignated as subsection (f) and amended (1) by striking out "and" 
after "1979,"; and (2) by inserting before the period a comma and the 
following: "$14,000,000 for the fiscal year ending September 30,1981, 
$17,000,000 for the fiscal year ending September 30, 1982, and 
$20,000,000 for the fiscal year ending September 30,1983". 
SEC. 209. The following section is inserted after section 439: 
42 u s e 289C-6. 
INFORMATION AND EDUCATION CENTER FOR DIGESTIVE DISEASES 
"SEC. 440. The Secretary, acting through the Director of the 
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 
educationed resource for patients with such diseases and their fami-
lies, physicians, and other health professionals.". 
Establishment. 
42 u s e 289C-7. 
79-194 
O—81—pt. 3 
35 : QL3 
94 STAT. 3190 
PUBLIC LAW 96-538—DEC. 17, 1980 
42 u s e 300Z-4. 
Grant, pro-
rata reduction. 
42 u s e 300n-6 
note. 
Ante, p. 3183. 
Ante, p. 3183. 
42 u s e 300m-6 
note. 
TITLE III—HEALTH PLANNING AMENDMENTS 
SEC. 801. The second sentence of section 1501(b)(1) (42 U.S.C. 
300k-l(b)(l)) 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) Notwithstanding subsection (cXD, 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 
agency designated under section 1515(c) in the amount prescribed for 
such agency by subsection (cXD, the Secretary shall make a pro rata 
reduction in the amount of the grant to each such agency as follows: 
"(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 (AXii) of such subsec-
tion did not apply. 
"(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 grsmts 
equals the total of the amounts appropriated for such fiscal year 
(as so reduced), except that— 
"(i) the amount of the grant to any such agency may not 
exceed $3,750,000, 
"(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 (cXD 
for such fiscal year, and 
"(iii) if the total of the appropriations for the fiscal year 
ending September 30,1982, for such grants— 
"(I) is equal to or greater than the total of the 
appropriations for such grants for the preceding fiscal 
J
^ear, no such agency shall receive a grant in an amount 
ess 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 mini-
mum grant prescribed by subsection (c)(1)(C), or 
"(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-Fed-
eral funds on which its grant is computed has increased, 
or unless the amount of its grant is increased under 
subsection (cXlXC).". 
SEC. 303. (a) Section 129(bX2XA) of Public Law 96-79 (93 Stat. 630) is 
amended by striking out "Health Planning and Resources Develop-
ment Amendments of 1979" and inserting in lieu thereof "Health 
Programs Extension Act of 1980". 
(b) Section 1521(dXlXBXi) (42 U.S.C. 300m(dXlXBXi)) is amended by 
striking out "Health Planning and Resources Development Amend-
ments of 1979" and inserting in lieu thereof "Health Programs 
Extension Act of 1980". 
(c) Section 117(c) of the Health Planning and Resources Develop-
ment Amendments of 1979 (93 Stat. 620) is amended by striking out 
PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3191 
"February 1,1982" and inserting in lieu thereof "February 1,1983". 
SEC. 304. Section 124(c) of Public Law 96-79 (93 Stat. 627) is 
amended to read as follows: 
"(c)(1) Section 1524(b)(1)(C) is amended by striking out 'one-third' 
and inserting in lieu thereof 'one-half. 
"(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'.". 
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 
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)(1) Subsection (a) does not require a certificate of need program 
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) 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; 
"(B) substantially change the bed capacity of the facility; or 
"(C) substantially change the medical or other patient care 
services of the facility which were offered before the acquisition, 
offering, or obligation. 
"(2)(A) Before a health care facility acquires major medical equip-
ment 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, institu-
tional health service, or capital expenditure. 
"(B) Paragraph (1) does not apply with respect to the acquisition of 
major medical equipment, the offering of institutional health serv-
ices, or the obligation of a capital expenditure if— 
"(i) the notice required by subparagraph (A) is not filed with 
the State Agency with respect to such acquisition, offering, or 
obligation, or 
"(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). 
"(3) If major medical equipment is acquired, an institutional health 
service is offered, or a capital expenditure is obligated and a certifi-
cate of need is not required for such acquisition, offering, or obliga-
tion 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 eis to have the 
effect or to make a change described in subparagraph (A), (B), or (C) 
42 u s e 300m-3. 
42 u s e 300m-3. 
Certificate of 
need program. 
Major medical 
equipment; 
acquisition, 
conditions. 
State Agency 
of the State, 
notification. 
94 STAT. 3192 
PUBLIC LAW 96-538—DEC. 17, 1980 
"Solely for 
research." 
42 u s e 289 note. 
Review. 
5-year plan out-
line. 
Report. 
of paragraph (1) unless the State Agency issues a certificate of need 
approving such use. 
"(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.". 
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(b)(12)(D) (42 U.S.C. 300n-l(b)(12)(D)) is 
amended by striking out "administratively". 
TITLE IV—HEALTH PROFESSIONS PROGRAMS 
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. (a) Section 731(a)(1)(A) (42 U.S.C. 294d(a)(l)(A)) is amended 
(1) by, inserting "and" at the end of clause (iv), and (2) by striking out 
clause (v) and redesignating clause (vi) as clause (v). 
(b) Section 731(b) is amended by striking out "12 percent per annum 
on the unpaid principal balance of the loan" and inserting in lieu 
thereof "the average of the bond equivalent rates of the 91-day 
Treasury bills auctioned for the previous quarter plus ZV2 percentage 
points, rounded to the next higher one-eighth of 1 percent". 
SEC. 403. (a) Section 753(aX2) (42 U.S.C. 294v(a)(2)) is amended— 
(1) by striking out "(A)" after "designated under section 332) 
which'^; 
: (2) by striking out", and" after "section 333(c)"; and 
(3) by striking out subclause (B) thereof and inserting in lieu 
thereof a period. 
(b) Section 753(a) is amended by striking out the last sentence. 
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". 
TITLE 
V—NEUROLOGICAL 
RESEARCH 
SEC. 501. (a) The Secretary of Health and Human Services shall 
enter into a contract, in accordance with subsection (b), with a 
private, nonprofit entity pursuant to which such entity shall— 
(1) conduct a general review of past and ongoing neurological 
research; 
(2) include, in the review described in paragraph (1), a review of 
past and ongoing research regarding spinal cord regeneration 
following acute and chronic damage to the spinal cord; 
(3) identify those areas of neurological research which appear 
to be the most promising; 
(4) prepare an outline of a 5-year plan for neurological 
research, 
including 
(A) recommendations 
regarding 
the 
resources needed to effectively implement such a plan, and (B) 
specific recommendations with respect to spinal cord regenera-
tion research; and 
(5) transmit to the Secretary a report summarizing its findings 
and recommendations. 
PUBLIC LAW 96-538—DEC. 17, 1980 
94 STAT. 3193 
(b) The Secretary shall enter into the contract described in subsec-
tion (a) with the Institute of Medicine of the National Academy of 
Science, except that, if the Institute of Medicine of the National 
Academy of Science declines to enter into such contract after a 
reasonable period of time determined by the Secretary, the Secretary 
shall enter into such contract with any other private, nonprofit entity 
which the Secretary has determined is qualified to carry out the 
terms of such contract. 
(c) The report described in subsection (a)(5) shall be transmitted to 
the Secretary no later than 12 months after the date of the enactment 
of this Act. 
(d) The authority of the Secretary to enter into a contract under 
this section shall be effective for any fiscal year only to such extent or 
in such amounts as are provided in advance by appropriation Acts. 
Approved December 17, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-997 accompanying H.R. 7036 (Comm. on Interstate and 
Foreign Commerce) and No. 96-1478 (Comm. of Conference). 
SENATE REPORT No. 96-714 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 19, considered and passed Senate. 
Aug. 28, H.R. 7036 considered and peissed House; passage vacated and S. 988, 
amended, passed in lieu. 
Dec. 1, Senate agreed to conference report. 
Dec. 4, House agreed to conference report.