An Act to amend the Public Health Service Act to improve the program of medical assistance to areas with health manpower shortages, and for other purposes
PL 92-585 (S.3858), enacted 10/27/1972

1290 
PUBLIC LAW 92-585-OCT. 27, 1972 
[86 STAT. 
October 27, 1972 
[S.3858] 
Personnel Act 
Amendments of 
1972. 
84 Stat. 1868; 
85 Stat. 462. 
42 tfSC 254b. 
National Health 
Service Corps, 
establishment. 
Personnel, 
assignment. 
Public Law 92-585 
• ' ' 
AN ACT '•'• 
•
" '• 
^ '• 
To amend the Public Health Service Act to improve the program of medical 
assistance to areas with health manpower shortages, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Emergency Health United States of AmeHca in Congress 
assembled, 
SECTION 1. This Act may be cited as the "Emergency Health Per-
sonnel Act Amendments of 1972". 
SEC. 2. (a) Section 329(a) of the Public Health Service Act is 
amended to read as follows: 
"SEC. 329. (a) There is established, within the Service, the National 
Health Service Corps (hereinafter in this section referred to as the 
'Corps') which shall consist of those officers of the Regular and 
Reserve Corps of the Service and such other personnel as the Secre-
tary may designate and which shall be utilized by the Secretary to 
improve the delivery of health care and services to persons residing 
in areas which have critical health manpower shortages." 
(b) Section 329(b) of such Act is amended to read as follows: 
"(b)(1) The Secretary shall (A) designate those areas which he 
determines have critical health manpower shortages, (B) provide 
assistance to persons seeking assignment of Corps personnel to such 
designated areas to provide under this section health care and services 
for persons residing in such areas, and (C) conduct such information 
programs in such designated areas as may be necessary to inform 
the public and private health entities serving those areas of the 
assistance available under this section. 
"(2) (A) The Secretary may assign personnel of the Corps to pro-
vide, under regulations prescribed by the Secretary, health care and 
services for persons residing in an area designated by the Secretary 
under paragraph (1) if— 
"(i) the State health agency of each State in which such area 
is located or the local public health agency or any other public 
or nonprofit private health entity in such area requests such 
assignment, and 
"(ii) the (I) local government of such area, and (II) the 
State and district medical, dental, or other appropriate health 
societies (as the case may be), certify to the Secretary that such 
assignment of Corps personnel is needed for such area. 
If with respect to any proposed assignment of Corps personnel to an 
area the requirements of clauses (i) and (ii) of the preceding sentence 
are met except for the certification by the State and district medical, 
dental, or other appropriate health societies required by clause (ii) 
and if the Secretary finds from all the facts presented that such certifi-
cation has clearly been arbitrarily and capriciously withheld, the Sec-
retary may, after consultation with appropriate medical, dental, or 
other health societies, assign such personnel to such area. Corps per-
sonnel shall be assigned under this section on the basis of the extent of 
an area's need for health care and services and without regard to the 
ability of the residents of an area to pay for health care and services. 
"(B) In providing health care and services under this section. Corps 
personnel shall utilize the techniques, facilities, and organizational 
forms most appropriate for the area and shall, to the maximum extent 
feasible, provide such care and services (i) to all persons in such area 
regardless of the ability of such persons to pay for the care and serv-
ices, and (ii) in connection with (I) direct health care programs car-
ried out by the Service; (II) any direct health care program carried 
out in whole or in part with Federal financial assistance; or (III) any 
Facilities, 
utilization. 
86 STAT.] 
PUBLIC LAW 92-585-OCT. 27, 1972 
1291 
other health care activity which is in furtherance of the purposes of 
this section. 
"(C) Any person who receives health care or services provided 
under this section shall be charged for such care or service on a 
fee-for-service or other basis at a rate established by the Secretary, 
pursuant to regulations, to recover the reasonable cost of providing 
such care or service; except that if such person is determined under 
regulations of the Secretary to be unable to pay such charge, the 
Secretary shall provide for the furnishing of such care or service 
at a reduced rate or without charge. If a Federal agency, an agency 
of a State or local government, or other third party would be respon-
sible for all or part of the cost of the care or service provided under 
this section if such care or service had not been provided under this 
section, the Secretary shall collect, on a fee-for-service or other basis, 
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 subparagraph shall be deposited in the Treasury as miscellaneous 
receipts and shall be disregarded in determining (i) the amounts of 
appropriations to be requested under subsection (h), and (ii) the 
amounts to be made available from appropriations made under such 
subsection to carry out this section." 
(c) Section 329(c) of such Act is amended (1) by striking out 
"Service" and inserting in lieu thereof "Corps" and (2) by inserting 
at the end thereof the following: "The Secretary may reimburse 
applicants for positions in the Corps for actual expenses incurred 
in traveling to and from their place of residence to an area in which 
they would be assigned for the purpose of evaluating such area with 
regard to being assigned in such area. The Secretary shall not reim-
burse an applicant for more than one such trip." 
{d) Section 329(d) of such Act is amended— 
(1) by striking out "Service" in the first sentence and inserting 
in lieu thereof "Corps", and by inserting before the period at the 
end of such sentence the following: ", except that if such area is 
being served (as determined under regulations of the Secretary) 
by a hospital or other health care delivery facility of the Service, 
the Secretary shall, in addition to such other arrangements as the 
Secretary may make to insure the availability in such area of 
care and services by Corps personnel, arrange for the utilization 
of such hospital or facility by Corps personnel in providing care 
and services in such area but only to the extent that such utiliza-
tion will not impair the delivery of care and treatment through 
such hospital or facility to persons who are entitled to care and 
treatment through such hospital or facility"; 
(2) by striking out "If there are no such facilities in such area" 
in the second sentence and inserting in lieu thereof "If there are 
no health facilities in or serving such area"; 
(3) by adding after the second sentence the following new 
sentence: "In providing such care and services, the Secretary may 
(A) make such arrangements as he determines are necessary for 
the use of equipment and supplies of the Service and for the lease 
or acquisition of other equipment and supplies, and (B) secure 
the temporary services of nurses and allied health professionals."; 
and 
(4) by inserting "(1)" after " ( d ) " and by adding at the end 
the following: 
"(2) The Secretary shall conduct at medical and nursing schools 
and other schools of the health professions and training centers for 
the allied health professions, recruiting programs for the Corps. Such 
Charges. 
Applicants, 
travel expenses. 
84 Stat. 1868. 
42 use 254b. 
Recruiting pro-
grams. 
42 use 254b. 
Report to Con-
gress. 
1292 
PUBLIC LAW 92-585-OCT. 27, 1972 
[86 STAT. 
programs shall include the wide dissemination of written information 
on the Corps and visits to such schools by personnel of the Corpii." 
5o fi^cA'of^K" 
(^) Section 329(f) of such Act is amended (1) by strikmg out 
An Tico o
c
^
K 
"Service" in paragraphs (1) and (3) and inserting in lieu thereof 
"Corps", and (2) by striking out "to select commissioned oflcicers of the 
Service and other personnel" in paragraph (2) and inserting in lieu 
thereof "to select personnel of the Corps". 
(f) Subsection (g) of section 329 of such Act is redesignated as 
subsection (h) and the following new subsection is inserted after sub-
section (f) of such section: 
"(g) The Secretary shall report to Congress no later than May 15 
of each year— 
"(1) the number of areas designated under subsection (b) in 
the calendar year preceding the year in which the report is made 
as having critical health manpower shortages and the number of 
areas which the Secretary estimates will be so designated in the 
calendar year in which the report is made; 
"(2) the number and types of Corps personnel assigned in such 
preceding calendar year to areas designated under subsection (b), 
the number and types of additional Corps personnel which the 
Secretary estimates will be assigned to such areas in the calendar 
year in which the report is submitted, and the need (if any) for 
additional personnel for the Corps; and 
"(3) the number of applications filed in such preceding calen-
dar year for assignment of Corps personnel under this section 
and the action taken on each such application." 
Appropriation. 
(g) Subsectiou (h) of sectiou 329 of such Act (as so redesignated 
by subsection (f) of this section) is amended by striking out "and" 
after "1972;" and by inserting immediately before the period at the 
end the following "; and $25,000,000 for the fiscal year ending June 30, 
1974". 
(h) Section 329 of such Act is amended by adding at the end thereof 
the following new subsection: 
"State." 
<'(i) For purposes of this section, the term 'State' includes Guam, 
American Samoa, and the Trust Territory of the Pacific Islands." 
fa^'iitie^s^'^require- 
^EC. 3. (a) The Secretary may not close or transfer control of a 
ments. ' 
liospltal or other health care delivery facility of the Public Health 
Service unless— 
(1) he transmits to each House of Congress, on the same day 
and while each House is in session, a detailed explanation (meet-
ing the requirements of subsection (b)) for the proposed closing 
or transfer, and 
(2) a period of ninety calendar days of continuous session of 
Congress has elapsed after the date on which such explanation 
is transmitted. 
For purposes of paragraph (2), continuity of session is broken only 
by an adjournment of Congress sine die, and the days on which either 
House is not in session because an adjournment of more than three 
days to a day certain are excluded in the computation of the ninety-
day period. 
(b) Each explanation submitted under subsection (a) for closing 
or transferring control of a hospital or other health care delivery 
-, > s ; 
f
»
-
i 
facility of the Public Health Service shall— 
?.:..; 
(1) contain (A) assurances that persons entitled to treatment 
and care at the hospital or other facility proposed to be closed 
• 
or transferred and persons for whom care and treatment at such 
hospital or other facilitv is authorized will, after the proposed 
closing or transfer, continue to be provided equivalent care and 
treatment through such hospital or other facility or under a new 
86 
STAT.] 
PUBLIC LAW 92-585-OCT. 27, 1972 
1293 
arrangement, and (B) an estimate of the cost of providing such 
care and treatment to such persons after the proposed closing or 
transfer; and 
(2) the comments (if any) made by each— 
(A) section 314:(a) State health planning agency whose 
section 314(a) plan covers (in whole or in part) the area in 
which the hospital or other facility is located or which is 
served by the hospital or other facility, and 
(B) section 314(b) area-wide health planning agency 
whose section 314(b) plan covers (in whole or in part) such 
area, 
after the Secretary has provided each such agency a reasonable 
opportunity to review and comment on the proposed closing or 
transfer. 
For purposes of paragraph (2), the term "section 314(a) State health 
planning agency" means the agency of a State which administers or 
supervises the administration of a State's health planning functions 
under a State plan approved under section 314(a) (referred to in 
paragraph (2) as a "section 314(a) plan"), and the term "section 
314(b) area-wide health planning agency" means a public or nonprofit 
private agency or organization which has developed a comprehensive 
regional, metropolitan, or other local area plan or plans referred to in 
section 314(b) (referred to in paragraph (2) as a "section 314(b) 
plan"). 
SEC. 4. Section 741 (f) (1) (C) of the Public Health Service Act is 
amended by striking out "agreement with the Secretary to practice 
his profession for a period of at least two years in an area in a State 
determined by the Secretary" and inserting in lieu thereof "agree-
ment with the Secretary to practice his profession (as a member of the 
National Health Service Corps or otherwise) for a period of at least 
two years in an area in a State designated under section 329(b) or 
otherwise determined by the Secretary". 
SEC. 5. Title I I of the Public Health Service Act is amended by 
adding after section 224 the following new section: 
"PUBLIC HEALTH AND NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP 
TRAINING PROGRAM 
"SEC. 225. (a) The Secretary shall establish the Public Health and 
National Health Service Corps Scholarship Training Program (here-
inafter in this section referred to as the 'Program') to obtain trained 
physicians, dentists, nurses, and other health-related specialists for the 
National Health Service Corps and other units of the Service. 
"(b) To be eligible for acceptance and continued participation in 
the Program, each applicant must— 
"(1) be accepted for enrollment, or be enrolled, as a full-time 
student in an accredited (as determined by the Secretary) educa-
tional institution in the United States, or its territories or 
possessions; 
"(2) pursue an approved course of study, and maintain an 
acceptable level of academic standing, leading to a degree in medi-
cine, dentistry, or other health-related specialty, as determined by 
the Secretary ; 
" (3) be eligible for, or hold, an appointment as a commissioned 
officer in the Regular or Reserve Corps of the Service or be selected 
for civilian service in the National Health Service Corps; and 
"(4) agree in writing to serve, as prescribed by subsection (e) 
of this section, in the Commissioned Corps of the Service or as a 
civilian member of the National Health Service Corps. 
80 Stat. 1181; 
84 Stat. 1304. 
42 use 246. 
Definitions. 
85 Stat. 449. 
42 use 294a. 
Ante, p. 1290. 
58 Stat. 683; 
81 Stat. 539; 
84 Stat. 1870. 
42 use 202. 
Establishment. 
Acceptance and 
participation, re-
quirements. 
1294 
PUBLIC LAW 92-585-OCT. 27, 1972 
[86 STAT. 
Payments. 
37 u s e 203 
note. 
Contract au-
thority. 
Obligations. 
Ante, 
p. 1290. 
Liability. 
Waiv 
"(c) Each participant in the Program will be authorized a scholar-
sliip for each approved academic year of training, not to exceed four 
years, in an amount prescribed by the Secretary and payable in 
monthly installments. The scholarship shall not exceed an amount 
equal to the basic pay and allowances of a commissioned officer on 
active duty in pay grade 0-1 with less than tw^o years of service, plus 
an amount to cover the reasonable cost of books, supplies, equipment, 
student medical expenses, and other necessary educational expenses 
which are not otherwise paid as a part of the basic tuition payment. 
"(d) The Secretary may contract with an accredited educational 
institution for the payment of tuition and other education expenses, 
not otherwise covered under subsection (c) of this section, for persons 
participating in the Program. If necessary, persons participating in 
the Program may be reimbursed for the actual cost of tuition and other 
educational expenses authorized in this subsection, in lieu of a contract 
with the educational institution. 
"(e) A person participating in the Program shall be obligated to 
serve on active duty as a commissioned officer in the Service or as 
a civilian member of the National Health Service Corps following 
completion of academic training, for a period of time prescribed by 
the Secretary which will not be less than one year of service on active 
duty for each academic year of training received under the Program. 
At least one-half of the period of service required by the preceding 
sentence must be spent providing health care and services (1) in an 
area designated under section 329(b), (2) as a member of the Indian 
Health Service or the Federal Health Programs Service and in an area 
(determined under section 329 or otherwise) to have a health man-
power shortage, or (3) in connection with any program, designated 
by the Secretary, for the provision of health care and services in such 
an area. For persons receiving a degree from a school of medicine, 
osteopathy, or dentistry, the commencement of a period of obligated 
service can be deferred for the period of time required to complete 
internship and residency training. For persons receiving degrees in 
other health professions the obligated service period will commence 
upon completion of their academic training. Periods of internship or 
residency shall not be creditable in satisfying an active duty service 
obligation under this subsection imless the internship or residency is 
served in a facility of the Service or other facility of the National 
Health Service Corps. 
"(f)(1) If, for any reason, a person fails to complete an active 
duty service obligation under this section, he shall be liable for the 
payment of an amount equal to the cost of tuition and other education 
expenses, and scholarship payments, paid under this section, plus 
interest at the maximum legal prevailing rate. Any amount which 
the L^nited States is entitled to recover under this paragraph shall, 
within the tliree-year period beginning on the date the United States 
becomes entitled to recover such amount, be paid to the United States. 
" (2) When a person undergoing training in the Program is academ-
icallv dismissed or voluntarily terminates academic training, he shall 
be liable for repayment to the Government for an amount equal to 
the cost of tuition and other educational expenses paid to or for him 
from Federal funds plus any scholarship payments which he received 
under the program. 
"(3) The Secretary shall by regulation provide for the waiver or 
suspension of any obligation under paragraph (1) or (^2) apnli-
cable to any individual whenever compliance by such individual is 
impossible or would involve extreme hardship to such individual and 
if enforcement of such obligation with respect to any individual 
would be against equity and good conscience. 
86 STAT. ] 
PUBLIC LAW 92-586-OCT. 27, 1972 
1295 
" (g) Notwithstanding any other provision of law, persons under-
going academic training under the Program shall not be comited 
against any employment ceiling affecting the Department of Health, 
Education, and Welfare. 
"(h) The Secretary shall issue regulations governing the imple-
mentation of this section. 
"(i) To carry out the Program, there is authorized to be appro-
priated $3,000,000 for the fiscal year ending June 30, 1974." 
Approved October 27, 1972. 
Employment 
ceiling, exception. 
Regulations. 
Appropriation. 
Public Law 92-586 
AN ACT 
To provide for the disposition of judgment funds of the Osage Tribe of Indians 
of Oklahoma. 
October 27, 1972 
[H. R. 7093] 
Be it eTiacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That (a) the Secre-
tary of the Interior is authorized and directed to distribute per capita 
to all persons whose names appear on the roll of the Osage Tribe of 
Indians approved by the Secretary of the Interior April 11, 1908, 
pursuant to the Act of June 28, 1906 (34 Stat. 539), all funds which 
were appropriated by the Act of January 8, 1971 (84 Stat. 1981), in 
satisfaction of a judgment that was obtained by the Osage Nation of 
Indians in the Indian Claims Commission against the United States in 
dockets numbered 105,106,107, and 108, together with interest thereon, 
except the sum of $1,000,000 and any funds that revert to the Osage 
Tribe and except the amount allowed for attorney fees and expenses 
and the cost of distribution. 
(b) The sum of $1,000,000 plus any funds that revert to the Osage 
Tribe may be advanced, expended, invested, or reinvested for the 
purpose of financing an education program or other socioeconomic 
programs of benefit to the Osage Tribe of Indians of Oklahoma, such 
programs to be administered as authorized by the Secretary of the 
Interior. 
(c) The Secretary of the Interior may make appropriate with-
drawals from the judgment funds and interest thereon, using interest 
funds first, to pay costs incident to carrying out the provisions of this 
Act. 
SEC. 2. (a) Except as provided in subsections (b) and (c) of this 
section, a share or proportional share payable to a living original Osage 
allottee shall be paid to such allottee. 
(b) A share of a deceased Osage allottee having died prior to or 
after the passage of this Act shall be distributed to his heirs of Osage 
Indian blood pursuant to an order determining heirs by the Secretary 
of the Interior or a court of competent jurisdiction of the State of 
Oklahoma, and such distributions by the Secretary of the Interior shall 
be final and conclusive. In the event the heirs of Osage Indian blood 
of an Osage Indian having died prior to or after the passage of this 
Act have not been determined by the Secretary of the Interior or a 
court of competent jurisdiction of the State of Oklahoma, such share 
shall be distributed to the heirs of Osage Indian blood upon the filing 
of proof of death and inheritance in accordance with the Oklahoma law 
of intestate succession in a form satisfactory to the Secretary of the 
Interior whose findings and determinations upon such proof shall be 
final and conclusive: Provided^ That when a person of Osage Indian 
blood receives an amount totaling less than $20 from one or more shares 
of one or more Osage allottees, that amount shall not be distributed 
to the individual, but will revert to the Osage Tribe. 
Indians. 
Osage Tribe, 
Okla. 
Judgment funds, 
disposition. 
Education pro-
gram. 
Fund with-
drawals. 
Distribution. 
Exception.