US (United States) Code. Title 42. Chapter 6A: Public Health Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 434 páginas

publicidad
cursos destacados
Curso completo de piano - Nivel básico
Curso completo de piano - Nivel básico
Este curso de piano está pensado para todos aquellos principiantes que deseen comenzar a tocar el piano o el...
Ver más información

Graba audio con Apple Logic Pro 9
Graba audio con Apple Logic Pro 9
En este curso aprenderemos a realizar grabaciones de audio de calidad utilizando Apple Logic Pro 9. Exploraremos todo...
Ver más información


-CITE-

42 USC CHAPTER 6A - PUBLIC HEALTH SERVICE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

-MISC1-

CHAPTER 6A - PUBLIC HEALTH SERVICE

-MISC1-

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Sec.

201. Definitions.

PART A - ADMINISTRATION

202. Administration and supervision of Service.

203. Organization of Service.

204. Commissioned corps; composition; appointment of

Regular and Reserve officers; appointment and

status of warrant officers.

205. Appointment and tenure of office of Surgeon

General; reversion in rank.

206. Assignment of officers.

(a) Deputy Surgeon General.

(b) Assistant Surgeons General.

(c) Creation of temporary positions as Assistant

Surgeons General.

(d) Designation of Assistant Surgeon General

with respect to absence, disability, or

vacancy in offices of Surgeon General and

Deputy Surgeon General.

207. Grades, ranks, and titles of commissioned corps.

(a) Grades of commissioned officers.

(b) Titles of medical officers.

(c) Repealed.

(d) Maximum number in grade for each fiscal

year.

(e) Exception to grade limitations for officers

assigned to Department of Defense.

(f) Exception to maximum number limitations for

officers assigned to Department of Defense.

208. Repealed.

209. Appointment of personnel.

(a) Original appointments to Regular and Reserve

Corps; limitation on appointment and call

to active duty.

(b) Grade and number of original appointments.

(c) Issuance of commissions.

(d) Date of appointment; credit for service.

(e) Reappointment; credit for service.

(f) Special consultants.

(g) Designation for fellowships; duties; pay.

(h) Aliens.

(i) Civil service appointments by Secretary.

209a to

209c. Omitted or Repealed.

209d. Appointment of osteopaths as commissioned

officers.

210. Pay and allowances.

(a) Commissioned officers of Regular and Reserve

Corps; special pay for active duty;

incentive special pay for Public Health

Service nurses.

(b) Purchase of supplies.

(c) Members of national advisory or review

councils or committees.

(d) Field employees.

(e) Additional pay for service at Gillis W. Long

Hansen's Disease Center.

(f) Allowances included in fellowships.

(g) Positions in professional, scientific and

executive service; compensation;

appointment.

210-1. Annual and sick leave.

(a) Regulations.

(b), (c) Repealed.

(d) Definitions.

210a. Repealed.

210b. Professional categories.

(a) Division of corps; basis of categories.

(b) Assignment of officers.

(c) Maximum number of officers in each category.

(d) Vacancies in grade for purposes of

promotion.

(e) Absence of vacancy in grade as affecting

promotion.

(f) Vacancy in grade as affecting maximum number

for each category.

211. Promotion of commissioned officers.

(a) Permanent or temporary promotions;

examination.

(b) Promotion to certain grades only to fill

vacancies; regulations; "restricted grade"

defined.

(c) Examinations.

(d) Permanent promotions to qualified officers

on length of service.

(e) Promotion of professional category officers

to fill certain vacancies.

(f) Reexamination upon failure of promotion;

effective date of promotion.

(g) Separation from service upon failure of

promotion.

(h) Separation from service upon refusal to

stand examination.

(i) Review of record; separation from service.

(j) Determination of order of seniority.

(k) Temporary promotions; fill vacancy in higher

grade; war or national emergency; selection

of officers; termination of appointment.

(l) Determination of requirements of Service by

Secretary; assignment of Reserve Officers

to professional categories; temporary

promotions; termination of temporary

promotions.

(m) Acceptance of promotion; oath and affidavit.

211a, 211b. Repealed.

211c. Promotion credit for medical officers in assistant

grade.

212. Retirement of commissioned officers.

(a) Age; voluntariness; length of service;

computation of retired pay.

(b) Basic pay of highest temporary grade.

(c) Recall to active duty.

(d) "Active service" defined.

(e) Crediting of part of year.

(f) Retirement or separation for physical

disability.

212a, 212b. Repealed.

213. Military benefits.

(a) Rights, privileges, immunities, and benefits

accorded to commissioned officers or their

survivors.

(b) Award of decorations.

(c) Authority of Surgeon General.

(d) Active service deemed active military

service with respect to laws administered

by Secretary of Veterans Affairs.

(e) Active service deemed active military

service with respect to Soldiers' and

Sailors' Civil Relief Act of 1940.

(f) Active service deemed active military

service with respect to anti-discrimination

laws.

213a. Rights, benefits, privileges, and immunities for

commissioned officers or beneficiaries; exercise

of authority by Secretary or designee.

214. Presentation of United States flag upon

retirement.

(a) Presentation of flag.

(b) Multiple presentations not authorized.

(c) No cost to recipient.

214a. Repealed.

215. Detail of Service personnel.

(a) Other Government departments.

(b) State health or mental health authorities.

(c) Congressional committees and nonprofit

educational, research, or other

institutions engaged in health activities

for special studies and dissemination of

information.

(d) Availability of funds; reimbursement by

State; detailed services deemed service for

computation of pay, promotion, etc.

216. Regulations.

(a) Prescription by President: appointments,

retirement, etc.

(b) Promulgation by Surgeon General;

administration of Service.

(c) Preference to school of medicine.

217. Use of Service in time of war or emergency.

217a. Advisory councils or committees.

(a) Appointment; purpose.

(b) Compensation and allowances of members not

full-time employees of United States.

(c) Delegation of functions.

217a-1. Advisory committees; prohibition of consideration

of political affiliations.

217b. Volunteer services.

218. National Advisory Councils on Migrant Health.

(a) Appointment; duties.

(b) Membership.

(c) Terms of office.

(d) Applicability of section 14(a) of Federal

Advisory Committee Act.

218a. Training of officers.

(a) In general.

(b) Voluntary separation within period

subsequent to attendance.

(c) Training in leave without pay status.

219 to 230. Transferred, Repealed, or Omitted.

231. Service and supply fund; uses; reimbursement.

232. National Institute of Mental Health; authorization

of appropriation; construction; location.

233. Civil actions or proceedings against commissioned

officers or employees.

(a) Exclusiveness of remedy.

(b) Attorney General to defend action or

proceeding; delivery of process to

designated official; furnishing of copies

of pleading and process to United States

attorney, Attorney General, and Secretary.

(c) Removal to United States district court;

procedure; proceeding upon removal deemed a

tort action against United States; hearing

on motion to remand to determine

availability of remedy against United

States; remand to State court or dismissal.

(d) Compromise or settlement of claim by

Attorney General.

(e) Assault or battery.

(f) Authority of Secretary or designee to hold

harmless or provide liability insurance for

assigned or detailed employees.

(g) Exclusivity of remedy against United States

for entities deemed Public Health Service

employees; coverage for services furnished

to individuals other than center patients;

application process; subrogation of medical

malpractice claims; applicable period;

entity and contractor defined.

(h) Qualifications for designation as Public

Health Service employee.

(i) Authority of Attorney General to exclude

health care professionals from coverage.

(j) Remedy for denial of hospital admitting

privileges to certain health care

providers.

(k) Estimate of annual claims by Attorney

General; criteria; establishment of fund;

transfer of funds to Treasury accounts.

(l) Timely response to filing of action or

proceeding.

(m) Application of coverage to managed care

plans.

(n) Report on risk exposure of covered entities.

(o) Volunteer services provided by health

professionals at free clinics.

(p) Administration of smallpox countermeasures

by health professionals.

234. Repealed.

235. Administration of grants in multigrant projects;

promulgation of regulations.

236. Orphan Products Board.

(a) Establishment; composition; chairman.

(b) Function.

(c) Duties with respect to drugs for rare

diseases or conditions.

(d) Consultation.

(e) Annual report; contents.

237. Silvio O. Conte Senior Biomedical Research

Service.

(a) Creation; number of members.

(b) Appointments; qualifications; provisions

inapplicable to members.

(c) Performance appraisal system.

(d) Pay of members.

(e) Contribution to retirement system of

institutions of higher education.

(f) Career and noncareer appointment of certain

individuals.

(g) Rules and regulations.

PART B - MISCELLANEOUS PROVISIONS

238. Gifts for benefit of Service.

(a) Acceptance by Secretary.

(b) Depository of funds; availability for

expenditure.

(c) Evidences of unconditional gifts of

intangible property.

(d) Real property or tangible personal property.

238a. Use of immigration station hospitals.

238b. Disposition of money collected for care of

patients.

238c. Transportation of remains of officers.

238d. Availability of appropriations for grants to

Federal institutions.

238e. Transfer of funds.

238f. Availability of appropriations.

238g. Wearing of uniforms.

238h. Biennial report.

238i. Memorials and other acknowledgments for

contributions to health of Nation.

238j. Evaluation of programs.

(a) In general.

(b) Report on evaluations.

238k. Contract authority.

238l. Recovery.

(a) Right of United States to recover base

amount plus interest.

(b) Notice of sale, transfer, or change.

(c) Base amount; interest.

(d) Waiver of recovery rights.

(e) Pre-judgment lien.

238m. Use of fiscal agents.

(a) Contracting authority.

(b) Contracting prerequisites.

(c) Advances under contracts.

(d) Applicable statutory provisions.

(e) "Fiscal agent" defined.

238n. Abortion-related discrimination in governmental

activities regarding training and licensing of

physicians.

(a) In general.

(b) Accreditation of postgraduate physician

training programs.

(c) Definitions.

238o. Restriction on use of funds for assisted suicide,

euthanasia, and mercy killing.

238p. Recommendations and guidelines regarding automated

external defibrillators for Federal buildings.

(a) Guidelines on placement.

(b) Related recommendations.

(c) Consultations; consideration of certain

recommendations.

(d) Date certain for establishing guidelines and

recommendations.

(e) Definitions.

238q. Liability regarding emergency use of automated

external defibrillators.

(a) Good Samaritan protections regarding AEDs.

(b) Inapplicability of immunity.

(c) Rules of construction.

(d) Federal jurisdiction.

(e) Definitions.

SUBCHAPTER II - GENERAL POWERS AND DUTIES

PART A - RESEARCH AND INVESTIGATIONS

241. Research and investigations generally.

(a) Authority of Secretary.

(b) Testing for carcinogenicity, teratogenicity,

mutagenicity, and other harmful biological

effects; consultation.

(c) Diseases not significantly occurring in

United States.

(d) Protection of privacy of individuals who are

research subjects.

242. Studies and investigations on use and misuse of

narcotic drugs and other drugs; annual report to

Attorney General; cooperation with States.

242a. Repealed.

242b. General authority respecting research,

evaluations, and demonstrations in health

statistics, health services, and health care

technology.

(a) Scope of activities.

(b) Additional authority; scope of activities.

(c) Coordination of activities through units of

Department.

242c to

242j. Repealed or Transferred.

242k. National Center for Health Statistics.

(a) Establishment; appointment of Director;

statistical and epidemiological activities.

(b) Duties.

(c) Statistical and epidemiological compilations

and surveys.

(d) Technical aid to States and localities.

(e) Cooperative Health Statistics System.

(f) Federal-State cooperation.

(g) Collection of health data; data collection

forms.

(h) Registration area records.

(i) Technical assistance in effective use of

statistics.

(j) Coordination of health statistical and

epidemiological activities.

(k) National Committee on Vital and Health

Statistics; establishment; membership; term

of office; compensation; functions;

consultations of Secretary with Committee

and professional advisory groups.

(l) Data specific to particular ethnic and

racial populations.

(m) Grants for assembly and analysis of data on

ethnic and racial populations.

(n) Authorization of appropriations.

242l. International cooperation.

(a) Cooperative endeavors; statement of purpose.

(b) Authority of Secretary; building

construction prohibition.

(c) Benefits for overseas assignees.

242m. General provisions respecting effectiveness,

efficiency, and quality of health services.

(a) Reports to Congress and President;

preparation; review by Office of Management

and Budget.

(b) Grants or contracts; applications,

submittal; application peer review group,

findings and recommendations; necessity of

favorable recommendation; appointments.

(c) Development and dissemination of statistics.

(d) Information; publication restrictions.

(e) Payment procedures; advances or

reimbursement; installments; conditions;

reductions.

(f) Contracts without regard to section 3324 of

title 31 and section 5 of title 41.

242n. Repealed.

242o. Health conferences; publication of health

educational information.

242p. National disease prevention data profile.

242q. Task Force on Aging Research; establishment and

duties.

(a) Establishment.

(b) Duties.

(c) Provision of information to public.

242q-1. Membership.

(a) Composition.

(b) Chair.

(c) Quorum.

(d) Meetings.

(e) Compensation and expenses.

242q-2. Administrative staff and support.

242q-3. Reports.

(a) In general.

(b) Availability to public.

242q-4. Definitions.

242q-5. Authorization of appropriations.

PART B - FEDERAL-STATE COOPERATION

243. General grant of authority for cooperation.

(a) Enforcement of quarantine regulations;

prevention of communicable diseases.

(b) Comprehensive and continuing planning;

training of personnel for State and local

health work; fees.

(c) Development of plan to control epidemics and

meet emergencies or problems resulting from

disasters; cooperative planning; temporary

assistance; reimbursement of United States.

244. Public access defibrillation programs.

(a) In general.

(b) Preference.

(c) Use of funds.

(d) Application.

(e) Authorization of appropriations.

244-1, 244a.Repealed.

245. Public access defibrillation demonstration

projects.

(a) In general.

(b) Use of funds.

(c) Application.

(d) Authorization of appropriations.

245a. Repealed.

246. Grants and services to States.

(a) Comprehensive health planning and services.

(b) Project grants for areawide health planning;

authorization of appropriations;

prerequisites for grants; application;

contents.

(c) Project grants for training, studies, and

demonstrations; authorization of

appropriations.

246a. Bureau of State Services management fund;

establishment; advancements; availability.

247. Omitted.

247a. Family support groups for Alzheimer's disease

patients.

(a) Establishment; priorities.

(b) National network to coordinate groups.

247b. Project grants for preventive health services.

(a) Grant authority.

(b) Application.

(c) Approval; annual project review.

(d) Amount of grant; payment.

(e) Reduction.

(f) Recordkeeping; audit authority.

(g) Use of grant funds; mandatory treatment

prohibited.

(h) Reports.

(i) Technical assistance.

(j) Authorization of appropriations.

(k) Additional grants to States, political

subdivisions, and other public and

nonprofit private entities.

247b-1. Screenings, referrals, and education regarding

lead poisoning.

(a) Authority for grants.

(b) Status as medicaid provider.

(c) Priority in making grants.

(d) Grant application.

(e) Relationship to services and activities

under other programs.

(f) Method and amount of payment.

(g) Supplies, equipment, and employee detail.

(h) Records.

(i) Audit and examination of records.

(j) Annual report.

(k) Indian tribes.

(l) Funding.

(m) Guidelines for standardized reporting.

247b-2. Repealed.

247b-3. Education, technology assessment, and epidemiology

regarding lead poisoning.

(a) Prevention.

(b) Technology assessment and epidemiology.

247b-3a. Training and reports by the Health Resources and

Services Administration.

(a) Training.

(b) Report.

(c) Authorization of appropriations.

247b-4. National Center on Birth Defects and Developmental

Disabilities.

(a) In general.

(b) Additional provisions regarding collection

of data.

(c) Grants and contracts.

(d) Biennial report.

(e) Applicability of privacy laws.

(f) Authorization of appropriations.

247b-4a. Early detection, diagnosis, and interventions for

newborns and infants with hearing loss.

(a) Definitions.

(b) Purposes.

(c) Statewide newborn and infant hearing

screening, evaluation and intervention

programs and systems.

(d) Technical assistance, data management, and

applied research.

(e) Coordination and collaboration.

(f) Rule of construction.

(g) Authorization of appropriations.

247b-4b. Developmental disabilities surveillance and

research programs.

(a) National autism and pervasive developmental

disabilities surveillance program.

(b) Centers of excellence in autism and

pervasive developmental disabilities

epidemiology.

(c) Clearinghouse.

(d) Definition.

(e) Authorization of appropriations.

247b-4c. Information and education.

(a) In general.

(b) Stipends.

(c) Authorization of appropriations.

247b-4d. Inter-agency Autism Coordinating Committee.

(a) Establishment.

(b) Membership.

(c) Administrative support; terms of service;

other provisions.

247b-4e. Report to Congress.

247b-5. Preventive health measures with respect to

prostate cancer.

(a) In general.

(b) Requirement of matching funds.

(c) Education on significance of early

detection.

(d) Requirement of provision of all services by

date certain.

(e) Additional required agreements.

(f) Reports to Secretary.

(g) Description of intended uses of grant.

(h) Requirement of submission of application.

(i) Method and amount of payment.

(j) Technical assistance and provision of

supplies and services in lieu of grant

funds.

(k) "Units of local government" defined.

(l) Authorization of appropriations.

247b-6. Preventive health services regarding tuberculosis.

(a) In general.

(b) Research, demonstration projects, education,

and training.

(c) Cooperation with providers of primary health

services.

(d) Application for grant.

(e) Supplies and services in lieu of grant

funds.

(f) Advisory Council.

(g) Funding.

247b-7. Loan repayment program.

(a) In general.

(b) Applicability of certain provisions.

(c) Authorization of appropriations.

(d) Availability of appropriations.

247b-8. Fellowship and training programs.

247b-9. Diabetes in children and youth.

(a) Surveillance on juvenile diabetes.

(b) Type 2 diabetes in youth.

(c) Authorization of appropriations.

247b-10. Compilation of data on asthma.

(a) In general.

(b) Surveillance activities.

(c) Collaborative efforts.

(d) Authorization of appropriations.

247b-11. Effects of folic acid in prevention of birth

defects.

(a) In general.

(b) Consultations with States and private

entities.

(c) Technical assistance.

(d) Evaluations.

(e) Authorization of appropriations.

247b-12. Safe motherhood.

(a) Surveillance.

(b) Prevention research.

(c) Prevention programs.

(d) Authorization of appropriations.

247b-13. Prenatal and postnatal health.

(a) In general.

(b) Grants.

(c) Authorization of appropriations.

247b-14. Oral health promotion and disease prevention.

(a) Grants to increase resources for community

water fluoridation.

(b) Community water fluoridation.

(c) School-based dental sealant program.

(d) Definitions.

(e) Authorization of appropriations.

247b-14a. Identification of interventions that reduce the

burden and transmission of oral, dental, and

craniofacial diseases in high risk populations;

development of approaches for pediatric oral and

craniofacial assessment.

(a) In general.

(b) Compliance with State practice laws.

(c) Authorization of appropriations.

247b-15. Surveillance and education regarding hepatitis C

virus.

(a) In general.

(b) Laboratory procedures.

(c) Authorization of appropriations.

247b-16. Grants for lead poisoning related activities.

(a) Authority to make grants.

(b) Coordination with other children's programs.

(c) Performance measures.

(d) Authorization of appropriations.

247b-17. Human papillomavirus.

(a) Surveillance.

(b) Prevention activities; education program.

(c) HPV education and prevention.

247b-18. Surveillance and research regarding muscular

dystrophy.

(a) In general.

(b) National muscular dystrophy epidemiology

program.

(c) Coordination with centers of excellence.

(d) Authorization of appropriations.

247b-19. Information and education.

(a) In general.

(b) Stipends.

(c) Authorization of appropriations.

247b-20. Food safety grants.

(a) In general.

(b) Authorization of appropriations.

247c. Sexually transmitted diseases; prevention and

control projects and programs.

(a) Technical assistance to public and nonprofit

private entities and scientific

institutions.

(b) Research, demonstration, and public

information and education projects.

(c) Project grants to States.

(d) Grants for innovative, interdisciplinary

approaches.

(e) Authorization of appropriations; terms and

conditions; payments; recordkeeping; audit;

grant reduction; information disclosure.

(f) Consent of individuals.

247c-1. Infertility and sexually transmitted diseases.

(a) In general.

(b) Authority regarding individual diseases.

(c) Authorized activities.

(d) Requirement of availability of all services

through each grantee.

(e) Required providers regarding certain

services.

(f) Quality assurance regarding screening for

diseases.

(g) Confidentiality.

(h) Limitation on imposition of fees for

services.

(i) Limitations on certain expenditures.

(j) Reports to Secretary.

(k) Maintenance of effort.

(l) Requirement of application.

(m) Duration of grant.

(n) Technical assistance, and supplies and

services in lieu of grant funds.

(o) Evaluations and reports by Secretary.

(p) Coordination of Federal programs.

(q) Authorization of appropriations.

(r) Separate grants for research on delivery of

services.

247c-2. Data collection regarding programs under

subchapter XXIV.

247d. Public health emergencies.

(a) Emergencies.

(b) Public Health Emergency Fund.

(c) Supplement not supplant.

(d) Data submittal and reporting deadlines.

247d-1. National needs to combat threats to public health.

(a) Capacities.

(b) Supplement not supplant.

(c) Technical assistance.

(d) Authorization of appropriations.

247d-2. Assessment of public health needs.

(a) Program authorized.

(b) Procedure.

(c) Report.

(d) Supplement not supplant.

(e) Authorization of appropriations.

247d-3. Grants to improve State and local public health

agencies.

(a) Program authorized.

(b) Eligible entities.

(c) Use of funds.

(d) Report.

(e) Supplement not supplant.

247d-3a. Grants to improve State, local, and hospital

preparedness for and response to bioterrorism and

other public health emergencies.

(a) In general.

(b) Eligible entities.

(c) Bioterrorism and Other Public Health

Emergency Preparedness and Response Plan.

(d) Use of funds.

(e) Priorities in use of grants.

(f) Certain activities.

(g) Coordination with local Medical Response

System.

(h) Coordination of Federal activities.

(i) Definition.

(j) Funding.

247d-3b. Partnerships for community and hospital

preparedness.

(a) Grants.

(b) Eligibility.

(c) Regional coordination.

(d) Consistency of planned activities.

(e) Use of funds.

(f) Limitation on awards.

(g) Priorities in use of grants.

(h) Coordination with local Medical Response

System.

(i) Authorization of appropriations.

247d-4. Revitalizing the Centers for Disease Control and

Prevention.

(a) Facilities; capacities.

(b) National communications and surveillance

networks.

(c) Authorization of appropriations.

247d-5. Combating antimicrobial resistance.

(a) Task force.

(b) Research and development of new

antimicrobial drugs and diagnostics.

(c) Education of medical and public health

personnel.

(d) Grants.

(e) Grants for demonstration programs.

(f) Supplement not supplant.

(g) Authorization of appropriations.

247d-6. Public health countermeasures to a bioterrorist

attack.

(a) Working group on bioterrorism and other

public health emergencies.

(b) Advice to the Federal Government.

(c) Strategy for communication of information

regarding bioterrorism and other public

health emergencies.

(d) Recommendation of Congress regarding

official Federal Internet site on

bioterrorism.

(e) Grants.

(f) Federal assistance.

(g) Education; training regarding pediatric

issues.

(h) Accelerated research and development on

priority pathogens and countermeasures.

(i) General Accounting Office report.

(j) Supplement not supplant.

247d-7. Demonstration program to enhance bioterrorism

training, coordination, and readiness.

(a) In general.

(b) Eligible entities.

(c) Specific criteria.

(d) Duration of award.

(e) Supplement not supplant.

(f) General Accounting Office report.

(g) Authorization of appropriations.

247d-7a. Grants regarding training and education of certain

health professionals.

(a) In general.

(b) Authority regarding non-Federal

contributions.

(c) Authorization of appropriations.

247d-7b. Emergency system for advance registration of

health professions volunteers.

(a) In general.

(b) Certain criteria.

(c) Other assistance.

(d) Coordination among States.

(e) Rule of construction.

(f) Authorization of appropriations.

247d-7c. Supplies and services in lieu of award funds.

(a) In general.

(b) Corresponding reduction in payments.

247d-7d. Security for countermeasure development and

production.

(a) In general.

(b) Guidelines.

247d-8. Coordinated program to improve pediatric oral

health.

(a) In general.

(b) Grants.

(c) Distribution.

(d) Authorization of appropriations.

PART C - HOSPITALS, MEDICAL EXAMINATIONS, AND MEDICAL CARE

247e. National Hansen's Disease Programs Center.

(a) Care and treatment.

(b) Additional sites authorized.

(c) Agency designated by Secretary.

(d) Payments to Board of Health of Hawaii.

248. Control and management of hospitals; furnishing

prosthetic and orthopedic devices; transfer of

patients; disposal of articles produced by

patients; disposal of money and effects of

deceased patients; payment of burial expenses.

248a. Closing or transfer of hospitals; reduction of

services; Congressional authorization required.

248b. Transfer or financial self-sufficiency of public

health service hospitals and clinics.

(a) Deadline for closure, transfer, or financial

self-sufficiency.

(b) Proposals for transfer or financial

self-sufficiency.

(c) Evaluation of proposals.

(d) Rejection or approval of proposal.

(e) Establishment of identifiable administrative

unit.

(f) Finding of financial self-sufficiency.

248c, 248d. Repealed.

249. Medical care and treatment of quarantined and

detained persons.

(a) Persons entitled to treatment.

(b) Temporary treatment in emergency cases.

(c) Authorization for outside treatment.

250. Medical care and treatment of Federal prisoners.

250a. Transfer of appropriations.

251. Medical examination and treatment of Federal

employees; medical care at remote stations.

252. Medical examination of aliens.

253. Medical services to Coast Guard, National Oceanic

and Atmospheric Administration, and Public Health

Service.

(a) Persons entitled to medical services.

(b) Health care for involuntarily separated

officers and dependents.

(c) Examination of personnel of Service assigned

to Coast Guard or National Oceanic and

Atmospheric Administration.

253a. Medical services to retired personnel of National

Oceanic and Atmospheric Administration.

(a) Eligibility.

(b) Treatment of dependents of personnel.

(c) Identification.

253b. Former Lighthouse Service employees; medical

service eligibility.

254. Interdepartmental work.

254a. Sharing of medical care facilities and resources.

(a) Definitions.

(b) Statement of purpose; agreements or

arrangements; reciprocity; reimbursement;

credits.

PART D - PRIMARY HEALTH CARE

SUBPART I - HEALTH CENTERS

254b. Health centers.

(a) "Health center" defined.

(b) Definitions.

(c) Planning grants.

(d) Loan guarantee program.

(e) Operating grants.

(f) Infant mortality grants.

(g) Migratory and seasonal agricultural workers.

(h) Homeless population.

(i) Residents of public housing.

(j) Access grants.

(j) Applications.

(k) Technical and other assistance.

(l) Redesignated (s).

(m) Memorandum of agreement.

(n) Records.

(o) Delegation of authority.

(p) Special consideration.

(q) Audits.

(s) Authorization of appropriations.

254c. Rural health care services outreach, rural health

network development, and small health care

provider quality improvement grant programs.

(a) Purpose.

(b) Definitions.

(c) Program.

(d) Administration.

(e) Rural health care services outreach grants.

(f) Rural health network development grants.

(g) Small health care provider quality

improvement grants.

(h) General requirements.

(i) Report.

(j) Authorization of appropriations.

254c-1. Grants for health services for Pacific Islanders.

(a) Grants.

(b) Use of grants or contracts.

(c) Advisory Council.

(d) Advisory Council functions.

(e) Omitted.

(f) Authorization of appropriation.

254c-2. Special diabetes programs for type I diabetes.

(a) In general.

(b) Funding.

254c-3. Special diabetes programs for Indians.

(a) In general.

(b) Services through Indian health facilities.

(c) Funding.

254c-4. Centers for strategies on facilitating utilization

of preventive health services among various

populations.

(a) In general.

(b) Research and training.

(c) Priority regarding infants and children.

(d) Authorization of appropriations.

254c-5. Epilepsy; seizure disorder.

(a) National public health campaign.

(b) Seizure disorder; demonstration projects in

medically underserved areas.

(c) Definitions.

(d) Authorization of appropriations.

254c-6. Certain services for pregnant women.

(a) Infant adoption awareness.

(b) Application for grant.

(c) Authorization of appropriations.

254c-7. Special needs adoption programs; public awareness

campaign and other activities.

(a) Special needs adoption awareness campaign.

(b) National resources program.

(c) Other programs.

(d) Application for grant.

(e) Funding.

254c-8. Healthy start for infants.

(a) In general.

(b) Requirements for making grants.

(c) Coordination.

(d) Rule of construction.

(e) Additional services for at-risk pregnant

women and infants.

(f) Funding.

254c-9. Establishment of program of grants.

(a) In general.

(b) Recipients of grants.

(c) Certain activities.

(d) Integration with other programs.

254c-10. Certain requirements.

254c-11. Technical assistance.

254c-12. Definitions.

254c-13. Authorization of appropriations.

254c-14. Telehealth network and telehealth resource centers

grant programs.

(a) Definitions.

(b) Programs.

(c) Administration.

(d) Grants.

(e) Grant periods.

(f) Eligible entities.

(g) Applications.

(h) Terms; conditions; maximum amount of

assistance.

(i) Preferences.

(j) Distribution of funds.

(k) Use of funds.

(l) Prohibited uses of funds.

(m) Collaboration.

(n) Coordination with other agencies.

(o) Outreach activities.

(p) Telehealth.

(q) Report.

(r) Regulations.

(s) Authorization of appropriations.

254c-15. Rural emergency medical service training and

equipment assistance program.

(a) Grants.

(b) Eligibility.

(c) Use of funds.

(d) Preference.

(e) Matching requirement.

(f) Emergency medical services.

(g) Authorization of appropriations.

254c-16. Mental health services delivered via telehealth.

(a) Definitions.

(b) Program authorized.

(c) Use of funds.

(d) Equitable distribution.

(e) Application.

(f) Report.

(g) Authorization of appropriations.

254c-17. Telemedicine; incentive grants regarding

coordination among States.

(a) In general.

(b) Authorization of appropriations.

SUBPART II - NATIONAL HEALTH SERVICE CORPS PROGRAM

254d. National Health Service Corps.

(a) Establishment; composition; purpose;

definitions.

(b) Recruitment and fellowship programs.

(c) Travel and moving expenses; persons

entitled; reimbursement; limitation.

(d) Monthly pay adjustments of members directly

engaged in delivery of health services in

health professional shortage area; "monthly

pay" defined; monthly pay adjustment of

member with service obligation incurred

under Scholarship Program or Loan Repayment

Program; personnel system applicable.

(e) Employment ceiling of Department not

affected by Corps members.

(f) Assignment of personnel provisions

inapplicable to members whose service

obligation incurred under Scholarship

Program or Loan Repayment Program.

(g) Conversion from Corps member to commissioned

officer; retirement credits.

(h) Effective administration of program.

(i) Demonstration projects; waivers.

(j) Definitions.

254e. Health professional shortage areas.

(a) Designation by Secretary; removal from areas

designated; "medical facility" defined.

(b) Criteria for designation of health

professional shortage areas; promulgation

of regulations.

(c) Considerations in determination of

designation.

(d) Designation; publication of descriptive

lists.

(e) Notice of proposed designation of areas and

facilities; time for comment.

(f) Notice of designation.

(g) Recommendations to Secretary.

(h) Public information programs in designated

areas.

(i) Dissemination.

254f. Corps personnel.

(a) Conditions necessary for assignment of Corps

personnel to area; contents of application

for assignment; assignment to particular

facility; approval of applications.

(b) Corps member income assurances; grants

respecting sufficiency of financial

resources.

(c) Assignment of members without regard to

ability of area to pay for services.

(d) Entities entitled to aid; forms of

assistance; coordination of efforts;

agreements for assignment of Corps members;

qualified entity.

(e) Practice within State by Corps member.

254f-1. Priorities in assignment of Corps personnel.

(a) In general.

(b) Establishment of criteria for determining

priorities.

(c) Notifications regarding priorities.

(d) Limitation on number of entities offered as

assignment choices in Scholarship Program.

254g. Charges for services by entities using Corps

members.

(a) Availability of services regardless of

ability to pay or payment source.

(b) Charges for services.

254h. Provision of health services by Corps members.

(a) Means of delivery of services; cooperation

with other health care providers.

(b) Utilization of existing health facilities;

lease, acquisition, and use of equipment

and supplies; permanent and temporary

professional services.

(c) Loan; purposes; limitations.

(d) Property and equipment disposal; fair market

value; sale at less than full market value.

(e) Admitting privileges denied to Corps member

by hospital; notice and hearing; denial of

Federal funds for violation; "hospital"

defined.

254h-1. Facilitation of effective provision of Corps

services.

(a) Consideration of individual characteristics

of members in making assignments.

(b) Counseling on service in Corps.

(c) Grants regarding preparation of students for

practice.

(d) Assistance in establishing local

professional relationships.

(e) Temporary relief from Corps duties.

(f) Determinations regarding effective service.

254i. Annual report to Congress; contents.

254j. National Advisory Council on National Health

Service Corps.

(a) Establishment; appointment of members.

(b) Term of members; compensation; expenses.

(c) Termination.

254k. Authorization of appropriations.

SUBPART III - SCHOLARSHIP PROGRAM AND LOAN REPAYMENT PROGRAM

254l. National Health Service Corps Scholarship Program.

(a) Establishment.

(b) Eligibility; application; written contract.

(c) Review and evaluation of information and

forms by prospective applicant.

(d) Factors considered in providing contracts;

priorities.

(e) Commencement of participation in Scholarship

Program; notice.

(f) Written contract; contents.

(g) Scholarship provisions; contract with

educational institution; increase in

monthly stipend.

(h) Employment ceiling of Department unaffected.

254l-1. National Health Service Corps Loan Repayment

Program.

(a) Establishment.

(b) Eligibility.

(c) Information to be included with application

and contract forms; understandability;

availability.

(d) Factors considered in providing contracts;

priorities.

(e) Approval required for participation.

(f) Contents of contracts.

(g) Payments.

(h) Employment ceiling.

254m. Obligated service under contract.

(a) Service in full-time clinical practice.

(b) Notice to individual; information for

informed decision; eligibility; notice to

Secretary; qualification and appointment as

commissioned officer; appointment as

civilian member; designation of non-United

States employee as member; deferment of

obligated service.

(c) Obligated service period; commencement.

(d) Assignment of personnel.

254n. Private practice.

(a) Application for release of obligations;

conditions.

(b) Written agreement; actions to ensure

compliance.

(c) Breach of service contract.

(d) Travel expenses.

(e) Sale of equipment and supplies.

(f) Malpractice insurance.

(g) Technical assistance.

254o. Breach of scholarship contract or loan repayment

contract.

(a) Failure to maintain academic standing;

dismissal from institution; voluntary

termination; liability; failure to accept

payment.

(b) Failure to commence or complete service

obligations; formula to determine

liability; payment to United States;

recovery of delinquent damages; disclosure

to credit reporting agencies.

(c) Failure to commence or complete service

obligations for other reasons;

determination of liability; payment to

United States; waiver of recovery for

extreme hardship or good cause shown.

(d) Cancellation of obligation upon death of

individual; waiver or suspension of

obligation for impossibility, hardship, or

unconscionability; release of debt by

discharge in bankruptcy, time limitations.

(e) Inapplicability of Federal and State statute

of limitations on actions for collection.

254o-1. Fund regarding use of amounts recovered for

contract breach to replace services lost as

result of breach.

(a) Establishment of Fund.

(b) Authorization of appropriations to Fund.

(c) Use of Fund.

(d) Investment.

254p. Special loans for former Corps members to enter

private practice.

(a) Persons entitled; conditions.

(b) Amount of loan; maximum interest rate.

(c) Application for loan; submission and

approval; interest rates and repayment

terms.

(d) Breach of agreement; notice; determination

of liability.

254q. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Scholarships for new participants.

(c) Scholarships and loan repayments.

254q-1. Grants to States for loan repayment programs.

(a) In general.

(b) Requirement of matching funds.

(c) Coordination with Federal program.

(d) Restrictions on use of funds.

(e) Reports.

(f) Requirement of application.

(g) Noncompliance.

(h) "State" defined.

(i) Authorization of appropriations.

254r. Grants to States for operation of offices of rural

health.

(a) In general.

(b) Requirement of matching funds.

(c) Certain required activities.

(d) Requirement regarding annual budget for

office.

(e) Certain uses of funds.

(f) Reports.

(g) Requirement of application.

(h) Noncompliance.

(i) "State" defined.

(j) Authorization of appropriations.

(k) Termination of program.

254s. Native Hawaiian Health Scholarships.

(a) Eligibility.

(b) Terms and conditions.

(c) "Native Hawaiian" defined.

(d) Authorization of appropriations.

254t. Demonstration project.

(a) Program authorized.

(b) Procedure.

(c) Limitations.

(d) Designations.

(e) Rule of construction.

(f) Report.

(g) Authorization of appropriations.

SUBPART IV - HOME HEALTH SERVICES

255. Home health services.

(a) Purpose; authorization of grants and loans;

considerations; conditions on loans;

appropriations.

(b) Grants and contracts for training programs

for paraprofessionals; considerations;

applications; appropriations.

(c) Report to Congress with respect to grants

and loans and training of personnel.

(d) "Home health services" defined.

SUBPART V - HEALTHY COMMUNITIES ACCESS PROGRAM

256. Grants to strengthen the effectiveness,

efficiency, and coordination of services for the

uninsured and underinsured.

(a) In general.

(b) Eligible entities.

(c) Limitations.

(d) Priorities.

(e) Use of funds.

(f) Grantee requirements.

(g) Maintenance of effort.

(h) Technical assistance.

(i) Evaluation of program.

(j) Demonstration authority.

(k) Authorization of appropriations.

(l) Date certain for termination of program.

SUBPART VI - HEALTH SERVICES FOR RESIDENTS OF PUBLIC HOUSING

256a. Repealed.

SUBPART VII - DRUG PRICING AGREEMENTS

256b. Limitation on prices of drugs purchased by covered

entities.

(a) Requirements for agreement with Secretary.

(b) Other definitions.

(c) References to Social Security Act.

(d) Compliance with requirements.

SUBPART VIII - BULK PURCHASES OF VACCINES FOR CERTAIN PROGRAMS

256c. Bulk purchases of vaccines for certain programs.

(a) Agreements for purchases.

(b) Negotiation of prices.

(c) Authority of Secretary.

(d) Rule of construction.

256d. Breast and cervical cancer information.

(a) In general.

(b) Certain authorities.

(c) Relevant entities.

SUBPART IX - SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN

CHILDREN'S HOSPITALS

256e. Program of payments to children's hospitals that

operate graduate medical education programs.

(a) Payments.

(b) Amount of payments.

(c) Amount of payment for direct graduate

medical education.

(d) Amount of payment for indirect medical

education.

(e) Making of payments.

(f) Authorization of appropriations.

(g) Definitions.

SUBPART X - PRIMARY DENTAL PROGRAMS

256f. Designated dental health professional shortage

area.

256g. Grants for innovative programs.

(a) Grant program authorized.

(b) State activities.

(c) Application.

(d) Matching requirement.

(e) Report.

(f) Authorization of appropriations.

PART E - NARCOTIC ADDICTS AND OTHER DRUG ABUSERS

257 to 261a. Repealed or Transferred.

PART F - LICENSING OF BIOLOGICAL PRODUCTS AND CLINICAL LABORATORIES

SUBPART 1 - BIOLOGICAL PRODUCTS

262. Regulation of biological products.

(a) Biologics license.

(b) Falsely labeling or marking package or

container; altering label or mark.

(c) Inspection of establishment for propagation

and preparation.

(d) Recall of product presenting imminent

hazard; violations.

(e) Interference with officers.

(f) Penalties for offenses.

(g) Construction with other laws.

(h) Exportation of partially processed

biological products.

(i) "Biological product" defined.

(j) Application of Federal Food, Drug, and

Cosmetic Act.

262a. Enhanced control of dangerous biological agents

and toxins.

(a) Regulatory control of certain biological

agents and toxins.

(b) Regulation of transfers of listed agents and

toxins.

(c) Possession and use of listed agents and

toxins.

(d) Registration; identification; database.

(e) Safeguard and security requirements for

registered persons.

(f) Inspections.

(g) Exemptions.

(h) Disclosure of information.

(i) Civil money penalty.

(j) Notification in event of release.

(k) Reports.

(l) Definitions.

(m) Authorization of appropriations.

263. Preparation of biological products by Service.

SUBPART 2 - CLINICAL LABORATORIES

263a. Certification of laboratories.

(a) "Laboratory" or "clinical laboratory"

defined.

(b) Certificate requirement.

(c) Issuance and renewal of certificates.

(d) Requirements for certificates.

(e) Accreditation.

(f) Standards.

(g) Inspections.

(h) Intermediate sanctions.

(i) Suspension, revocation, and limitation.

(j) Injunctions.

(k) Judicial review.

(l) Sanctions.

(m) Fees.

(n) Information.

(o) Delegation.

(p) State laws.

(q) Consultations.

263a-1. Assisted reproductive technology programs.

(a) In general.

(b) Pregnancy success rates.

(c) Consultation.

263a-2. Certification of embryo laboratories.

(a) In general.

(b) Distribution.

(c) Requirements.

(d) Standards.

(e) Certification under State programs.

(f) Use of accreditation organizations.

(g) Inspections.

(h) Validation inspections.

(i) Limitation.

(j) Term.

263a-3. Accreditation organizations.

(a) Approval of accreditation organizations.

(b) Criteria and procedures.

(c) Evaluations.

(d) Transition.

263a-4. Certification revocation and suspension.

(a) In general.

(b) Effect.

263a-5. Publication.

263a-6. Fees.

263a-7. Definitions.

SUBPART 3 - MAMMOGRAPHY FACILITIES

263b. Certification of mammography facilities.

(a) Definitions.

(b) Certificate requirement.

(c) Issuance and renewal of certificates.

(d) Application for certificate.

(e) Accreditation.

(f) Quality standards.

(g) Inspections.

(h) Sanctions.

(i) Suspension and revocation.

(j) Injunctions.

(k) Judicial review.

(l) Information.

(m) State laws.

(n) National Advisory Committee.

(o) Consultations.

(p) Breast cancer screening surveillance

research grants.

(q) State program.

(r) Funding.

PART G - QUARANTINE AND INSPECTION

264. Regulations to control communicable diseases.

(a) Promulgation and enforcement by Surgeon

General.

(b) Apprehension, detention, or conditional

release of individuals.

(c) Application of regulations to persons

entering from foreign countries.

(d) Apprehension and examination of persons

reasonably believed to be infected.

(e) Preemption.

265. Suspension of entries and imports from designated

places to prevent spread of communicable

diseases.

266. Special quarantine powers in time of war.

267. Quarantine stations, grounds, and anchorages.

(a) Control and management.

(b) Hours of inspection.

(c) Overtime pay for employees of Service.

(d) Payment of extra compensation to United

States; bond or deposit to assure payment;

deposit of moneys to credit of

appropriation.

268. Quarantine duties of consular and other officers.

269. Bills of health.

(a) Detail of medical officer; conditions

precedent to issuance; consular officer to

receive fees.

(b) Collectors of customs to receive originals;

duplicate copies as part of ship's papers.

(c) Regulations to secure sanitary conditions of

vessels.

(d) Vessels from ports near frontier.

(e) Compliance with regulations.

270. Quarantine regulations governing civil air

navigation and civil aircraft.

271. Penalties for violation of quarantine laws.

(a) Penalties for persons violating quarantine

laws.

(b) Penalties for vessels violating quarantine

laws.

(c) Remittance or mitigation of forfeitures.

272. Administration of oaths by quarantine officers.

PART H - ORGAN TRANSPLANTS

273. Organ procurement organizations.

(a) Grant authority of Secretary.

(b) Qualified organizations.

274. Organ procurement and transplantation network.

(a) Contract authority of Secretary; limitation;

available appropriations.

(b) Functions.

(c) Consideration of critical comments.

274a. Scientific registry.

274b. General provisions respecting grants and

contracts.

(a) Application requirement.

(b) Special considerations and priority;

planning and establishment grants.

(c) Determination of grant amount; terms of

payment; recordkeeping; access for purposes

of audits and examination of records.

(d) "Transplant center" and "organ" defined.

274c. Administration.

274d. Report.

274e. Prohibition of organ purchases.

(a) Prohibition.

(b) Penalties.

(c) Definitions.

274f. Study by General Accounting Office.

(a) In general.

(b) Report.

274g. Authorization of appropriations.

PART I - NATIONAL BONE MARROW DONOR REGISTRY

274k. National Registry.

(a) Establishment.

(b) Functions.

(c) Recruitment; priorities; information and

education.

(d) Patient advocacy; case management.

(e) Criteria, standards, and procedures.

(f) Comment procedures.

(g) Consultation.

(h) Application.

(i) Eligibility.

(j) Records.

(k) Penalties for disclosure.

(l) Annual report regarding pretransplant costs.

274l. Bone marrow scientific registry.

(a) Establishment of recipient registry.

(b) Information.

(c) Annual report on patient outcomes.

274m. Authorization of appropriations.

275 to

280a-1. Repealed.

PART J - PREVENTION AND CONTROL OF INJURIES

280b. Research.

280b-1. Prevention and control activities.

280b-1a. Interpersonal violence within families and among

acquaintances.

280b-1b. Prevention of traumatic brain injury.

(a) In general.

(b) Certain activities.

(c) Coordination of activities.

(d) "Traumatic brain injury" defined.

280b-1c. Use of allotments for rape prevention education.

(a) Permitted use.

(b) Collection and dissemination of information

on sexual assault.

(c) Authorization of appropriations.

(d) Limitations.

280b-1d. National program for traumatic brain injury

registries.

280b-2. General provisions.

(a) Advisory committee.

(b) Technical assistance.

(c) Biennial report.

280b-3. Authorization of appropriations.

PART K - HEALTH CARE SERVICES IN THE HOME

SUBPART I - GRANTS FOR DEMONSTRATION PROJECTS

280c. Establishment of program.

(a) In general.

(b) Requirement with respect to age of

recipients of services.

(c) Relationship to items and services under

other programs.

280c-1. Limitation on duration of grant and requirement of

matching funds.

(a) Limitation on duration of grant.

(b) Requirement of matching funds.

(c) Determination of amount of non-Federal

contribution.

280c-2. General provisions.

(a) Limitation on administrative expenses.

(b) Description of intended use of grant.

(c) Requirement of application.

(d) Evaluations and report by Secretary.

(e) Authorizations of appropriations.

SUBPART II - GRANTS FOR DEMONSTRATION PROJECTS WITH RESPECT TO

ALZHEIMER'S DISEASE

280c-3. Establishment of program.

(a) In general.

(b) Requirement with respect to certain

expenditures.

(c) Relationship to items and services under

other programs.

280c-4. Requirement of matching funds.

(a) Requirement of matching funds.

(b) Determination of amount of non-Federal

contribution.

280c-5. General provisions.

(a) Limitation on administrative expenses.

(b) Description of intended use of grant.

(c) Requirement of application.

(d) Evaluations and report by Secretary.

(e) Authorizations of appropriations.

SUBPART III - GRANTS FOR HOME VISITING SERVICES FOR AT-RISK

FAMILIES

280c-6. Projects to improve maternal, infant, and child

health.

(a) In general.

(b) Home visiting services for eligible

families.

(c) Considerations in making grants.

(d) Federal share.

(e) Rule of construction regarding at-risk

births.

(f) Delivery of services and case management.

(g) Outreach.

(h) Confidentiality.

(i) Certain assurances.

(j) Submission to Secretary of certain

information.

(k) Limitation regarding administrative

expenses.

(l) Restrictions on use of grant.

(m) Reports to Secretary.

(n) Requirement of application.

(o) Peer review.

(p) Evaluations.

(q) Definitions.

(r) Authorization of appropriations.

PART L - [REPEALED]

280d. Transferred.

280d-11. Transferred.

PART M - NATIONAL PROGRAM OF CANCER REGISTRIES

280e. National program of cancer registries.

(a) In general.

(b) Matching funds.

(c) Eligibility for grants.

(d) Relationship to certain programs.

(e) Requirement regarding certain study on

breast cancer.

280e-1. Planning grants regarding registries.

(a) In general.

(b) Application.

280e-2. Technical assistance in operations of statewide

cancer registries.

280e-3. Study in certain States to determine factors

contributing to elevated breast cancer mortality

rates.

(a) In general.

(b) Relevant States.

(c) Cooperation of State.

(d) Planning, commencement, and duration.

(e) Report.

280e-4. Authorization of appropriations.

(a) Registries.

(b) Breast cancer study.

PART N - NATIONAL FOUNDATION FOR THE CENTERS FOR DISEASE CONTROL

AND PREVENTION

280e-11. Establishment and duties of Foundation.

(a) In general.

(b) Purpose of Foundation.

(c) Endowment fund.

(d) Certain activities of Foundation.

(e) General structure of Foundation; nonprofit

status.

(f) Board of directors.

(g) Certain responsibilities of executive

director.

(h) General provisions.

(i) Federal funding.

(j) Committee for establishment of Foundation.

PART O - FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM

280f. Establishment of Fetal Alcohol Syndrome prevention

and services program.

(a) Fetal Alcohol Syndrome prevention,

intervention, and services delivery

program.

(b) Grants and technical assistance.

(c) Dissemination of criteria.

(d) National Task Force.

280f-1. Eligibility.

280f-2. Authorization of appropriations.

(a) In general.

(b) Task Force.

280f-3. Sunset provision.

PART P - ADDITIONAL PROGRAMS

280g. Children's asthma treatment grants program.

(a) Authority to make grants.

(b) Coordination with other children's programs.

(c) Evaluation.

(d) Authorization of appropriations.

280g-1. Early detection, diagnosis, and treatment

regarding hearing loss in infants.

(a) Statewide newborn and infant hearing

screening, evaluation and intervention

programs and systems.

(b) Technical assistance, data management, and

applied research.

(c) Coordination and collaboration.

(d) Rule of construction; religious

accommodation.

(e) Definitions.

(f) Authorization of appropriations.

280g-2. Childhood malignancies.

(a) In general.

(b) Certain activities.

(c) Coordination of activities.

(d) Definition.

(e) Authorization of appropriations.

PART Q - PROGRAMS TO IMPROVE THE HEALTH OF CHILDREN

280h. Grants to promote childhood nutrition and physical

activity.

(a) In general.

(b) Eligibility.

(c) Use of funds.

(d) Technical assistance.

(e) Limitation on administrative costs.

(f) Term.

(g) Definition.

(h) Authorization of appropriations.

280h-1. Applied research program.

(a) In general.

(b) Authorization of appropriations.

280h-2. Education campaign.

(a) In general.

(b) Authorization of appropriations.

280h-3. Health professional education and training.

(a) In general.

(b) Authorization of appropriations.

SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES

PART A - NATIONAL INSTITUTES OF HEALTH

281. Organization of National Institutes of Health.

(a) Agency of Public Health Service.

(b) Agencies within.

(c) Establishment of additional national

research institutes; reorganization or

abolition of institutes.

(d) "National research institute" defined.

282. Director of National Institutes of Health.

(a) Appointment.

(b) Duties and authority.

(c) Availability of substances and organisms for

research.

(d) Services of experts or consultants; number;

payment of expenses, conditions, recovery.

(e) Dissemination of research information.

(f) Associate Director for Prevention;

functions.

(g) Enhancing competitiveness of certain

entities in obtaining research funds.

(h) Increased participation of women and

disadvantaged individuals in biomedical and

behavioral research.

(i) Discretionary fund; uses; report to

Congressional committees; authorization of

appropriations.

(j) Data bank of information on clinical trials

for drugs for serious or life-threatening

diseases and conditions.

(k) Day care for children of employees.

(l) Interagency research on trauma.

283. Biennial report of Director to President and

Congress; contents.

283a. Establishment of program regarding DES.

(a) In general.

(b) Education programs.

(c) Longitudinal studies.

(d) Exposure to DES in utero.

(e) Authorization of appropriations.

283b. Repealed.

283c. Office of Behavioral and Social Sciences Research.

283d. Children's Vaccine Initiative.

(a) Development of new vaccines.

(b) Report.

(c) Authorization of appropriations.

283e. Plan for use of animals in research.

(a) Preparation.

(b) Submission to Congressional committees.

(c) Periodic review and revision.

(d) Dissemination of information.

(e) Interagency Coordinating Committee on the

Use of Animals in Research.

283f. Requirements regarding surveys of sexual behavior.

283g. Muscular dystrophy; initiative through Director of

National Institutes of Health.

(a) Expansion, intensification, and coordination

of activities.

(b) Centers of excellence.

(c) Facilitation of research.

(d) Coordinating Committee.

(e) Plan for HHS activities.

(f) Reports to Congress.

(g) Public input.

(h) Authorization of appropriations.

283h. Office of Rare Diseases.

(a) Establishment.

(b) Duties.

(c) Definition.

(d) Authorization of appropriations.

283i. Rare disease regional centers of excellence.

(a) Cooperative agreements and grants.

(b) Coordination with other institutes.

(c) Uses for Federal payments under cooperative

agreements or grants.

(d) Period of support; additional periods.

(e) Authorization of appropriations.

PART B - GENERAL PROVISIONS RESPECTING NATIONAL RESEARCH INSTITUTES

284. Directors of national research institutes.

(a) Appointment.

(b) Duties and authority; grants, contracts, and

cooperative agreements.

(c) Coordination with other public and private

entities; cooperation with other national

research institutes; appointment of

additional peer review groups.

284a. Advisory councils.

(a) Establishment; acceptance of conditional

gifts; functions.

(b) Membership; compensation.

(c) Term of office; reappointment; vacancy.

(d) Chairman; term of office.

(e) Meetings.

(f) Appointment of executive secretary; training

and orientation for new members.

(g) Comments and recommendations for inclusion

in biennial report; additional reports.

(h) Advisory councils in existence; application

of section to National Cancer Advisory

Board and advisory council to National

Heart, Lung, and Blood Institute.

284b. Biennial report.

284c. Certain uses of funds.

284d. Definitions.

(a) Health service research.

(b) Clinical research.

284e. Research on osteoporosis, Paget's disease, and

related bone disorders.

(a) Establishment.

(b) Coordination.

(c) Information clearinghouse.

(d) Authorization of appropriations.

284f. Parkinson's disease.

(a) In general.

(b) Inter-institute coordination.

(c) Morris K. Udall research centers.

(d) Morris K. Udall Awards for Excellence in

Parkinson's Disease Research.

(e) Authorization of appropriations.

284g. Expansion, intensification, and coordination of

activities of National Institutes of Health with

respect to research on autism.

(a) In general.

(b) Centers of excellence.

(c) Facilitation of research.

(d) Public input.

(e) Funding.

284h. Pediatric Research Initiative.

(a) Establishment.

(b) Purpose.

(c) Duties.

(d) Authorization.

(e) Transfer of funds.

284i. Autoimmune diseases.

(a) Expansion, intensification, and coordination

of activities.

(b) Coordinating Committee.

(c) Plan for NIH activities.

(d) Reports to Congress.

(e) Authorization of appropriations.

284j. Muscular dystrophy research.

(a) Coordination of activities.

(b) Administration of program; collaboration

among agencies.

(c) Authorization of appropriations.

284k. Clinical research.

(a) In general.

(b) Requirements.

(c) Support for the diverse needs of clinical

research.

(d) Peer review.

284l. Enhancement awards.

(a) Mentored Patient-Oriented Research Career

Development Awards.

(b) Mid-Career Investigator Awards in

Patient-Oriented Research.

(c) Graduate Training in Clinical Investigation

Award.

(d) Clinical Research Curriculum Awards.

284m. Program for pediatric studies of drugs.

(a) List of drugs for which pediatric studies

are needed.

(b) Contracts for pediatric studies.

(c) Process for contracts and labeling changes.

(d) Authorization of appropriations.

PART C - SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH

INSTITUTES

SUBPART 1 - NATIONAL CANCER INSTITUTE

285. Purpose of Institute.

285a. National Cancer Program.

285a-1. Cancer control programs.

285a-2. Special authorities of Director.

(a) Information and education program.

(b) National Cancer Program.

(c) Pre-clinical models to evaluate promising

pediatric cancer therapies.

285a-3. National cancer research and demonstration

centers.

(a) Cooperative agreements and grants for

establishing and supporting.

(b) Uses for Federal payments under cooperative

agreements or grants.

(c) Period of support; additional periods.

285a-4. President's Cancer Panel; establishment,

membership, etc., functions.

285a-5. Associate Director for Prevention; appointment;

function.

285a-6. Breast and gynecological cancers.

(a) Expansion and coordination of activities.

(b) Coordination with other institutes.

(c) Programs for breast cancer.

(d) Other cancers.

(e) Report.

285a-7. Prostate cancer.

(a) Expansion and coordination of activities.

(b) Coordination with other institutes.

(c) Programs.

285a-8. Authorization of appropriations.

(a) Activities generally.

(b) Breast cancer and gynecological cancers.

(c) Prostate cancer.

(d) Allocation regarding cancer control.

285a-9. Grants for education, prevention, and early

detection of radiogenic cancers and diseases.

(a) Definition.

(b) In general.

(c) Indian Health Service.

(d) Grant and contract authority.

(e) Health coverage unaffected.

(f) Report to Congress.

(g) Authorization of appropriations.

285a-10. Research, information, and education with respect

to blood cancer.

(a) Joe Moakley Research Excellence Program.

(b) Geraldine Ferraro Cancer Education Program.

SUBPART 2 - NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

285b. Purpose of Institute.

285b-1. Heart, blood vessel, lung, and blood disease

prevention and control programs.

285b-2. Information and education.

285b-3. National Heart, Blood Vessel, Lung, and Blood

Diseases and Blood Resources Program;

administrative provisions.

285b-4. National research and demonstration centers.

(a) Heart, blood vessel, lung, blood diseases,

and blood resources; utilization of centers

for prevention programs.

(b) Sickle cell anemia.

(c) Cooperative agreements and grants for

establishing and supporting; uses for

Federal payments; period of support,

additional periods.

285b-5. Repealed.

285b-6. Associate Director for Prevention; appointment;

function.

285b-7. National Center on Sleep Disorders Research.

(a) Establishment.

(b) Purpose.

(c) Sleep Disorders Research Advisory Board.

(d) Development of comprehensive research plan;

revision.

(e) Collection and dissemination of information.

285b-7a. Heart attack, stroke, and other cardiovascular

diseases in women.

(a) In general.

(b) Coordination with other institutes.

(c) Certain programs.

(d) Authorization of appropriations.

285b-7b. Coordination of Federal asthma activities.

(a) In general.

(b) Representation of the Department of Housing

and Urban Development.

(c) Authorization of appropriations.

285b-8. Authorization of appropriations.

SUBPART 3 - NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

285c. Purpose of Institute.

285c-1. Data systems and information clearinghouses.

(a) National Diabetes Data System and National

Diabetes Clearinghouse.

(b) National Digestive Diseases Data System and

National Digestive Diseases Information

Clearinghouse.

(c) National Kidney and Urologic Diseases Data

System and National Kidney and Urologic

Diseases Information Clearinghouse.

285c-2. Division Directors for Diabetes, Endocrinology,

and Metabolic Diseases, Digestive Diseases and

Nutrition, and Kidney, Urologic, and Hematologic

Diseases; functions.

285c-3. Interagency coordinating committees.

(a) Establishment and purpose.

(b) Membership; chairman; meetings.

(c) Annual report.

285c-4. Advisory boards.

(a) Establishment.

(b) Membership; ex officio members.

(c) Compensation.

(d) Term of office; vacancy.

(e) Chairman.

(f) Executive director; professional and

clerical staff; administrative support

services and facilities.

(g) Meetings.

(h) Functions of National Diabetes Advisory

Board and National Digestive Diseases

Advisory Board.

(i) Subcommittees; establishment and membership.

(j) Termination of predecessor boards; time

within which to appoint members.

285c-5. Research and training centers; development or

expansion.

(a) Diabetes mellitus and related endocrine and

metabolic diseases.

(b) Digestive diseases and related functional,

congenital, metabolic disorders, and normal

development of digestive tract.

(c) Kidney and urologic diseases.

(d) Nutritional disorders.

(e) Geographic distribution; period of support,

additional periods.

285c-6. Advisory council subcommittees.

285c-7. Biennial report.

285c-8. Nutritional disorders program.

(a) Establishment.

(b) Support of activities.

(c) Dissemination of information.

285c-9. Juvenile diabetes.

(a) Long-term epidemiology studies.

(b) Clinical trial infrastructure/innovative

treatments for juvenile diabetes.

(c) Prevention of type 1 diabetes.

(d) Authorization of appropriations.

SUBPART 4 - NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

285d. Purpose of Institute.

285d-1. National arthritis and musculoskeletal and skin

diseases program.

(a) Plan to expand, intensify, and coordinate

activities; submission; periodic review and

revision.

(b) Coordination of activities with other

national research institutes; minimum

activities under program.

(c) Program to be carried out in accordance with

plan.

285d-2. Research and training.

285d-3. Data system and information clearinghouse.

285d-4. Interagency coordinating committees.

(a) Establishment and purpose.

(b) Membership; chairman; meetings.

285d-5. Arthritis and musculoskeletal diseases

demonstration projects.

(a) Grants for establishment and support.

(b) Programs included.

(c) Standardization of patient data and

recordkeeping.

285d-6. Multipurpose arthritis and musculoskeletal

diseases centers.

(a) Development, modernization, and operation.

(b) Duties and functions.

(c) Optional programs.

(d) Geographical distribution.

(e) Period of support; additional periods.

(f) Treatment and rehabilitation of children.

285d-6a. Lupus.

(a) In general.

(b) Coordination with other institutes.

(c) Programs for lupus.

(d) Authorization of appropriations.

285d-7. Advisory Board.

(a) Establishment.

(b) Membership; ex officio members.

(c) Compensation.

(d) Term of office; vacancy.

(e) Chairman.

(f) Executive director, professional and

clerical staff; administrative support

services and facilities.

(g) Meetings.

(h) Duties and functions.

(i) Subcommittees; establishment and membership.

(j) Annual report.

(k) Termination of predecessor board; time

within which to appoint members.

285d-8. Juvenile arthritis and related conditions.

(a) Expansion and coordination of activities.

(b) Coordination.

(c) Authorization of appropriations.

SUBPART 5 - NATIONAL INSTITUTE ON AGING

285e. Purpose of Institute.

285e-1. Special functions.

(a) Education and training of adequate numbers

of personnel.

(b) Scientific studies.

(c) Public information and education programs.

(d) Grants for research relating to Alzheimer's

Disease.

285e-2. Alzheimer's Disease centers.

(a) Cooperative agreements and grants for

establishing and supporting.

(b) Use of Federal payments under cooperative

agreement or grant.

(c) Support period; additional periods.

285e-3. Claude D. Pepper Older Americans Independence

Centers.

(a) Development and expansion of centers.

(b) Functions of centers.

(c) Geographic distribution of centers.

(d) "Independence" defined.

285e-4. Awards for leadership and excellence in

Alzheimer's disease and related dementias.

(a) Senior researchers in biomedical research.

(b) Eligible centers.

(c) Required recommendation.

(d) Selection procedures.

(e) Term of award; renewal.

285e-5. Research relevant to appropriate services for

individuals with Alzheimer's disease and related

dementias and their families.

(a) Grants for research.

(b) Preparation of plan; contents; revision.

(c) Consultation for preparation and revision of

plan.

(d) Grants for promoting independence and

preventing secondary disabilities.

(e) "Council on Alzheimer's Disease" defined.

285e-6. Dissemination of research results.

285e-7. Clearinghouse on Alzheimer's Disease.

(a) Establishment; purpose; duties; publication

of summary.

(b) Fee for information.

(c) Summaries of research findings from other

agencies.

285e-8. Dissemination project.

(a) Grant or contract for establishment.

(b) Project activities.

(c) Fees for information; exception.

(d) Application for grant or contract; contents.

285e-9. Alzheimer's disease registry.

(a) In general.

(b) Qualifications.

285e-10. Aging processes regarding women.

285e-10a. Alzheimer's clinical research and training awards.

(a) In general.

(b) Support of promising clinicians.

(c) Excellence in certain fields.

(d) Authorization of appropriations.

285e-11. Authorization of appropriations.

SUBPART 6 - NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

285f. Purpose of Institute.

285f-1. Research centers regarding chronic fatigue

syndrome.

285f-2. Research and research training regarding

tuberculosis.

285f-3. Sexually transmitted disease clinical research and

training awards.

(a) In general.

(b) Support of promising clinicians.

(c) Excellence in certain fields.

(d) Authorization of appropriations.

SUBPART 7 - NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

DEVELOPMENT

285g. Purpose of Institute.

285g-1. Sudden infant death syndrome research.

285g-2. Mental retardation research.

285g-3. Associate Director for Prevention; appointment;

function.

285g-4. National Center for Medical Rehabilitation

Research.

(a) Establishment of Center.

(b) Purpose.

(c) Authority of Director.

(d) Research Plan.

(e) Medical Rehabilitation Coordinating

Committee.

(f) National Advisory Board on Medical

Rehabilitation Research.

285g-5. Research centers with respect to contraception and

infertility.

(a) Grants and contracts.

(b) Number of centers.

(c) Duties.

(d) Coordination of information.

(e) Facilities.

(f) Period of support.

(g) Authorization of appropriations.

285g-6. Program regarding obstetrics and gynecology.

285g-7. Child health research centers.

285g-8. Prospective longitudinal study on adolescent

health.

(a) In general.

(b) Design of study.

(c) Coordination with Women's Health Initiative.

285g-9. Fragile X.

(a) Expansion and coordination of research

activities.

(b) Research centers.

285g-10. Investment in tomorrow's pediatric researchers.

(a) Enhanced support.

(b) Authorization.

SUBPART 8 - NATIONAL INSTITUTE OF DENTAL RESEARCH

285h. Purpose of Institute.

SUBPART 9 - NATIONAL EYE INSTITUTE

285i. Purpose of Institute.

285i-1. Clinical research on eye care and diabetes.

(a) Program of grants.

(b) Use of funds.

(c) Authorized expenditures.

SUBPART 10 - NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND

STROKE

285j. Purpose of Institute.

285j-1. Spinal cord regeneration research.

285j-2. Bioengineering research.

285j-3. Research on multiple sclerosis.

SUBPART 11 - NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

285k. Purpose of Institute.

SUBPART 12 - NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

285l. Purpose of Institute.

285l-1. Applied Toxicological Research and Testing

Program.

285l-2. Definitions.

285l-3. Interagency Coordinating Committee on the

Validation of Alternative Methods.

(a) In general.

(b) Purposes.

(c) Composition.

(d) Scientific Advisory Committee.

(e) Duties.

285l-4. Federal agency action.

(a) Identification of tests.

(b) Alternatives.

(c) Test method validation.

(d) Review.

(e) Recommendation adoption.

285l-5. Application.

(a) Application.

(b) Use of test methods.

(c) Limitation.

(d) Submission of tests and data.

SUBPART 13 - NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

285m. Purpose of Institute.

285m-1. National Deafness and Other Communication

Disorders Program.

285m-2. Data System and Information Clearinghouse.

285m-3. Multipurpose deafness and other communication

disorders center.

(a) Development, modernization and operation;

"modernization" defined.

(b) Use of facilities; qualifications.

(c) Requisite programs.

(d) Stipends.

(e) Discretionary programs.

(f) Equitable geographical distribution; needs

of elderly and children.

(g) Period of support; recommended extensions of

peer review group.

285m-4. National Institute on Deafness and Other

Communication Disorders Advisory Board.

(a) Establishment.

(b) Composition; qualifications; appointed and

ex officio members.

(c) Compensation.

(d) Term of office; vacancies.

(e) Chairman.

(f) Personnel; executive director; professional

and clerical staff members; consultants;

information and administrative support

services and facilities.

(g) Meetings.

(h) Functions.

(i) Subcommittee activities; workshops and

conferences; collection of data.

(j) Annual report.

(k) Commencement of existence.

285m-5. Interagency Coordinating Committee.

(a) Establishment.

(b) Functions.

(c) Composition.

(d) Chairman; meetings.

(e) Annual report; recipients of report.

285m-6. Limitation on administrative expenses.

SUBPART 14 - NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

285n. Purpose of Institute.

(a) In general.

(b) Research program.

(c) Collaboration.

(d) Funding.

285n-1. Associate Director for Prevention.

(a) In general.

(b) Biennial report.

285n-2. National Alcohol Research Centers; mandatory grant

for research of effects of alcohol on elderly.

(a) Designation; procedures applicable for

approval of applications.

(b) Annual grants; amount; limitation on uses.

SUBPART 15 - NATIONAL INSTITUTE ON DRUG ABUSE

285o. Purpose of Institute.

(a) In general.

(b) Research program.

(c) Collaboration.

(d) Funding.

285o-1. Associate Director for Prevention.

(a) In general.

(b) Report.

285o-2. Drug Abuse Research Centers.

(a) Authority.

(b) Grants.

(c) Drug abuse and addiction research.

285o-3. Office on AIDS.

285o-4. Medication Development Program.

(a) Establishment.

(b) Duties.

(c) Report.

(d) "Pharmacotherapeutics" defined.

(e) Authorization of appropriations.

SUBPART 16 - NATIONAL INSTITUTE OF MENTAL HEALTH

285p. Purpose of Institute.

(a) In general.

(b) Research program.

(c) Collaboration.

(d) Information with respect to suicide.

(e) Associate Director for Special Populations.

(f) Funding.

285p-1. Associate Director for Prevention.

(a) In general.

(b) Report.

285p-2. Office of Rural Mental Health Research.

(a) In general.

(b) Coordination of activities.

(c) Research, demonstrations, evaluations, and

dissemination.

(d) Authority regarding grants and contracts.

(e) Report to Congress.

285p-3. Office on AIDS.

SUBPART 17 - NATIONAL INSTITUTE OF NURSING RESEARCH

285q. Purpose of Institute.

285q-1. Specific authorities.

285q-2. Advisory council.

(a) Appointment; functions and duties;

acceptance of conditional gifts;

subcommittees.

(b) Membership; ex officio members;

compensation.

(c) Term of office; vacancy; reappointment.

(d) Chairman; selection; term of office.

(e) Meetings.

(f) Executive secretary; staff; orientation and

training for new members.

(g) Material for inclusion in biennial report;

additional reports.

285q-3. Biennial report.

SUBPART 18 - NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

BIOENGINEERING

285r. Purpose of the Institute.

(a) In general.

(b) National Biomedical Imaging and

Bioengineering Program.

(c) Membership.

(d) Authorization of appropriations.

PART D - NATIONAL LIBRARY OF MEDICINE

SUBPART 1 - GENERAL PROVISIONS

286. National Library of Medicine.

(a) Purpose and establishment.

(b) Functions.

(c) Exchange, destruction, or disposal of

materials not needed.

(d) Availability of publications, materials,

facilities, or services; prescription of

rules.

(e) Regional medical libraries; establishment.

(f) Acceptance and administration of gifts;

memorials.

(g) "Medicine" and "medical" defined.

286a. Board of Regents.

(a) Membership; ex officio members.

(b) Recommendations on matters of policy;

recommendations included in annual report;

use of services of members by Secretary.

(c) Term of office; vacancy; reappointment.

286a-1. Library facilities.

286a-2. Authorization of appropriations.

SUBPART 2 - FINANCIAL ASSISTANCE

286b. Repealed.

286b-1. Definitions.

286b-2. National Medical Libraries Assistance Advisory

Board.

(a) Board of Regents of National Library of

Medicine to serve as.

(b) Functions.

(c) Use of services of members by Secretary.

(d) Compensation.

286b-3. Grants for training in medical library sciences.

286b-4. Assistance for projects in sciences related to

health, for research and development in medical

library science, and for development of education

technologies.

(a) Compilation of existing and original

writings on health.

(b) Medical library science and related

activities.

(c) Development of education technologies.

286b-5. Grants for establishing, expanding, and improving

basic resources of medical libraries and related

instrumentalities.

286b-6. Grants and contracts for establishment of regional

medical libraries.

(a) Existing public or private nonprofit medical

libraries.

(b) Uses for grants and contracts.

(c) Conditions.

(d) Basic resources materials; limitation on

grant or contract.

286b-7. Financial support of biomedical scientific

publications.

286b-8. Grant payments, records, and audit.

SUBPART 3 - NATIONAL CENTER FOR BIOTECHNOLOGY INFORMATION

286c. Purpose, establishment, functions, and funding of

National Center for Biotechnology Information.

(a) Establishment.

(b) Functions.

SUBPART 4 - NATIONAL INFORMATION CENTER ON HEALTH SERVICES RESEARCH

AND HEALTH CARE TECHNOLOGY

286d. National Information Center.

(a) Establishment.

(b) Purpose.

(c) Electronic, convenient format; criteria for

inclusion.

(d) Coordination with Director of the Agency for

Healthcare Research and Quality.

PART E - OTHER AGENCIES OF NIH

SUBPART 1 - NATIONAL CENTER FOR RESEARCH RESOURCES

287. General purpose.

287a. Advisory council.

(a) Appointment; functions and duties;

acceptance of conditional gifts;

subcommittees.

(b) Membership; ex officio members;

compensation.

(c) Term of office; vacancy; reappointment.

(d) Chairman; selection; term of office.

(e) Meetings.

(f) Executive secretary; staff; orientation and

training for new members.

(g) Material for inclusion in biennial report;

additional reports.

(h) Advisory council in existence on November

20, 1985.

287a-1. Biennial report.

287a-2. Biomedical and behavioral research facilities.

(a) Modernization and construction of

facilities.

(b) Scientific and technical review boards for

merit-based review of proposals.

(c) Requirements for grants.

(d) Requirement of application.

(e) Amount of grant; payments.

(f) Recapture of payments.

(g) Guidelines.

(h) Report to Congress.

(i) Authorization of appropriations.

287a-3. Construction of regional centers for research on

primates.

287a-3a. Sanctuary system for surplus chimpanzees.

(a) In general.

(b) Administration of sanctuary system.

(c) Acceptance of chimpanzees into system.

(d) Standards for permanent retirement of

surplus chimpanzees.

(e) Award of contract for operation of system.

(f) Definitions.

(g) Funding.

287a-4. General clinical research centers.

(a) Grants.

(b) Activities.

(c) Authorization of appropriations.

SUBPART 2 - JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY

IN HEALTH SCIENCES

287b. General purpose.

SUBPART 3 - NATIONAL CENTER FOR HUMAN GENOME RESEARCH

287c. Purpose of Center.

(a) General purpose.

(b) Research training.

(c) Amount available for ethical and legal

issues.

SUBPART 4 - OFFICE OF DIETARY SUPPLEMENTS

287c-11. Dietary supplements.

(a) Establishment.

(b) Purpose.

(c) Duties.

(d) "Dietary supplement" defined.

(e) Authorization of appropriations.

SUBPART 5 - NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

287c-21. Purpose of Center.

(a) In general.

(b) Advisory council.

(c) Complement to conventional medicine.

(d) Appropriate scientific expertise and

coordination with institutes and Federal

agencies.

(e) Evaluation of various disciplines and

systems.

(f) Ensuring high quality, rigorous scientific

review.

(g) Data system; information clearinghouse.

(h) Research centers.

(i) Availability of resources.

(j) Availability of appropriations.

SUBPART 6 - NATIONAL CENTER ON MINORITY HEALTH AND HEALTH

DISPARITIES

287c-31. Purpose of Center.

(a) In general.

(b) Priorities.

(c) Minority health disparities research.

(d) Health disparity populations.

(e) Coordination of activities.

(f) Collaborative comprehensive plan and budget.

(g) Participation in clinical research.

(h) Research endowments.

(i) Certain activities.

(j) Advisory council.

(k) Annual report.

(l) Authorization of appropriations.

287c-32. Centers of excellence for research education and

training.

(a) In general.

(b) Required use of funds.

(c) Centers of excellence.

(d) Duration of grant.

(e) Maintenance of effort.

(f) Certain expenditures.

(g) Definitions.

(h) Authorization of appropriations.

287c-33. Loan repayment program for minority health

disparities research.

(a) In general.

(b) Service provisions.

(c) Requirement regarding health disparity

populations.

(d) Priority.

(e) Funding.

287c-34. General provisions regarding the Center.

(a) Administrative support for Center.

(b) Evaluation and report.

PART F - RESEARCH ON WOMEN'S HEALTH

287d. Office of Research on Women's Health.

(a) Establishment.

(b) Purpose.

(c) Coordinating Committee.

(d) Advisory Committee.

(e) Representation of women among researchers.

(f) Definitions.

287d-1. National data system and clearinghouse on research

on women's health.

(a) Data system.

(b) Clearinghouse.

287d-2. Biennial report.

(a) In general.

(b) Inclusion in biennial report of Director of

NIH.

PART G - AWARDS AND TRAINING

288. Ruth L. Kirschstein National Research Service

Awards.

(a) Biomedical and behavioral research and

research training; programs and

institutions included; restriction; special

consideration.

(b) Prerequisites for Award; review and approval

by appropriate advisory councils; Award

period; uses for Award; payments to

non-Federal public or nonprofit private

institutions.

(c) Health research or teaching; service period;

recovery upon noncompliance with service

requirement, formula; cancellation or

waiver of obligation.

(d) Authorization of appropriations;

apportionment.

288-1. Loan repayment program for research with respect

to acquired immune deficiency syndrome.

(a) In general.

(b) Applicability of certain provisions.

(c) Authorization of appropriations.

288-2. Loan repayment program for research with respect

to contraception and infertility.

(a) Establishment.

(b) Contracts, obligated service, breach of

contract.

(c) Availability of funds.

288-3. Loan repayment program for research generally.

(a) In general.

(b) Applicability of certain provisions.

288-4. Undergraduate scholarship program regarding

professions needed by National Research

Institutes.

(a) Establishment of program.

(b) Facilitation of interest of students in

careers at National Institutes of Health.

(c) Period of obligated service.

(d) Provisions regarding scholarship.

(e) Penalties for breach of scholarship

contract.

(f) Requirement of application.

(g) Availability of authorization of

appropriations.

288-5. Loan repayment program regarding clinical

researchers from disadvantaged backgrounds.

(a) Implementation of program.

(b) Availability of authorization of

appropriations.

288-5a. Loan repayment program regarding clinical

researchers.

(a) In general.

(b) Application of provisions.

(c) Funding.

288-6. Pediatric research loan repayment program.

(a) In general.

(b) Application of other provisions.

(c) Funding.

288a. Visiting Scientist Awards.

288b. Studies respecting biomedical and behavioral

research personnel.

(a) Scope of undertaking.

(b) Arrangement with National Academy of

Sciences or other nonprofit private groups

or associations.

PART H - GENERAL PROVISIONS

289. Institutional review boards; ethics guidance

program.

289a. Peer review requirements.

(a) Applications for biomedical and behavioral

research grants, cooperative agreements,

and contracts; regulations.

(b) Periodic review of research at National

Institutes of Health.

(c) Compliance with requirements for inclusion

of women and minorities in clinical

research.

289a-1. Certain provisions regarding review and approval

of proposals for research.

(a) Review as precondition to research.

(b) Ethical review of research.

289a-2. Inclusion of women and minorities in clinical

research.

(a) Requirement of inclusion.

(b) Inapplicability of requirement.

(c) Design of clinical trials.

(d) Guidelines.

(e) Date certain for guidelines; applicability.

(f) Reports by advisory councils.

(g) Definitions.

289b. Office of Research Integrity.

(a) In general.

(b) Existence of administrative processes as

condition of funding for research.

(c) Process for response of Director.

(d) Monitoring by Director.

(e) Protection of whistleblowers.

289b-1. Protection against financial conflicts of interest

in certain projects of research.

(a) Issuance of regulations.

(b) Relevant projects.

(c) Identifying and reporting to Secretary.

(d) Monitoring of process.

(e) Response.

(f) Definitions.

289c. Research on public health emergencies; report to

Congressional committees.

289c-1. Collaborative use of certain health services

research funds.

289d. Animals in research.

(a) Establishment of guidelines.

(b) Animal care committees; establishment;

membership; functions.

(c) Assurances required in application or

contract proposal; reasons for use of

animals; notice and comment requirements

for promulgation of regulations.

(d) Failure to meet guidelines; suspension or

revocation of grant or contract.

(e) Disclosure of trade secrets or privileged or

confidential information.

289e. Use of appropriations.

289f. Gifts and donations; memorials.

289g. Fetal research.

(a) Conduct or support by Secretary;

restrictions.

(b) Risk standard for fetuses intended to be

aborted and fetuses intended to be carried

to term to be same.

289g-1. Research on transplantation of fetal tissue.

(a) Establishment of program.

(b) Informed consent of donor.

(c) Informed consent of researcher and donee.

(d) Availability of statements for audit.

(e) Applicability of State and local law.

(f) Report.

(g) "Human fetal tissue" defined.

289g-2. Prohibitions regarding human fetal tissue.

(a) Purchase of tissue.

(b) Solicitation or acceptance of tissue as

directed donation for use in

transplantation.

(c) Criminal penalties for violations.

(d) Definitions.

289g-3. Breast implant research.

(a) In general.

(b) Definition.

289h. Repealed.

290. National Institutes of Health Management Fund;

establishment; advancements; availability; final

adjustments of advances.

290a. Victims of fire.

(a) Research on burns, burn injuries, and

rehabilitation.

(b) Authorization of appropriations.

SUBCHAPTER III-A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

PART A - ORGANIZATION AND GENERAL AUTHORITIES

290aa. Substance Abuse and Mental Health Services

Administration.

(a) Establishment.

(b) Agencies.

(c) Administrator and Deputy Administrator.

(d) Authorities.

(e) Associate Administrator for Alcohol

Prevention and Treatment Policy.

(f) Associate Administrator for Women's

Services.

(g) Services of experts.

(h) Peer review groups.

(i) Voluntary services.

(j) Administration.

(k) Report concerning activities and progress.

(l) Applications for grants and contracts.

(m) Emergency response.

(n) Limitation on the use of certain

information.

(o) Authorization of appropriations.

290aa-1. Advisory councils.

(a) Appointment.

(b) Membership.

(c) Terms of office.

(d) Chair.

(e) Meetings.

(f) Executive Secretary and staff.

290aa-2. Omitted.

290aa-2a. Report on individuals with co-occurring mental

illness and substance abuse disorders.

(a) In general.

(b) Report content.

(c) Funds for report.

290aa-3. Peer review.

(a) In general.

(b) Members.

(c) Advisory council review.

(d) Conditions.

290aa-3a. Transferred.

290aa-4. Data collection.

(a) Requirement of annual collection of data on

mental illness and substance abuse.

(b) Requisite areas of data collection on mental

health.

(c) Requisite areas of data collection on

substance abuse.

(d) Development of uniform criteria for data

collection.

290aa-5. Grants for the benefit of homeless individuals.

(a) In general.

(b) Preferences.

(c) Services for certain individuals.

(d) Term of the awards.

(e) Authorization of appropriations.

290aa-5a. Alcohol and drug prevention or treatment services

for Indians and Native Alaskans.

(a) In general.

(b) Priority.

(c) Duration.

(d) Application.

(e) Evaluation.

(f) Report.

(g) Authorization of appropriations.

290aa-5b. Grants for ecstasy and other club drugs abuse

prevention.

(a) Authority.

(b) Use of funds.

(c) Use of funds.

(d) Allocation and report.

(e) Authorization of appropriations.

290aa-6 to 290aa-14. Transferred or Repealed.

PART B - CENTERS AND PROGRAMS

SUBPART 1 - CENTER FOR SUBSTANCE ABUSE TREATMENT

290bb. Center for Substance Abuse Treatment.

(a) Establishment.

(b) Duties.

(c) Grants and contracts.

290bb-1. Residential treatment programs for pregnant and

postpartum women.

(a) In general.

(b) Availability of services for each

participant.

(c) Individualized plan of services.

(d) Required supplemental services.

(e) Minimum qualifications for receipt of award.

(f) Requirement of matching funds.

(g) Outreach.

(h) Accessibility of program; cultural context

of services.

(i) Continuing education.

(j) Imposition of charges.

(k) Reports to Director.

(l) Requirement of application.

(m) Equitable allocation of awards.

(n) Duration of award.

(o) Evaluations; dissemination of findings.

(p) Reports to Congress.

(q) Definitions.

(r) Authorization of appropriations.

290bb-1a. Transferred.

290bb-2. Priority substance abuse treatment needs of

regional and national significance.

(a) Projects.

(b) Priority substance abuse treatment needs.

(c) Requirements.

(d) Evaluation.

(e) Information and education.

(f) Authorization of appropriation.

290bb-2a. Medical treatment of narcotics addiction; report

to Congress.

290bb-3 to 290bb-5. Repealed.

290bb-6. Action by Center for Substance Abuse Treatment and

States concerning military facilities.

(a) Center for Substance Abuse Treatment.

(b) States.

(c) Reservation of space.

290bb-7. Substance abuse treatment services for children

and adolescents.

(a) In general.

(b) Priority.

(c) Duration of grants.

(d) Application.

(e) Evaluation.

(f) Authorization of appropriations.

290bb-8. Early intervention services for children and

adolescents.

(a) In general.

(b) Priority.

(c) Condition.

(d) Duration of grants.

(e) Application.

(f) Evaluation.

(g) Authorization of appropriations.

290bb-9. Methamphetamine and amphetamine treatment

initiative.

(a) Grants.

(b) Geographic distribution.

(c) Additional activities.

(d) Authorization of appropriations.

SUBPART 2 - CENTER FOR SUBSTANCE ABUSE PREVENTION

290bb-21. Office for Substance Abuse Prevention.

(a) Establishment; Director.

(b) Duties of Director.

(c) Grants, contracts and cooperative

agreements.

(d) National data base.

290bb-22. Priority substance abuse prevention needs of

regional and national significance.

(a) Projects.

(b) Priority substance abuse prevention needs.

(c) Requirements.

(d) Evaluation.

(e) Information and education.

(f) Authorization of appropriation.

290bb-23. Prevention, treatment, and rehabilitation model

projects for high risk youth.

(a) Grants to public and nonprofit private

entities.

(b) Priority of projects.

(c) Strategies for reducing use.

(d) Regionally equal distribution of grants.

(e) Application for grants.

(f) Evaluation of projects.

(g) "High risk youth" defined.

(h) Authorization of appropriations.

290bb-24. Repealed.

290bb-25. Grants for services for children of substance

abusers.

(a) Establishment.

(b) Services for children of substance abusers.

(c) Services for affected families.

(d) Training for providers of services to

children and families.

(e) Eligible entities.

(f) Federal share.

(g) Restrictions on use of grant.

(h) Submission to Secretary of certain

information.

(i) Reports to Secretary.

(j) Requirement of application.

(k) Evaluations.

(l) Report to Congress.

(m) Data collection.

(n) Definitions.

(o) Authorization of appropriations.

290bb-25a. Grants for strengthening families.

(a) Program authorized.

(b) Priority.

(c) Duration of grants.

(d) Use of funds.

(e) Application.

(f) Matching funding.

(g) Report to Secretary.

(h) Evaluations.

(i) High-risk families.

(j) Authorization of appropriations.

290bb-25b. Programs to reduce underage drinking.

(a) In general.

(b) Eligibility requirements.

(c) Evaluation.

(d) Geographical distribution.

(e) Duration of award.

(f) Authorization of appropriations.

290bb-25c. Services for individuals with fetal alcohol

syndrome.

(a) In general.

(b) Use of funds.

(c) Requirements.

(d) Relationship to payments under other

programs.

(e) Duration of awards.

(f) Evaluation.

(g) Funding.

290bb-25d. Centers of excellence on services for individuals

with fetal alcohol syndrome and alcohol-related

birth defects and treatment for individuals with

such conditions and their families.

(a) In general.

(b) Use of funds.

(c) Report.

(d) Duration of awards.

(e) Evaluation.

(f) Authorization of appropriations.

290bb-25e. Prevention of methamphetamine and inhalant abuse

and addiction.

(a) Grants.

(b) Use of funds.

(c) Prevention programs and activities.

(d) Analyses and evaluation.

(e) Authorization of appropriations.

SUBPART 3 - CENTER FOR MENTAL HEALTH SERVICES

290bb-31. Center for Mental Health Services.

(a) Establishment.

(b) Duties.

(c) Grants and contracts.

290bb-32. Priority mental health needs of regional and

national significance.

(a) Projects.

(b) Priority mental health needs.

(c) Requirements.

(d) Evaluation.

(e) Information and education.

(f) Authorization of appropriation.

290bb-33. Repealed.

290bb-34. Youth interagency research, training, and

technical assistance centers.

(a) Program authorized.

(b) Application.

(c) Authorized activities.

(d) Authorization of appropriations.

290bb-35. Services for youth offenders.

(a) In general.

(b) Use of funds.

(c) Application.

(d) Report.

(e) Definitions.

(f) Authorization of appropriations.

290bb-36. Suicide prevention for children and adolescents.

(a) In general.

(b) Collaboration.

(c) Requirements.

(d) Use of funds.

(e) Condition.

(f) Special populations.

(g) Application.

(h) Distribution of awards.

(i) Evaluation.

(j) Dissemination and education.

(k) Duration of projects.

(l) Study.

(m) Authorization of appropriation.

290bb-37. Grants for emergency mental health centers.

(a) Program authorized.

(b) Health center.

(c) Distribution of awards.

(d) Application.

(e) Use of funds.

(f) Evaluation.

(g) Authorization of appropriations.

290bb-38. Grants for jail diversion programs.

(a) Program authorized.

(b) Administration.

(c) Applications.

(d) Use of funds.

(e) Federal share.

(f) Geographic distribution.

(g) Training and technical assistance.

(h) Evaluations.

(i) Authorization of appropriations.

290bb-39. Improving outcomes for children and adolescents

through services integration between child

welfare and mental health services.

(a) In general.

(b) Duration.

(c) Application.

(d) Use of funds.

(e) Distribution of awards.

(f) Evaluation.

(g) Authorization of appropriations.

290bb-40. Grants for the integrated treatment of serious

mental illness and co-occurring substance abuse.

(a) In general.

(b) Priority.

(c) Use of funds.

(d) Condition.

(e) Distribution of awards.

(f) Duration.

(g) Application.

(h) Evaluation.

(i) Authorization of appropriation.

290bb-41. Training grants.

(a) In general.

(b) Mental illness awareness training grants.

290cc to 290cc-13. Repealed or Transferred.

PART C - PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS

290cc-21. Formula grants to States.

290cc-22. Purpose of grants.

(a) In general.

(b) Specification of services.

(c) Coordination.

(d) Special consideration regarding veterans.

(e) Special rules.

(f) Administrative expenses.

(g) Maintenance of effort.

(h) Restrictions on use of funds.

(i) Waiver for territories.

290cc-23. Requirement of matching funds.

(a) In general.

(b) Determination of amount.

(c) Limitation regarding grants by States.

290cc-24. Determination of amount of allotment.

(a) Minimum allotment.

(b) Determination under formula.

290cc-25. Conversion to categorical program in event of

failure of State regarding expenditure of grants.

(a) In general.

(b) Specification of funds.

(c) Requirement of provision of services in

State involved.

290cc-26. Provision of certain information from State.

290cc-27. Description of intended expenditures of grant.

(a) In general.

(b) Opportunity for public comment.

(c) Relationship to State comprehensive mental

health services plan.

290cc-28. Requirement of reports by States.

(a) In general.

(b) Availability to public of reports.

(c) Evaluations.

290cc-29. Requirement of application.

290cc-30. Technical assistance.

290cc-31. Failure to comply with agreements.

(a) Repayment of payments.

(b) Withholding of payments.

(c) Opportunity for hearing.

(d) Rule of construction.

290cc-32. Prohibition against certain false statements.

(a) In general.

(b) Criminal penalty for violation of

prohibition.

290cc-33. Nondiscrimination.

(a) In general.

(b) Enforcement.

290cc-34. Definitions.

290cc-35. Funding.

(a) Authorization of appropriations.

(b) Effect of insufficient appropriations for

minimum allotments.

PART D - MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND

MENTAL HEALTH

290dd. Substance abuse among government and other

employees.

(a) Programs and services.

(b) Deprivation of employment.

(c) Construction.

290dd-1. Admission of substance abusers to private and

public hospitals and outpatient facilities.

(a) Nondiscrimination.

(b) Regulations.

290dd-2. Confidentiality of records.

(a) Requirement.

(b) Permitted disclosure.

(c) Use of records in criminal proceedings.

(d) Application.

(e) Nonapplicability.

(f) Penalties.

(g) Regulations.

(h) Application to Department of Veterans

Affairs.

290dd-3 to 290ee-3. Omitted.

PART E - CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES

290ff. Comprehensive community mental health services for

children with serious emotional disturbances.

(a) Grants to certain public entities.

(b) Considerations in making grants.

(c) Matching funds.

290ff-1. Requirements with respect to carrying out purpose

of grants.

(a) Systems of comprehensive care.

(b) Limitation on age of children provided

access to system.

(c) Required mental health services of system.

(d) Required arrangements regarding other

appropriate services.

(e) General provisions regarding services of

system.

(f) Restrictions on use of grant.

(g) Waivers.

290ff-2. Individualized plan for services.

(a) In general.

(b) Multidisciplinary team.

(c) Coordination with services under Individuals

with Disabilities Education Act.

(d) Contents of plan.

290ff-3. Additional provisions.

(a) Optional services.

(b) Comprehensive plan.

(c) Limitation on imposition of fees for

services.

(d) Relationship to items and services under

other programs.

(e) Limitation on administrative expenses.

(f) Reports to Secretary.

(g) Description of intended uses of grant.

(h) Requirement of application.

290ff-4. General provisions.

(a) Duration of support.

(b) Technical assistance.

(c) Evaluations and reports by Secretary.

(d) Definitions.

(e) Rule of construction.

(f) Funding.

PART F - MODEL COMPREHENSIVE PROGRAM FOR TREATMENT OF SUBSTANCE

ABUSE

290gg. Repealed.

PART G - PROJECTS FOR CHILDREN AND VIOLENCE

290hh. Children and violence.

(a) In general.

(b) Activities.

(c) Requirements.

(d) Geographical distribution.

(e) Duration of awards.

(f) Evaluation.

(g) Information and education.

(h) Authorization of appropriations.

290hh-1. Grants to address the problems of persons who

experience violence related stress.

(a) In general.

(b) Priorities.

(c) Geographical distribution.

(d) Evaluation.

(e) Duration of awards.

(f) Authorization of appropriations.

(g) Short title.

PART H - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN

FACILITIES

290ii. Requirement relating to the rights of residents of

certain facilities.

(a) In general.

(b) Requirements.

(c) Current law.

(d) Definitions.

290ii-1. Reporting requirement.

(a) In general.

(b) Facility.

290ii-2. Regulations and enforcement.

(a) Training.

(b) Requirements.

(c) Enforcement.

PART I - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN

NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH

290jj. Requirement relating to the rights of residents of

certain non-medical, community-based facilities

for children and youth.

(a) Protection of rights.

(b) Requirements.

(c) Rule of construction.

(d) Definitions.

290jj-1. Reporting requirement.

290jj-2. Regulations and enforcement.

(a) Training.

(b) Requirements.

(c) Enforcement.

PART J - SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS

290kk. Applicability to designated programs.

(a) Designated programs.

(b) Limitation.

(c) Definitions.

290kk-1. Religious organizations as program participants.

(a) In general.

(b) Religious organizations.

(c) Nondiscrimination against religious

organizations.

(d) Religious character and freedom.

(e) Employment practices.

(f) Rights of program beneficiaries.

(g) Fiscal accountability.

(h) Compliance.

290kk-2. Limitations on use of funds for certain purposes.

290kk-3. Educational requirements for personnel in drug

treatment programs.

(a) Findings.

(b) Nondiscrimination.

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

291. Congressional declaration of purpose.

PART A - GRANTS AND LOANS FOR CONSTRUCTION AND MODERNIZATION OF

HOSPITALS AND OTHER MEDICAL FACILITIES

291a. Authorization of appropriations.

291b. State allotments.

(a) Computation for individual States; formulas

for both new construction and

modernization.

(b) Minimum allotments.

(c) Allotment percentages; definitions;

determination.

(d) Availability of allotments in subsequent

years.

(e) Transfer of allotments.

(f) Request by State to transfer portion of

allotment.

291c. General regulations.

(a) Priority of projects; determination.

(b) Standards of construction and equipment.

(c) Criteria for determining needs for beds,

hospitals and other facilities; plans for

distribution of beds and facilities.

(d) Criteria for determining need for

modernization.

(e) State plan requirements; assurances

necessary for approval of application.

291d. State plans.

(a) Submission; requirements.

(b) Approval by Surgeon General; hearing after

disapproval.

291e. Projects for construction or modernization.

(a) Application; contents.

(b) Approval by Surgeon General; requisites;

additional approval by Secretary of Health

and Human Services.

(c) Opportunity for hearing required prior to

disapproval.

(d) Amendments subject to same approval as

original applications.

(e) Outpatient facilities; requirements of

applicants.

291f. Payments for construction or modernization.

(a) Certification of work by Surgeon General;

conditions affecting payments.

(b) Additional payments in cases of amended

applications.

(c) Administration expenses; use of portion of

allotments to defray; manner of payment.

291g. Withholding of payments; noncompliance with

requirements.

291h. Judicial review.

(a) Refusal to approve application; procedure;

jurisdiction of court of appeals.

(b) Conclusiveness of Surgeon General's

findings; remand; new or modified findings.

(c) Review by Supreme Court; stay of Surgeon

General's action.

291i. Recovery of expenditures under certain conditions.

(a) Persons liable.

(b) Notice to Secretary.

(c) Amount of recovery; interest; interest

period.

(d) Waiver.

(e) Lien.

291j. Loans.

(a) Authorization; conditions.

(b) Approval; payments to applicants.

(c) Terms.

(d) Funds; miscellaneous receipts.

PART B - LOAN GUARANTEES AND LOANS FOR MODERNIZATION AND

CONSTRUCTION OF HOSPITALS AND OTHER MEDICAL FACILITIES

291j-1. Loan guarantees and loans.

(a) Authority of Secretary.

(b) Cost limitations.

(c) Administrative assistance.

291j-2. Allocation among States.

(a) Allotment regulations.

(b) Reallotment.

(c) Time of availability of amounts for

subsequent allotment.

(d) Modernization or construction commenced on

or after January 1, 1968.

291j-3. Applications and conditions.

(a) Contents of applications.

(b) Conditions for approval.

(c) Hearing.

(d) Amendment of approved applications.

(e) Recovery rights; terms and conditions.

(f) Incontestable guarantee.

291j-4. Payment of interest on guaranteed loans.

291j-5. Limitation on amounts of loans guaranteed or

directly made.

291j-6. Loan guarantee and loan fund.

291j-7. Loans to public facilities.

(a) Interest rates; security; equitable

geographical distribution.

(b) Sale.

(c) Agreements.

(d) Right of recovery; waiver.

(e) Interest and interest subsidies as gross

income under Internal Revenue Code.

(f) Sales proceeds; deposit and use.

(g) Authorization of appropriations.

PART C - CONSTRUCTION OR MODERNIZATION OF EMERGENCY ROOMS

291j-8. Authorization of appropriations.

291j-9. Eligibility for grants.

291j-10. Payments.

PART D - GENERAL PROVISIONS

291k. Federal Hospital Council.

(a) Membership; qualifications.

(b) Term of membership.

(c) Meetings; annual or by call of Surgeon

General.

(d) Advisory or technical committees.

291l. Conference of State agencies.

291m. State control of operations.

291m-1. Loans for certain hospital experimentation

projects.

(a) Other public or private sources unavailable

for alleviation of hardship due to

increased construction costs.

(b) Application; form; information.

(c) Interest; repayment period.

(d) Authorization of appropriation.

291n,

291n-1. Repealed or Omitted.

291o. Definitions.

291o-1. Financial statements.

SUBCHAPTER V - HEALTH PROFESSIONS EDUCATION

PART A - STUDENT LOANS

SUBPART I-INSURED HEALTH EDUCATION ASSISTANCE LOANS TO GRADUATE

STUDENTS

292. Statement of purpose.

292a. Scope and duration of loan insurance program.

(a) In general.

(b) Certain limitations and priorities.

(c) Authority of Student Loan Marketing

Association.

292b. Limitations on individual insured loans and on

loan insurance.

(a) In general.

(b) Extent of insurance liability.

292c. Sources of funds.

292d. Eligibility of borrowers and terms of insured

loans.

(a) In general.

(b) Limitation on rate of interest.

(c) Minimum annual payment by borrower.

(d) Applicability of certain laws on rate or

amount of interest.

(e) Determination regarding forbearance.

(f) Loan repayment schedule.

(g) Rule of construction regarding determination

of need of students.

(h) Definitions.

292e. Certificate of loan insurance; effective date of

insurance.

(a) In general.

(b) Authority regarding comprehensive insurance

coverage.

(c) Assignment of insurance rights.

(d) Effect of refinancing or consolidation of

obligations.

(e) Rule of construction regarding consolidation

of debts and refinancing.

292f. Default of borrower.

(a) Conditions for payment to beneficiary.

(b) Subrogation.

(c) Forbearance.

(d) Reasonable care and diligence regarding

loans.

(e) Definitions.

(f) Reductions in Federal reimbursements or

payments for defaulting borrowers.

(g) Conditions for discharge of debt in

bankruptcy.

(h) Requirement regarding actions for default.

(i) Inapplicability of Federal and State statute

of limitations on actions for loan

collection.

(j) School collection assistance.

292g. Risk-based premiums.

(a) Authority.

(b) Assessment of premium.

(c) Reduction of risk-based premium.

(d) Administrative waivers.

(e) Payoff to reduce risk category.

292h. Office for Health Education Assistance Loan

Default Reduction.

(a) Establishment.

(b) Purpose and functions.

(c) Additional duties.

(d) Allocation of funds for Office.

292i. Insurance account.

(a) In general.

(b) Contingent authority for issuance of notes

or other obligations.

292j. Powers and responsibilities of Secretary.

(a) In general.

(b) Annual budget; accounts.

292k. Participation by Federal credit unions in Federal,

State, and private student loan insurance

programs.

292l. Determination of eligible students.

292m. Repayment by Secretary of loans of deceased or

disabled borrowers.

292n. Additional requirements for institutions and

lenders.

(a) In general.

(b) Recording by institution of information on

students.

(c) Workshop for student borrowers.

292o. Definitions.

292p. Authorization of appropriations.

(a) In general.

(b) Availability of sums.

SUBPART II - FEDERALLY-SUPPORTED STUDENT LOAN FUNDS

292q. Agreements for operation of school loan funds.

(a) Fund agreements.

(b) Requirements.

(c) Failure of school to collect loans.

292r. Loan provisions.

(a) Amount of loan.

(b) Terms and conditions.

(c) Repayment; exclusions from repayment period.

(d) Cancellation of liability.

(e) Rate of interest.

(f) Security or endorsement.

(g) Transferring and assigning loans.

(h) Charge with respect to insurance for certain

cancellations.

(i) Charge with respect to late payments.

(j) Authority of schools regarding rate of

payment.

(k) Authority regarding repayments by Secretary.

(l) Collection efforts by Secretary.

(m) Elimination of statute of limitation for

loan collections.

292s. Medical schools and primary health care.

(a) Requirements for students.

(b) Requirements for schools.

(c) Definitions.

292t. Individuals from disadvantaged backgrounds.

(a) Fund agreements regarding certain amounts.

(b) Minimum qualifications for schools.

(c) Certain agreements regarding education of

students; date certain for compliance.

(d) Availability of other amounts.

(e) "Disadvantaged" defined.

(f) Authorization of appropriations.

292u. Administrative provisions.

292v. Provision by schools of information to students.

(a) In general.

(b) Statement regarding loan.

292w. Procedures for appeal of termination of

agreements.

292x. Distribution of assets from loan funds.

(a) Distribution after termination of fund.

(b) Payment of proportionate share to Secretary.

292y. General provisions.

(a) Date certain for applications.

(b) Contingent reduction in allotments.

(c) Allotment of excess funds.

(d) Payment of installments to schools.

(e) Disposition of funds returned to Secretary.

(f) Funding for certain medical schools.

PART B - HEALTH PROFESSIONS TRAINING FOR DIVERSITY

293. Centers of excellence.

(a) In general.

(b) Required use of funds.

(c) Centers of excellence.

(d) Designation as center of excellence.

(e) Authority regarding Native American centers

of excellence.

(f) Duration of grant.

(g) Definitions.

(h) Funding.

293a. Scholarships for disadvantaged students.

(a) In general.

(b) Preference in providing scholarships.

(c) Amount of award.

(d) Definitions.

293b. Loan repayments and fellowships regarding faculty

positions.

(a) Loan repayments.

(b) Fellowships.

293c. Educational assistance in the health professions

regarding individuals from disadvantaged

backgrounds.

(a) In general.

(b) Requirements for awards.

(c) Equitable allocation of financial

assistance.

(d) Matching requirements.

293d. Authorization of appropriation.

(a) Scholarships.

(b) Loan repayments and fellowships.

(c) Educational assistance in health professions

regarding individuals from disadvantaged

backgrounds.

(d) Report.

293e. Grants for health professions education.

(a) Grants for health professions education in

health disparities and cultural competency.

(b) Authorization of appropriations.

PART C - TRAINING IN FAMILY MEDICINE, GENERAL INTERNAL MEDICINE,

GENERAL PEDIATRICS, PHYSICIAN ASSISTANTS, GENERAL DENTISTRY, AND

PEDIATRIC DENTISTRY

293j. Repealed.

293k. Family medicine, general internal medicine,

general pediatrics, general dentistry, pediatric

dentistry, and physician assistants.

(a) Training generally.

(b) Academic administrative units.

(c) Priority.

(d) Duration of award.

(e) Funding.

293l. Advisory Committee on Training in Primary Care

Medicine and Dentistry.

(a) Establishment.

(b) Composition.

(c) Terms.

(d) Duties.

(e) Meetings and documents.

(f) Compensation and expenses.

(g) FACA.

293m to

293p. Repealed.

PART D - INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES

294. General provisions.

(a) Collaboration.

(b) Activities.

294a. Area health education centers.

(a) Authority for provision of financial

assistance.

(b) Requirements for centers.

(c) Certain provisions regarding funding.

294b. Health education and training centers.

(a) In general.

(b) Allocation of funds.

294c. Education and training relating to geriatrics.

(a) Geriatric education centers.

(b) Geriatric training regarding physicians and

dentists.

(c) Geriatric faculty fellowships.

294d. Quentin N. Burdick program for rural

interdisciplinary training.

(a) Grants.

(b) Use of amounts.

(c) Applications.

(d) Definitions.

294e. Allied health and other disciplines.

(a) In general.

(b) Activities.

294f. Advisory Committee on Interdisciplinary,

Community-Based Linkages.

(a) Establishment.

(b) Composition.

(c) Terms.

(d) Duties.

(e) Meetings and documents.

(f) Compensation and expenses.

(g) FACA.

294g. Authorization of appropriations.

(a) In general.

(b) Allocation.

(c) Obligation of certain amounts.

PART E - HEALTH PROFESSIONS AND PUBLIC HEALTH WORKFORCE

SUBPART 1 - HEALTH PROFESSIONS WORKFORCE INFORMATION AND ANALYSIS

294n. Health professions workforce information and

analysis.

(a) Purpose.

(b) Grants or contracts.

(c) Authorization of appropriations.

294o. Advisory Council on Graduate Medical Education.

(a) Establishment; duties.

(b) Composition.

(c) Terms of appointed members.

(d) Chair.

(e) Quorum.

(f) Vacancies.

(g) Compensation.

(h) Certain authorities and duties.

(i) Requirement regarding reports.

(j) Final report.

(k) Termination.

(l) Funding.

294p. Pediatric rheumatology.

(a) In general.

(b) Report to Congress.

(c) Authorization of appropriations.

SUBPART 2 - PUBLIC HEALTH WORKFORCE

295. General provisions.

(a) In general.

(b) Eligibility.

(c) Preference.

(d) Activities.

(e) Traineeships.

295a. Public health training centers.

(a) In general.

(b) Eligible entities.

(c) Certain requirements.

295b. Public health traineeships.

(a) In general.

(b) Certain requirements.

295c. Preventive medicine; dental public health.

(a) In general.

(b) Administration.

295d. Health administration traineeships and special

projects.

(a) In general.

(b) Relevant programs.

(c) Preference in making grants.

(d) Certain provisions regarding traineeships.

295e. Authorization of appropriations.

(a) In general.

(b) Limitation regarding certain program.

PART F - GENERAL PROVISIONS

295j. Preferences and required information in certain

programs.

(a) Preferences in making awards.

(b) "Graduate" defined.

(c) Exceptions for new programs.

295k. Health professions data.

(a) In general.

(b) Certain authorities and requirements.

(d) Reports to Congress.

(e) Requirements regarding personal data.

(g) Technical assistance.

(h) Grants and contracts regarding nonprofit

entities.

295l. Repealed.

295m. Prohibition against discrimination on basis of

sex.

295n. Repealed.

295n-1. Application.

(a) In general.

(b) Plan.

(c) Performance outcome standards.

(d) Linkages.

295n-2. Use of funds.

(a) In general.

(b) Maintenance of effort.

295o. Matching requirement.

295o-1. Generally applicable provisions.

(a) Awarding of grants and contracts.

(b) Eligible entities.

(c) Information requirements.

(d) Training programs.

(e) Duration of assistance.

(f) Peer review regarding certain programs.

(g) Preference or priority considerations.

(h) Analytic activities.

(i) Osteopathic schools.

295o-2. Technical assistance.

295p. Definitions.

SUBCHAPTER VI - NURSING WORKFORCE DEVELOPMENT

PART A - GENERAL PROVISIONS

296. Definitions.

296a. Application.

(a) In general.

(b) Plan.

(c) Performance outcome standards.

(d) Linkages.

296b. Use of funds.

(a) In general.

(b) Maintenance of effort.

296c. Matching requirement.

296d. Preference.

296e. Generally applicable provisions.

(a) Awarding of grants and contracts.

(b) Information requirements.

(c) Training programs.

(d) Duration of assistance.

(e) Peer review regarding certain programs.

(f) Analytic activities.

(g) State and regional priorities.

(h) Filing of applications.

296e-1. Grants for health professions education.

(a) Grants for health professions education in

health disparities and cultural competency.

(b) Authorization of appropriations.

296f. Technical assistance.

296g. Prohibition against discrimination by schools on

basis of sex.

PART B - NURSE PRACTITIONERS, NURSE MIDWIVES, NURSE ANESTHETISTS,

AND OTHER ADVANCED EDUCATION NURSES

296j. Advanced education nursing grants.

(a) In general.

(b) Definition of advanced education nurses.

(c) Authorized nurse practitioner and nurse

midwifery programs.

(d) Authorized nurse anesthesia programs.

(e) Other authorized educational programs.

(f) Traineeships.

PART C - INCREASING NURSING WORKFORCE DIVERSITY

296m. Workforce diversity grants.

(a) In general.

(b) Guidance.

(c) Required information and conditions for

award recipients.

PART D - STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND

PRACTICE

296p. Nurse education, practice, and retention grants.

(a) Education priority areas.

(b) Practice priority areas.

(c) Retention priority areas.

(d) Other priority areas.

(e) Preference.

(f) Report.

(g) Eligible entity.

(h) Authorization of appropriations.

PART E - STUDENT LOANS

297a. Student loan fund.

(a) Agreements to establish and operate fund

authorized.

(b) Provisions of agreements.

(c) Regulatory standards applicable to

collection of loans.

297b. Loan provisions.

(a) Maximum amount per individual per year;

preference to first year students.

(b) Terms and conditions.

(c) Cancellation.

(d) Installments.

(e) Availability to eligible students in need.

(f) Penalty for late payment.

(g) Minimum monthly repayment.

(h) Loan cancellation.

(i) Loan repayment.

(j) Collection by Secretary of loan in default;

preconditions and procedures applicable.

(k) Redesignated (j).

(l) Elimination of statute of limitation for

loan collections.

297c,

297c-1. Repealed.

297d. Allotments and payments of Federal capital

contributions.

(a) Application for allotment; reduction or

adjustment of amount requested in

application; reallotment; continued

availability of funds.

(b) Installment payment of allotments.

(c) Manner of payment.

297e. Distribution of assets from loan funds.

(a) Capital distribution of balance of loan

fund.

(b) Payment of principal or interest on loans.

(c) Payment of balance of loan fund.

297f. Repealed.

297g. Modification of agreements; compromise, waiver or

release.

297h. Repealed.

297i. Procedures for appeal of terminations.

297n. Loan repayment and scholarship programs.

(a) In general.

(b) Manner of payments.

(c) Payment by due date.

(d) Scholarship program.

(e) Preferences regarding participants.

(f) Condition of agreement.

(g) Breach of agreement.

(h) Reports.

(i) Funding.

297n-1. Nurse faculty loan program.

(a) Establishment.

(b) Agreements.

(c) Loan provisions.

(d) Payment of proportionate share.

(e) Review by Secretary.

(f) Authorization of appropriations.

PART F - FUNDING

297q. Funding.

(a) Authorization of appropriations.

(b) Allocations for fiscal years 1998 through

2002.

(c) Allocations after fiscal year 2002.

(d) Use of methodology before fiscal year 2003.

(e) Authority for use of additional factors in

methodology.

PART G - NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE

297t. National Advisory Council on Nurse Education and

Practice.

(a) Establishment.

(b) Composition.

(c) Vacancies.

(d) Duties.

(e) Meetings and documents.

(f) Compensation and expenses.

(g) Funding.

(h) FACA.

PART H - PUBLIC SERVICE ANNOUNCEMENTS

297w. Public service announcements.

(a) In general.

(b) Method.

(c) Authorization of appropriations.

297x. State and local public service announcements.

(a) In general.

(b) Use of funds.

(c) Limitation.

(d) Authorization of appropriations.

PART I - COMPREHENSIVE GERIATRIC EDUCATION

298. Comprehensive geriatric education.

(a) Program authorized.

(b) Use of funds.

(c) Application.

(d) Eligible entity.

(e) Authorization of appropriations.

SUBCHAPTER VII - AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

PART A - ESTABLISHMENT AND GENERAL DUTIES

299. Mission and duties.

(a) In general.

(b) Mission.

(c) Requirements with respect to rural and

inner-city areas and priority populations.

299a. General authorities.

(a) In general.

(b) Health services training grants.

(c) Multidisciplinary centers.

(d) Relation to certain authorities regarding

social security.

(e) Disclaimer.

(f) Rule of construction.

299a-1. Research on health disparities.

(a) In general.

(b) Research and demonstration projects.

(c) Quality measurement development.

(d) Definition.

PART B - HEALTH CARE IMPROVEMENT RESEARCH

299b. Health care outcome improvement research.

(a) Evidence rating systems.

(b) Health care improvement research centers and

provider-based research networks.

299b-1. Private-public partnerships to improve

organization and delivery.

(a) Support for efforts to develop information

on quality.

(b) Centers for education and research on

therapeutics.

(c) Reducing errors in medicine.

299b-2. Information on quality and cost of care.

(a) In general.

(b) Quality and outcomes information.

299b-3. Information systems for health care improvement.

(a) In general.

(b) Demonstration.

(c) Facilitating public access to information.

299b-4. Research supporting primary care and access in

underserved areas.

(a) Preventive Services Task Force.

(b) Primary care research.

299b-4a. Studies on preventive interventions in primary

care for older Americans.

(a) Studies.

(b) Mission statement.

(c) Report.

299b-5. Health care practice and technology innovation.

(a) In general.

(b) Specification of process.

(c) Specific assessments.

(d) Medical examination of certain victims.

299b-6. Coordination of Federal Government quality

improvement efforts.

(a) Requirement.

(b) Study by the Institute of Medicine.

PART C - GENERAL PROVISIONS

299c. Advisory Council for Healthcare Research and

Quality.

(a) Establishment.

(b) Duties.

(c) Membership.

(d) Terms.

(e) Vacancies.

(f) Chair.

(g) Meetings.

(h) Compensation and reimbursement of expenses.

(i) Staff.

(j) Duration.

299c-1. Peer review with respect to grants and contracts.

(a) Requirement of review.

(b) Approval as precondition of awards.

(c) Establishment of peer review groups.

(d) Authority for procedural adjustments in

certain cases.

(e) Regulations.

299c-2. Certain provisions with respect to development,

collection, and dissemination of data.

(a) Standards with respect to utility of data.

(b) Statistics and analyses.

(c) Authority regarding certain requests.

299c-3. Dissemination of information.

(a) In general.

(b) Prohibition against restrictions.

(c) Limitation on use of certain information.

(d) Penalty.

299c-4. Additional provisions with respect to grants and

contracts.

(a) Financial conflicts of interest.

(b) Requirement of application.

(c) Provision of supplies and services in lieu

of funds.

(d) Applicability of certain provisions with

respect to contracts.

299c-5. Certain administrative authorities.

(a) Deputy director and other officers and

employees.

(b) Facilities.

(c) Provision of financial assistance.

(d) Utilization of certain personnel and

resources.

(e) Consultants.

(f) Experts.

(g) Voluntary and uncompensated services.

299c-6. Funding.

(a) Intent.

(b) Authorization of appropriations.

(c) Evaluations.

(d) Health disparities research.

299c-7. Definitions.

SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING

PROGRAMS

300. Project grants and contracts for family planning

services.

(a) Authority of Secretary.

(b) Factors determining awards; establishment

and preservation of rights of local and

regional entities.

(c) Reduction of grant amount.

(d) Authorization of appropriations.

300a. Formula grants to States for family planning

services.

(a) Authority of Secretary; prerequisites.

(b) Factors determining amount of State

allotments.

(c) "State" defined.

(d) Authorization of appropriations.

300a-1. Training grants and contracts; authorization of

appropriations.

300a-2. Conduct, etc., of research activities.

300a-3. Informational and educational materials

development grants and contracts; authorization

of appropriations.

300a-4. Grants and contracts.

(a) Promulgation of regulations governing

execution; amount of grants.

(b) Payment of grants.

(c) Prerequisites; "low-income family" defined.

(d) Suitability of informational or educational

materials.

300a-5. Voluntary participation by individuals;

participation not prerequisite for eligibility or

receipt of other services and information.

300a-6. Prohibition against funding programs using

abortion as family planning method.

300a-6a. Repealed.

300a-7. Sterilization or abortion.

(a) Omitted.

(b) Prohibition of public officials and public

authorities from imposition of certain

requirements contrary to religious beliefs

or moral convictions.

(c) Discrimination prohibition.

(d) Individual rights respecting certain

requirements contrary to religious beliefs

or moral convictions.

(e) Prohibition on entities receiving Federal

grant, etc., from discriminating against

applicants for training or study because of

refusal of applicant to participate on

religious or moral grounds.

300a-8. Penalty for United States, etc., officer or

employee coercing or endeavoring to coerce

procedure upon beneficiary of Federal program.

SUBCHAPTER VIII-A - ADOLESCENT PREGNANCIES

PART A - GRANT PROGRAM

300a-21 to 300a-29. Repealed or Omitted.

PART B - IMPROVING COORDINATION OF FEDERAL AND STATE PROGRAMS

300a-41. Repealed.

SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN

INFANT DEATH SYNDROME

PART A - GENETIC DISEASES

300b. Repealed.

300b-1. Research project grants and contracts.

300b-2. Voluntary participation by individuals.

300b-3. Application; special consideration to prior sickle

cell anemia grant recipients.

(a) Manner of submission; contents.

(b) Considerations for grants and contracts

under section 300b-1 of this title.

300b-4. Public Health Service facilities.

300b-5. Repealed.

300b-6. Applied technology.

300b-7. Tourette Syndrome.

(a) In general.

(b) Certain activities.

(c) Authorization of appropriations.

300b-8. Improved newborn and child screening for heritable

disorders.

(a) In general.

(b) Use of funds.

(c) Eligible entities.

(d) Limitation.

(e) Voluntary participation.

(f) Supplement not supplant.

(g) Publication.

(h) Technical assistance.

(i) Authorization of appropriations.

300b-9. Evaluating the effectiveness of newborn and child

screening programs.

(a) In general.

(b) Demonstration programs.

(c) Eligible entities.

300b-10. Advisory Committee on Heritable Disorders in

Newborns and Children.

(a) Establishment.

(b) Duties.

(c) Membership.

PART B - SUDDEN INFANT DEATH SYNDROME

300c-11. Repealed.

300c-12. Sudden infant death syndrome research and research

reports.

(a) Adequate amounts for identification and

prevention progress.

(b) Reports to Congressional committees;

contents: data as to applications and funds

for specific and general research, summary

of findings and plan for taking advantage

of research leads and findings.

(c) Reports to Congressional committees; current

and past estimates for research.

PART C - HEMOPHILIA PROGRAMS

300c-21. Repealed.

300c-22. Blood-separation centers.

(a) Grants and contracts with public and

nonprofit private entities for projects to

develop and expand existing facilities;

definitions.

(b) Grants for alleviation of insufficient

supplies of blood fractions.

(c) Approval of application as prerequisite for

grant or contract; form, manner of

submission, and contents of application.

(d) Nonapplicability of statutory provisions to

contracts.

(e) Authorization of appropriations.

SUBCHAPTER X - TRAUMA CARE

PART A - GENERAL AUTHORITY AND DUTIES OF SECRETARY

300d. Establishment.

(a) In general.

(b) Grants, cooperative agreements, and

contracts.

(c) Administration.

300d-1. Repealed.

300d-2. Clearinghouse on Trauma Care and Emergency Medical

Services.

(a) Establishment.

(b) Duties.

(c) Fees and assessments.

300d-3. Establishment of programs for improving trauma

care in rural areas.

(a) In general.

(b) Special consideration for certain rural

areas.

(c) Requirement of application.

PART B - FORMULA GRANTS WITH RESPECT TO MODIFICATIONS OF STATE

PLANS

300d-11. Establishment of program.

(a) Requirement of allotments for States.

(b) Purpose.

300d-12. Requirement of matching funds for fiscal years

subsequent to first fiscal year of payments.

(a) Non-Federal contributions.

(b) Determination of amount of non-Federal

contribution.

300d-13. Requirements with respect to carrying out purpose

of allotments.

(a) Trauma care modifications to State plan for

emergency medical services.

(b) Certain standards with respect to trauma

care centers and systems.

(c) Model trauma care plan.

(d) Rule of construction with respect to number

of designated trauma centers.

300d-14. Requirement of submission to Secretary of trauma

plan and certain information.

(a) Trauma plan.

(b) Information received by State reporting and

analysis system.

(c) Availability of emergency medical services

in rural areas.

300d-15. Restrictions on use of payments.

(a) In general.

(b) Exception.

300d-16. Requirement of reports by States.

(a) In general.

(b) Availability to public of reports.

(c) Evaluations by Comptroller General.

300d-17. Requirement of submission of application

containing certain agreements and assurances.

300d-18. Determination of amount of allotment.

(a) Minimum allotment.

(b) Determination under formula.

(c) Disposition of certain funds appropriated

for allotments.

300d-19. Failure to comply with agreements.

(a) Repayment of payments.

(b) Opportunity for hearing.

300d-20. Prohibition against certain false statements.

(a) In general.

(b) Criminal penalty for violation of

prohibition.

300d-21. Technical assistance and provision by Secretary of

supplies and services in lieu of grant funds.

(a) Technical assistance.

(b) Provision by Secretary of supplies and

services in lieu of grant funds.

300d-22. Report by Secretary.

PART C - GENERAL PROVISIONS REGARDING PARTS A AND B

300d-31. Definitions.

300d-32. Funding.

(a) Authorization of appropriations.

(b) Allocation of funds by Secretary.

(c) Effect of insufficient appropriations for

minimum allotments.

300d-33. Repealed.

PART D - TRAUMA CENTERS OPERATING IN AREAS SEVERELY AFFECTED BY

DRUG-RELATED VIOLENCE

300d-41. Grants for certain trauma centers.

(a) In general.

(b) Minimum qualifications of centers.

300d-42. Preferences in making grants.

(a) In general.

(b) Further preference for certain applications.

300d-43. Certain agreements.

(a) Commitment regarding continued participation

in trauma care system.

(b) Maintenance of financial support.

(c) Trauma care registry.

300d-44. General provisions.

(a) Application.

(b) Limitation on duration of support.

(c) Limitation on amount of grant.

300d-45. Authorization of appropriations.

PART E - MISCELLANEOUS PROGRAMS

300d-51. Residency training programs in emergency medicine.

(a) In general.

(b) Identification and referral of domestic

violence.

(c) Authorization of appropriations.

300d-52. State grants for projects regarding traumatic

brain injury.

(a) In general.

(b) State advisory board.

(c) Matching funds.

(d) Application for grant.

(e) Continuation of previously awarded

demonstration projects.

(f) Use of State grants.

(g) Coordination of activities.

(h) Report.

(i) "Traumatic brain injury" defined.

(j) Authorization of appropriations.

300d-53. State grants for protection and advocacy services.

(a) In general.

(b) Services provided.

(c) Application.

(d) Appropriations less than $2,700,000.

(e) Appropriations of $2,700,000 or more.

(f) Carryover.

(g) Direct payment.

(h) Annual report.

(i) Authorization of appropriations.

(j) Definitions.

PART F - INTERAGENCY PROGRAM FOR TRAUMA RESEARCH

300d-61. Establishment of Program.

(a) In general.

(b) Plan for Program.

(c) Participating agencies; coordination and

collaboration.

(d) Certain activities of Program.

(e) Mechanisms of support.

(f) Resources.

(g) Coordinating Committee.

(h) Definitions.

(i) Authorization of appropriations.

SUBCHAPTER XI - HEALTH MAINTENANCE ORGANIZATIONS

300e. Requirements of health maintenance organizations.

(a) "Health maintenance organization" defined.

(b) Manner of supplying basic and supplemental

health services to members.

(c) Organizational requirements.

(d) Application of rules by certain health

maintenance organizations.

300e-1. Definitions.

300e-2,

300e-3. Repealed.

300e-4. Loans and loan guarantees for initial operation

costs.

(a) Authority.

(b) Limitations.

(c) Source of loan funds.

(d) Time limit on loans and loan guarantees.

(e) Repealed.

(f) Medically underserved populations.

300e-4a. Repealed.

300e-5. Application requirements.

(a) Submission to and approval by Secretary

required for making loans and loan

guarantees.

(b) Application contents.

(c) Regulations.

300e-6. Administration of assistance programs.

(a) Recordkeeping; audit and examination.

(b) Report upon expiration of period.

(c) Repealed.

(d) Other entities considered health maintenance

organizations.

300e-7. General provisions relating to loan guarantees and

loans.

(a) Conditions.

(b) Application requirements.

(c) Sale of loans.

(d) Loan guarantee fund.

(e) Loan fund.

(f) Actions to protect interest of United States

in event of default.

300e-8. Authorization of appropriations.

300e-9. Employees' health benefits plans.

(a) Regulations; membership option.

(b) Nondiscriminatory contributions for

services; payroll deductions; effect on

costs.

(c) "Qualified health maintenance organization"

defined.

(d) Civil penalty; notice and presentation of

views; review.

(e) "Employer" defined.

(f) Termination of payment for failure to

comply.

300e-10. Restrictive State laws and practices.

(a) Entities operating as health maintenance

organizations.

(b) Advertising.

(c) Digest of State laws, regulations, and

practices; legal consultative assistance.

300e-11. Continued regulation of health maintenance

organizations.

(a) Determination of deficiency.

(b) Action by Secretary upon determination.

300e-12. Limitation on source of funding for health

maintenance organizations.

300e-13. Repealed.

300e-14. Annual report.

300e-14a. Health services for Indians and domestic

agricultural migratory and seasonal workers.

300e-15. Repealed.

300e-16. Training and technical assistance.

(a) National Health Maintenance Organization

Intern Program.

(b) Technical assistance.

(c) Amounts provided in advance in appropriation

acts.

300e-17. Financial disclosure.

(a) Financial information reported to Secretary.

(b) "Party in interest" defined.

(c) Information availability.

(d) Evaluation of transactions.

(e) Repealed.

(f) Rates.

(g) Annual financial statement.

(h) Penalties.

SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS

PART A - DEFINITIONS

300f. Definitions.

PART B - PUBLIC WATER SYSTEMS

300g. Coverage.

300g-1. National drinking water regulations.

(a) National primary drinking water regulations;

maximum contaminant level goals;

simultaneous publication of regulations and

goals.

(b) Standards.

(c) Secondary regulations; publication of

proposed regulations; promulgation;

amendments.

(d) Regulations; public hearings; administrative

consultations.

(e) Science Advisory Board comments.

300g-2. State primary enforcement responsibility.

(a) In general.

(b) Regulations.

(c) Interim primary enforcement authority.

300g-3. Enforcement of drinking water regulations.

(a) Notice to State and public water system;

issuance of administrative order; civil

action.

(b) Judicial determinations in appropriate

Federal district courts; civil penalties;

separate violations.

(c) Notice to persons served.

(d) Notice of noncompliance with secondary

drinking water regulations.

(e) State authority to adopt or enforce laws or

regulations respecting drinking water

regulations or public water systems

unaffected.

(f) Notice and public hearing; availability of

recommendations transmitted to State and

public water system.

(g) Administrative order requiring compliance;

notice and hearing; civil penalty; civil

actions.

(h) Consolidation incentive.

(i) "Applicable requirement" defined.

300g-4. Variances.

(a) Characteristics of raw water sources;

specific treatment technique; notice to

Administrator, reasons for variance;

compliance, enforcement; approval or

revision of schedules and revocation of

variances; review of variances and

schedules; publication in Federal Register,

notice and results of review; notice to

State; considerations respecting abuse of

discretion in granting variances or failing

to prescribe schedules; State corrective

action; authority of Administrator in a

State without primary enforcement

responsibility; alternative treatment

techniques.

(b) Enforcement of schedule or other

requirement.

(c) Applications for variances; regulations:

reasonable time for acting.

(d) "Treatment technique requirement" defined.

(e) Small system variances.

300g-5. Exemptions.

(a) Requisite findings.

(b) Compliance schedule and implementation of

control measures; notice and hearing; dates

for compliance with schedule; compliance,

enforcement; approval or revision of

schedules and revocation of exemptions.

(c) Notice to Administrator; reasons for

exemption.

(d) Review of exemptions and schedules;

publication in Federal Register, notice and

results of review; notice to State;

considerations respecting abuse of

discretion in granting exemptions or

failing to prescribe schedules; State

corrective action.

(e) "Treatment technique requirement" defined.

(f) Authority of Administrator in a State

without primary enforcement responsibility.

(g) Applications for exemptions; regulations;

reasonable time for acting.

300g-6. Prohibition on use of lead pipes, solder, and

flux.

(a) In general.

(b) State enforcement.

(c) Penalties.

(d) "Lead free" defined.

(e) Plumbing fittings and fixtures.

300g-7. Monitoring of contaminants.

(a) Interim monitoring relief authority.

(b) Permanent monitoring relief authority.

(c) Treatment as NPDWR.

(d) Other monitoring relief.

300g-8. Operator certification.

(a) Guidelines.

(b) State programs.

(c) Existing programs.

(d) Expense reimbursement.

300g-9. Capacity development.

(a) State authority for new systems.

(b) Systems in significant noncompliance.

(c) Capacity development strategy.

(d) Federal assistance.

(e) Variances and exemptions.

(f) Small public water systems technology

assistance centers.

(g) Environmental finance centers.

PART C - PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER

300h. Regulations for State programs.

(a) Publication of proposed regulations;

promulgation; amendments; public hearings;

administrative consultations.

(b) Minimum requirements; restrictions.

(c) Temporary permits; notice and hearing.

(d) "Underground injection" defined; underground

injection endangerment of drinking water

sources.

300h-1. State primary enforcement responsibility.

(a) List of States in need of a control program;

amendment of list.

(b) State applications; notice to Administrator

of compliance with revised or added

requirements; approval or disapproval by

Administrator; duration of State primary

enforcement responsibility; public hearing.

(c) Program by Administrator for State without

primary enforcement responsibility;

restrictions.

(d) "Applicable underground injection control

program" defined.

(e) Primary enforcement responsibility by Indian

Tribe.

300h-2. Enforcement of program.

(a) Notice to State and violator; issuance of

administrative order; civil action.

(b) Civil and criminal actions.

(c) Administrative orders.

(d) State authority to adopt or enforce laws or

regulations respecting underground

injection unaffected.

300h-3. Interim regulation of underground injections.

(a) Necessity for well operation permit;

designation of one aquifer areas.

(b) Well operation permits; publication in

Federal Register; notice and hearing;

issuance or denial; conditions for

issuance.

(c) Civil penalties; separate violations;

penalties for willful violations; temporary

restraining order or injunction.

(d) "New underground injection well" defined.

(e) Areas with one aquifer; publication in

Federal Register; commitments for Federal

financial assistance.

300h-4. Optional demonstration by States relating to oil

or natural gas.

(a) Approval of State underground injection

control program; alternative showing of

effectiveness of program by State.

(b) Revision or amendment of requirements of

regulation; showing of effectiveness of

program by State.

(c) Primary enforcement responsibility of State;

voiding by Administrator under duly

promulgated rule.

300h-5. Regulation of State programs.

300h-6. Sole source aquifer demonstration program.

(a) Purpose.

(b) "Critical aquifer protection area" defined.

(c) Application.

(d) Criteria.

(e) Contents of application.

(f) Comprehensive plan.

(g) Plans under section 208 of Clean Water Act.

(h) Consultation and hearings.

(i) Approval or disapproval.

(j) Grants and reimbursement.

(k) Activities funded under other law.

(l) Savings provision.

(m) Authorization of appropriations.

300h-7. State programs to establish wellhead protection

areas.

(a) State programs.

(b) Public participation.

(c) Disapproval.

(d) Federal assistance.

(e) "Wellhead protection area" defined.

(f) Prohibitions.

(g) Implementation.

(h) Federal agencies.

(i) Additional requirement.

(j) Coordination with other laws.

(k) Authorization of appropriations.

300h-8. State ground water protection grants.

(a) In general.

(b) Guidance.

(c) Conditions of grants.

(d) Amount of grants.

(e) Evaluations and reports.

(f) Authorization of appropriations.

PART D - EMERGENCY POWERS

300i. Emergency powers.

(a) Actions authorized against imminent and

substantial endangerment to health.

(b) Penalties for violations; separate offenses.

300i-1. Tampering with public water systems.

(a) Tampering.

(b) Attempt or threat.

(c) Civil penalty.

(d) "Tamper" defined.

300i-2. Terrorist and other intentional acts.

(a) Vulnerability assessments.

(b) Emergency response plan.

(c) Record maintenance.

(d) Guidance to small public water systems.

(e) Funding.

300i-3. Contaminant prevention, detection and response.

(a) In general.

(b) Funding.

300i-4. Supply disruption prevention, detection and

response.

(a) Disruption of supply or safety.

(b) Alternative sources.

(c) Requirements and considerations.

(d) Information sharing.

(e) Funding.

PART E - GENERAL PROVISIONS

300j. Assurances of availability of adequate supplies of

chemicals necessary for treatment of water.

(a) Certification of need application.

(b) Application requirements; publication in

Federal Register; waiver; certification,

issuance or denial.

(c) Certification of need; issuance; executive

orders; implementation of orders; equitable

apportionment of orders; factors

considered.

(d) Breach of contracts; defense.

(e) Penalties for noncompliance with orders;

temporary restraining orders and

preliminary or permanent injunctions.

(f) Termination date.

300j-1. Research, technical assistance, information,

training of personnel.

(a) Specific powers and duties of Administrator.

(b) Emergency situations.

(c) Establishment of training programs and

grants for training; training fees.

(d) Authorization of appropriations.

(e) Technical assistance.

300j-2. Grants for State programs.

(a) Public water systems supervision programs;

applications for grants; allotment of sums;

waiver of grant restrictions; notice of

approval or disapproval of application;

authorization of appropriations.

(b) Underground water source protection

programs; applications for grants;

allotment of sums; authorization of

appropriations.

(c) Definitions.

(d) New York City watershed protection program.

300j-3. Special project grants and guaranteed loans.

(a) Special study and demonstration project

grants.

(b) Limitations.

(c) Authorization of appropriations.

(d) Loan guarantees to public water systems;

conditions; indebtedness limitation;

regulations.

300j-3a. Grants to public sector agencies.

(a) Assistance for development and demonstration

projects.

(b) Limitations.

(c) Authorization of appropriations.

300j-3b. Contaminant standards or treatment technique

guidelines.

300j-3c. National assistance program for water

infrastructure and watersheds.

(a) Technical and financial assistance.

(b) Limitation.

(c) Condition.

(d) Authorization of appropriations.

(e) Acquisition of lands.

(f) Federal share.

(g) Definitions.

300j-4. Records and inspections.

(a) Provision of information to Administrator;

monitoring program for unregulated

contaminants.

(b) Entry of establishments, facilities, or

other property; inspections; conduct of

certain tests; audit and examination of

records; entry restrictions; prohibition

against informing of a proposed entry.

(c) Penalty.

(d) Confidential information; trade secrets and

secret processes; information disclosure;

"information required under this section"

defined.

(e) "Grantee" and "person" defined.

(f) Information regarding drinking water

coolers.

(g) Occurrence data base.

(h) Availability of information on small system

technologies.

(i) Screening methods.

300j-5. National Drinking Water Advisory Council.

(a) Establishment; membership; representation of

interests; term of office, vacancies;

reappointment.

(b) Functions.

(c) Compensation and allowances; travel

expenses.

(d) Advisory committee termination provision

inapplicable.

300j-6. Federal agencies.

(a) In general.

(b) Administrative penalty orders.

(c) Limitation on State use of funds collected

from Federal Government.

(d) Indian rights and sovereignty as unaffected;

"Federal agency" defined.

(e) Washington Aqueduct.

300j-7. Judicial review.

(a) Courts of appeals; petition for review:

actions respecting regulations; filing

period; grounds arising after expiration of

filing period; exclusiveness of remedy.

(b) District courts; petition for review:

actions respecting variances or exemptions;

filing period; grounds arising after

expiration of filing period; exclusiveness

of remedy.

(c) Judicial order for additional evidence

before Administrator; modified or new

findings; recommendation for modification

or setting aside of original determination.

300j-8. Citizen's civil action.

(a) Persons subject to civil action;

jurisdiction of enforcement proceedings.

(b) Conditions for commencement of civil action;

notice.

(c) Intervention of right.

(d) Costs; attorney fees; expert witness fees;

filing of bond.

(e) Availability of other relief.

300j-9. General provisions.

(a) Regulations; delegation of functions.

(b) Utilization of officers and employees of

Federal agencies.

(c) Assignment of Agency personnel to State or

interstate agencies.

(d) Payments of grants; adjustments; advances;

reimbursement; installments; conditions;

eligibility for grants; "nonprofit agency

or institution" defined.

(e) Labor standards.

(f) Appearance and representation of

Administrator through Attorney General or

attorney appointees.

(g) Authority of Administrator under other

provisions unaffected.

(h) Reports to Congressional committees; review

by Office of Management and Budget:

submittal of comments to Congressional

committees.

(i) Discrimination prohibition; filing of

complaint; investigation; orders of

Secretary; notice and hearing; settlements;

attorneys' fees; judicial review; filing of

petition; procedural requirements; stay of

orders; exclusiveness of remedy; civil

actions for enforcement of orders;

appropriate relief; mandamus proceedings;

prohibition inapplicable to undirected but

deliberate violations.

300j-10. Appointment of scientific, etc., personnel by

Administrator of Environmental Protection Agency

for implementation of responsibilities;

compensation.

300j-11. Indian Tribes.

(a) In general.

(b) EPA regulations.

300j-12. State revolving loan funds.

(a) General authority.

(b) Intended use plans.

(c) Fund management.

(d) Assistance for disadvantaged communities.

(e) State contribution.

(f) Types of assistance.

(g) Administration of State loan funds.

(h) Needs survey.

(i) Indian Tribes.

(j) Other areas.

(k) Other authorized activities.

(l) Savings.

(m) Authorization of appropriations.

(n) Health effects studies.

(o) Monitoring for unregulated contaminants.

(p) Demonstration project for State of Virginia.

(q) Small system technical assistance.

(r) Evaluation.

300j-13. Source water quality assessment.

(a) Source water assessment.

(b) Approval and disapproval.

300j-14. Source water petition program.

(a) Petition program.

(b) Approval or disapproval of petitions.

(c) Grants to support State programs.

(d) Guidance.

(e) Authorization of appropriations.

(f) Statutory construction.

300j-15. Water conservation plan.

(a) Guidelines.

(b) Loans or grants.

300j-16. Assistance to colonias.

(a) Definitions.

(b) Grants to alleviate health risks.

(c) Use of funds.

(d) Cost sharing.

(e) Authorization of appropriations.

300j-17. Estrogenic substances screening program.

300j-18. Drinking water studies.

(a) Subpopulations at greater risk.

(b) Biological mechanisms.

(c) Studies on harmful substances in drinking

water.

(d) Waterborne disease occurrence study.

PART F - ADDITIONAL REQUIREMENTS TO REGULATE SAFETY OF DRINKING

WATER

300j-21. Definitions.

300j-22. Recall of drinking water coolers with lead-lined

tanks.

300j-23. Drinking water coolers containing lead.

(a) Publication of lists.

(b) Prohibition.

(c) Criminal penalty.

(d) Civil penalty.

300j-24. Lead contamination in school drinking water.

(a) Distribution of drinking water cooler list.

(b) Guidance document and testing protocol.

(c) Dissemination to schools, etc.

(d) Remedial action program.

300j-25. Federal assistance for State programs regarding

lead contamination in school drinking water.

(a) School drinking water programs.

(b) Limits.

(c) Authorization of appropriations.

300j-26. Certification of testing laboratories.

SUBCHAPTER XIII - PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST

AND CERVICAL CANCERS

300k. Establishment of program of grants to States.

(a) In general.

(b) Grant and contract authority of States.

(c) Special consideration for certain States.

(d) Coordinating committee regarding year 2000

health objectives.

300l. Requirement of matching funds.

(a) In general.

(b) Determination of amount of non-Federal

contribution.

300l-1. Requirement regarding medicaid.

300m. Requirements with respect to type and quality of

services.

(a) Requirement of provision of all services by

date certain.

(b) Use of improved screening procedures.

(c) Quality assurance regarding screening

procedures.

300n. Additional required agreements.

(a) Priority for low-income women.

(b) Limitation on imposition of fees for

services.

(c) Statewide provision of services.

(d) Relationship to items and services under

other programs.

(e) Coordination with other breast and cervical

cancer programs.

(f) Limitation on administrative expenses.

(g) Restrictions on use of grant.

(h) Records and audits.

(i) Reports to Secretary.

300n-1. Description of intended uses of grant.

300n-2. Requirement of submission of application.

300n-3. Technical assistance and provision of supplies and

services in lieu of grant funds.

(a) Technical assistance.

(b) Provision of supplies and services in lieu

of grant funds.

300n-4. Evaluations and reports.

(a) Evaluations.

(b) Report to Congress.

300n-4a. Supplemental grants for additional preventive

health services.

(a) Demonstration projects.

(b) Status as participant in program regarding

breast and cervical cancer.

(c) Applicability of provisions of general

program.

(d) Funding.

300n-5. Funding for general program.

(a) Authorization of appropriations.

(b) Set-aside for technical assistance and

provision of supplies and services.

SUBCHAPTER XIV - HEALTH RESOURCES DEVELOPMENT

300o to

300p-3. Repealed.

PART A - LOANS AND LOAN GUARANTEES

300q. Loan and loan guarantee authority.

(a) Covered projects: duration; payment of

principal and interest on loans for covered

projects: duration; payments for reduction

of interest rate.

(b) Amount of loans for medical facilities

projects and such projects in urban or

rural poverty areas.

(c) Limitation on cumulative total of principal

of outstanding loans.

(d) Administrative assistance of Department of

Housing and Urban Development.

300q-1. Repealed.

300q-2. General provisions.

(a) Loan guarantees; criteria for approval;

recovery of payments by United States;

modification, etc., of terms and

conditions; incontestability.

(b) Loans; criteria for approval; terms and

conditions; waiver of recovery of payments

by United States.

(c) Sale of loans; authority; amount; agreements

with purchasers; deposit of proceeds.

(d) Loan and loan guarantee fund; establishment;

amounts authorized to be appropriated;

issuance, purchase, and sale of notes,

obligations, etc.; interest rates; public

debt transactions.

(e) Transfers to and additional capitalization

of loan and loan guarantee fund.

(f) Default prevention measures; terms and

conditions; implementation of reforms;

foreclosures; protection of Federal

interest on default.

PART B - PROJECT GRANTS

300r. Grants for construction or modernization projects.

(a) Authority; objectives; eligible grantees;

maximum amounts; authorization of

appropriations; availability of unobligated

funds.

(b) Projects for medically underserved

populations; eligible grantees; maximum

amounts; authorization of appropriations.

PART C - GENERAL PROVISIONS

300s. General regulations.

300s-1. Medical facility project applications.

(a) Submissions.

(b) Form; required provisions; waiver; projects

subject to requirements.

300s-1a. Recovery of expenditures under certain conditions.

(a) Persons liable.

(b) Notice to Secretary.

(c) Amount of recovery; interest; interest

period.

(d) Waiver.

(e) Lien.

300s-2. State supervision or control of operations of

facilities receiving funds.

300s-3. Definitions.

300s-4. Reporting and audit requirements for recipients.

(a) Filing of financial statement with

appropriate State Agency; form and

contents.

(b) Maintenance of records; access to books,

etc., for audit and examination.

(c) Filing of financial statement with

Secretary; form and contents.

300s-5. Availability of technical and other nonfinancial

assistance to eligible applicants.

300s-6. Enforcement of assurances.

PART D - AREA HEALTH SERVICES DEVELOPMENT FUNDS

300t. Development grants for health systems agencies.

(a) Eligible recipients; purpose of grants.

(b) Determination of amounts; maximum amounts.

(c) Applications; submission and approval as

prerequisite; form and contents.

(d) Authorization of appropriations.

PART E - PROGRAM TO ASSIST AND ENCOURAGE VOLUNTARY DISCONTINUANCE

OF UNNEEDED HOSPITAL SERVICES AND CONVERSION OF UNNEEDED HOSPITAL

SERVICES TO OTHER HEALTH SERVICES NEEDED BY COMMUNITY

300t-11. Grants and assistance for establishment of

program.

300t-12. Grants for discontinuance and conversion.

(a) Terms and conditions; determination of

amount; authorized uses.

(b) Application; submission and approval; form;

required provisions; review by health

systems agency; basis of State Agency's

recommendations; urban or rural poverty

population considerations; approval by

Secretary: restrictions and special

considerations.

(c) Certification of protective arrangements for

employment benefits and interests;

guidelines; satisfactory arrangement

determinations.

(d) Records and audits requirements.

(e) "Hospital" defined.

300t-13. Grants to States for reduction of excess hospital

capacity.

(a) "Excess hospital capacity" defined;

particular activities.

(b) Terms and conditions.

300t-14. Authorization of appropriations.

SUBCHAPTER XV - HEALTH INFORMATION AND HEALTH PROMOTION

300u. General authority of Secretary.

(a) Development, support, and implementation of

programs, activities, etc.

(b) Authorization of appropriations.

(c) Application; submission and approval as

prerequisite; form and content.

300u-1. Grants and contracts for research programs;

authority of Secretary; review of applications;

additional functions; periodic public survey.

300u-2. Grants and contracts for community health

programs.

(a) Authority of Secretary; particular

activities.

(b) Grants to States and other public and

nonprofit private entities; costs of

demonstrating and evaluating programs;

development of models.

(c) Private nonprofit entities; limitation on

amount of grant or contract.

300u-3. Grants and contracts for information programs;

authority of Secretary; particular activities.

300u-4. Status reports to President and Congress; study of

health education and preventive health services

with respect to insurance coverage.

300u-5. Centers for research and demonstration of health

promotion and disease prevention.

(a) Establishment; grants; contracts; research

and demonstration projects.

(b) Location; types of research and projects.

(c) Equitable geographic distribution of

centers; procedures.

(d) "Academic health center" defined.

(e) Authorization of appropriations.

300u-6. Office of Minority Health.

(a) In general.

(b) Duties.

(c) Advisory Committee.

(d) Certain requirements regarding duties.

(e) Grants and contracts regarding duties.

(f) Reports.

(g) Definitions.

(h) Funding.

300u-7. Office of Adolescent Health.

(a) In general.

(b) Duties.

(c) Certain demonstration projects.

(d) Information clearinghouse.

(e) National plan.

(f) Adolescent health.

300u-8. Biennial report regarding nutrition and health.

(a) Biennial report.

(b) Submission to Congress.

300u-9. Education regarding DES.

(a) In general.

(b) Authorization of appropriations.

SUBCHAPTER XVI - PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL

PROBLEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH

300v. Commission.

(a) Establishment; composition; appointment of

members; vacancies.

(b) Terms of members.

(c) Chairman.

(d) Meetings.

(e) Compensation; travel expenses, etc.

300v-1. Duties of Commission.

(a) Studies and investigations; priority and

order; report to President and Congress.

(b) Recommendations to agencies; subsequent

administrative requirements.

(c) Report on protection of human subjects;

scope; submission to President, etc.

(d) Annual report; scope; submission to

President, etc.

(e) Publication and dissemination of reports.

(f) Definitions.

300v-2. Administrative provisions.

(a) Hearings.

(b) Appointment and compensationof staff

personnel; procurement and compensation of

temporary and intermittent services; detail

of personnel from other Federal agencies.

(c) Contracting authority.

(d) Informational requirements and prohibitions.

(e) Support services from Administrator of

General Services.

300v-3. Authorization of appropriations; termination of

Commission.

SUBCHAPTER XVII - BLOCK GRANTS

PART A - PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANTS

300w. Authorization of appropriations.

300w-1. Allotments.

(a) Availability based upon prior year

distributions.

(b) Population.

(c) Distribution of appropriated funds not

allotted.

(d) Distributions to Indian tribes.

(e) Report on equitable distribution of

available funds.

300w-2. Payments under allotments to States.

300w-3. Use of allotments.

(a) Preventive health services, comprehensive

public health services, emergency medical

services, etc.

(b) Prohibited uses.

(c) Transfer of funds.

(d) Limitation on administrative costs.

300w-4. Application for payments; State plan.

(a) In general.

(b) State plan.

(c) State certification.

(d) State Advisory Committee.

300w-5. Reports, data, and audits.

(a) Annual reports; contents; data collection;

copies.

(b) Fiscal control; accounting procedures;

annual audits; repayments and offsets;

public inspection; Comptroller General

evaluations; report to Congress.

(c) Inapplicability of title XVII of Omnibus

Budget Reconciliation Act of 1981.

300w-6. Withholding of funds.

(a) Prerequisites.

(b) Investigations.

(c) Availability of books, documents, papers,

and records.

(d) Information not readily available.

300w-7. Nondiscrimination provisions.

(a) Programs and activities receiving Federal

financial assistance.

(b) Failure to comply.

(c) Civil actions by Attorney General.

300w-8. Criminal penalty for false statements.

300w-9. Emergency medical services for children.

(a) Grant authority.

(b) Renewals.

(c) Definitions.

(d) Authorization of appropriations.

300w-10. Repealed.

PART B - BLOCK GRANTS REGARDING MENTAL HEALTH AND SUBSTANCE ABUSE

SUBPART I - BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES

300x. Formula grants to States.

(a) In general.

(b) Purpose of grants.

300x-1. State plan for comprehensive community mental

health services for certain individuals.

(a) In general.

(b) Criteria for plan.

(c) Definitions regarding mental illness and

emotional disturbance; methods for estimate

of incidence and prevalence.

(d) Requirement of implementation of plan.

300x-2. Certain agreements.

(a) Allocation for systems of integrated

services for children.

(b) Providers of services.

(c) Criteria for mental health centers.

300x-3. State mental health planning council.

(a) In general.

(b) Duties.

(c) Membership.

(d) "Council" defined.

300x-4. Additional provisions.

(a) Review of State plan by mental health

planning council.

(b) Maintenance of effort regarding State

expenditures for mental health.

300x-5. Restrictions on use of payments.

(a) In general.

(b) Limitation on administrative expenses.

300x-6. Application for grant.

(a) In general.

(b) Waivers regarding certain territories.

300x-7. Determination of amount of allotment.

(a) States.

(b) Minimum allotments for States.

(c) Territories.

300x-8. Definitions.

300x-9. Funding.

(a) Authorization of appropriations.

(b) Allocations for technical assistance, data

collection, and program evaluation.

SUBPART II - BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE

ABUSE

300x-21. Formula grants to States.

(a) In general.

(b) Authorized activities.

300x-22. Certain allocations.

(a) Allocation regarding primary prevention

programs.

(b) Allocations regarding women.

300x-23. Intravenous substance abuse.

(a) Capacity of treatment programs.

(b) Outreach regarding intravenous substance

abuse.

300x-24. Requirements regarding tuberculosis and human

immunodeficiency virus.

(a) Tuberculosis.

(b) Human immunodeficiency virus.

(c) Expenditure of grant for compliance with

agreements.

(d) Maintenance of effort.

(e) Applicability of certain provision.

300x-25. Group homes for recovering substance abusers.

(a) State revolving funds for establishment of

homes.

(b) Issuance by Secretary of guidelines.

(c) Applicability to territories.

300x-26. State law regarding sale of tobacco products to

individuals under age of 18.

(a) Relevant law.

(b) Enforcement.

(c) Noncompliance of State.

(d) "First applicable fiscal year" defined.

300x-27. Treatment services for pregnant women.

(a) In general.

(b) Referrals regarding States.

300x-28. Additional agreements.

(a) Improvement of process for appropriate

referrals for treatment.

(b) Continuing education.

(c) Coordination of various activities and

services.

(d) Waiver of requirement.

300x-29. Submission to Secretary of statewide assessment of

needs.

300x-30. Maintenance of effort regarding State

expenditures.

(a) In general.

(b) Exclusion of certain funds.

(c) Waiver.

(d) Noncompliance by State.

300x-31. Restrictions on expenditure of grant.

(a) In general.

(b) Exception regarding inpatient hospital

services.

(c) Waiver regarding construction of facilities.

300x-32. Application for grant; approval of State plan.

(a) In general.

(b) State plan.

(c) Waivers regarding certain territories.

(d) Issuance of regulations; precondition to

making grants.

(e) Waiver authority for certain requirements.

300x-33. Determination of amount of allotment.

(a) States.

(b) Minimum allotments for States.

(c) Territories.

(d) Indian tribes and tribal organizations.

300x-34. Definitions.

300x-35. Funding.

(a) Authorization of appropriations.

(b) Allocations for technical assistance,

national data base, data collection, and

program evaluations.

SUBPART III - GENERAL PROVISIONS

300x-51. Opportunity for public comment on State plans.

300x-52. Requirement of reports and audits by States.

(a) Report.

(b) Audits.

(c) Availability to public.

300x-53. Additional requirements.

(a) In general.

(b) Patient records.

300x-54. Disposition of certain funds appropriated for

allotments.

(a) In general.

(b) Specification of amounts.

300x-55. Failure to comply with agreements.

(a) Suspension or termination of payments.

(b) Repayment of payments.

(c) Withholding of payments.

(d) Applicability of remedies to certain

violations.

(e) Opportunity for hearing.

(f) Requirement of hearing in certain

circumstances.

(g) Certain investigations.

300x-56. Prohibitions regarding receipt of funds.

(a) Establishment.

(b) Criminal penalty for violation of

prohibition.

300x-57. Nondiscrimination.

(a) In general.

(b) Enforcement.

300x-58. Technical assistance and provision of supplies and

services in lieu of grant funds.

(a) Technical assistance.

(b) Provision of supplies and services in lieu

of grant funds.

300x-59. Plans for performance partnerships.

(a) Development.

(b) Submission.

(c) Information.

(d) Participants.

300x-60. Rule of construction regarding delegation of

authority to States.

300x-61. Solicitation of views of certain entities.

300x-62. Availability to States of grant payments.

300x-63. Continuation of certain programs.

(a) In general.

(b) Expenditure of amounts.

(c) Definitions.

300x-64. Definitions.

(a) Definitions for this subpart.

(b) Definitions for this part.

300x-65. Services provided by nongovernmental

organizations.

(a) Purposes.

(b) Religious organizations included as

nongovernmental providers.

(c) Religious character and independence.

(d) Employment practices.

(e) Rights of beneficiaries of assistance.

(f) Nondiscrimination against beneficiaries.

(g) Fiscal accountability.

(h) Compliance.

(i) Limitations on use of funds for certain

purposes.

(j) Effect on State and local funds.

(k) Treatment of intermediate contractors.

300x-66. Services for individuals with co-occurring

disorders.

PART C - CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE

ABUSE

SUBPART I - DATA INFRASTRUCTURE DEVELOPMENT

300y. Data infrastructure development.

(a) In general.

(b) Projects.

(c) Condition of receipt of funds.

(d) Matching requirement.

(e) Duration of support.

(f) Authorization of appropriation.

SUBPART II - INTERIM MAINTENANCE TREATMENT OF NARCOTICS DEPENDENCE

300y-11. Interim maintenance treatment.

(a) Requirement regarding Secretary.

(b) Inapplicability of requirement in certain

circumstances.

(c) Conditions for obtaining authorization from

Secretary.

(d) Definitions.

SUBCHAPTER XVIII - ADOLESCENT FAMILY LIFE DEMONSTRATION PROJECTS

300z. Findings and purposes.

300z-1. Definitions; regulations applicable.

300z-2. Demonstration projects; grant authorization, etc.

300z-3. Uses of grants for demonstration projects for

services.

(a) Covered projects.

(b) Family planning services; availability in

community.

(c) Fees for services: criteria.

300z-4. Grants for demonstration projects for services.

(a) Priorities.

(b) Factors to be considered in making grants;

special needs of rural areas.

(c) Duration; Federal share.

300z-5. Requirements for applications.

(a) Form, content, and assurances.

(b) Evaluations: amount, conduct, and technical

assistance.

(c) Reports.

(d) Notification of parents; "adult" defined.

(e) Submission of applications to Governor;

comments by Governor.

(f) Availability of core services.

300z-6. Coordination of programs.

300z-7. Research.

(a) Grants and contracts; duration; renewal;

amount.

(b) Scope of permissible activities.

(c) Applications.

(d) Coordination with National Institutes of

Health.

(e) Review of applications for grants and

contracts; establishment of review panel.

(f) Reports.

300z-8. Evaluation and administration.

300z-9. Authorization of appropriations.

300z-10. Restrictions.

SUBCHAPTER XIX - VACCINES

PART 1 - NATIONAL VACCINE PROGRAM

300aa-1. Establishment.

300aa-2. Program responsibilities.

300aa-3. Plan.

300aa-4. Repealed.

300aa-5. National Vaccine Advisory Committee.

300aa-6. Authorization of appropriations.

PART 2 - NATIONAL VACCINE INJURY COMPENSATION PROGRAM

SUBPART A - PROGRAM REQUIREMENTS

300aa-10. Establishment of program.

(a) Program established.

(b) Attorney's obligation.

(c) Publicity.

300aa-11. Petitions for compensation.

(a) General rule.

(b) Petitioners.

(c) Petition content.

(d) Additional information.

(e) Schedule.

300aa-12. Court jurisdiction.

(a) General rule.

(b) Parties.

(c) United States Court of Federal Claims

special masters.

(d) Special masters.

(e) Action by United States Court of Federal

Claims.

(f) Appeals.

(g) Notice.

300aa-13. Determination of eligibility and compensation.

(a) General rule.

(b) Matters to be considered.

(c) "Record" defined.

300aa-14. Vaccine Injury Table.

(a) Initial table.

(b) Qualifications and aids to interpretation.

(c) Administrative revision of table.

(d) Role of Commission.

(e) Additional vaccines.

300aa-15. Compensation.

(a) General rule.

(b) Vaccines administered before effective date.

(c) Residential and custodial care and service.

(d) Types of compensation prohibited.

(e) Attorneys' fees.

(f) Payment of compensation.

(g) Program not primarily liable.

(h) Liability of health insurance carriers,

prepaid health plans, and benefit

providers.

(i) Source of compensation.

(j) Authorization.

300aa-16. Limitations of actions.

(a) General rule.

(b) Effect of revised table.

(c) State limitations of actions.

300aa-17. Subrogation.

(a) General rule.

(b) Disposition of amounts recovered.

300aa-18. Repealed.

300aa-19. Advisory Commission on Childhood Vaccines.

(a) Establishment.

(b) Term of office.

(c) Meetings.

(d) Compensation.

(e) Staff.

(f) Functions.

SUBPART B - ADDITIONAL REMEDIES

300aa-21. Authority to bring actions.

(a) Election.

(b) Continuance or withdrawal of petition.

(c) Limitations of actions.

300aa-22. Standards of responsibility.

(a) General rule.

(b) Unavoidable adverse side effects; warnings.

(c) Direct warnings.

(d) Construction.

(e) Preemption.

300aa-23. Trial.

(a) General rule.

(b) Liability.

(c) General damages.

(d) Punitive damages.

(e) Evidence.

SUBPART C - ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN

UNITED STATES

300aa-25. Recording and reporting of information.

(a) General rule.

(b) Reporting.

(c) Release of information.

300aa-26. Vaccine information.

(a) General rule.

(b) Development and revision of materials.

(c) Information requirements.

(d) Health care provider duties.

300aa-27. Mandate for safer childhood vaccines.

(a) General rule.

(b) Task force.

(c) Report.

300aa-28. Manufacturer recordkeeping and reporting.

(a) General rule.

(b) Sanction.

SUBPART D - GENERAL PROVISIONS

300aa-31. Citizen's actions.

(a) General rule.

(b) Notice.

(c) Costs of litigation.

300aa-32. Judicial review.

300aa-33. Definitions.

300aa-34. Termination of program.

(a) Reviews.

(b) Report.

SUBCHAPTER XX - REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR

CERTAIN STATE AND LOCAL EMPLOYEES

300bb-1. State and local governmental group health plans

must provide continuation coverage to certain

individuals.

(a) In general.

(b) Exception for certain plans.

300bb-2. Continuation coverage.

300bb-3. Qualifying event.

300bb-4. Applicable premium.

300bb-5. Election.

(a) In general.

(b) Temporary extension of COBRA election period

for certain individuals.

300bb-6. Notice requirements.

300bb-7. Enforcement.

300bb-8. Definitions.

SUBCHAPTER XXI - RESEARCH WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

PART A - ADMINISTRATION OF RESEARCH PROGRAMS

300cc. Requirement of annual comprehensive report on all

expenditures by Secretary with respect to

acquired immune deficiency syndrome.

(a) In general.

(b) Inclusion of certain information.

300cc-1. Requirement of expediting awards of grants and

contracts for research.

(a) In general.

(b) Time limitations with respect to certain

applications.

(c) Requirements with respect to adjustments in

time limitations.

(d) Annual reports to Congress.

(e) Quarterly reports for fiscal year 1989.

300cc-2. Requirements with respect to processing of

requests for personnel and administrative

support.

(a) In general.

(b) Notice to Secretary and to Assistant

Secretary for Health.

(c) "Priority request" defined.

300cc-3. Establishment of Research Advisory Committee.

(a) In general.

(b) Composition.

(c) Duties.

PART B - RESEARCH AUTHORITY

300cc-11. Clinical evaluation units at National Institutes

of Health.

(a) In general.

(b) Personnel and administrative support.

(c) Authorization of appropriations.

300cc-12. Use of investigational new drugs with respect to

acquired immune deficiency syndrome.

(a) Encouragement of applications with respect

to clinical trials.

(b) Encouragement of applications with respect

to treatment use in circumstances other

than clinical trials.

(c) Technical assistance with respect to

treatment use.

(d) "New drug" defined.

300cc-13. Terry Beirn Community-Based AIDS Research

Initiative.

(a) In general.

(b) Requirement of certain projects.

(c) Participation of private industry, schools

of medicine and primary providers.

(d) Requirement of application.

(e) Authorization of appropriations.

300cc-14. Evaluation of certain treatments.

(a) Establishment of program.

(b) Authority with respect to grants and

contracts.

(c) Scientific and ethical guidelines.

(d) Authorization of appropriations.

300cc-15. Support of international efforts.

(a) Grants and contracts for research.

(b) Grants and contracts for additional

purposes.

(c) Special Programme of World Health

Organization.

(d) Preferences.

(e) Requirement of application.

(f) Authorization of appropriations.

300cc-16. Research centers.

(a) In general.

(b) Use of financial assistance.

(c) Duration of support.

(d) Authorization of appropriations.

300cc-17. Information services.

(a) Establishment of program.

(b) Toll-free telephone communications for

health care entities.

(c) Data bank on research information.

(d) Data bank on clinical trials and treatments.

(e) Requirements with respect to data bank on

clinical trials and treatments.

300cc-18. Development of model protocols for clinical care

of infected individuals.

(a) In general.

(b) Requirement of provision of certain

services.

(c) Limitation on imposition of charges for

services.

(d) Evaluation and reports.

(e) Authorization of appropriations.

300cc-19. National blood resource education program.

300cc-20. Additional authority with respect to research.

(a) Data collection with respect to national

prevalence.

(b) Epidemiological and demographic data.

(c) Long-term research.

(d) Social sciences research.

(e) Authorization of appropriations.

PART C - RESEARCH TRAINING

300cc-31. Fellowships and training.

(a) In general.

(b) Programs conducted by National Institute of

Mental Health.

(c) Relationship to limitation on number of

employees.

(d) Authorization of appropriations.

PART D - OFFICE OF AIDS RESEARCH

SUBPART I - INTERAGENCY COORDINATION OF ACTIVITIES

300cc-40. Establishment of Office.

(a) In general.

(b) Duties.

300cc-40a. Advisory Council; coordinating committees.

(a) Advisory Council.

(b) Individual coordinating committees regarding

research disciplines.

300cc-40b. Comprehensive plan for expenditure of

appropriations.

(a) In general.

(b) Certain components of plan.

(c) Budget estimates.

(d) Funding.

300cc-41. Additional authorities.

(a) In general.

(b) Report to Secretary.

(c) Projects for cooperation among public and

private health entities.

SUBPART II - EMERGENCY DISCRETIONARY FUND

300cc-43. Emergency Discretionary Fund.

(a) In general.

(b) Peer review.

(c) Limitations on use of Fund.

(d) Applicability of limitation regarding number

of employees.

(e) Report to Congress.

(f) Definitions.

(g) Funding.

SUBPART III - GENERAL PROVISIONS

300cc-45. General provisions regarding Office.

(a) Administrative support for Office.

(b) Evaluation and report.

(c) Definitions.

PART E - GENERAL PROVISIONS

300cc-51. Definitions.

SUBCHAPTER XXII - HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE

DEFICIENCY SYNDROME

PART A - FORMULA GRANTS TO STATES FOR HOME AND COMMUNITY-BASED

HEALTH SERVICES

300dd to 300dd-14. Repealed.

PART B - SUBACUTE CARE

300dd-21. Demonstration projects.

(a) Definitions.

(b) Authorization to conduct three projects.

(c) Services.

(d) Time and place.

(e) Evaluation and report.

(f) Other research.

(g) Authorization of appropriations.

(h) Services to veterans.

PART C - OTHER HEALTH SERVICES

300dd-31. Grants for anonymous testing.

300dd-32. Requirement of provision of certain counseling

services.

(a) Counseling before testing.

(b) Counseling of individuals with negative test

results.

(c) Counseling of individuals with positive test

results.

(d) Rule of construction with respect to

counseling without testing.

(e) Use of funds.

300dd-33. Funding.

300dd-41. Transferred.

SUBCHAPTER XXIII - PREVENTION OF ACQUIRED IMMUNE DEFICIENCY

SYNDROME

300ee. Use of funds.

(a) In general.

(b) Contents of programs.

(c) Limitation.

(d) Construction.

300ee-1. Establishment of office with respect to minority

health and acquired immune deficiency syndrome.

300ee-2. Information for health and public safety workers.

(a) Development and dissemination of guidelines.

(b) Use in occupational standards.

(c) Development and dissemination of model

curriculum for emergency response

employees.

300ee-3. Continuing education for health care providers.

(a) In general.

(b) Limitation.

(c) Requirement of matching funds.

(d) Requirement of application.

(e) Authorization of appropriations.

300ee-4. Technical assistance.

300ee-5. Use of funds to supply hypodermic needles or

syringes for illegal drug use; prohibition.

300ee-6. Transferred.

PART A - FORMULA GRANTS TO STATES

300ee-11. Establishment of program.

(a) Allotments for States.

(b) Purpose of grants.

300ee-12. Provisions with respect to carrying out purpose of

grants.

300ee-13. Requirement of submission of application

containing certain agreements and assurances.

(a) In general.

(b) Opportunity for public comment.

300ee-14. Restrictions on use of grant.

(a) In general.

(b) Limitation on administrative expenses.

300ee-15. Requirement of reports and audits by States.

(a) Reports.

(b) Audits.

(c) Availability to public.

(d) Evaluations by Comptroller General.

300ee-16. Additional required agreements.

(a) In general.

(b) "Significant percentage" defined.

300ee-17. Determination of amount of allotments for States.

(a) Minimum allotment.

(b) Determination of minimum allotment.

(c) Determination under formula.

(d) Disposition of certain funds appropriated

for allotments.

300ee-18. Failure to comply with agreements.

(a) Repayment of payments.

(b) Withholding of payments.

(c) Opportunity for hearing.

(d) Prompt response to serious allegations.

(e) Investigations.

300ee-19. Prohibition against certain false statements.

(a) In general.

(b) Criminal penalty for violation of

prohibition.

300ee-20. Technical assistance and provision by Secretary of

supplies and services in lieu of grant funds.

(a) Technical assistance.

(b) Provision by Secretary of supplies and

services in lieu of grant funds.

300ee-21. Evaluations.

300ee-22. Report by Secretary.

300ee-23. Definition.

300ee-24. Funding.

(a) Authorization of appropriations.

(b) Availability to States.

PART B - NATIONAL INFORMATION PROGRAMS

300ee-31. Availability of information to general public.

(a) Comprehensive information plan.

(b) Clearinghouse.

(c) Toll-free telephone communications.

300ee-32. Public information campaigns.

(a) In general.

(b) Requirement of application.

300ee-33. Provision of information to underserved

populations.

(a) In general.

(b) Preferences in making grants.

300ee-34. Authorization of appropriations.

(a) In general.

(b) Allocations.

SUBCHAPTER XXIV - HIV HEALTH CARE SERVICES PROGRAM

300ff. Purpose.

300ff-1. Prohibition on use of funds.

PART A - EMERGENCY RELIEF FOR AREAS WITH SUBSTANTIAL NEED FOR

SERVICES

300ff-11. Establishment of program of grants.

(a) Eligible areas.

(b) Requirement regarding confirmation of cases.

(c) Requirements regarding population.

(d) Continued status as eligible area.

300ff-12. Administration and planning council.

(a) Administration.

(b) HIV health services planning council.

(c) Grievance procedures.

(d) Process for establishing allocation

priorities.

(e) Training guidance and materials.

300ff-13. Type and distribution of grants.

(a) Grants based on relative need of area.

(b) Supplemental grants.

(c) Compliance with priorities of HIV planning

council.

300ff-14. Use of amounts.

(a) Requirements.

(b) Primary purposes.

(c) Quality management.

(d) Limited expenditures for personnel needs.

(e) Requirement of status as medicaid provider.

(f) Administration.

(g) Construction.

300ff-15. Application.

(a) In general.

(b) Application.

(c) Single application and grant award.

(d) Date certain for submission.

(e) Requirements regarding imposition of charges

for services.

300ff-16. Technical assistance.

300ff-17. Definitions.

300ff-18. Repealed.

PART B - CARE GRANT PROGRAM

SUBPART I - GENERAL GRANT PROVISIONS

300ff-21. Grants.

(a) In general.

(b) Priority for women, infants, and children.

300ff-22. General use of grants.

(a) In general.

(b) Support services; outreach.

(c) Early intervention services.

(d) Quality management.

300ff-23. Grants to establish HIV care consortia.

(a) Consortia.

(b) Assurances.

(c) Application.

(d) "Family centered care" defined.

(e) Priority.

300ff-24. Grants for home- and community-based care.

(a) Uses.

(b) Priority.

(c) "Home- and community-based health services"

defined.

300ff-25. Continuum of health insurance coverage.

(a) In general.

(b) Limitations.

300ff-26. Provision of treatments.

(a) In general.

(b) Eligible individual.

(c) State duties.

(d) Duties of Secretary.

(e) Use of health insurance and plans.

300ff-27. State application.

(a) In general.

(b) Description of intended uses and agreements.

(c) Requirements regarding imposition of charges

for services.

(d) Requirement of matching funds regarding

State allotments.

300ff-27a. Spousal notification.

(a) In general.

(b) Definitions.

300ff-28. Distribution of funds.

(a) Amount of grant to State.

(b) Allocation of assistance by States.

(c) Expedited distribution.

(d) Reallocation.

300ff-29. Technical assistance.

300ff-30. Supplemental grants.

(a) In general.

(b) Eligibility.

(c) Reporting requirements.

(d) Definition of emerging community.

(e) Funding.

300ff-31. Repealed.

SUBPART II - PROVISIONS CONCERNING PREGNANCY AND PERINATAL

TRANSMISSION OF HIV

300ff-33. CDC guidelines for pregnant women.

(a) Requirement.

(b) Noncompliance.

(c) Additional funds regarding women and

infants.

300ff-34. Perinatal transmission of HIV disease; contingent

requirement regarding State grants under this

part.

(a) Annual determination of reported cases.

(b) Causes of perinatal transmission.

(c) CDC reporting system.

300ff-35, 300ff-36. Repealed.

300ff-37. State HIV testing programs established prior to or

after May 20, 1996.

300ff-37a. Recommendations for reducing incidence of

perinatal transmission.

(a) Study by Institute of Medicine.

(b) Progress toward recommendations.

(c) Submission of reports to Congress.

SUBPART III - CERTAIN PARTNER NOTIFICATION PROGRAMS

300ff-38. Grants for partner notification programs.

(a) In general.

(b) Description of compliant State programs.

(c) Reporting system for cases of HIV disease;

preference in making grants.

(d) Authorization of appropriations.

PART C - EARLY INTERVENTION SERVICES

300ff-41 to 300ff-50. Repealed.

SUBPART I - CATEGORICAL GRANTS

300ff-51. Establishment of program.

(a) In general.

(b) Purposes of grants.

(c) Participation in certain consortium.

300ff-52. Minimum qualifications of grantees.

(a) In general.

(b) Status as medicaid provider.

300ff-53. Preferences in making grants.

(a) In general.

(b) Specification of factors.

(c) Equitable allocations.

(d) Certain areas.

300ff-54. Miscellaneous provisions.

(a) Services for individuals with hemophilia.

(b) Technical assistance.

(c) Planning and development grants.

300ff-55. Authorization of appropriations.

SUBPART II - GENERAL PROVISIONS

300ff-61. Confidentiality and informed consent.

(a) Confidentiality.

(b) Informed consent.

300ff-62. Provision of certain counseling services.

(a) Counseling before testing.

(b) Counseling of individuals with negative test

results.

(c) Counseling of individuals with positive test

results.

(d) Additional requirements regarding

appropriate counseling.

(e) Counseling of emergency response employees.

(f) Rule of construction regarding counseling

without testing.

300ff-63. Applicability of requirements regarding

confidentiality, informed consent, and

counseling.

300ff-64. Additional required agreements.

(a) Reports to Secretary.

(b) Provision of opportunities for anonymous

counseling and testing.

(c) Prohibition against requiring testing as

condition of receiving other health

services.

(d) Maintenance of support.

(e) Requirements regarding imposition of charges

for services.

(f) Relationship to items and services under

other programs.

(g) Administration of grant.

300ff-65. Requirement of submission of application

containing certain agreements and assurances.

300ff-66. Provision by Secretary of supplies and services in

lieu of grant funds.

(a) In general.

(b) Limitation.

300ff-67. Use of funds.

PART D - GENERAL PROVISIONS

300ff-71. Grants for coordinated services and access to

research for women, infants, children, and youth.

(a) In general.

(b) Provisions regarding participation in

research.

(c) Provisions regarding conduct of research.

(d) Additional services for patients and

families.

(e) Coordination with other entities.

(f) Administration.

(g) Coordination with National Institutes of

Health.

(h) Annual review of programs; evaluations.

(i) Limitation on administrative expenses.

(j) Training and technical assistance.

(k) Authorization of appropriations.

300ff-72. Provisions relating to blood banks.

(a) Informational and training programs.

(b) Updates.

(c) Authorization of appropriations.

300ff-73. Research, evaluation, and assessment program.

(a) Establishment.

(b) Report.

(c) Authorization of appropriations.

300ff-74. Evaluations and reports.

(a) Evaluations.

(b) Report to Congress.

(c) Authorization of appropriations.

(d) Allocation of funds.

300ff-75. Coordination.

(a) Requirement.

(b) Report.

(c) Integration by State.

(d) Integration by local or private entities.

(e) Recommendations regarding release of

prisoners.

300ff-75a. Audits.

300ff-75b. Administrative simplification regarding parts A

and B.

(a) Coordinated disbursement.

(b) Biennial applications.

(c) Application simplification.

300ff-76. Definitions.

300ff-77. Authorization of appropriations.

(a) Part A.

(b) Part B.

300ff-78. Prohibition on promotion of certain activities.

PART E - EMERGENCY RESPONSE EMPLOYEES

SUBPART I - GUIDELINES AND MODEL CURRICULUM

300ff-80. Grants for implementation.

(a) In general.

(b) Requirement of application.

(c) Authorization of appropriations.

SUBPART II - NOTIFICATIONS OF POSSIBLE EXPOSURE TO INFECTIOUS

DISEASES

300ff-81. Infectious diseases and circumstances relevant to

notification requirements.

(a) In general.

(b) Specification of airborne infectious

diseases.

(c) Dissemination.

300ff-82. Routine notifications with respect to airborne

infectious diseases in victims assisted.

(a) Routine notification of designated officer.

(b) Requirement of prompt notification.

300ff-83. Request for notifications with respect to victims

assisted.

(a) Initiation of process by employee.

(b) Initial determination by designated officer.

(c) Submission of request to medical facility.

(d) Evaluation and response regarding request to

medical facility.

(e) Time for making response.

(f) Death of victim of emergency.

(g) Assistance of public health officer.

300ff-84. Procedures for notification of exposure.

(a) Contents of notification to officer.

(b) Manner of notification.

300ff-85. Notification of employee.

(a) In general.

(b) Certain contents of notification to

employee.

(c) Responses other than notification of

exposure.

300ff-86. Selection of designated officers.

(a) In general.

(b) Preference in making designations.

300ff-87. Limitations with respect to duties of medical

facilities.

300ff-88. Rules of construction.

(a) Liability of medical facilities and

designated officers.

(b) Testing.

(c) Confidentiality.

(d) Failure to provide emergency services.

300ff-89. Injunctions regarding violation of prohibition.

(a) In general.

(b) Facilitation of information on violations.

300ff-90. Applicability of subpart.

PART F - DEMONSTRATION AND TRAINING

SUBPART I - SPECIAL PROJECTS OF NATIONAL SIGNIFICANCE

300ff-101. Special projects of national significance.

(a) In general.

(b) Grants.

(c) Special projects.

(d) Special populations.

(e) Service development grants.

(f) Coordination.

(g) Replication.

SUBPART II - AIDS EDUCATION AND TRAINING CENTERS

300ff-111. HIV/AIDS communities, schools, and centers.

(a) Schools; centers.

(b) Dental schools.

(c) Authorization of appropriations.

SUBCHAPTER XXV - REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE

PART A - GROUP MARKET REFORMS

SUBPART 1 - PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS

300gg. Increased portability through limitation on

preexisting condition exclusions.

(a) Limitation on preexisting condition

exclusion period; crediting for periods of

previous coverage.

(b) Definitions.

(c) Rules relating to crediting previous

coverage.

(d) Exceptions.

(e) Certifications and disclosure of coverage.

(f) Special enrollment periods.

(g) Use of affiliation period by HMOs as

alternative to preexisting condition

exclusion.

300gg-1. Prohibiting discrimination against individual

participants and beneficiaries based on health

status.

(a) In eligibility to enroll.

(b) In premium contributions.

SUBPART 2 - OTHER REQUIREMENTS

300gg-4. Standards relating to benefits for mothers and

newborns.

(a) Requirements for minimum hospital stay

following birth.

(b) Prohibitions.

(c) Rules of construction.

(d) Notice.

(e) Level and type of reimbursements.

(f) Preemption; exception for health insurance

coverage in certain States.

300gg-5. Parity in application of certain limits to mental

health benefits.

(a) In general.

(b) Construction.

(c) Exemptions.

(d) Separate application to each option offered.

(e) Definitions.

(f) Sunset.

300gg-6. Required coverage for reconstructive surgery

following mastectomies.

SUBPART 3 - PROVISIONS APPLICABLE ONLY TO HEALTH INSURANCE ISSUERS

300gg-11. Guaranteed availability of coverage for employers

in group market.

(a) Issuance of coverage in small group market.

(b) Assuring access in large group market.

(c) Special rules for network plans.

(d) Application of financial capacity limits.

(e) Exception to requirement for failure to meet

certain minimum participation or

contribution rules.

(f) Exception for coverage offered only to bona

fide association members.

300gg-12. Guaranteed renewability of coverage for employers

in group market.

(a) In general.

(b) General exceptions.

(c) Requirements for uniform termination of

coverage.

(d) Exception for uniform modification of

coverage.

(e) Application to coverage offered only through

associations.

300gg-13. Disclosure of information.

(a) Disclosure of information by health plan

issuers.

(b) Information described.

SUBPART 4 - EXCLUSION OF PLANS; ENFORCEMENT; PREEMPTION

300gg-21. Exclusion of certain plans.

(a) Exception of certain small group health

plans.

(b) Limitation on application of provisions

relating to group health plans.

(c) Exception for certain benefits.

(d) Exception for certain benefits if certain

conditions met.

(e) Treatment of partnerships.

300gg-22. Enforcement.

(a) State enforcement.

(b) Secretarial enforcement authority.

300gg-23. Preemption; State flexibility; construction.

(a) Continued applicability of State law with

respect to health insurance issuers.

(b) Special rules in case of portability

requirements.

(c) Rules of construction.

(d) Definitions.

PART B - INDIVIDUAL MARKET RULES

SUBPART 1 - PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS

300gg-41. Guaranteed availability of individual health

insurance coverage to certain individuals with

prior group coverage.

(a) Guaranteed availability.

(b) "Eligible individual" defined.

(c) Alternative coverage permitted where no

State mechanism.

(d) Special rules for network plans.

(e) Application of financial capacity limits.

(e) Market requirements.

(f) Construction.

300gg-42. Guaranteed renewability of individual health

insurance coverage.

(a) In general.

(b) General exceptions.

(c) Requirements for uniform termination of

coverage.

(d) Exception for uniform modification of

coverage.

(e) Application to coverage offered only through

associations.

300gg-43. Certification of coverage.

300gg-44. State flexibility in individual market reforms.

(a) Waiver of requirements where implementation

of acceptable alternative mechanism.

(b) Application of acceptable alternative

mechanisms.

(c) Provision related to risk.

300gg-45. Promotion of qualified high risk pools.

(a) Seed grants to States.

(b) Matching funds for operation of pools.

(c) Funding.

(d) Qualified high risk pool and State defined.

SUBPART 2 - OTHER REQUIREMENTS

300gg-51. Standards relating to benefits for mothers and

newborns.

(a) In general.

(b) Notice requirement.

(c) Preemption; exception for health insurance

coverage in certain States.

300gg-52. Required coverage for reconstructive surgery

following mastectomies.

SUBPART 3 - GENERAL PROVISIONS

300gg-61. Enforcement.

(a) State enforcement.

(b) Secretarial enforcement authority.

300gg-62. Preemption.

(a) In general.

(b) Rules of construction.

300gg-63. General exceptions.

(a) Exception for certain benefits.

(b) Exception for certain benefits if certain

conditions met.

PART C - DEFINITIONS; MISCELLANEOUS PROVISIONS

300gg-91. Definitions.

(a) Group health plan.

(b) Definitions relating to health insurance.

(c) Excepted benefits.

(d) Other definitions.

(e) Definitions relating to markets and small

employers.

300gg-92. Regulations.

SUBCHAPTER XXVI - NATIONAL PREPAREDNESS FOR BIOTERRORISM AND OTHER

PUBLIC HEALTH EMERGENCIES

PART A - NATIONAL PREPAREDNESS AND RESPONSE PLANNING, COORDINATING,

AND REPORTING

300hh. National preparedness plan.

(a) In general.

(b) Preparedness goals.

(c) Reports to Congress.

(d) Rule of construction.

PART B - EMERGENCY PREPAREDNESS AND RESPONSE

300hh-11. Coordination of preparedness for and response to

bioterrorism and other public health emergencies.

(a) Assistant Secretary for Public Health

Emergency Preparedness.

(b) National Disaster Medical System.

(c) Criteria.

(d) Intermittent disaster-response personnel.

(e) Certain employment issues regarding

intermittent appointments.

(f) Rule of construction regarding use of

commissioned corps.

(g) Definition.

(h) Authorization of appropriations.

300hh-12. Strategic national stockpile.

(a) Strategic national stockpile.

(b) Smallpox vaccine development.

(c) Disclosures.

(d) Definition.

(e) Authorization of appropriations.

300hh-13. Evaluation of new and emerging technologies

regarding bioterrorist attack and other public

health emergencies.

(a) In general.

(b) Certain activities.

(c) Consultation and evaluation.

(d) Report.

300aaa to 300aaa-13. Transferred.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 217a-1, 247b-4a, 300a-7,

300a-29, 701, 1320a-1, 1320a-7b, 1396r-4, 1437d, 3013, 3796gg,

14402 of this title; title 6 section 467; title 7 section 136a-1;

title 8 section 1255a; title 18 section 42; title 20 section 1092a;

title 21 section 397; title 35 sections 156, 287; title 38 section

8126.

-End-

-CITE-

42 USC SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS

PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 5 section 5948.

-End-

-CITE-

42 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 201. Definitions

-STATUTE-

When used in this chapter -

(a) The term "Service" means the Public Health Service;

(b) The term "Surgeon General" means the Surgeon General of the

Public Health Service;

(c) Unless the context otherwise requires, the term "Secretary"

means the Secretary of Health and Human Services.

(d) The term "regulations", except when otherwise specified,

means rules and regulations made by the Surgeon General with the

approval of the Secretary;

(e) The term "executive department" means any executive

department, agency, or independent establishment of the United

States or any corporation wholly owned by the United States;

(f) Except as provided in sections 246(g)(4)(B),(!1)

247c(c)(1),(!1) 254d(h)(3),(!1) 263(5), 264(d), 292a(9),(!1)

300a(c), 300f(13), and 300n(1) (!1) of this title, the term "State"

includes, in addition to the several States, only the District of

Columbia, Guam, the Commonwealth of Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, American Samoa, and the Trust

Territory of the Pacific Islands.

(g) The term "possession" includes, among other possessions,

Puerto Rico and the Virgin Islands;

(h) Repealed. Pub. L. 97-35, title IX, Sec. 986(a), Aug. 13,

1981, 95 Stat. 603.

(i) The term "vessel" includes every description of watercraft or

other artificial contrivance used, or capable of being used, as a

means of transportation on water, exclusive of aircraft and

amphibious contrivances;

(j) The term "habit-forming narcotic drug" or "narcotic" means

opium and coca leaves and the several alkaloids derived therefrom,

the best known of these alkaloids being morphia, heroin, and

codeine, obtained from opium, and cocaine derived from the coca

plant; all compounds, salts, preparations, or other derivatives

obtained either from the raw material or from the various

alkaloids; Indian hemp and its various derivatives, compounds, and

preparations, and peyote in its various forms; isonipecaine and its

derivatives, compounds, salts, and preparations; opiates (as

defined in section 4731(g) (!1) of title 26);

(k) The term "addict" means any person who habitually uses any

habit-forming narcotic drugs so as to endanger the public morals,

health, safety, or welfare, or who is or has been so far addicted

to the use of such habit-forming narcotic drugs as to have lost the

power of self-control with reference to his addiction;

(l) The term "psychiatric disorders" includes diseases of the

nervous system which affect mental health;

(m) The term "State mental health authority" means the State

health authority, except that, in the case of any State in which

there is a single State agency, other than the State health

authority, charged with responsibility for administering the mental

health program of the State, it means such other State agency;

(n) The term "heart diseases" means diseases of the heart and

circulation;

(o) The term "dental diseases and conditions" means diseases and

conditions affecting teeth and their supporting structures, and

other related diseases of the mouth; and

(p) The term "uniformed service" means the Army, Navy, Air Force,

Marine Corps, Coast Guard, Public Health Service, or National

Oceanic and Atmospheric Administration.

(q) The term "drug dependent person" means a person who is using

a controlled substance (as defined in section 802 of title 21) and

who is in a state of psychic or physical dependence, or both,

arising from the use of that substance on a continuous basis. Drug

dependence is characterized by behavioral and other responses which

include a strong compulsion to take the substance on a continuous

basis in order to experience its psychic effects or to avoid the

discomfort caused by its absence.

-SOURCE-

(July 1, 1944, ch. 373, title I, Sec. 2, 58 Stat. 682; July 3,

1946, ch. 538, Sec. 3, 60 Stat. 421; Feb. 28, 1948, ch. 83, Sec. 1,

62 Stat. 38; June 16, 1948, ch. 481, Sec. 6(a), 62 Stat. 469; June

24, 1948, ch. 621, Sec. 6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1,

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.

86-70, Sec. 31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-415,

Sec. 5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-624, Sec. 29(a),

July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91-212, Sec. 11, Mar.

13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970,

35 F.R. 15627, 84 Stat. 2090; Pub. L. 91-513, title I, Sec. 2(b),

Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93-523, Sec. 2(b), Dec. 16,

1974, 88 Stat. 1693; Pub. L. 94-317, title III, Sec. 301(a), June

23, 1976, 90 Stat. 707; Pub. L. 94-484, title IX, Sec. 905(a), Oct.

12, 1976, 90 Stat. 2325; Pub. L. 95-83, title I, Sec. 107, Aug. 1,

1977, 91 Stat. 386; Pub. L. 96-79, title II, Sec. 203(e)(2), Oct.

4, 1979, 93 Stat. 635; Pub. L. 97-35, title IX, Secs. 902(d)(5),

986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103-43, title XX,

Sec. 2008(e), June 10, 1993, 107 Stat. 212.)

-REFTEXT-

REFERENCES IN TEXT

Section 246(g) of this title, referred to in subsec. (f), was

repealed by Pub. L. 96-398, title I, Sec. 107(d), Oct. 7, 1980, 94

Stat. 1571.

Section 247c(c)(1) of this title, referred to in subsec. (f), was

repealed by Pub. L. 94-317, title II, Sec. 203(f)(1), June 23,

1976, 90 Stat. 704.

Section 254d(h)(3) of this title, referred to in subsec. (f), was

redesignated section 254d(i)(4) of this title by Pub. L. 100-177,

title II, Sec. 202(b)(5), title III, Sec. 301(1), Dec. 1, 1987, 101

Stat. 996, 1003, and was subsequently redesignated section

254d(j)(4) of this title by Pub. L. 107-251, title III, Sec.

301(b)(1), Oct. 26, 2002, 116 Stat. 1643.

Section 292a of this title, referred to in subsec. (f), contained

definitions for purposes of subchapter V of this chapter prior to

the general revision of subchapter V by Pub. L. 102-408, title I,

Sec. 102, Oct. 13, 1992, 106 Stat. 1994. See sections 292o and 295p

of this title.

Section 300n of this title, referred to in subsec. (f), was

repealed by Pub. L. 99-660, title VII, Sec. 701(a), Nov. 14, 1986,

100 Stat. 3799.

Section 4731(g) of title 26, referred to in subsec. (j), was

repealed by Pub. L. 91-513, title III, Sec. 1101(b)(3)(A), Oct. 27,

1970, 84 Stat. 1292. A definition of "opiate" is contained in

section 102 of Pub. L. 91-513, which is classified to section 802

of Title 21, Food and Drugs. Reference to section 4731(g) of title

26 was substituted for "section 3228(f) of title 26" on authority

of section 7852(b) of Title 26, Internal Revenue Code, which

provides that a reference in other laws to the Internal Revenue

Code of 1939 is deemed a reference to the corresponding provision

of the Internal Revenue Code of 1986.

-MISC1-

AMENDMENTS

1993 - Subsec. (c). Pub. L. 103-43 substituted "Health and Human

Services" for "Health, Education, and Welfare".

1981 - Subsec. (f). Pub. L. 97-35, Sec. 902(d)(5), struck out

reference to section 300d(2) of this title.

Subsec. (h). Pub. L. 97-35, Sec. 986(a), struck out subsec. (h)

which defined "seamen".

1979 - Subsec. (f). Pub. L. 96-79 struck out from enumeration of

excepted sections reference to section 300s-3(1) of this title.

1977 - Subsec. (f). Pub. L. 95-83 expanded definition of "State"

to include American Samoa and the Trust Territory of the Pacific

Islands.

1976 - Subsec. (f). Pub. L. 94-484 inserted in list of excepted

sections reference to sections 247c(c)(1), 254d(h)(3), 263(5), and

292a(9) of this title, struck out from enumeration reference to

section 263c(5) of this title, and defined "State" to include the

Northern Mariana Islands.

Pub. L. 94-317 substituted provisions defining, with certain

specific exceptions, "State" to include the several States, the

District of Columbia, Guam, Puerto Rico and the Virgin Islands for

provisions defining "State" to include a State or the District of

Columbia, Puerto Rico, or the Virgin Islands, except in section

264(d) of this title such term means a State or the District of

Columbia, and in subchapter XII of this chapter such term includes

Guam, American Samoa, and the Trust Territory of the Pacific

Islands.

1974 - Subsec. (f). Pub. L. 93-523 designated existing provisions

as cl. (1) and added cl. (2).

1970 - Subsec. (c). Pub. L. 91-212 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: "The term

'Administrator' means the Federal Security Administrator;".

Subsec. (q). Pub. L. 91-513 added subsec. (q).

1960 - Subsec. (f). Pub. L. 86-624 struck out "Hawaii," before

"Puerto Rico".

Subsec. (p). Pub. L. 86-415 added subsec. (p).

1959 - Subsec. (f). Pub. L. 86-70 struck out "Alaska," after

"Hawaii," and substituted "or the District of Columbia" for ", the

District of Columbia, or Alaska".

1948 - Subsec. (j). Act Feb. 28, 1948, inserted "isonipecaine and

its derivatives, compounds, salts, and preparations; opiates (as

defined in section 4731(g) of title 26)".

Subsec. (n). Act June 16, 1948, added subsec. (n).

Subsec. (o). Act June 24, 1948, added subsec. (o).

1946 - Subsecs. (l), (m). Act July 3, 1946, added subsecs. (l)

and (m).

-CHANGE-

CHANGE OF NAME

Coast and Geodetic Survey consolidated with Weather Bureau to

form a new agency in Department of Commerce to be known as

Environmental Science Services Administration, and commissioned

officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of

1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in

the Appendix to Title 5, Government Organization and Employees.

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, abolished Environmental Science Services

Administration, established National Oceanic and Atmospheric

Administration, and redesignated Commissioned Officer Corps of ESSA

as Commissioned Officer Corps of NOAA. For further details, see

Transfer of Functions note set out under section 851 of Title 33,

Navigation and Navigable Waters.

-MISC2-

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-310, div. A, title XXIX, Sec. 2901, Oct. 17, 2000,

114 Stat. 1168, provided that: "This division [see Tables for

classification] and the amendments made by this division take

effect October 1, 2000, or upon the date of the enactment of this

Act [Oct. 17, 2000], whichever occurs later."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 2101 of Pub. L. 103-43 provided that: "Subject to section

203(c) [enacting provisions set out as a note under section 283c of

this title], this Act [see Short Title of 1993 Amendment note

below] and the amendments made by this Act take effect upon the

date of the enactment of this Act [June 10, 1993]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 902(d)(5) of Pub. L. 97-35 effective Oct. 1,

1981, see section 902(h) of Pub. L. 97-35, set out as a note under

section 238l of this title.

Amendment by section 986(a) of Pub. L. 97-35 effective Oct. 1,

1981, see section 986(c) of Pub. L. 97-35, set out as a note under

section 249 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-79 effective Oct. 1, 1979, see section

204 of Pub. L. 96-79, set out as a note under section 300q of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 12(b) of Pub. L. 91-212 provided that: "The amendments

made by sections 10(d) and 11 [amending this section and sections

276, 277, 278, 280, 280a-1, 280b-2 to 280b-9, and 280b-11 of this

title] shall take effect on the date of enactment of this Act [Mar.

13, 1970]."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 47(f) of Pub. L. 86-624 provided that: "The amendments

made by subsection (c), paragraphs (3) and (4) of subsection (b),

and paragraph (4) of subsection (d) of section 14 [amending

sections 15i, 15jj, 15ggg, 244, and 645 of Title 20, Education], by

section 20(a) [amending section 41 of Title 29, Labor], by section

23(b) [amending section 466j of Title 33, Navigation and Navigable

Waters], by subsections (a), (b), and (c), and paragraph (4) of

subsection (d), of section 29 [amending this section and sections

255, 264, and 291i of this title], and by subsection (d), and

paragraph (2) of subsection (c), of section 30 [amending sections

410 and 1301 of this title] shall become effective on August 21,

1959."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-70 effective Jan. 3, 1959, see section

47(d) of Pub. L. 86-70.

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-313, Sec. 1, Dec. 2, 2002, 116 Stat. 2457, provided

that: "This Act [amending section 300gg-5 of this title and section

1185a of Title 29, Labor] may be cited as the 'Mental Health Parity

Reauthorization Act of 2002'."

Pub. L. 107-280, Sec. 1, Nov. 6, 2002, 116 Stat. 1988, provided

that: "This Act [enacting sections 283h and 283i of this title and

provisions set out as a note under section 283h of this title] may

be cited as the 'Rare Diseases Act of 2002'."

Pub. L. 107-260, Sec. 1, Oct. 29, 2002, 116 Stat. 1743, provided

that: "This Act [amending section 280e of this title and enacting

provisions set out as a note under section 280e of this title] may

be cited as the 'Benign Brain Tumor Cancer Registries Amendment

Act'."

Pub. L. 107-251, Sec. 1(a), Oct. 26, 2002, 116 Stat. 1621,

provided that: "This Act [enacting subparts V (Sec. 256) and X

(Sec. 256f et seq.) of part D of subchapter II of this chapter and

sections 254c-14 to 254c-17, 254g, and 254t of this title, amending

sections 233, 247b-1, 247b-6, 247c-1, 254b, 254c, 254d to 254f-1,

254h to 254i, 254k to 254o, 254q, 254q-1, 256d, 290cc-34, 294o,

295p, 300e-12, and 300ff-52 of this title, repealing sections 254g

and 254t of this title, and enacting provisions set out as notes

under this section and sections 254b, 254e, 254l, 254o, 256, and

1396a of this title] may be cited as the 'Health Care Safety Net

Amendments of 2002'."

Pub. L. 107-251, title II, Sec. 211, Oct. 26, 2002, 116 Stat.

1632, provided that: "This subtitle [subtitle B (Secs. 211, 212) of

title II of Pub. L. 107-251, enacting section 254c-14 of this

title] may be cited as the 'Telehealth Grant Consolidation Act of

2002'."

Pub. L. 107-205, Sec. 1, Aug. 1, 2002, 116 Stat. 811, provided

that: "This Act [enacting sections 297n-1, 297w, 297x, and 298 of

this title, amending sections 294c, 296, 296p, and 297n of this

title, and enacting provisions set out as a note under section 296

of this title] may be cited as the 'Nurse Reinvestment Act'."

Pub. L. 107-188, Sec. 1(a), June 12, 2002, 116 Stat. 594,

provided that: "This Act [see Tables for classification] may be

cited as the 'Public Health Security and Bioterrorism Preparedness

and Response Act of 2002'."

Pub. L. 107-188, title I, Sec. 159(a), June 12, 2002, 116 Stat.

634, provided that: "This section [enacting sections 244 and 245 of

this title and provisions set out as a note under section 244 of

this title] may be cited as the 'Community Access to Emergency

Defibrillation Act of 2002'."

Pub. L. 107-172, Sec. 1, May 14, 2002, 116 Stat. 541, provided

that: "This Act [enacting section 285a-10 of this title and

provisions set out as a note under section 285a-10 of this title]

may be cited as the 'Hematological Cancer Research Investment and

Education Act of 2002'."

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-84, Sec. 1, Dec. 18, 2001, 115 Stat. 823, provided

that: "This Act [enacting sections 247b-18, 247b-19, and 283g of

this title and enacting provisions set out as notes under sections

247b-18 and 281 of this title] may be cited as the 'Muscular

Dystrophy Community Assistance, Research and Education Amendments

of 2001', or the 'MD-CARE Act'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-580, Sec. 1, Dec. 29, 2000, 114 Stat. 3088, provided

that: "This Act [enacting section 285r of this title, amending

section 281 of this title, and enacting provisions set out as notes

under section 285r of this title] may be cited as the 'National

Institute of Biomedical Imaging and Bioengineering Establishment

Act'."

Pub. L. 106-551, Sec. 1, Dec. 20, 2000, 114 Stat. 2752, provided

that: "This Act [enacting section 287a-3a of this title and

provisions set out as a note under section 287a-3a of this title]

may be cited as the 'Chimpanzee Health Improvement, Maintenance,

and Protection Act'."

Pub. L. 106-545, Sec. 1, Dec. 19, 2000, 114 Stat. 2721, provided

that: "This Act [enacting sections 285l-2 to 285l-5 of this title]

may be cited as the 'ICCVAM Authorization Act of 2000'."

Pub. L. 106-525, Sec. 1(a), Nov. 22, 2000, 114 Stat. 2495,

provided that: "This Act [enacting sections 287c-31 to 287c-34,

293e, 296e-1, and 299a-1 of this title, amending sections 281,

296f, 299a, 299c-6, and 300u-6 of this title, repealing section

283b of this title, and enacting provisions set out as notes under

sections 281, 287c-31, 293e, and 3501 of this title] may be cited

as the 'Minority Health and Health Disparities Research and

Education Act of 2000'."

Pub. L. 106-505, Sec. 1(a), Nov. 13, 2000, 114 Stat. 2314,

provided that: "This Act [enacting sections 238p, 238q, 247d to

247d-7, 254c-9 to 254c-13, 284k, 284l, 285d-6a, 285e-10a, 285f-3,

287a-4 and 288-5a of this title, amending sections 273, 274b-5,

284d, 285a-8, 285e-11, 285f-3, 287a-2 and 287a-3 of this title,

repealing former section 247d of this title, enacting provisions

set out as notes under this section and sections 238p, 254c, 273,

284k, 285d-6a, 287, 287a-2 and 289 of this title, and amending

provisions set out as a note under section 289 of this title] may

be cited as the 'Public Health Improvement Act'."

Pub. L. 106-505, title I, Sec. 101, Nov. 13, 2000, 114 Stat.

2315, provided that: "This title [enacting sections 247d to 247d-7

of this title and repealing former section 247d of this title] may

be cited as the 'Public Health Threats and Emergencies Act'."

Pub. L. 106-505, title II, Sec. 201, Nov. 13, 2000, 114 Stat.

2325, provided that: "This title [enacting sections 284k, 284l,

287a-4 and 288a-5 of this title, amending section 284d of this

title, and enacting provisions set out as notes under section 284k

of this title] may be cited as the 'Clinical Research Enhancement

Act of 2000'."

Pub. L. 106-505, title III, Sec. 301, Nov. 13, 2000, 114 Stat.

2330, provided that: "This title [enacting section 287a-2 of this

title, amending section 287a-3 of this title, and enacting

provisions set out as notes under sections 287 and 287a-2 of this

title] may be cited as the 'Twenty-First Century Research

Laboratories Act'."

Pub. L. 106-505, title IV, Sec. 401, Nov. 13, 2000, 114 Stat.

2336, provided that: "This subtitle [subtitle A (Secs. 401-404) of

title IV of Pub. L. 106-505, enacting sections 238p and 238q of

this title and provisions set out as a note under section 238p of

this title] may be cited as the 'Cardiac Arrest Survival Act of

2000'."

Pub. L. 106-505, title V, Sec. 501, Nov. 13, 2000, 114 Stat.

2342, provided that: "This title [enacting sections 254c-9 to

254c-13 and 285d-6a of this title and provisions set out as a note

under section 285d-6a of this title] may be cited as the 'Lupus

Research and Care Amendments of 2000'."

Pub. L. 106-505, title VI, Sec. 601, Nov. 13, 2000, 114 Stat.

2345, provided that: "This title [amending sections 247b-5 and

285a-8 of this title] may be cited as the 'Prostate Cancer Research

and Prevention Act'."

Pub. L. 106-505, title VII, Sec. 701(a), Nov. 13, 2000, 114 Stat.

2346, provided that: "This section [amending section 273 of this

title and enacting provisions set out as a note under section 273

of this title] may be cited as the "Organ Procurement Organization

Certification Act of 2000'."

Pub. L. 106-345, Sec. 1, Oct. 20, 2000, 114 Stat. 1319, provided

that: "This Act [enacting subpart III (Sec. 300ff-38) of part B of

subchapter XXIV of this chapter and sections 247c-2, 300ff-30,

300ff-37a, 300ff-75a, and 300ff-75b of this title, redesignating

subparts II (Sec. 300ff-51 et seq.) and III (Sec. 300ff-61 et seq.)

of part C of subchapter XXIV of this chapter as subparts I and II,

respectively, of part C of subchapter XXIV of this chapter,

amending sections 300ff-12 to 300ff-15, 300ff-21 to 300ff-23,

300ff-26 to 300ff-28, 300ff-33, 300ff-34, 300ff-37, 300ff-53 to

300ff-55, 300ff-61, 300ff-62, 300ff-64, 300ff-71, 300ff-73 to

300ff-75, 300ff-77, and 300ff-111 of this title, repealing former

subpart I (Sec. 300ff-41 et seq.) of part C of subchapter XXIV of

this chapter and sections 300ff-31, 300ff-35, and 300ff-36 of this

title, and enacting provisions set out as notes under sections

300cc, 300ff-11, 300ff-12, and 300ff-111 of this title] may be

cited as the 'Ryan White CARE Act Amendments of 2000'."

Pub. L. 106-310, Sec. 1, Oct. 17, 2000, 114 Stat. 1101, provided

that: "This Act [see Tables for classification] may be cited as the

'Children's Health Act of 2000'."

Pub. L. 106-310, div. B, Sec. 3001, Oct. 17, 2000, 114 Stat.

1168, provided that: "This division [see Tables for classification]

may be cited as the 'Youth Drug and Mental Health Services Act'."

Pub. L. 106-310, div. B, title XXXVI, Sec. 3661, Oct. 17, 2000,

114 Stat. 1241, provided that: "This subtitle [subtitle C (Secs.

3661-3665) of title XXXVI of Pub. L. 106-310, enacting section

290aa-5b of this title and provisions set out as notes under

section 290aa-5b of this title and section 994 of Title 28,

Judiciary and Judicial Procedure] may be cited as the 'Ecstasy

Anti-Proliferation Act of 2000'."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-129, Sec. 1, Dec. 6, 1999, 113 Stat. 1653, provided

that: "This Act [enacting subchapter VII of this chapter and

sections 254c-4 and 256e of this title, amending sections 203,

242b, 242q-1, 286d, 288, 289c-1, 290aa, 300cc-18, 300ff-73,

1320b-12, 11221, and 11261 of this title, enacting provisions set

out as notes under sections 241, 254c, 295k, and 299 of this title,

and amending provisions set out as a note under section 299a of

this title] may be cited as the 'Healthcare Research and Quality

Act of 1999'."

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-392, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3524,

provided that: "This Act [see Tables for classification] may be

cited as the 'Health Professions Education Partnerships Act of

1998'."

Pub. L. 105-392, title I, Sec. 121, Nov. 13, 1998, 112 Stat.

3562, provided that: "This subtitle [subtitle B (Secs. 121-124) of

title I of Pub. L. 105-392, enacting sections 296, 296a to 296f,

296j, 296m, 296p, 297q, and 297t of this title, transferring

section 298b-2 of this title to section 296g of this title,

repealing sections 296k to 296m, 296r, 297, 297-1, 297c, 298, 298a,

298b, 298b-1, 298b-3 to 298b-5, and 298b-7 of this title, and

enacting provisions set out as notes under section 296 of this

title] may be cited as the 'Nursing Education and Practice

Improvement Act of 1998'."

Pub. L. 105-392, title IV, Sec. 419(a), Nov. 13, 1998, 112 Stat.

3591, provided that: "This section [enacting sections 280f to

280f-3 of this title and provisions set out as a note under section

280f of this title] may be cited as the 'Fetal Alcohol Syndrome and

Fetal Alcohol Effect Prevention and Services Act'."

Pub. L. 105-340, Sec. 1, Oct. 31, 1998, 112 Stat. 3191, provided

that: "This Act [enacting sections 285b-7a and 300u-9 of this title

and amending sections 242k, 280e-4, 283a, 284e, 285a-8, 285e-10,

287d, 300k, 300n-4a, 300n-5, and 300u-5 of this title] may be cited

as the 'Women's Health Research and Prevention Amendments of

1998'."

Pub. L. 105-277, div. A, Sec. 101(f) [title IX, Sec. 901], Oct.

21, 1998, 112 Stat. 2681-337, 2681-436, provided that: "This title

[enacting sections 300gg-6 and 300gg-52 of this title and section

1185b of Title 29, Labor, and provisions set out as notes under

sections 300gg-6 and 300gg-52 of this title and section 1185b of

Title 29] may be cited as the 'Women's Health and Cancer Rights Act

of 1998'."

Pub. L. 105-248, Sec. 1, Oct. 9, 1998, 112 Stat. 1864, provided

that: "This Act [amending section 263b of this title] may be cited

as the 'Mammography Quality Standards Reauthorization Act of

1998'."

Pub. L. 105-196, Sec. 1, July 16, 1998, 112 Stat. 631, provided

that: "This Act [enacting sections 274l and 274m of this title,

amending sections 274g and 274k of this title, repealing former

section 274l of this title, and enacting provisions set out as

notes under section 274k of this title] may be cited as the

'National Bone Marrow Registry Reauthorization Act of 1998'."

Pub. L. 105-168, Sec. 1(a), Apr. 21, 1998, 112 Stat. 43, provided

that: "This Act [amending section 247b-4 of this title and enacting

provisions set out as a note under section 247b-4 of this title]

may be cited as the 'Birth Defects Prevention Act of 1998'."

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-78, title VI, Sec. 603(a), Nov. 13, 1997, 111 Stat.

1519, provided that: "This section [enacting section 284f of this

title and provisions set out as a note under section 284f of this

title] may be cited as the 'Morris K. Udall Parkinson's Disease

Research Act of 1997'."

SHORT TITLE OF 1996 AMENDMENTS

Pub. L. 104-299, Sec. 1, Oct. 11, 1996, 110 Stat. 3626, provided

that: "This Act [enacting sections 254b and 254c of this title,

amending sections 233, 256c, 1395x, and 1396d of this title,

repealing sections 256 and 256a of this title, and enacting

provisions set out as notes under sections 233 and 254b of this

title] may be cited as the 'Health Centers Consolidation Act of

1996'."

Pub. L. 104-204, title VI, Sec. 601, Sept. 26, 1996, 110 Stat.

2935, provided that: "This title [enacting sections 300gg-4 and

300gg-51 of this title and section 1185 of Title 29, Labor,

amending sections 300gg-21, 300gg-23, 300gg-44, 300gg-61, and

300gg-62 of this title and sections 1003, 1021, 1022, 1024, 1132,

1136, 1144, 1181, 1191, and 1191a of Title 29, and enacting

provisions set out as notes under section 300gg-4 and 300gg-44 of

this title and section 1003 of Title 29] may be cited as the

'Newborns' and Mothers' Health Protection Act of 1996'."

Pub. L. 104-204, title VII, Sec. 701, Sept. 26, 1996, 110 Stat.

2944, provided that: "This title [enacting section 300gg-5 of this

title and section 1185a of Title 29, Labor, and enacting provisions

set out as notes under section 300gg-5 of this title and section

1185a of Title 29] may be cited as the 'Mental Health Parity Act of

1996'."

Pub. L. 104-191, Sec. 1(a), Aug. 21, 1996, 110 Stat. 1936,

provided that: "This Act [see Tables for classification] may be

cited as the 'Health Insurance Portability and Accountability Act

of 1996'."

Pub. L. 104-182, Sec. 1(a), Aug. 6, 1996, 110 Stat. 1613,

provided that: "This Act [enacting sections 300g-7 to 300g-9,

300h-8, 300j-3c, and 300j-12 to 300j-18 of this title and section

1263a of Title 33, Navigation and Navigable Waters, amending

sections 300f, 300g-1 to 300g-6, 300h, 300h-5 to 300h-7, 300i,

300i-1, 300j to 300j-2, 300j-4 to 300j-8, 300j-11, and 300j-21 to

300j-25 of this title, sections 4701 and 4721 of Title 16,

Conservation, and section 349 of Title 21, Food and Drugs,

repealing section 13551 of this title, enacting provisions set out

as notes under this section, sections 300f, 300g-1, 300j-1, and

300j-12 of this title, section 1281 of Title 33, and section 45 of

former Title 40, Public Buildings, Property, and Works, and

amending provisions set out as a note under this section] may be

cited as the 'Safe Drinking Water Act Amendments of 1996'."

Pub. L. 104-146, Sec. 1, May 20, 1996, 110 Stat. 1346, provided

that: "This Act [enacting sections 300ff-27a, 300ff-31, 300ff-33 to

300ff-37, 300ff-77, 300ff-78, 300ff-101, and 300ff-111 of this

title, amending sections 294n, 300d, 300ff-11 to 300ff-17, 300ff-21

to 300ff-23, 300ff-26 to 300ff-29, 300ff-47 to 300ff-49, 300ff-51,

300ff-52, 300ff-54, 300ff-55, 300ff-64, 300ff-71, 300ff-74,

300ff-76, and 300ff-84 of this title, transferring section 294n of

this title to section 300ff-111 of this title, repealing sections

300ff-18 and 300ff-30 of this title, and enacting provisions set

out as notes under sections 300cc, 300ff-11, and 300ff-33 of this

title and section 4103 of Title 5, Government Organization and

Employees] may be cited as the 'Ryan White CARE Act Amendments of

1996'."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-73, Sec. 1(a), Dec. 26, 1995, 109 Stat. 777, provided

that: "This Act [amending section 233 of this title and enacting

provisions set out as a note under section 233 of this title] may

be cited as the 'Federally Supported Health Centers Assistance Act

of 1995'."

SHORT TITLE OF 1993 AMENDMENTS

Pub. L. 103-183, Sec. 1(a), Dec. 14, 1993, 107 Stat. 2226,

provided that: "This Act [enacting sections 247b-6, 247b-7, 256d,

280b-1a, 285f-2, 300n-4a, and 300u-8 of this title, amending

sections 233, 238j, 242b, 242k, 242l, 242m, 247b, 247b-1, 247b-5,

247c, 247c-1, 254j, 280b, 280b-1, 280b-2, 280b-3, 280e-4, 300d,

300d-2, 300d-3, 300d-12, 300d-13, 300d-16, 300d-22, 300d-31,

300d-32, 300k, 300m, 300n, 300n-1, 300n-4, 300n-5, 300u-5, 300w,

and 300aa-26 of this title, repealing sections 300d-1 and 300d-33

of this title, and enacting provisions set out as notes under

sections 238j, 263b, 285f-2, and 300m of this title] may be cited

as the 'Preventive Health Amendments of 1993'."

Section 1(a) of Pub. L. 103-43 provided that: "This Act [see

Tables for classification] may be cited as the 'National Institutes

of Health Revitalization Act of 1993'."

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-539, Sec. 1, Oct. 27, 1992, 106 Stat. 3547, provided

that: "This Act [enacting section 263b of this title and provisions

set out as a note under section 263b of this title] may be cited as

the 'Mammography Quality Standards Act of 1992'."

Pub. L. 102-531, Sec. 1(a), Oct. 27, 1992, 106 Stat. 3469,

provided that: "This Act [enacting sections 247b-3 to 247b-5,

247c-1, 256c, 280d-11, 300l-1, and 300u-7 of this title, amending

sections 236, 242l, 247b-1, 247d, 254b, 254c, 256, 256a, 280b to

280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 292y, 293j,

293l, 294n, 295j, 295l, 295n, 295o, 296k, 298b-7, 300u, 300u-1,

300u-5, 300w, 300w-3 to 300w-5, 300aa-2, 300aa-15, 300aa-19,

300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17, 300cc-20, 300cc-31,

300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34, 300ff-11 to

300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41, 300ff-43,

300ff-49, 300ff-75, 4841, and 9604 of this title, section 1341 of

Title 15, Trade and Commerce, and section 2001 of Title 25,

Indians, repealing section 297j of this title, enacting provisions

set out as notes under sections 236, 292y, 300e, and 300w-4 of this

title, amending provisions set out as notes under sections 241,

281, and 295k of this title and section 303 of Title 38, Veterans'

Benefits, and repealing provisions set out as notes under section

246 and 300e of this title] may be cited as the 'Preventive Health

Amendments of 1992'."

Pub. L. 102-515, Sec. 1, Oct. 24, 1992, 106 Stat. 3372, provided

that: "This Act [enacting sections 280e to 280e-4 of this title and

provisions set out as a note under section 280e of this title] may

be cited as the 'Cancer Registries Amendment Act'."

Pub. L. 102-501, Sec. 1, Oct. 24, 1992, 106 Stat. 3268, provided

that: "This Act [amending section 233 of this title and enacting

provisions set out as notes under section 233 of this title] may be

cited as the 'Federally Supported Health Centers Assistance Act of

1992'."

Pub. L. 102-493, Sec. 1, Oct. 24, 1992, 106 Stat. 3146, provided

that: "This Act [enacting sections 263a-1 to 263a-7 of this title

and provisions set out as a note under section 263a-1 of this

title] may be cited as the 'Fertility Clinic Success Rate and

Certification Act of 1992'."

Pub. L. 102-410, Sec. 1(a), Oct. 13, 1992, 106 Stat. 2094,

provided that: "This Act [amending sections 299 to 299a-2, 299b to

299b-3, 299c to 299c-3, 299c-5, and 300w-9 of this title and

enacting provisions set out as notes under sections 299a-2, 299b-1,

and 299b-2 of this title] may be cited as the 'Agency for Health

Care Policy and Research Reauthorization Act of 1992'."

Pub. L. 102-409, Sec. 1, Oct. 13, 1992, 106 Stat. 2092, provided

that: "This Act [enacting section 283a of this title] may be cited

as the 'DES Education and Research Amendments of 1992'."

Pub. L. 102-408, Sec. 1(a), Oct. 13, 1992, 106 Stat. 1992,

provided that: "This Act [enacting subchapter V of this chapter and

sections 297n, 298b-7, and 300d-51 of this title, amending sections

242a, 296k to 296m, 296r, 297, 297-1, 297b, 297d, 297e, 298, 298b,

and 298b-6 of this title and section 1078-3 of Title 20, Education,

repealing sections 295g-10a, 297c-1, and 297n of this title,

enacting provisions set out as notes under this section, sections

292, 295j, 295k, 296k, and 297b of this title, section 1078-3 of

Title 20, and section 343-1 of Title 21, Food and Drugs, and

amending provisions set out as a note under section 300x of this

title] may be cited as the 'Health Professions Education Extension

Amendments of 1992'."

Pub. L. 102-408, title II, Sec. 201, Oct. 13, 1992, 106 Stat.

2069, provided that: "This title [enacting sections 297n and 298b-7

of this title, amending sections 296k to 296m, 296r, 297, 297-1,

297b, 297d, 297e, 298, 298b, and 298b-6 of this title, repealing

sections 297c-1 and 297n of this title, and enacting provisions set

out as notes under sections 296k and 297b of this title] may be

referred to as the Nurse Education and Practice Improvement

Amendments of 1992."

Pub. L. 102-352, Sec. 1, Aug. 26, 1992, 106 Stat. 938, provided

that: "This Act [amending sections 285n, 285n-2, 285o, 285o-2,

285p, 290aa-1, 290aa-3, 290cc-21, 290cc-28, 290cc-30, 300x-7,

300x-27, 300x-33, 300x-53, and 300y of this title, enacting

provisions set out as a note under section 285n of this title, and

amending provisions set out as notes under sections 290aa and 300x

of this title] may be cited as the 'Public Health Service Act

Technical Amendments Act'."

Pub. L. 102-321, Sec. 1(a), July 10, 1992, 106 Stat. 323,

provided that: "This Act [see Tables for classification] may be

cited as the 'ADAMHA Reorganization Act'."

SHORT TITLE OF 1991 AMENDMENTS

Pub. L. 102-168, Sec. 1, Nov. 26, 1991, 105 Stat. 1102, provided

that: "This Act [amending sections 300u, 300u-5, 300aa-11,

300aa-12, 300aa-15, 300aa-16, 300aa-19, and 300aa-21 of this title,

enacting provisions set out as a note under section 300aa-11 of

this title, and amending provisions set out as a note under section

300aa-1 of this title] may be cited as the 'Health Information,

Health Promotion, and Vaccine Injury Compensation Amendments of

1991'."

Pub. L. 102-96, Sec. 1, Aug. 14, 1991, 105 Stat. 481, provided

that: "This Act [amending section 300cc-13 of this title and

enacting provisions set out as a note under section 300cc-13 of

this title] may be cited as the 'Terry Beirn Community Based AIDS

Research Initiative Act of 1991'."

SHORT TITLE OF 1990 AMENDMENTS

Pub. L. 101-639, Sec. 1, Nov. 28, 1990, 104 Stat. 4600, provided

that: "This Act [amending sections 290cc-13, 299a, 300x-3, and

300x-10 to 300x-12 of this title] may be cited as the 'Mental

Health Amendments of 1990'."

Pub. L. 101-616, Sec. 1, Nov. 16, 1990, 104 Stat. 3279, provided

that: "This Act [enacting sections 274f, 274g, 274k, and 274l of

this title, amending sections 273 to 274d of this title, enacting

provisions set out as notes under sections 273, 274, and 274k of

this title, and repealing provisions set out as a note under

section 273 of this title] may be cited as the 'Transplant

Amendments Act of 1990'."

Pub. L. 101-613, Sec. 1, Nov. 16, 1990, 104 Stat. 3224, provided

that: "This Act [enacting sections 285g-4 and 290b of this title

and provisions set out as a note under section 285g-4 of this

title] may be cited as the 'National Institutes of Health

Amendments of 1990'."

Pub. L. 101-597, Sec. 1, Nov. 16, 1990, 104 Stat. 3013, provided

that: "This Act [enacting sections 254f-1, 254o-1, and 254r of this

title, amending sections 242a, 254d to 254i, 254k, 254l to 254q-1,

254s, 294h, 294n, 294aa, 295g-1, 296m, 1320c-5, 1395l, 1395u,

1395x, 3505d, and 9840 of this title and section 2123 of Title 10,

Armed Forces, and enacting provisions set out as notes under

sections 242a, 254l-1, and 254o of this title] may be cited as the

'National Health Service Corps Revitalization Amendments of 1990'."

Pub. L. 101-590, Sec. 1, Nov. 16, 1990, 104 Stat. 2915, provided

that: "This Act [enacting subchapter X of this chapter, amending

sections 300w-4 and 300w-9 of this title, and enacting provisions

set out as a note under section 300d of this title] may be cited as

the 'Trauma Care Systems Planning and Development Act of 1990'."

Pub. L. 101-558, Sec. 1, Nov. 15, 1990, 104 Stat. 2772, provided

that: "This Act [amending sections 280b to 280b-3 of this title]

may be cited as the 'Injury Control Act of 1990'."

Pub. L. 101-557, Sec. 1, Nov. 15, 1990, 104 Stat. 2766, provided

that: "This Act [enacting sections 242q to 242q-5 of this title,

amending sections 280c, 280c-2, 280c-3, 280c-5, 285e-2, 285e-3,

300u-6, 300ff-17, 300ff-51, and 300ff-52 of this title and section

4512 of Title 20, Education, and enacting provisions set out as a

note under section 300u-6 of this title] may be cited as the 'Home

Health Care and Alzheimer's Disease Amendments of 1990'."

Pub. L. 101-527, Sec. 1(a), Nov. 6, 1990, 104 Stat. 2311,

provided that: "This Act [enacting sections 254c-1, 254t, 256a,

294bb, 294cc, and 300u-6 of this title, amending sections 242k,

242m, 254b, 254c, 294m, 294o, and 295g-2 of this title, enacting

provisions set out as notes under sections 242k and 300u-6 of this

title, and repealing provisions set out as a note under section

292h of this title] may be cited as the 'Disadvantaged Minority

Health Improvement Act of 1990'."

Pub. L. 101-502, Sec. 1, Nov. 3, 1990, 104 Stat. 1285, provided

that: "This Act [amending sections 207, 247b, 300aa-6, 300aa-11 to

300aa-13, 300aa-15, 300aa-16, 300aa-21, 300ff-13, 300ff-47, and

300ff-49 of this title, section 331 of Title 21, Food and Drugs,

and section 201 of Title 37, Pay and Allowances of the Uniformed

Services, enacting provisions set out as notes under sections

300aa-2, 300aa-11, and 300aa-12 of this title and section 201 of

Title 37, and amending provisions set out as a note under section

300aa-1 of this title] may be cited as the 'Vaccine and

Immunization Amendments of 1990'."

Pub. L. 101-381, Sec. 1, Aug. 18, 1990, 104 Stat. 576, provided

that: "This Act [enacting subchapter XXIV of this chapter,

transferring section 300ee-6 of this title to section 300ff-48 of

this title, amending sections 284a, 286, 287a, 287c-2, 289f,

290aa-3a, 299c-5, 300ff-48, and 300aaa to 300aaa-13 of this title,

and enacting provisions set out as notes under sections 300x-4,

300ff-11, 300ff-46, and 300ff-80 of this title] may be cited as the

'Ryan White Comprehensive AIDS Resources Emergency Act of 1990'."

Pub. L. 101-374, Sec. 1, Aug. 15, 1990, 104 Stat. 456, provided

that: "This Act [amending sections 290aa-12, 290cc-2, and 300x-4 of

this title, enacting provisions set out as notes under sections

289e, 290aa-12, 290cc-2, and 300x-4 of this title, and amending

provisions set out as a note under section 289e of this title] may

be cited as the 'Drug Abuse Treatment Waiting Period Reduction

Amendments of 1990'."

Pub. L. 101-368, Sec. 1, Aug. 15, 1990, 104 Stat. 446, provided

that: "This Act [amending section 247b of this title] may be cited

as the 'Tuberculosis Prevention Amendments of 1990'."

Pub. L. 101-354, Sec. 1, Aug. 10, 1990, 104 Stat. 409, provided

that: "This Act [enacting subchapter XIII of this chapter] may be

cited as the 'Breast and Cervical Cancer Mortality Prevention Act

of 1990'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-93, Sec. 1, Aug. 16, 1989, 103 Stat. 603, provided

that: "This Act [see Tables for classification] may be cited as the

'Drug Abuse Treatment Technical Corrections Act of 1989'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-690, Sec. 2011, Nov. 18, 1988, 102 Stat. 4193,

provided that: "This subtitle [subtitle A (Secs. 2011-2081) of

title II of Pub. L. 100-690, enacting sections 290aa-11 to

290aa-14, 290cc-11 to 290cc-13, 290ff, 300x-1a, 300x-4a, 300x-9a,

and 300x-9b of this title, amending sections 242a, 290aa, 290aa-3,

290aa-6, 290aa-8, 290bb-2, 290cc to 290cc-2, 300x, 300x-1a to

300x-4, 300x-5, 300x-9, and 300x-10 to 300x-12 of this title and

section 484 of former Title 40, Public Buildings, Property, and

Works, repealing sections 300y to 300y-2 of this title, enacting

provisions set out as notes under this section and sections 290aa,

290cc-11, 300x-9a, and 300x-11 of this title, and amending

provisions set out as a note under section 801 of Title 21, Food

and Drugs] may be cited as the 'Comprehensive Alcohol Abuse, Drug

Abuse, and Mental Health Amendments Act of 1988'."

Pub. L. 100-607, Sec. 1(a), Nov. 4, 1988, 102 Stat. 3048,

provided that: "This Act [see Tables for classification] may be

cited as the 'Health Omnibus Programs Extension of 1988'."

Pub. L. 100-607, title I, Sec. 100(a), Nov. 4, 1988, 102 Stat.

3048, provided that: "This title [see Tables for classification]

may be cited as the 'National Institute on Deafness and Other

Communication Disorders and Health Research Extension Act of

1988'."

Pub. L. 100-607, title II, Sec. 200, Nov. 4, 1988, 102 Stat.

3062, provided that: "This title [see Tables for classification]

may be cited as the 'AIDS Amendments of 1988'."

Pub. L. 100-607, title IV, Sec. 401(a), Nov. 4, 1988, 102 Stat.

3114, provided that: "This title [enacting sections 300y-21 to

300y-27 of this title, amending sections 273 to 274e of this title,

and enacting provisions set out as notes under sections 273 and

300y-21 of this title] may be cited as the 'Organ Transplant

Amendments Act of 1988'."

Pub. L. 100-607, title VI, Sec. 601(a), Nov. 4, 1988, 102 Stat.

3122, as amended by Pub. L. 100-690, title II, Sec. 2603(a)(1),

Nov. 18, 1988, 102 Stat. 4234, provided that: "This title [see

Tables for classification] may be cited as the 'Health Professions

Reauthorization Act of 1988'."

Pub. L. 100-607, title VII, Sec. 700(a), Nov. 4, 1988, 102 Stat.

3153, provided that: "This title [enacting sections 296r, 297c-1,

297j, 297n, and 298b-6 of this title, amending sections 210, 294a,

296k, 296l, 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, and

298b-3 of this title, and enacting provisions set out as a note

under section 297d of this title] may be cited as the 'Nursing

Shortage Reduction and Education Extension Act of 1988'."

Pub. L. 100-607, title IX, Sec. 901, Nov. 4, 1988, 102 Stat.

3171, provided that: "This title [enacting section 300ee-6 of this

title and provisions set out as notes under such section] may be

cited as the 'Prison Testing Act of 1988'."

Pub. L. 100-578, Sec. 1, Oct. 31, 1988, 102 Stat. 2903, provided

that: "This Act [amending section 263a of this title and enacting

provisions set out as notes under section 263a of this title] may

be cited as the 'Clinical Laboratory Improvement Amendments of

1988'."

Pub. L. 100-572, Sec. 1, Oct. 31, 1988, 102 Stat. 2884, provided

that: "This Act [enacting sections 247b-1 and 300j-21 to 300j-26 of

this title, and amending section 300j-4 of this title] may be cited

as the 'Lead Contamination Control Act of 1988'."

Pub. L. 100-553, Sec. 1, Oct. 28, 1988, 102 Stat. 2769, provided

that: "This Act [enacting sections 285m to 285m-6 of this title,

amending sections 281 and 285j of this title, and enacting

provisions set out as a note under section 285m of this title]

shall be cited as the 'National Deafness and Other Communication

Disorders Act of 1988'."

Pub. L. 100-517, Sec. 1(a), Oct. 24, 1988, 102 Stat. 2578,

provided that: "This Act [amending sections 300e, 300e-1, 300e-9,

and 300e-10 of this title, enacting provisions set out as notes

under sections 300e, 300e-9, and 1302 of this title, and repealing

provisions set out as notes under section 300e-1 of this title] may

be cited as the 'Health Maintenance Organization Amendments of

1988'."

Pub. L. 100-386, Sec. 1(a), Aug. 10, 1988, 102 Stat. 919,

provided that: "This Act [amending sections 254b and 254c of this

title and enacting provisions set out as a note under section 254b

of this title] may be cited as the 'Community and Migrant Health

Centers Amendments of 1988'."

SHORT TITLE OF 1987 AMENDMENTS

Pub. L. 100-203, title IV, Sec. 4301(a), Dec. 22, 1987, 101 Stat.

1330-221, provided that: "This subtitle [subtitle D (Secs.

4301-4307) of title IV of Pub. L. 100-203, enacting section

300aa-34 of this title, amending sections 300aa-11 to 300aa-13,

300aa-15 to 300aa-17, 300aa-19, 300aa-21 to 300aa-23, 300aa-25 to

300aa-28, and 300aa-31 of this title, repealing section 300aa-18 of

this title, and amending provisions set out as a note under section

300aa-1 of this title] may be cited as the 'Vaccine Compensation

Amendments of 1987'."

Pub. L. 100-177, Sec. 1(a), Dec. 1, 1987, 101 Stat. 986, provided

that: "This Act [enacting sections 254l-1, 254q, and 254q-1 of this

title, amending sections 242a, 242c, 242k, 242m, 242n, 242p, 247b,

254d to 254g, 254h-1, 254k, 254m to 254q, 254r, 295g-8, and 11137

of this title, repealing former section 254q of this title, and

enacting provisions set out as notes under sections 242c, 242k,

242m, 254l-1, 254o, 300aa-2, and 11137 of this title] may be cited

as the 'Public Health Service Amendments of 1987'."

Pub. L. 100-175, title VI, Sec. 601, Nov. 29, 1987, 101 Stat.

979, provided that: "This title [enacting part K (Sec. 280c et

seq.) of subchapter II of this chapter] may be cited as the 'Health

Care Services in the Home Act of 1987'."

Pub. L. 100-97, Sec. 1, Aug. 18, 1987, 101 Stat. 713, provided:

"That this Act [enacting section 295g-8a of this title and

provisions set out as a note under section 295g-8a of this title]

may be cited as the 'Excellence in Minority Health Education and

Care Act'."

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-660, title III, Sec. 301, Nov. 14, 1986, 100 Stat.

3755, provided that: "This title [enacting sections 300aa-1 to

300aa-33 of this title, amending sections 218, 242c, 262, 286, and

289f of this title, redesignating former sections 300aa to 300aa-15

of this title as sections 300cc to 300cc-15 of this title, and

enacting provisions set out as notes under sections 300aa-1 and

300aa-4 of this title] may be cited as the 'National Childhood

Vaccine Injury Act of 1986'."

Pub. L. 99-660, title V, Sec. 501, Nov. 14, 1986, 100 Stat. 3794,

provided that: "This title [enacting sections 300x-10 to 300x-13 of

this title and amending sections 290aa-3 and 300x-4 of this title]

may be cited as the 'State Comprehensive Mental Health Services

Plan Act of 1986'."

Pub. L. 99-660, title VIII, Sec. 801, Nov. 14, 1986, 100 Stat.

3799, provided that: "This title [amending sections 300e-1, 300e-4,

300e-5 to 300e-10, 300e-16, and 300e-17 of this title, repealing

sections 300e-2, 300e-3, and 300e-4a of this title, and enacting

provisions set out as notes under sections 300e, 300e-1, 300e-4,

and 300e-5 of this title] may be cited as the 'Health Maintenance

Organization Amendments of 1986'."

Pub. L. 99-649, Sec. 1, Nov. 10, 1986, 100 Stat. 3633, provided:

"That this Act [enacting sections 280b to 280b-3 of this title and

provisions set out as a note under section 280b of this title] may

be cited as the 'Injury Prevention Act of 1986'."

Pub. L. 99-570, title IV, Sec. 4001(a), Oct. 27, 1986, 100 Stat.

3207-103, provided that: "This subtitle [subtitle A (Secs.

4001-4022) of title IV of Pub. L. 99-570, enacting sections

290aa-3a, 290aa-6 to 290aa-10, and 300y to 300y-2 of this title,

amending sections 218, 241, 290aa to 290aa-3, 290aa-4, 290aa-5,

290bb-1, 290bb-2, 290cc, and 290cc-2 of this title and sections 331

and 350a of Title 21, Food and Drugs, and enacting provisions set

out as notes under sections 290aa-3, 290aa-3a, and 290bb of this

title] may be cited as the 'Alcohol and Drug Abuse Amendments of

1986'."

Pub. L. 99-339, Sec. 1, June 19, 1986, 100 Stat. 642, provided

that: "This Act [enacting sections 300g-6, 300h-5 to 300h-7,

300i-1, and 300j-11 of this title, amending sections 300f, 300g-1

to 300g-5, 300h to 300h-2, 300h-4, 300h-6, 300h-7, 300i, 300j to

300j-4, 300j-7, and 6979a of this title and sections 1261 and 1263

of Title 15, Commerce and Trade, transferring section 6939b to

6979a of this title, and enacting provisions set out as notes under

sections 300g-6 and 300j-1 of this title and section 1261 of Title

15] may be cited as the 'Safe Drinking Water Act Amendments of

1986'."

Pub. L. 99-280, Sec. 1(a), Apr. 24, 1986, 100 Stat. 399, provided

that: "This Act [amending sections 254b and 254c of this title and

repealing sections 300y to 300y-11 of this title] may be cited as

the 'Health Services Amendments Act of 1986'."

SHORT TITLE OF 1985 AMENDMENTS

Pub. L. 99-158, Sec. 1(a), Nov. 20, 1985, 99 Stat. 820, provided

that: "This Act [enacting sections 275, 281 to 283, 284 to 284c,

285 to 285a-5, 285b to 285b-6, 285c to 285c-7, 285d to 285d-7,

285ed to 285e-2, 285f, 285g to 285g-3, 285h, 285i, 285j to 285j-2,

285k, 285l, 286 to 286a-1, 286b to 286b-8, 287 to 287a-1, 287b,

287c to 287c-3, 288 to 288b, and 289 to 289h of this title,

amending sections 217a, 218, 241, 290aa-5, and 300c-12 of this

title, repealing sections 275 to 280a-1, 280b to 280b-2, 280b-4,

280b-5, and 280b-7 to 280b-11 of this title, omitting sections 286c

to 286e, 287d to 287i, 288c, 289, 289c-1 to 289c-3, 289c-4 to

289c-7, 289i to 289k, 289k-2 to 289k-5, and 289l to 289l-8 of this

title, enacting provisions set out as notes under sections 218,

281, 285c, 285e, 285e-2, 285j-1 and 289d of this title, and

repealing provisions set out as a note under section 287i of this

title] may be cited as the 'Health Research Extension Act of

1985'."

Pub. L. 99-129, Sec. 1, Oct. 22, 1985, 99 Stat. 523, provided:

"That this Act [enacting sections 294q-1 to 294q-3 of this title,

amending sections 254l, 292a, 292b, 292h, 292j, 293c, 294a, 294b,

294d, 294e, 294g, 294j, 294m to 294p, 294z, 295f to 295f-2, 295g,

295g-1, 295g-3, 295g-4, 295g-6 to 295g-8, 295g-8b, 295h, 295h-1a to

295h-1c, 296k, 296l, 296m, 297a, 298b-5, and 300aa-14 of this

title, repealing sections 292c, 295 to 295e-5, 295g-2, 295g-5,

295g-8a, and 295g-9 of this title, enacting provisions set out as

notes under sections 254l, 292h, 293c, 294d, 294n, and 300aa-14 of

this title and section 462 of the Appendix to Title 50, War and

National Defense, and amending provisions set out as a note under

section 298b-5 of this title] may be cited as the 'Health

Professions Training Assistance Act of 1985'."

Pub. L. 99-117, Sec. 1(a), Oct. 7, 1985, 99 Stat. 491, provided

that: "this Act [amending sections 207, 210, 213a, 242c, 242n, 243,

246, 247b, 247e, 253, 290aa-3, 300x-4, 300x-5, and 300x-9 of this

title and section 1333 of Title 15, Commerce and Trade, repealing

sections 247, 254a-1, 299 to 299j, 300d-4, 300d-6, and 300aa-4 of

this title, and enacting provisions set out as notes under sections

210, 241, and 242n of this title] may be cited as the 'Health

Services Amendments of 1985'."

Pub. L. 99-92, Sec. 1, Aug. 16, 1985, 99 Stat. 393, provided:

"That this Act [enacting section 297i of this title, transferring

section 296c to section 298b-5 of this title, amending sections

296k to 296m, 297, 297-1, 297a, 297b, 297d, 297e, 298, 298b, and

298b-5 of this title, sections 1332, 1333, 1336, and 1341 of Title

15, Commerce and Trade, and section 6103 of Title 26, Internal

Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j,

297h, and 297j of this title, and enacting provisions set out as

notes under sections 296k and 298b-5 of this title and section 1333

of Title 15] may be cited as the 'Nurse Education Amendments of

1985'."

SHORT TITLE OF 1984 AMENDMENTS

Pub. L. 98-555, Sec. 1(a), Oct. 30, 1984, 98 Stat. 2854, provided

that: "this Act [enacting sections 300w-9 and 300w-10 of this title

and amending sections 247b, 247c, 255, 300, 300w, 300w-4, and

300w-5 of this title] may be cited as the 'Preventive Health

Amendments of 1984'."

Pub. L. 98-551, Sec. 1, Oct. 30, 1984, 98 Stat. 2815, provided:

"That this Act [enacting section 300u-5 of this title, amending

sections 242b, 242c, 242m, 242n, 254r, 300u, and 300u-3 of this

title and sections 360bb and 360ee of Title 21, Food and Drugs, and

repealing sections 300u-5 to 300u-9 of this title] may be cited as

the 'Health Promotion and Disease Prevention Amendments of 1984'."

Pub. L. 98-509, Sec. 1(a), Oct. 19, 1984, 98 Stat. 2353, provided

that: "this Act [enacting sections 290bb-1a, 290cc-1, 290cc-2, and

300x-1a of this title, amending sections 218, 290aa, 290aa-1 to

290aa-3, 290bb, 290bb-2, 290cc, 290dd, 290dd-1, 300x, 300x-1, and

300x-2 to 300x-9 of this title and section 802 of Title 21, Food

and Drugs, repealing sections 1161 to 1165 of Title 21, and

enacting provisions set out as notes under sections 300x and

300x-1a of this title and section 802 of Title 21] may be cited as

the 'Alcohol Abuse, Drug Abuse, and Mental Health Amendments of

1984'."

Pub. L. 98-507, Sec. 1, Oct. 19, 1984, 98 Stat. 2339, provided:

"That this Act [enacting sections 273 to 274e of this title and

provisions set out as notes under section 273 of this title] may be

cited as the 'National Organ Transplant Act'."

SHORT TITLE OF 1983 AMENDMENTS

Pub. L. 98-194, Sec. 1, Dec. 1, 1983, 97 Stat. 1345, provided:

"That this Act [amending section 254g of this title and enacting

provisions set out as notes under section 254g of this title] may

be cited as the 'Rural Health Clinics Act of 1983'."

Pub. L. 98-24, Sec. 1(a), Apr. 26, 1983, 97 Stat. 175, provided

that: "This Act [enacting sections 290aa-4 and 290aa-5 of this

title, transferring sections 219 to 224, 225a to 227, 228 to 229d,

289k-1, 3511, 4551, 4585, 4587, 4588, 4571, 4561, 4581, and 4582 of

this title to sections 300aa to 300aa-5, 300aa-6 to 300aa-8,

300aa-9 to 300aa-14, 290aa-3, 290aa, 290aa-1, 290bb, 290bb-1,

290bb-2, 290dd, 290dd-1, 290dd-2, and 290dd-3 of this title,

respectively, and sections 1173(a), 1174, 1175, 1180, 1191, 1192,

and 1193 of Title 21, Food and Drugs, to sections 290aa-2(e),

290ee-2, 290ee-3, 290ee-1, 290aa-2, 290ee, and 290cc of this title,

respectively, amending sections 218, 278, 289l-4, 290aa to 290aa-2,

290bb to 290bb-2, 290cc, 290dd to 290dd-2, 290ee to 290ee-3, and

4577 of this title and sections 1165, 1173, and 1177 of Title 21,

repealing sections 4552, 4553, and 4586 of this title and sections

1117, 1172, and 1194 of Title 21, enacting provisions set out as a

note under section 290aa of this title, amending provisions set out

as a note under section 4541 of this title, and repealing

provisions set out as a note under section 242 of this title] may

be cited as the 'Alcohol and Drug Abuse Amendments of 1983'."

SHORT TITLE OF 1981 AMENDMENT

Section 940(a) of Pub. L. 97-35 provided that: "This subtitle

[subtitle F (Secs. 940-949) of title IX of Pub. L. 97-35, amending

sections 300e to 300e-4a, 300e-6 to 300e-9, 300e-11, 300e-17, and

300m-6 of this title, repealing sections 300e-13 and 300e-15 of

this title, and enacting provisions set out as notes under sections

300e-9 and 300m-6 of this title] may be cited as the 'Health

Maintenance Organization Amendments of 1981'."

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-538, Sec. 1(a), Dec. 17, 1980, 94 Stat. 3183, provided

that: "this Act [enacting sections 289c-3, 289c-4, 289c-7 of this

title, amending sections 286e, 287c, 287i, 289a, 289c-1, 289c-2,

289c-5, 289c-6, 294a, 294d, 294v, 300k-1, 300l-5, 300m, 300m-3,

300m-6, 300n, and 300n-1 of this title and section 1182 of Title 8,

Aliens and Nationality, repealing sections 289c-3a and 289c-8 and

former sections 289c-3, 289c-4, and 289c-7 of this title, and

enacting provisions set out as notes under sections 289, 300l-5,

and 300m-6 of this title] may be cited as the 'Health Programs

Extension Act of 1980'."

SHORT TITLE OF 1979 AMENDMENTS

Pub. L. 96-142, title I, Sec. 101, Dec. 12, 1979, 93 Stat. 1067,

provided that: "This title [amending sections 295g-9, 300d-1,

300d-3, 300d-5, 300d-6, 300d-8, and 300d-21 of this title and

enacting provisions set out as a note under section 295g-9 of this

title] may be cited as the 'Emergency Medical Services Systems

Amendments of 1979'."

Pub. L. 96-142, title II, Sec. 201, Dec. 12, 1979, 93 Stat. 1070,

provided that: "This title [enacting section 300c-12 and amending

section 300c-11 of this title] may be cited as the 'Sudden Infant

Death Syndrome Amendments of 1979'."

Section 1(a) of Pub. L. 96-79 provided that: "This Act [enacting

sections 300m-6, 300s, 300s-1, 300s-6, and 300t-11 to 300t-14 of

this title, amending this section and sections 246, 300k-1 to

300k-3, 300l to 300l-5, 300m to 300m-5, 300n, 300n-1, 300n-3,

300n-5, 300q, 300q-2, 300r, 300s-3, 300s-5, 300t, 1396b, 2689t, and

4573 of this title and section 1176 of Title 21, Food and Drugs,

repealing sections 300o to 300o-3, 300p to 300p-3, 300q-1, and

former section 300s of this title, redesignating former section

300s-1 as 300s-1a of this title, and enacting provisions set out as

notes under sections 300k-1, 300l, 300l-1, 300l-4, 300l-5, 300m,

300m-6, 300n, 300q, and 300t-11 of this title] may be cited as the

'Health Planning and Resources Development Amendments of 1979'."

Pub. L. 96-76, title I, Sec. 101(a), Sept. 29, 1979, 93 Stat.

579, provided that: "This title [enacting section 297-1 of this

title, amending sections 296, 296d, 296e, 296k to 296m, 297 to

297c, 297e, and 297j of this title, and enacting provisions set out

as notes under sections 296 and 297j of this title] may be cited as

the 'Nurse Training Amendments of 1979'."

Pub. L. 96-76, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 584,

provided that: "This title [amending sections 204, 206, 207, 209,

210-1, 210b, 211, 212, 213a, 215, and 218a of this title and

sections 201, 415, and 1006 of Title 37, Pay and Allowances of the

Uniformed Services, and enacting provisions set out as a note under

section 206 of this title] may be cited as the 'Public Health

Service Administrative Amendments of 1979'."

SHORT TITLE OF 1978 AMENDMENTS

Pub. L. 95-626, Sec. 1(a), Nov. 10, 1978, 92 Stat. 3551, provided

that: "This Act [enacting sections 242p, 247, 247a, 247b-1, 254a-1,

255, 256, 256a, 300a-21 to 300a-29, 300a-41, 300b-6, and 300u-6 to

300u-9 of this title, amending sections 218, 246, 247b, 247c, 247e,

254a, 254b, 254c, 254k, 294t, 294u, 295h-1, 300b, 300b-3, 300c-21,

300c-22, 300d-2, 300d-3, 300d-5, 300d-6, 300e-12, 300e-14a, 300u-5,

1396b, and 4846 of this title, repealing sections 256, 4801, 4811,

4844, and 4845 of this title, enacting provisions set out as notes

under this section and sections 246, 247a, 247c, 254a-1, 254b to

254d, 256, 256a, 289b, 289d, 300a-21, 300d-2, and 300d-3 of this

title, and amending provisions set out as notes under sections 300b

and 1395x of this title] may be cited as the 'Health Services and

Centers Amendments of 1978'."

Pub. L. 95-626, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3551,

provided that: "This part [part A (Secs. 101-107) of title I of

Pub. L. 95-626, enacting section 256a of this title, amending

sections 218, 247e, 254b, 254c, 255, 300e-12, 300e-14a, and 1396b

of this title, repealing section 256 of this title, and enacting

provisions set out as notes under sections 254b, 254c, and 256a of

this title] may be cited as the 'Migrant and Community Health

Centers Amendments of 1978'."

Pub. L. 95-626, title I, Sec. 111, Nov. 10, 1978, 92 Stat. 3562,

provided that: "This part [part B (Secs. 111-116) of title I of

Pub. L. 95-626, enacting sections 254a-1 and 256 of this title,

amending sections 294t and 294u of this title, and enacting

provisions set out as notes under sections 254a-1, 254d, and 256 of

this title] may be cited as the 'Primary Health Care Act of 1978'."

Pub. L. 95-626, title II, Sec. 200, Nov. 10, 1978, 92 Stat. 3570,

provided that: "This title [enacting sections 247, 247a, 255, and

300b-6 of this title, amending sections 246, 247b, 247c, 300b,

300b-3, 300c-21, 300c-22, 300d-2, 300d-3, 300d-5, 300d-6, and 4846

of this title, repealing sections 4801, 4811, 4844, and 4845 of

this title, enacting provisions set out as notes under sections

246, 247a, 247c, 289d, 300d-2, and 300d-3 of this title, and

amending provisions set out as notes under sections 300b and 1395x

of this title] may be cited as the 'Health Services Extension Act

of 1978'."

Pub. L. 95-623, Sec. 1(a), Nov. 9, 1978, 92 Stat. 3443, provided

that: "This Act [enacting sections 229c, 242n, and 4362a of this

title, amending sections 210, 242b, 242c, 242k, 242m, 242o, 289k,

289l-1, 292e, 292h, 292i, 294t, 295f-1, 295f-2, 295g-2, 295g-8,

295h-2, 7411, 7412, 7417, and 7617 of this title, repealing section

280c of this title, enacting provisions set out as a note under

section 242m of this title, and amending provisions set out as

notes under sections 292h, 295h-4, and 296 of this title] may be

cited as the 'Health Services Research, Health Statistics, and

Health Care Technology Act of 1978'."

Pub. L. 95-622, title II, Sec. 201(a), Nov. 9, 1978, 92 Stat.

3420, provided that: "This title [enacting sections 289l-6 to

289l-8 of this title, amending sections, 241, 248, 277, 280b, 281

to 286g, 287a to 287d, 287g, 287i, 289c-6, 289l to 289l-2, 289l-4,

4541, 4573, and 4585 of this title, and enacting provisions set out

as notes under sections 241, 286b, 286f, 289a, and 289l-1 of this

title] may be cited as the 'Biomedical Research and Research

Training Amendments of 1978'."

Pub. L. 95-559, Sec. 1(a), Nov. 1, 1978, 92 Stat. 2131, provided

that: "This Act [enacting sections 300e-4a, 300e-16, and 300e-17 of

this title, amending sections 300e, 300e-1, 300e-3, 300e-4, 300e-5,

300e-7, 300e-8, 300e-9, 300e-11 to 300e-13, 1320a-1, 1396a, and

1396b of this title, and enacting provisions set out as notes under

sections 300e-3, 300e-4, 300e-16, and 1396a of this title] may be

cited as the "Health Maintenance Organization Amendments of 1978'."

SHORT TITLE OF 1977 AMENDMENTS

Pub. L. 95-190, Sec. 1, Nov. 16, 1977, 91 Stat. 1393, provided

that: "This Act [enacting sections 300j-10 and 7625a of this title,

amending sections 300f, 300g-1, 300g-3, 300g-5, 300h, 300h-1, 300j

to 300j-2, 300j-4, 300j-6, 300j-8, 7410, 7411, 7413, 7414, 7416,

7419, 7420, 7426, 7472 to 7475, 7478, 7479, 7502, 7503, 7506, 7521,

7522, 7525, 7541, 7545, 7549, 7602, 7604, 7607, 7623, and 7626 of

this title, enacting provisions set out as notes under section 300f

of this title, and section 5108 of Title 5, Government Organization

and Employees, and amending provisions set out as notes under

sections 300f, 7401, and 7502 of this title] may be cited as the

'Safe Drinking Water Amendments of 1977'."

Section 101 of title I of Pub. L. 95-83 provided that: "This

title [amending this section and sections 242m, 300e-8, 300k-3,

300l to 300l-5, 300m, 300m-2, 300m-4, 300m-5, 300n-3, 300n-5,

300o-1 to 300o-3, 300p, 300p-3, 300q, 300q-2, 300r, 300s-3, 300t,

and 1396b of this title, and enacting provisions set out as a note

under section 1396b of this title] may be cited as the 'Health

Planning and Health Services Research and Statistics Extension Act

of 1977'."

Section 201 of title II of Pub. L. 95-83 provided that: "This

title [amending sections 280b, 286b, 286c, 286d, 286f, 286g, 287c,

287d, 287f, 287h, 287i, and 289l-1 of this title] may be cited as

the 'Biomedical Research Extension Act of 1977'."

Section 301 of title III of Pub. L. 95-83 provided that: "This

title [enacting section 294y-1 of this title, amending sections

210, 246, 247d, 254c, 292g, 292h, 293a, 294d, 294e, 294h, 294i,

294j, 294n, 294r, 294s, 294w, 294z, 295f-1, 295g-1, 295g-9, 295h-5,

295h-5c, 296e, 296m, 297, 300, 300a-1, 300a-2, 300a-3, 300c-11,

300c-21, 300c-22, 701, 2689a to 2689e, 2689h, 2689p, 2689q, 4572,

4573, and 4577 of this title, sections 1101 and 1182 of Title 8,

Aliens and Nationality, sections 1112 and 1176 of Title 21, Food

and Drugs, and section 1614 of Title 25, Indians, enacting

provisions set out as notes under sections 242b, 242l, 294d, 294i,

294n, 294r, 294t, 294y-1, 294z, 295f-1, 295g-1, 295h-5, and 296m of

this title and sections 1101 and 1182 of Title 8, and amending

provisions set out as notes under sections 289k-2, 1395x, and 1396b

of this title] may be cited as the 'Health Services Extension Act

of 1977'."

SHORT TITLE OF 1976 AMENDMENTS

Pub. L. 94-573, Sec. 1(a), Oct. 21, 1976, 90 Stat. 2709, provided

that: "This Act [enacting section 300d-21 of this title, amending

sections 295f-6 and 300d to 300d-9 of this title, enacting

provisions set out as notes under sections 242b, 300d, 300d-7, and

300d-9 of this title, and amending provisions set out as notes

under sections 218, 289c-1, and 289l-1 of this title] may be cited

as the 'Emergency Medical Services Amendments of 1976'."

Pub. L. 94-562, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2645, provided

that: "This Act [enacting sections 289c-3a, 289c-7, and 289c-8 of

this title, amending sections 289c-2, 289c-5, and 289c-6 of this

title, and enacting provisions set out as notes under sections

289a, 289c-3a, and 289c-7 of this title] may be cited as the

'Arthritis, Diabetes, and Digestive Disease Amendments of 1976'."

Section 1(a) of Pub. L. 94-484 provided that: "This Act [enacting

sections 254 to 254k, 292, 292e to 292k, 294 to 294l, 294r to 294z,

294aa, 295f-1, 295g to 295g-8, 295g-10, 295h to 295h-2, and 295h-4

to 295h-7 of this title; renumbering sections 293d as 292a, 293e as

292b, 295h-8 as 292c, 295h-9 as 292d, 293g to 293i as 293d to 293f,

294 to 294c as 294m to 294p, 294e as 294q, 295f-5 as 295f-2, and

295f-6 as 295g-9 of this title; amending this section and sections

234, 244-1, 245a, 246, 247c, 254b, 263c, 292a to 292c, 293 to 293d,

293f, 294g, 294m to 294p, 295e-1 to 295e-4, 295f to 295f-4, 295g,

295g-11, 295g-23, 295h-1 to 295h-3, 297, 300a, 300d, 300d-7, 300f,

300l-1, 300n, and 300s-3 of this title and sections 1101 and 1182

of Title 8, Aliens and Nationality; repealing sections 234, 244-1,

245a, 254b, 292 to 292j, 293f, 294d, 294f, 294g, 295f-1, to 295f-4,

295g, 295g-1, 295g-11, and 295g-21 to 295g-23 of this title;

omitting sections 295h to 295h-2, 295h-3a to 295h-3d, 295h-4,

295h-5, and 295h-7 of this title; and enacting provisions set out

as notes under sections 254d, 292, 292b, 292h, 293, 293f, 294,

294n, 294o, 294q, 294r, 294t, 294z, 295g, 295g-1, 295g-9, 295g-10,

295h, 295h-4, and 300l-1 of this title and section 1182 of Title 8]

may be cited as the 'Health Professions Educational Assistance Act

of 1976'."

Pub. L. 94-460, Sec. 1(a), Oct. 8, 1976, 90 Stat. 1945, provided

that: "This Act [enacting section 300e-15 of this title, amending

sections 242c, 289k-2, 300e, 300e-1 to 300e-11, 300e-13, 300n-1,

1395x note, 1395mm, and 1396b of this title, section 8902 of Title

5, Government Organization and Employees, and section 360d of Title

21, Food and Drugs, and enacting provisions set out as notes under

sections 300e and 1396b of this title] may be cited as the 'Health

Maintenance Organization Amendments of 1976'."

Pub. L. 94-380, Sec. 1, Aug. 12, 1976, 90 Stat. 1113, provided:

"That this Act [amending section 247b of this title and enacting

provisions set out as a note under section 247b of this title] may

be cited as the 'National Swine Flu Immunization Program of 1976'."

Section 101 of title I of Pub. L. 94-317 provided that: "This

title [enacting subchapter XV of this chapter] may be cited as the

'National Consumer Health Information and Health Promotion Act of

1976'."

Section 201 of title II of Pub. L. 94-317 provided that: "This

title [amending sections 243, 247b, 247c, 4801, 4831, and 4841 to

4843 of this title and enacting provisions set out as notes under

sections 247b and 247c of this title] may be cited as the 'Disease

Control Amendments of 1976'."

Pub. L. 94-278, Sec. 1(a), Apr. 22, 1976, 90 Stat. 401, provided

that: "This Act [enacting sections 217a-1, 289l-5, 300b, 300b-1 to

300b-5 of this title and sections 350 and 378 of Title 21, Food and

Drugs, and amending sections 213e, 225a, 234, 241, 247d, 254c, 287,

287a to 287d, 287f to 287i, 289a, 289c-1, 289c-5, 289c-6, 289l-1,

289l-2, 294b, 295g-23, 300c-11, 300l, 300p-3, 300s-1, 6062 and 6064

of this title and sections 321, 333, 334 and 343 of Title 21, and

enacting provisions set out as notes under sections 218, 287,

289c-1, 289c-2, 289l-1, 300b and 6001 of this title and sections

334 and 350 of Title 21] may be cited as the 'Health Research and

Health Services Amendment of 1976'."

Pub. L. 94-278, title IV, Sec. 401, Apr. 22, 1976, 90 Stat. 407,

provided that: "This title [enacting part A of subchapter IX of

this chapter, omitting former Part B of of subchapter IX of this

chapter relating to Cooley's Anemia Programs, redesignating former

Parts C and D of subchapter IX of this chapter as Parts B and C of

subchapter IX of this chapter, respectively, and amending section

300c-11 of this title] may be cited as the 'National Sickle Cell

Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act'."

Pub. L. 94-278, title VI, Sec. 601, Apr. 22, 1976, 90 Stat. 413,

provided that: "This title [amending sections 289a, 289c-1, 289c-5,

and 289c-6 of this title and amending provisions set out as notes

under section 289c-1 of this title] may be cited as the 'National

Arthritis Act Technical Amendments of 1976'."

SHORT TITLE OF 1975 AMENDMENTS

Pub. L. 94-63, title I, Sec. 101, July 29, 1975, 89 Stat. 304,

provided that: "This title [amending section 246 of this title and

enacting provisions set out as a note under section 246 of this

title] may be cited as the 'Special Health Revenue Sharing Act of

1975'."

Pub. L. 94-63, title II, Sec. 201, July 29, 1975, 89 Stat. 306,

provided that: "This title [enacting sections 300a-6a and 300a-8 of

this title, amending sections 300, 300a-1 to 300a-4 of this title,

and repealing section 3505c of this title] may be cited as the

'Family Planning and Population Research Act of 1975'."

Pub. L. 94-63, title IX, Sec. 901(a), July 29, 1975, 89 Stat.

354, provided that: "This title [enacting sections 296j to 296m and

298b-3 of this title, amending sections 296 to 296i, 297 to 297e,

297g to 297h, 298 to 298b-2, 298c, 298c-1 and 298c-7 of this title,

repealing sections 296g, 296i, 297f, 298c-7, and 298c-8 of this

title, and enacting provisions set out as notes under sections 296,

296a, 296d, 296e, 296m, 297, and 297b of this title and former

section 297f of this title] may be cited as the 'Nurse Training Act

of 1975'."

Pub. L. 93-641, Sec. 1, Jan. 4, 1975, 88 Stat. 2225, provided

that: "This Act [enacting subchapter XIII of this chapter amending

section 300e-4 of this title, repealing section 247a of this title,

and enacting provisions set out as notes under sections 217a, 229,

291b, 300l-4, and 300m of this title] may be cited as the 'National

Health Planning and Resources Development Act of 1974'."

SHORT TITLE OF 1974 AMENDMENTS

Pub. L. 93-640, Sec. 1, Jan. 4, 1975, 88 Stat. 2217, provided

that: "This Act [enacting sections 289c-4, 289c-5, and 289c-6 of

this title, amending sections 289a and 289c-1 of this title, and

enacting provisions set out as notes under section 289c-1 of this

title] may be cited as the 'National Arthritis Act of 1974'."

Pub. L. 93-523, Sec. 1, Dec. 16, 1974, 88 Stat. 1660, as amended

by Pub. L. 104-182, title V, Sec. 501(e), Aug. 6, 1996, 110 Stat.

1691, provided that: "This Act [enacting subchapter XII of this

chapter and section 349 of Title 21, Food and Drugs, amending this

section, and enacting provisions set out as a note under section

300f of this title] may be cited as the 'Safe Drinking Water Act of

1974'."

Pub. L. 93-354, Sec. 1, July 23, 1974, 88 Stat. 373, provided

that: "This Act [enacting sections 289c-1a, 289c-2, and 289c-3 of

this title, amending sections 247b and 289c-1 of this title, and

enacting provisions set out as notes under section 289c-2 of this

title] may be cited as the 'National Diabetes Mellitus Research and

Education Act'."

Pub. L. 93-353, Sec. 1(a), July 23, 1974, 88 Stat. 362, provided

that: "This Act [enacting sections 242k, 242m to 242o, and 253b of

this title, renumbering former sections 242i, 242j, 242f, 242d,

242g, and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of

this title, amending sections 236, 242b, 242c, 242l, 244-1, 245a,

280b, 280b-1, 280b-2, 280b-4, 280b-5, and 280b-7 to 280b-9, and

repealing sections 242e, 244, 244a, 245, 247, 280b-3, and 280b-12

of this title, and enacting provisions set out as notes under

sections 242m, 253b, and 280b of this title] may be cited as the

'Health Services Research, Health Statistics, and Medical Libraries

Act of 1974'."

Pub. L. 93-353, title I, Sec. 101, July 23, 1974, 88 Stat. 362,

provided that: "This title [enacting sections 242k, 242m to 242o,

and 253b, renumbering former sections 242i, 242j, 242f, 242d, 242g,

and 242h as sections 235, 236, 242l, 244-1, 245a, and 247d of this

title, amending sections 236, 242b, 242c, 242l, 244-1, and 245a,

repealing sections 242e, 244, 244a, 245, and 247 of this title, and

enacting provisions set out as notes under sections 242m and 253b

of this title] may be cited as the 'Health Services Research and

Evaluation and Health Statistics Act of 1974'."

Pub. L. 93-352, title I, Sec. 101, July 23, 1974, 88 Stat. 358,

provided that: "This title [enacting section 289l-4 of this title,

amending sections 241, 282, 286a, 286b, 286c, 286d, 286g, and 289l

of this title, enacting provisions set out as notes under sections

289l and 289l-1 of this title, and amending provisions set out as a

note under this section] may be cited as the 'National Cancer Act

Amendments of 1974'."

Pub. L. 93-348, title I, Sec. 1, July 12, 1974, 88 Stat. 342,

provided that: "This Act [enacting sections 289l-1 to 289l-3 of

this title, amending sections 218, 241, 242a, 282, 286a, 286b,

287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k, and 300a-7 of

this title, and enacting provisions set out as notes under sections

218, 241, 289l-1, and 289l-3 of this title] may be cited as the

'National Research Act'."

Pub. L. 93-348, title I, Sec. 101, July 12, 1974, 88 Stat. 342,

provided that: "This title [enacting sections 289l-1 and 289l-2 and

amending sections 241, 242a, 282, 286a, 286b, 287a, 287b, 287d,

288a, 289c, 289c-1, 289g, 289k, 295f-3, and 295h-9 of this title]

may be cited as the 'National Research Service Award Act of 1974'."

Pub. L. 93-296, Sec. 1, May 31, 1974, 88 Stat. 184, provided

that: "This Act [enacting Part H of subchapter III of this chapter

and provisions set out as notes under section 289k-2 of this title]

may be cited as the 'Research on Aging Act of 1974'."

Pub. L. 93-270, Sec. 1, Apr. 22, 1974, 88 Stat. 90, provided

that: "This Act [enacting part B of subchapter IX of this chapter,

amending sections 289d and 289g of this title, and enacting

provisions set out as a note under section 289g of this title] may

be cited as the 'Sudden Infant Death Syndrome Act of 1974'."

SHORT TITLE OF 1973 AMENDMENTS

Pub. L. 93-222, Sec. 1, Dec. 29, 1973, 87 Stat. 914, provided in

part that Pub. L. 93-222 [enacting subchapter XI of this chapter

and section 280c of this title, amending section 2001 of this title

and section 172 of Title 12, Bank and Banking, repealing section

763c of Title 33, Navigation and Navigable Waters, enacting

provisions set out as notes under sections 300e and 300e-1 of this

title, amending provisions set out as notes under this section, and

repealing provisions set out as notes under this section and

sections 211a, 212a, and 222 of this title] shall be cited as the

"Health Maintenance Organization Act of 1973."

Pub. L. 93-154, Sec. 1, Nov. 16, 1973, 87 Stat. 594, provided

that: "This Act [enacting subchapter X of this chapter and section

295f-6 of this title, amending sections 295f-2 and 295f-4 of this

title, and enacting provisions set out as a note under this

section] may be cited as the 'Emergency Medical Services Systems

Act of 1973'."

Pub. L. 93-45, Sec. 1, June 18, 1973, 87 Stat. 91, provided that:

"This Act [enacting section 300a-7 of this title, amending sections

242b, 242c, 244-1, 245a, 246, 280b-4, 280b-5 280b-7, 280b-8,

280b-9, 291a, 291j-1, 291j-5, 295h-1, 295h-2, 295h-3a, 299a, 300,

300a-1, 300a-2, 300a-3, 2661, 2671, 2677, 2681, 2687, 2688a, 2688d,

2688j-1, 2688j-2, 2688l, 2688l-1, 2688n-1, 2688o, and 2688u of this

title, and enacting provisions set out as amendment to note

provisions under this section] may be cited as the 'Health Programs

Extension Act of 1973'."

SHORT TITLE OF 1972 AMENDMENTS

Pub. L. 92-585, Sec. 1, Oct. 27, 1972, 86 Stat. 1290, provided

that: "This Act [enacting section 234 of this title, amending

sections 254b and 294a of this title, and enacting provisions set

out as a note under section 246 of this title] may be cited as the

'Emergency Health Personnel Act Amendments of 1972'."

Pub. L. 92-449, Sec. 1, Sept. 30, 1972, 86 Stat. 748, provided

that: "This Act [enacting section 247c of this title, amending

sections 247b and 300 of this title, and enacting provisions set

out as notes under section 247c of this title] may be cited as the

'Communicable Disease Control Amendments Act of 1972'."

Pub. L. 92-449, title II, Sec. 201, Sept. 30, 1972, 86 Stat. 750,

provided that: "This title [enacting section 247c of this title and

provisions set out as notes under section 247c of this title] may

be cited as the 'National Venereal Disease Prevention and Control

Act'."

Pub. L. 92-423, Sec. 1, Sept. 19, 1972, 86 Stat. 679, provided

that: "This Act [enacting sections 287b to 287f and 287i of this

title, amending sections 218, 241, 287, 287a, 287g, and 287h of

this title, and enacting provisions set out as notes under section

287 of this title] may be cited as the 'National Heart, Blood

Vessel, Lung, and Blood Act of 1972'."

SHORT TITLE OF 1971 AMENDMENTS

Pub. L. 92-218, Sec. 1, Dec. 23, 1971, 85 Stat. 778, provided

that: "This Act [enacting sections 286a to 286g and 289l of this

title, amending sections 218, 241, 282, 283, and 284 of this title,

and enacting provisions set out as notes under sections 281, 286,

and 289l of this title] may be cited as 'The National Cancer Act of

1971'."

Pub. L. 92-158, Sec. 1(a), Nov. 18, 1971, 85 Stat. 465, provided

that: "This Act [enacting sections 296h, 296i, 297i, 298b-1, and

298b-2 of this title, amending sections 296, 296a, 296b, 296c,

296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 297f, 298,

298b, 298c, and 298c-7 of this title and enacting provisions set

out as notes under sections 296, 296a, 296d, 296e, 297b, and 298c

of this title] may be cited as the 'Nurse Training Act of 1971'."

Pub. L. 92-157, title I, Sec. 101(a), Nov. 18, 1971, 85 Stat.

431, provided that: "This title [enacting sections 293i, 294g,

295e-1 to 295e-5, 295f-5, 295g-11, 295g-21 to 295g-23, and 3505d of

this title, amending sections 210 to 218, 242i, 254, 276, 277, 280,

280a-1, 292b, 292d to 292f, 292h to 292j, 293 to 293e, 293g, 293h,

294 to 294f, 295f to 295f-4, 295g, 295g-1, 295h-3d, 295h-4, 295h-8,

295h-9, 1857c-6, 1857c-8, 1857f-6c, 1857h-5, and 2676 of this title

and section 346a of Title 21, Food and Drugs, and enacting

provisions set out as notes under section 295h-8 of this title] may

be cited as the 'Comprehensive Health Manpower Training Act of

1971'."

SHORT TITLE OF 1970 AMENDMENTS

Pub. L. 91-623, Sec. 1, Dec. 31, 1970, 84 Stat. 1868, provided:

"That this Act [enacting sections 233 and 254b of this title] may

be cited as the 'Emergency Health Personnel Act of 1970'."

Pub. L. 91-572, Sec. 1, Dec. 24. 1970, 84 Stat. 1504, provided

that: "This Act [enacting sections 300 to 300a-6 and 3505a to 3505c

of this title, amending sections 211a, 212a of this title and

section 763c of Title 33, Navigation and Navigable Waters, and

enacting provisions set out as notes under sections 201, 222, and

300 of this title] may be cited as the 'Family Planning Services

and Population Research Act of 1970'."

Pub. L. 91-519, Sec. 1, Nov. 2, 1970, 84 Stat. 1342, provided

that: "This Act [enacting sections 295h-3a to 295h-3d, 295h-8, and

296h-9 of this title, amending sections 295f-1, 295f-2, 295h to

295h-2, 295h-4, and 295h-7 of this title, repealing section 295h-3

of this title, and enacting provisions set out as notes under

sections 295f-1, 295-f2, and 295h-4 of this title] may be cited as

the 'Health Training Improvement Act of 1970'."

Pub. L. 91-515, title I, Sec. 101, Oct. 30, 1970, 84 Stat. 1297,

provided that: "This title [amending sections 299 to 299g, 299i,

and 299j of this title] may be cited as the 'Heart Disease, Cancer,

Stroke, and Kidney Disease Amendments of 1970'."

Pub. L. 91-464, Sec. 1, Oct. 16, 1970, 84 Stat. 988, provided:

"That this Act [amending section 247b of this title] may be cited

as the 'Communicable Disease Control Amendments of 1970'."

Pub. L. 91-296, Sec. 1(a), June 30, 1970, 84 Stat. 336, provided

that: "This Act [enacting sections 229b, 291j-1 to 291j-10, and

291o-1 of this title, amending sections 291a, 242b, 245a, 246, 291

note, 291b, 291c, 291d, 291e, 291f, 291i, 291k to 291m-1, 291o, and

299a of this title and section 1717 of Title 12, Banks and Banking,

enacting provisions set out as notes under this section and

sections 242, 245a, 246, 291a, 291b, 291c, 291e, 291f, 291o,

295h-6, and 2688p of this title, and repealing sections 295h-6 and

2688p of this title] may be cited as the 'Medical Facilities

Construction and Modernization Amendments of 1970'."

Section 1 of Pub. L. 91-212 provided that: "This Act [enacting

section 280b-12 of this title and amending this section and

sections 276 to 278, 280, 280a-1, 280b, 280b-2 to 280b-9, and

280b-11 of this title] may be cited as the 'Medical Library

Assistance Extension Act of 1970'."

SHORT TITLE OF 1968 AMENDMENTS

Pub. L. 90-574, title IV, Sec. 401, Oct. 15, 1968, 82 Stat. 1011,

provided that: "This title [amending sections 291a and 291b of this

title] may be cited as the 'Hospital and Medical Facilities

Construction and Modernization Assistance Amendments of 1968'."

Pub. L. 90-490, Sec. 1, Aug. 16, 1968, 82 Stat. 773, provided:

"That this Act [enacting sections 294f, 295g-1, 295h-6, 295h-7,

296f, 296g, and 297h of this title, amending sections 242d, 242g,

292b to 292e, 293 to 293d, 294 to 294d, 295f to 295f-4, 295g, 295h

to 295h-3, 296 to 296b, 296d, 296e, 297 to 297f, 298b, 298c, and

298c-1 of this title, omitting sections 298c-2 to 298c-6 of this

title, and enacting provisions set out as notes under sections

292b, 292e, 293 to 293c, 294f, 295f, 295f-2, 295g, 296, 296d, 296f,

and 297a of this title] may be cited as the 'Health Manpower Act of

1968'."

SHORT TITLE OF 1967 AMENDMENTS

Pub. L. 90-174, Sec. 1, Dec. 5, 1967, 81 Stat. 533, provided:

"That this Act [enacting sections 217b, 254a, 263a, and 291m-1 of

this title, amending sections 241, 242, 242b, 243, 244, 246, 249,

251, 293e, 295h-4, and 296e of this title, repealing section 291n

of this title, and enacting provisions set out as notes under this

section and sections 242b, 242c, 246, 263a, and 296e of this title]

may be cited as the 'Partnership for Health Amendments of 1967'."

Pub. L. 90-174, Sec. 5(c), Dec. 5, 1967, 81 Stat. 539, provided

that: "This section [enacting section 263a of this title and

provisions set out as notes under section 263a of this title] may

be cited as the 'Clinical Laboratories Improvement Act of 1967'."

Pub. L. 90-31, Sec. 1, June 24, 1967, 81 Stat. 79, provided:

"That this Act [enacting section 225a of this title and amending

sections 2681, 2684, 2687, 2688a, 2688d, and 2691 of this title]

may be cited as the 'Mental Health Amendments of 1967'."

SHORT TITLE OF 1966 AMENDMENTS

Pub. L. 89-751, Sec. 1, Nov. 3, 1966, 80 Stat. 1222, provided:

"That this Act [enacting sections 295h to 295h-5 and 298c to 298c-8

of this title, amending sections 292b, 294d, 294n to 294p, 296,

297c to 297f, and 298 of this title and section 1717 of Title 12,

Banks and Banking, and enacting provisions set out as notes under

sections 294, 294d, 297c, and 297f of this title] may be cited as

the 'Allied Health Professions Personnel Training Act of 1966'."

Pub. L. 89-749, Sec. 1, Nov. 3, 1966, 80 Stat. 1180, provided:

"That this Act [amending 243, 245a, and 246 of this title,

repealing sections 247a and 247c of this title, and enacting

provisions set out as notes under this section and sections 243 and

245a of this title] may be cited as the 'Comprehensive Health

Planning and Public Health Services Amendments of 1966'."

Pub. L. 89-709, Sec. 1, Nov. 2, 1966, 80 Stat. 1103, provided:

"That this Act [amending sections 293, 293a, 293d, 293e, 294, 294a,

and 294b of this title] may be cited as the 'Veterinary Medical

Education Act of 1966'."

SHORT TITLE OF 1965 AMENDMENTS

Section 1 of Pub. L. 89-291, Oct. 22, 1965, 79 Stat. 1059,

provided that: "This Act [enacting section 280a-1 of this title and

Part J of subchapter II of this chapter and amending section 277 of

this title] may be cited as the 'Medical Library Assistance Act of

1965'."

Pub. L. 89-290, Sec. 1, Oct. 22, 1965, 79 Stat. 1052, provided

that: "This Act [enacting sections 295f to 295f-4 and 295g of this

title and amending sections 293, 293a, 293d, 294 to 294d, 297b, and

298b of this title] may be cited as the 'Health Professions

Educational Assistance Amendments of 1965'."

Pub. L. 89-239, Sec. 1, Oct. 6, 1965, 79 Stat. 926, provided:

"That this Act [enacting sections 299 to 299i of this title,

amending sections 211a and 212a of this title, sections 757, 790,

800 of former Title 5, Executive Departments and Government

Officers and Employees, and section 763c of Title 33, Navigation

and Navigable Waters, and enacting provisions set out as notes

under sections 201, 214, 222, and 249 of this title] may be cited

as the 'Heart Disease, Cancer, and Stroke Amendments of 1965'."

Pub. L. 89-115, Sec. 1, Aug. 9, 1965, 79 Stat. 448, provided:

"That this Act [amending sections 241, 292c, and 292d of this title

and section 2211 of former Title 5, Executive Departments and

Government Officers and Employees, and enacting section 623h of

former Title 5 and provisions set out as a note thereunder] may be

cited as the 'Health Research Facilities Amendments of 1965'."

Pub. L. 89-109, Sec. 1, Aug. 5, 1965, 79 Stat. 435, provided:

"That this Act [amending sections 246, 247a, 247b, and 247d of this

title] may be cited as the 'Community Health Services Extension

Amendments of 1965'."

SHORT TITLE OF 1964 AMENDMENTS

Pub. L. 88-581, Sec. 1, Sept. 4, 1964, 78 Stat. 908, provided:

"That this Act [enacting subchapter VI of this chapter, amending

sections 291c, 291o, 293, 293a, 293e, and 293h of this title, and

enacting provisions set out as notes under sections 201, 211a,

212a, 222, 291c, 293, 293e, and 293h of this title, sections 757,

790, and 800 of former Title 5, Executive Departments and

Government Officers and Employees, and section 763c of Title 33,

Navigation and Navigable Waters] may be cited as the 'Nurse

Training Act of 1964'."

Pub. L. 88-497, Sec. 1, Aug. 27, 1964, 78 Stat. 613, provided

that: "This Act [amending sections 244-1 and 245a of this title]

may be cited as the 'Graduate Public Health Training Amendments of

1964'."

Pub. L. 88-443, Sec. 1, Aug. 18, 1964, 78 Stat. 447, provided

that: "This Act [enacting sections 247c, 291 to 291j, 291k to 291m,

291n, and 291o of this title and enacting provisions set out as

notes under section 291 of this title] may be cited as the

'Hospital and Medical Facilities Amendments of 1964'."

SHORT TITLE OF 1963 AMENDMENT

Pub. L. 88-129, Sec. 1, Sept. 24, 1963, 77 Stat. 164, provided:

"That this Act [enacting sections 292j, 293 to 293h, and 294 to

294e and amending sections 292 to 292b and 292d to 292i of this

title] may be cited as the 'Health Professions Educational

Assistance Act of 1963'."

SHORT TITLE OF 1962 AMENDMENT

Pub. L. 87-868, Sec. 1, Oct. 23, 1962, 76 Stat. 1155, provided

that this Act [enacting section 247b of this title] may be cited as

the "Vaccination Assistance Act of 1962."

SHORT TITLE OF 1961 AMENDMENT

Pub. L. 87-395, Sec. 1, Oct. 5, 1961, 75 Stat. 824, provided:

"That this Act [enacting section 247a of this title, amending

sections 246, 289c, 291i, 291n, 291s, 291t, 291w, and 292c to 292g

of this title, and enacting provisions set out as a note under

section 291s of this title] may be cited as the 'Community Health

Services and Facilities Act of 1961'."

SHORT TITLE OF 1960 AMENDMENT

Section 1 of Pub. L. 86-415, Apr. 8, 1960, 74 Stat. 32, provided:

"That this Act [amending this section and sections 209, 210, 211,

212, 253, and 415 of this title and section 2251 of former Title 5,

Executive Departments and Government Officers and Employees, and

enacting provisions set out as notes under sections 209 and 212 of

this title and section 2253 of former Title 5] may be cited as the

'Public Health Service Commissioned Corps Personnel Act of 1960'."

SHORT TITLE OF 1956 AMENDMENTS

Section 2 of act Aug. 3, 1956, ch. 907, 70 Stat. 962, provided

that: "This Act [enacting part I of subchapter II of this chapter]

may be cited as the 'National Library of Medicine Act'."

Act July 3, 1956, ch. 510, Sec. 1, 70 Stat. 489, provided that:

"This Act [enacting section 246 of this title, amended section 241

of this title, and enacting provisions set out as a note under

section 246 of this title] may be cited as the 'National Health

Survey Act'."

SHORT TITLE OF 1955 AMENDMENT

Joint Res. July 28, 1955, ch. 417, Sec. 1, 69 Stat. 382, provided

that: "This joint resolution [enacting section 242b of this title

and provisions set out as a note under section 242b of this title]

may be cited as the 'Mental Health Study Act of 1955'."

SHORT TITLE OF 1948 AMENDMENTS

Section 1 of act June 24, 1948, provided that: "This Act

[enacting part C of subchapter III of this chapter and amending

this section and sections 210, 218, and 241 of this title] may be

cited as the 'National Dental Research Act'."

Section 1 of act June 16, 1948, provided that: "This Act

[enacting sections 287 to 287c of this title and amending this

section and sections 203, 206, 210, 218, 219, 241, 246, 281, 283,

and 286 of this title] may be cited as the 'National Heart Act'."

SHORT TITLE OF 1946 AMENDMENT

Section 1 of act July 3, 1946, provided: "That this Act [enacting

sections 232 and 242a of this title, amending this section and

sections 209, 210, 215, 218, 219, 241, 244, and 246 of this title,

and enacting provisions set out as a note under this section] may

be cited as the 'National Mental Health Act'."

SHORT TITLE

Section 1 of act July 1, 1944, as amended by acts Aug. 13, 1946,

ch. 958, Sec. 4, 60 Stat. 1049; July 30, 1956, ch. 779, Sec. 3(a),

70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec. 4(a), 78 Stat.

919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(a), 79 Stat. 930; Dec.

24, 1970, Pub. L. 91-572, Sec. 6(a), 84 Stat. 1506; May 16, 1972,

Pub. L. 92-294, Sec. 3(a), 86 Stat. 137; Nov. 16, 1973, Pub. L.

93-154, Sec. 2(b)(1), 87 Stat. 604; Dec. 29, 1973, Pub. L. 93-222,

Sec. 7(a), 87 Stat. 936, provided that: "This Act [enacting this

chapter] may be cited as the 'Public Health Service Act'."

Section 329 of act July 1, 1944, formerly Sec. 310, as added by

Pub. L. 87-692, Sept. 25, 1962, 76 Stat. 592, amended and

renumbered, formerly classified to section 254b of this title, was

popularly known as the "Migrant Health Act".

Section 1400 of title XIV of act July 1, 1944, as added Aug. 6,

1996, Pub. L. 104-182, title V, Sec. 501(e), 110 Stat. 1691,

provided that: "This title [enacting subchapter XII of this

chapter] may be cited as the 'Safe Drinking Water Act'."

RENUMBERING AND REPEAL OF REPEALING ACT

Section 1313, formerly Sec. 611, of act July 1, 1944, renumbered

Sec. 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; Sec.

713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; Sec. 813

by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sec. 913 by

Pub. L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919; Sec. 1013

by Pub. L. 89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931; Sec. 1113

by Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, Sec.

1213 by Pub. L. 92-294, Sec. 3(b), May 16, 1972, 86 Stat. 137; Sec.

1313 by Pub. L. 93-154, Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604,

repealed and amended sections in this title and in Title 8, Aliens

and Nationality, Title 14, Coast Guard, Title 21, Food and Drugs,

Title 24, Hospitals and Asylums, former Title 31, Money and

Finance, Title 33, Navigation and Navigable Waters, former Title

34, Navy, Title 44, Public Printing and Documents, former Title 46,

Shipping, Title 48, Territories and Insular Possessions, and former

Title 49, Transportation, and was itself repealed by Pub. L.

93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.

SAVINGS PROVISION

Section 1314, formerly Sec. 612, of act July 1, 1944, as

renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049;

Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47; July 30, 1956, ch.

779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88-581, Sec.

4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79

Stat. 931; Dec. 24, 1970, Pub. L. 91-572, Sec. 6(b), 84 Stat. 1506;

May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; Nov. 16,

1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat. 604, provided that the

repeal of statutes and parts of statutes by sections 1313, formerly

Sec. 611, of act July 1, 1944, not affect any act done, right

accruing or accrued, or suit or proceeding had or commenced in any

civil cause before such repeal, and was repealed by Pub. L. 93-222,

Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3, of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC3-

CONGRESSIONAL DECLARATION OF PURPOSE FOR COMPREHENSIVE ALCOHOL

ABUSE, DRUG ABUSE, AND MENTAL HEALTH AMENDMENTS ACT OF 1988

Pub. L. 100-690, title II, Sec. 2012, Nov. 18, 1988, 102 Stat.

4193, provided that: "The purposes of this subtitle [subtitle A

(Secs. 2011-2081) of title II of Pub. L. 100-690, see Tables for

classification] with respect to substance abuse are -

"(1) to prevent the transmission of the etiologic agent for

acquired immune deficiency syndrome by ensuring that treatment

services for intravenous drug abuse are available to intravenous

drug abusers;

"(2) to continue the Federal Government's partnership with the

States in the development, maintenance, and improvement of

community-based alcohol and drug abuse programs;

"(3) to provide financial and technical assistance to the

States and communities in their efforts to develop and maintain a

core of prevention services for the purpose of reducing the

incidence of substance abuse and the demand for alcohol and drug

abuse treatment;

"(4) to assist and encourage States in the initiation and

expansion of prevention and treatment services to underserved

populations;

"(5) to increase, to the greatest extent possible, the

availability and quality of treatment services so that treatment

on request may be provided to all individuals desiring to rid

themselves of their substance abuse problem; and

"(6) to increase understanding about the extent of alcohol

abuse and other forms of drug abuse by expanding data collection

activities and supporting research on the comparative cost and

efficacy of substance abuse prevention and treatment services."

PURPOSE OF ACT JULY 3, 1946

Section 2 of act July 3, 1946, provided: "The purpose of this Act

[see Short Title of 1946 Amendment note above] is the improvement

of the mental health of the people of the United States through the

conducting of researches, investigations, experiments, and

demonstrations relating to the cause, diagnosis, and treatment of

psychiatric disorders; assisting and fostering such research

activities by public and private agencies, and promoting the

coordination of all such researches and activities and the useful

application of their results; training personnel in matters

relating to mental health; and developing, and assisting States in

the use of, the most effective methods of prevention, diagnosis,

and treatment of psychiatric disorders."

EXISTING POSITIONS, PROCEDURES, REGULATIONS, FUNDS, APPROPRIATIONS,

AND PROPERTY

Sections 1301 to 1303, formerly Secs. 601 to 603, of act July 1,

1944, as renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60

Stat. 1049; July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept.

3, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965,

Pub. L. 89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L.

91-572, Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294,

Sec. 3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec.

2(b)(2), 87 Stat. 604, related to the effect of this chapter on

existing positions, procedures, regulations, funds, appropriations,

and property, and was repealed by Pub. L. 93-222, Sec. 7(b), Dec.

29, 1973, 87 Stat. 936.

APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES

Section 1304, formerly Sec. 604, of act July 1, 1944, as

renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049;

July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720; Sept. 4, 1964,

Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L.

89-239, Sec. 3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91-572,

Sec. 6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92-294, Sec. 3(b),

86 Stat. 137; Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2), 87 Stat.

604, authorized annual appropriations during World War II and

during period of demobilization to conduct health and sanitation

activities in military, naval, or industrial areas, and was

repealed by Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of section 1004 of act July 1, 1944, the

date July 25, 1947, shall be deemed to be the date of termination

of any state of war theretofore declared by Congress and of the

national emergencies proclaimed by the President on September 8,

1939, and May 27, 1941.

AVAILABILITY OF APPROPRIATIONS

Pub. L. 91-296, title VI, Sec. 601, June 30, 1970, 84 Stat. 353,

as amended Pub. L. 93-45, title IV, Sec. 401(a), June 18, 1973, 87

Stat. 95; Pub. L. 93-352, title I, Sec. 113, July 23, 1974, 88

Stat. 360, provided that: "Notwithstanding any other provision of

law, unless enacted after the enactment of this Act [June 30, 1970]

expressly in limitation of the provisions of this section, funds

appropriated for any fiscal year to carry out any program for which

appropriations are authorized by the Public Health Service Act

(Public Law 410, Seventy-eighth Congress, as amended) [this

chapter] or the Mental Retardation Facilities and Community Mental

Health Centers Construction Act of 1963 (Public Law 88-164, as

amended) [sections 2689 et seq. and 6001 et seq. of this title]

shall remain available for obligation and expenditure until the end

of such fiscal year."

FEDERAL ACCOUNTABILITY

Pub. L. 102-321, title II, Sec. 203(b), July 10, 1992, 106 Stat.

410, provided that: "Any rule or regulation of the Department of

Health and Human Services that is inconsistent with the amendments

made by this Act [see Tables for classification] shall not have any

legal effect, including section 50(e) of part 96 of title 45, Code

of Federal Regulations (45 CFR 96.50(e))."

HAZARDOUS SUBSTANCES

Federal Hazardous Substances Act as not modifying this chapter,

see Pub. L. 86-613, Sec. 18, July 12, 1960, 74 Stat. 380, set out

as a note under section 1261 of Title 15, Commerce and Trade.

-CROSS-

DEFINITION OF "SECRETARY"

Pub. L. 90-574, title V, Sec. 507, Oct. 15, 1968, 82 Stat. 1013,

as amended by Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695,

provided that: "As used in the amendments made by this Act

[enacting sections 229a, 299j, 2688e to 2688q, and 2697a of this

title, amending sections 210g, 242h, 291a, 291b, 299a to 299e,

2693, and 3259 of this title, repealing section 3442 of this title,

and enacting provisions set out as notes under sections 291a,

2688e, 3442 of this title, section 278 of Title 22, Foreign

Relations and Intercourse, and section 3681 of Title 38, Veterans'

Benefits], the term 'Secretary' means the Secretary of Health and

Human Services."

Pub. L. 90-174, Sec. 15, Dec. 5, 1967, 81 Stat. 542, as amended

by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.

695, provided that: "As used in the amendments made by this Act

[enacting sections 217b, 243(c), 251(b), 254a, 263a, and 291m-1 and

amending sections 242b, 242g(c), 246(d)(1), (e), and 296e(c)(1) of

this title] the term 'Secretary' means the Secretary of Health and

Human Services."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 3672.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part A - Administration 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

PART A - ADMINISTRATION

-End-

-CITE-

42 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 202. Administration and supervision of Service

-STATUTE-

The Public Health Service in the Department of Health and Human

Services shall be administered by the Assistant Secretary for

Health under the supervision and direction of the Secretary.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 201, 58 Stat. 683; 1953

Reorg. Plan No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631; Pub. L. 103-43, title XX, Sec. 2008(f), June 10, 1993,

107 Stat. 212.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "Health and Human Services" for

"Health, Education, and Welfare" and "Assistant Secretary for

Health" for "Surgeon General".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20, Education.

-MISC2-

INTERNATIONAL HEALTH ADMINISTRATION

Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated

Surgeon General to perform certain duties under International

Sanitary Regulations of World Health Organization.

REORGANIZATION PLAN NO. 3 OF 1966

EFF. JUNE 25, 1966, 31 F.R. 8855, 80 STAT. 1610

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 25, 1966,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

PUBLIC HEALTH SERVICE

SECTION 1. TRANSFER OF FUNCTIONS

(a) Except as otherwise provided in subsection (b) of this

section, there are hereby transferred to the Secretary of Health,

Education, and Welfare (hereinafter referred to as the Secretary)

all functions of the Public Health Service, of the Surgeon General

of the Public Health Service, and of all other officers and

employees of the Public Health Service, and all functions of all

agencies of or in the Public Health Service.

(b) This section shall not apply to the functions vested by law

in any advisory council, board, or committee of or in the Public

Health Service which is established by law or is required by law to

be established.

SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Secretary may from time to time make such provisions as he

shall deem appropriate authorizing the performance of any of the

functions transferred to him by the provisions of this

reorganization plan by any officer, employee, or agency of the

Public Health Service or of the Department of Health, Education,

and Welfare.

SEC. 3. ABOLITIONS

(a) The following agencies of the Public Health Service are

hereby abolished:

(1) The Bureau of Medical Services, including the office of Chief

of the Bureau of Medical Services.

(2) The Bureau of State Services, including the office of Chief

of the Bureau of State Services.

(3) The agency designated as the National Institutes of Health

(42 U.S.C. 203), including the office of Director of the National

Institutes of Health (42 U.S.C. 206(b)) but excluding the several

research Institutes in the agency designated as the National

Institutes of Health.

(4) The agency designated as the Office of the Surgeon General

(42 U.S.C. 203(1)), together with the office held by the Deputy

Surgeon General (42 U.S.C. 206(a)).

(b) The Secretary shall make such provisions as he shall deem

necessary respecting the winding up of any outstanding affairs of

the agencies abolished by the provisions of this section.

SEC. 4. INCIDENTAL TRANSFERS

As he may deem necessary in order to carry out the provisions of

this reorganization plan, the Secretary may from time to time

effect transfers within the Department of Health, Education, and

Welfare of any of the records, property, personnel and unexpended

balances (available or to be made available) of appropriations,

allocations, and other funds of the Department which relate to

functions affected by this reorganization plan.

[The Secretary and Department of Health, Education, and Welfare

were redesignated the Secretary and Department of Health and Human

Services, respectively, by 20 U.S.C. 3508.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1966, prepared

in accordance with the Reorganization Act of 1949, as amended, and

providing for reorganization of health functions of the Department

of Health, Education, and Welfare.

I

Today we face new challenges and unparalleled opportunities in

the field of health. Building on the progress of the past several

years, we have truly begun to match the achievements of our

medicine to the needs of our people.

The task ahead is immense. As a nation, we will unceasingly

pursue our research and learning, our training and building, our

testing and treatment. But now our concern must also turn to the

organization of our Federal health programs.

As citizens we are entitled to the very best health services our

resources can provide.

As taxpayers, we demand the most efficient and economic health

organizations that can be devised.

I ask the Congress to approve a reorganization plan to bring new

strength to the administration of Federal health programs.

I propose a series of changes in the organization of the Public

Health Service that will bring to all Americans a structure modern

in design, more efficient in operation and better prepared to meet

the great and growing needs of the future. Through such

improvements we can achieve the full promise of the landmark health

legislation enacted by the 89th Congress.

I do not propose these changes lightly. They follow a period of

careful deliberation. For many months the Secretary of Health,

Education, and Welfare, and the Surgeon General have consulted

leading experts in the Nation - physicians, administrators,

scientists, and public health specialists. They have confirmed my

belief that modernization and reorganization of the Public Health

Service are urgently required and long overdue.

II

The Public Health Service is an operating agency of the

Department of Health, Education, and Welfare. It is the principal

arm of the Federal Government in the field of health. Its programs

are among those most vital to our well-being.

Since 1953 more than 50 new programs have been placed in the

Public Health Service. Its budget over the past 12 years has

increased tenfold - from $250 million to $2.4 billion.

Today the organization of the Public Health Service is clearly

obsolete. The requirement that new and expanding programs be

administered through an organizational structure established by law

more than two decades ago stands as a major obstacle to the

fulfillment of our Nation's health goals.

As presently constituted, the Public Health Service is composed

of four major components:

National Institutes of Health.

Bureau of State Services.

Bureau of Medical Services.

Office of the Surgeon General.

Under present law, Public Health Service functions must be assigned

only to these four components.

This structure was designed to provide separate administrative

arrangements for health research, programs of State and local aid,

health services, and executive staff resources. At a time when

these functions could be neatly compartmentalized, the structure

was adequate. But today the situation is different.

Under recent legislation many new programs provide for an

integrated attack on specific disease problems or health hazards in

the environment by combining health services, State and local aid,

and research. Each new program of this type necessarily is assigned

to one of the three operating components of the Public Health

Service. Yet none of these components is intended to administer

programs involving such a variety of approaches.

Our health problems are difficult enough without having them

complicated by outmoded organizational arrangements.

But if we merely take the step of integrating the four agencies

within the Public Health Service we will not go far enough. More is

required.

III

The Department of Health, Education, and Welfare performs major

health or health-related functions which are not carried out

through the Public Health Service, although they are closely

related to its functions. Among these are:

Health insurance for the aged, administered through the Social

Security Administration;

Medical assistance for the needy, administered through the

Welfare Administration;

Regulation of the manufacture, labeling, and distribution of

drugs, carried out through the Food and Drug Administration; and

Grants-in-aid to States for vocational rehabilitation of the

handicapped, administered by the Vocational Rehabilitation

Administration.

Expenditures for health and health-related programs of the

Department administered outside the Public Health Service have

increased from $44 million in 1953 to an estimated $5.4 billion in

1967.

As the head of the Department, the Secretary of Health,

Education, and Welfare is responsible for the Administration and

coordination of all the Department's health functions. He has clear

authority over the programs I have just mentioned.

But today he lacks this essential authority over the Public

Health Service. The functions of that agency are vested in the

Surgeon General and not in the Secretary.

This diffusion of responsibility is unsound and unwise.

To secure the highest possible level of health services for the

American people the Secretary of Health, Education, and Welfare

must be given the authority to establish - and modify as necessary

- the organizational structure for Public Health Service programs.

He must also have the authority to coordinate health functions

throughout the Department. The reorganization plan I propose will

accomplish these purposes. It will provide the Secretary with the

flexibility to create new and responsive organizational

arrangements to keep pace with the changing and dynamic nature of

our health programs.

My views in this respect follow a basic principle of good

government set by the Hoover Commission in 1949 when it recommended

that "the Department head should be given authority to determine

the organization within his Department."

IV

In summary, the reorganization plan would:

Transfer to the Secretary of Health, Education, and Welfare the

functions now vested in the Surgeon General of the Public Health

Service and in its various subordinate units (this transfer will

not affect certain statutory advisory bodies such as the National

Advisory Cancer and Heart Councils);

Abolish the four principal statutory components of the Public

Health Service, including the offices held by their heads (the

Bureau of Medical Services, the Bureau of State Services, the

National Institutes of Health exclusive of its several research

institutes such as the National Cancer and Heart Institutes, and

the Office of the Surgeon General); and

Authorize the Secretary to assign the functions transferred to

him by the plan to officials and entities of the Public Health

Service and to other agencies of the Department as he deems

appropriate.

Thus, the Secretary would be -

Enabled to assure that all health functions of the Department

are carried out as effectively and economically as possible;

Given authority commensurate with his responsibility; and

Made responsible in fact for matters for which he is now, in

any case, held accountable by the President, the Congress, and

the people.

V

I have found, after investigation, that each reorganization

included in the accompanying reorganization plan is necessary to

accomplish one or more of the purposes set forth in section 2(a) of

the Reorganization Act of 1949, as amended.

Should the reorganizations in the accompanying reorganization

plan take effect, they will make possible more effective and

efficient administration of the affected health programs. It is,

however, not practicable at this time to itemize the reductions in

expenditures which may result.

I strongly recommend that the Congress allow the reorganization

plan to become effective.

Lyndon B. Johnson.

The White House, April 25, 1966.

-EXEC-

EXECUTIVE ORDER NO. 10506

Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated

certain functions of the President relating to the Public Health

Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29

F.R. 1637, set out below.

EX. ORD. NO. 11140. DELEGATION OF FUNCTIONS

Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by Section 301 of Title 3

of the United States Code, and as President of the United States,

it is ordered as follows:

Section 1. The Secretary of Health and Human Services is hereby

authorized and empowered, without the approval, ratification, or

other action of the President, to perform the following-described

functions vested in the President under the Public Health Service

Act (58 Stat. 682), as amended [this chapter]:

(a) The authority under Section 203 (42 U.S.C. 204): to appoint

commissioned officers of the Reserve Corps.

(b) The authority under Section 206(b) (42 U.S.C. 207(b)) to

prescribe titles, appropriate to the several grades, for

commissioned officers of the Public Health Service other than

medical officers.

(c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2))

to terminate commissions of officers of the Reserve Corps without

the consent of the officers concerned.

(d) The authority under Section 210(a), (k), and (l) (42 U.S.C.

211(a), (k), and (l)) to make or terminate temporary promotions of

commissioned officers of the Regular Corps and Reserve Corps.

(e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5))

to approve voluntary retirements under that section.

(f) The authority to prescribe regulations under the

following-designated Sections: 207(a), 207(b), 208(e), 210(a),

210(b), 210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a),

218(a), 219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a),

211(b), 211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a),

218a(a), 210-1(a), and 228).

(g) The authority under Sections 321(a) and 364(a) (42 U.S.C.

248(a) and 267(a)) to approve the selection of suitable sites for

and the establishment of additional institutions, hospitals,

stations, grounds, and anchorages; subject, however, to the

approval of the Director of the Office of Management and Budget,

except as he may otherwise provide.

Sec. 2. The Surgeon General is hereby authorized and empowered,

without the approval, ratification, or other action of the

President, to perform the function vested in the President by

Sections 203 and 207(a)(2) of the Public Health Service Act (58

Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or

otherwise, of accepting voluntary resignations of commissioned

officers of the Regular Corps or the Reserve Corps.

Sec. 3. The Secretary of Health and Human Services is hereby

authorized and empowered, without the approval, ratification, or

other action of the President, to exercise the authority vested in

the President by Section 704 of Title 37 of the United States Code

to prescribe regulations.

Sec. 4. The Secretary of Health and Human Services is hereby

authorized to redelegate all or any part of the functions set forth

under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon

General of the Public Health Service or other official of that

Service who is required to be appointed by and with the advice and

consent of the Senate.

Sec. 5. All actions heretofore taken by appropriate authority

with respect to the matters affected by this order and in force at

the time of the issuance of this order, including any regulations

prescribed or approved with respect to such matters, shall, except

as they may be inconsistent with the provisions of this order,

remain in effect until amended, modified, or revoked pursuant to

the authority conferred by this order.

Sec. 6. As used in this order, the term "functions" embraces

duties, powers, responsibilities, authority, or discretion, and the

term "perform" may be construed to mean "exercise".

Sec. 7. (a) Executive Order No. 10506 of December 10, 1953,

entitled "Delegating Certain Functions of the President under the

Public Health Service Act," is hereby superseded.

(b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of

January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952,

and 10497 of October 27, 1953, which prescribed regulations

relating to commissioned officers and employees of the Public

Health Service, are hereby revoked. Nothing in this subsection

shall be deemed to alter or otherwise affect the regulations

prescribed by the Surgeon General (42 CFR Parts 21 and 22) to

replace the regulations prescribed by the orders described in the

preceding sentence.

-End-

-CITE-

42 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 203. Organization of Service

-STATUTE-

The Service shall consist of (1) the Office of the Surgeon

General, (2) the National Institutes of Health, (3) the Bureau of

Medical Services, and (!1) (4) the Bureau of State Services, and

(!2) the Agency for Healthcare Research and Quality. The Secretary

is authorized and directed to assign to the Office of the Surgeon

General,(!3) to the National Institutes of Health, to the Bureau of

Medical Services, and to the Bureau of State Services,

respectively, the several functions of the Service, and to

establish within them such divisions, sections, and other units as

he may find necessary; and from time to time abolish, transfer, and

consolidate divisions, sections, and other units and assign their

functions and personnel in such manner as he may find necessary for

efficient operation of the Service. No division shall be

established, abolished, or transferred, and no divisions shall be

consolidated, except with the approval of the Secretary. The

National Institutes of Health shall be administered as a part of

the field service. The Secretary may delegate to any officer or

employee of the Service such of his powers and duties under this

chapter, except the making of regulations, as he may deem necessary

or expedient.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 202, 58 Stat. 683; June 16,

1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1,

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.

103-43, title XX, Sec. 2008(g), June 10, 1993, 107 Stat. 212; Pub.

L. 106-129, Sec. 2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-129 substituted "Agency for Healthcare

Research and Quality" for "Agency for Health Care Policy and

Research".

1993 - Pub. L. 103-43, Sec. 2008(g)(2), inserted ", and the

Agency for Health Care Policy and Research" in first sentence.

Pub. L. 103-43, Sec. 2008(g)(1), which directed the amendment of

this section by striking "Surgeon General" the second and

subsequent times that such term appears and inserting "Secretary",

was executed by making the substitution before "is authorized and

directed" and before "may delegate to any officer" and by leaving

unchanged "Surgeon General" in the phrase "assign to the Office of

the Surgeon General" in second sentence, to reflect the probable

intent of Congress.

1948 - Act June 16, 1948, substituted "National Institutes of

Health" for "National Institute of Health" in cl. (2).

-TRANS-

TRANSFER OF FUNCTIONS

Bureau of Medical Services, Bureau of State Services, National

Institutes of Health, excluding several research Institutes in

agency, and Office of Surgeon General abolished by section 3 of

Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80

Stat. 1610, and all functions thereof transferred to Secretary of

Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of

1966, set out as a note under section 202 of this title. Secretary

of Health, Education, and Welfare redesignated Secretary of Health

and Human Services by section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare, and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 238e of this title.

-FOOTNOTE-

(!1) So in original. The "and" probably should not appear.

(!2) So in original. Probably should be followed by "(5)".

(!3) See 1993 Amendment note below.

-End-

-CITE-

42 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 204. Commissioned corps; composition; appointment of Regular

and Reserve officers; appointment and status of warrant officers

-STATUTE-

There shall be in the Service a commissioned Regular Corps and,

for the purpose of securing a reserve for duty in the Service in

time of national emergency, a Reserve Corps. All commissioned

officers shall be citizens and shall be appointed without regard to

the civil-service laws and compensated without regard to chapter 51

and subchapter III of chapter 53 of title 5. Commissioned officers

of the Reserve Corps shall be appointed by the President and

commissioned officers of the Regular Corps shall be appointed by

him by and with the advice and consent of the Senate. Commissioned

officers of the Reserve Corps shall at all times be subject to call

to active duty by the Surgeon General, including active duty for

the purpose of training and active duty for the purpose of

determining their fitness for appointment in the Regular Corps.

Warrant officers may be appointed to the Service for the purpose of

providing support to the health and delivery systems maintained by

the Service and any warrant officer appointed to the Service shall

be considered for purposes of this chapter and title 37 to be a

commissioned officer within the commissioned corps of the Service.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 203, 58 Stat. 683; Feb. 28,

1948, ch. 83, Sec. 2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title

XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 96-76, title III, Sec.

302(a), Sept. 29, 1979, 93 Stat. 584.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

"Chapter 51 and subchapter III of chapter 53 of title 5"

substituted in text for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-76 inserted provisions relating to appointment

and status of warrant officers.

1949 - Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

1948 - Act Feb. 28, 1948, struck out provision that all active

service in Reserve Corps, as well as service in Regular Corps,

shall be credited for purpose of promotion in Regular Corps.

REPEALS

Act Oct. 28, 1949, cited as a credit to this section, was

repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,

1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88, which is classified to section 3508(b) of Title 20,

Education.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30,

1964, 29 F.R. 1637, as amended, set out as a note under section 202

of this title.

-MISC2-

OSTEOPATHS AS RESERVE OFFICERS

Section 709 of act July 1, 1944, formerly Sec. 609, renumbered

Sec. 709 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049,

which provided for appointment of osteopaths as reserve officers

until six months after World War II, was repealed by Joint Res.

July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449.

-End-

-CITE-

42 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 205. Appointment and tenure of office of Surgeon General;

reversion in rank

-STATUTE-

The Surgeon General shall be appointed from the Regular Corps for

a four-year term by the President by and with the advice and

consent of the Senate. The Surgeon General shall be appointed from

individuals who (1) are members of the Regular Corps, and (2) have

specialized training or significant experience in public health

programs. Upon the expiration of such term the Surgeon General,

unless reappointed, shall revert to the grade and number in the

Regular or Reserve Corps that he would have occupied had he not

served as Surgeon General.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 204, 58 Stat. 684; Pub. L.

97-25, title III, Sec. 303(a), July 27, 1981, 95 Stat. 145; Pub. L.

97-35, title XXVII, Sec. 2765(b), Aug. 13, 1981, 95 Stat. 932.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 inserted reference to Reserve Corps and

substituted provisions relating to appointment of an individual

from the Regular Corps and with specialized training and

significant experience, for provisions relating to appointment of

an individual sixty-four years of age or older.

Pub. L. 97-25 inserted provision that the President may appoint

to office of Surgeon General an individual who is sixty-four years

of age or older.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 209 of this title.

-End-

-CITE-

42 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 206. Assignment of officers

-STATUTE-

(a) Deputy Surgeon General

The Surgeon General shall assign one commissioned officer from

the Regular Corps to administer the Office of the Surgeon General,

to act as Surgeon General during the absence or disability of the

Surgeon General or in the event of a vacancy in that office, and to

perform such other duties as the Surgeon General may prescribe, and

while so assigned he shall have the title of Deputy Surgeon

General.

(b) Assistant Surgeons General

The Surgeon General shall assign eight commissioned officers from

the Regular Corps to be, respectively, the Director of the National

Institutes of Health, the Chief of the Bureau of State Services,

the Chief of the Bureau of Medical Services, the Chief Medical

Officer of the United States Coast Guard, the Chief Dental Officer

of the Service, the Chief Nurse Officer of the Service, the Chief

Pharmacist Officer of the Service, and the Chief Sanitary

Engineering Officer of the Service, and while so serving they shall

each have the title of Assistant Surgeon General.

(c) Creation of temporary positions as Assistant Surgeons General

(1) The Surgeon General, with the approval of the Secretary, is

authorized to create special temporary positions in the grade of

Assistant Surgeons General when necessary for the proper staffing

of the Service. The Surgeon General may assign officers of either

the Regular Corps or the Reserve Corps to any such temporary

position, and while so serving they shall each have the title of

Assistant Surgeon General.

(2) Except as provided in this paragraph, the number of special

temporary positions created by the Surgeon General under paragraph

(1) shall not on any day exceed 1 per centum of the highest number,

during the ninety days preceding such day, of officers of the

Regular Corps on active duty and officers of the Reserve Corps on

active duty for more than thirty days. If on any day the number of

such special temporary positions exceeds such 1 per centum

limitation, for a period of not more than one year after such day,

the number of such special temporary positions shall be reduced for

purposes of complying with such 1 per centum limitation only by the

resignation, retirement, death, or transfer to a position of a

lower grade, of any officer holding any such temporary position.

(d) Designation of Assistant Surgeon General with respect to

absence, disability, or vacancy in offices of Surgeon General and

Deputy Surgeon General

The Surgeon General shall designate the Assistant Surgeon General

who shall serve as Surgeon General in case of absence or

disability, or vacancy in the offices, of both the Surgeon General

and the Deputy Surgeon General.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 205, 58 Stat. 684; Feb. 28,

1948, ch. 83, Sec. 3, 62 Stat. 39; June 16, 1948, ch. 481, Sec.

6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr.

11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76, title III,

Secs. 302(b), 303, Sept. 29, 1979, 93 Stat. 584.)

-MISC1-

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-76, Sec. 302(b), inserted

provisions relating to assignment of Chief Nurse Officer and Chief

Pharmacist Officer, and substituted "eight" for "six".

Subsec. (c). Pub. L. 96-76, Sec. 303, designated existing

provisions as par. (1), struck out provisions relating to maximum

number of special temporary positions, and added par. (2).

1948 - Subsec. (b). Act June 16, 1948, substituted "National

Institutes of Health" for "National Institute of Health".

Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and

redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1979 AMENDMENT

Section 314 of Pub. L. 96-76 provided that: "The amendments made

by sections 303, 304, 305, 306, 307, and 313 [amending this

section, sections 207, 209, 210b, and 211 of this title, and

sections 201, 415, and 1006 of Title 37, Pay and Allowances of the

Uniformed Services] shall take effect on October 1, 1979."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Office of Surgeon General, together with office held by Deputy

Surgeon General, Bureau of Medical Services, including office of

Chief of Bureau of Medical Services, Bureau of State Services,

including office of Chief of Bureau of State Services, and National

Institutes of Health, including office of Director of National

Institutes of Health, abolished by section 3 of Reorg. Plan No. 3

of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare, by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 207, 210b of this title.

-End-

-CITE-

42 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 207. Grades, ranks, and titles of commissioned corps

-STATUTE-

(a) Grades of commissioned officers

The Surgeon General, during the period of his appointment as

such, shall be of the same grade as the Surgeon General of the

Army; the Deputy Surgeon General and the Chief Medical Officer of

the United States Coast Guard, while assigned as such, shall have

the grade corresponding with the grade of major general; and the

Chief Dental Officer, while assigned as such, shall have the grade

as is prescribed by law for the officer of the Dental Corps

selected and appointed as Assistant Surgeon General of the Army.

During the period of appointment to the position of Assistant

Secretary for Health, a commissioned officer of the Public Health

Service shall have the grade corresponding to the grade of General

of the Army. Assistant Surgeons General, while assigned as such,

shall have the grade corresponding with either the grade of

brigadier general or the grade of major general, as may be

determined by the Secretary after considering the importance of the

duties to be performed: Provided, That the number of Assistant

Surgeons General having a grade higher than that corresponding to

the grade of brigadier general shall at no time exceed one-half of

the number of positions created by subsection (b) of section 206 of

this title or pursuant to subsection (c) of section 206 of this

title. The grades of commissioned officers of the Service shall

correspond with grades of officers of the Army as follows:

(1) Officers of the director grade - colonel;

(2) Officers of the senior grade - lieutenant colonel;

(3) Officers of the full grade - major;

(4) Officers of the senior assistant grade - captain;

(5) Officers of the assistant grade - first lieutenant;

(6) Officers of the junior assistant grade - second lieutenant;

(7) Chief warrant officers of (W-4) grade - chief warrant

officer (W-4);

(8) Chief warrant officers of (W-3) grade - chief warrant

officer (W-3);

(9) Chief warrant officers of (W-2) grade - chief warrant

officer (W-2); and

(10) Warrant officers of (W-1) grade - warrant officer (W-1).

(b) Titles of medical officers

The titles of medical officers of the foregoing grades shall be

respectively (1) medical director, (2) senior surgeon, (3) surgeon,

(4) senior assistant surgeon, (5) assistant surgeon, and (6) junior

assistant surgeon. The President is authorized to prescribe titles,

appropriate to the several grades, for commissioned officers of the

Service other than medical officers. All titles of the officers of

the Reserve Corps shall have the suffix "Reserve."

(c) Repealed. Pub. L. 96-76, title III, Sec. 304(b), Sept. 29,

1979, 93 Stat. 584

(d) Maximum number in grade for each fiscal year

Within the total number of officers of the Regular Corps

authorized by the appropriation Act or Acts for each fiscal year to

be on active duty, the Secretary shall by regulation prescribe the

maximum number of officers authorized to be in each of the grades

from the warrant officer (W-1) grade to the director grade,

inclusive. Such numbers shall be determined after considering the

anticipated needs of the Service during the fiscal year, the funds

available, the number of officers in each grade at the beginning of

the fiscal year, and the anticipated appointments, the anticipated

promotions based on years of service, and the anticipated

retirements during the fiscal year. The number so determined for

any grade for a fiscal year may not exceed the number limitation

(if any) contained in the appropriation Act or Acts for such year.

Such regulations for each fiscal year shall be prescribed as

promptly as possible after the appropriation Act fixing the

authorized strength of the corps for that year, and shall be

subject to amendment only if such authorized strength or such

number limitation is thereafter changed. The maxima established by

such regulations shall not require (apart from action pursuant to

other provisions of this chapter) any officer to be separated from

the Service or reduced in grade.

(e) Exception to grade limitations for officers assigned to

Department of Defense

In computing the maximum number of commissioned officers of the

Public Health Service authorized by law to hold a grade which

corresponds to the grade of brigadier general or major general,

there may be excluded from such computation not more than three

officers who hold such a grade so long as such officers are

assigned to duty and are serving in a policymaking position in the

Department of Defense.

(f) Exception to maximum number limitations for officers assigned

to Department of Defense

In computing the maximum number of commissioned officers of the

Public Health Service authorized by law or administrative

determination to serve on active duty, there may be excluded from

such computation officers who are assigned to duty in the

Department of Defense.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 206, 58 Stat. 684; Feb. 28,

1948, ch. 83, Sec. 4, 62 Stat. 39; Oct. 31, 1951, ch. 653, 65 Stat.

700; July 17, 1952, ch. 931, 66 Stat. 758; 1953 Reorg. Plan No. 1,

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.

87-649, Sec. 11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95-215,

Sec. 8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96-76, title III,

Sec. 304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99-117, Sec. 9,

Oct. 7, 1985, 99 Stat. 494; Pub. L. 101-93, Sec. 5(p), Aug. 16,

1989, 103 Stat. 614; Pub. L. 101-502, Sec. 5(k)(1), Nov. 3, 1990,

104 Stat. 1289; Pub. L. 104-201, div. A, title V, Sec. 582, Sept.

23, 1996, 110 Stat. 2538.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-201 added subsec. (f).

1990 - Subsec. (a). Pub. L. 101-502 inserted after first sentence

"During the period of appointment to the position of Assistant

Secretary for Health, a commissioned officer of the Public Health

Service shall have the grade corresponding to the grade of General

of the Army."

1989 - Subsec. (e). Pub. L. 101-93, which directed the

substitution of "the Department of Defense" for "the office of

Assistant Secretary of Defense for Health Affairs", was executed by

making the substitution for "the office of the Assistant Secretary

of Defense for Health Affairs" as the probable intent of Congress.

1985 - Subsec. (e). Pub. L. 99-117 added subsec. (e).

1979 - Subsec. (a). Pub. L. 96-76, Sec. 304(a), added pars. (7)

to (10).

Subsec. (c). Pub. L. 96-76, Sec. 304(b), struck out subsec. (c)

setting forth the grade and pay and allowances as director for a

commissioned officer below the grade of director assigned to serve

as chief of a division.

Subsec. (d). Pub. L. 96-76, Sec. 304(c), substituted "warrant

officer (W-1)" for "junior assistant".

1977 - Subsec. (b)(6). Pub. L. 95-215 substituted "junior

assistant" for "senior assistant".

1962 - Subsec. (a). Pub. L. 87-649 struck out provisions which

related to pay and allowances.

1952 - Subsec. (a). Act July 17, 1952, provided that the Chief

Medical Officer of the Coast Guard should have the grade, pay, and

allowances of a major general.

1951 - Subsec. (a). Act Oct. 31, 1951, provided equality of

grade, pay, and allowances between the Chief Dental Officer and the

comparable officer in the Army.

1948 - Subsec. (a). Act Feb. 28, 1948, increased grade of Deputy

Surgeon General from brigadier general to major general and

increased grade of certain Assistant Surgeons General from

brigadier general to major general as the Federal Security

Administrator might determine.

Subsecs. (c), (d). Act Feb. 28, 1948, added subsecs. (c) and (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-502 effective Dec. 1, 1990, see section

5(k)(3) of Pub. L. 101-502, set out as a note under section 201 of

Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Office of Surgeon General, together with office held by Deputy

Surgeon General, abolished by section 3 of Reorg. Plan No. 3 of

1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as

amended, set out as a note under section 202 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 210b of this title.

-End-

-CITE-

42 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 208. Repealed. Feb. 28, 1948, ch. 83, Sec. 5(a), 62 Stat. 40

-MISC1-

Section, act July 1, 1944, ch. 373, title II, Sec. 207, 58 Stat.

685, related to establishment of special temporary provisions. See

sections 206(c) and 207(c) of this title.

-End-

-CITE-

42 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 209. Appointment of personnel

-STATUTE-

(a) Original appointments to Regular and Reserve Corps; limitation

on appointment and call to active duty

(1) Except as provided in subsections (b) and (e) of this

section, original appointments to the Regular Corps may be made

only in the warrant officer (W-1), chief warrant officer (W-2),

chief warrant officer (W-3), chief warrant officer (W-4), junior

assistant, assistant, and senior assistant grades and original

appointments to a grade above junior assistant shall be made only

after passage of an examination, given in accordance with

regulations of the President, in one or more of the several

branches of medicine, dentistry, hygiene, sanitary engineering,

pharmacy, psychology, nursing, or related scientific specialties in

the field of public health.

(2) Original appointments to the Reserve Corps may be made to any

grade up to and including the director grade but only after passage

of an examination given in accordance with regulations of the

President. Reserve commissions shall be for an indefinite period

and may be terminated at any time, as the President may direct.

(3) No individual who has attained the age of forty-four shall be

appointed to the Regular Corps, or called to active duty in the

Reserve Corps for a period in excess of one year, unless (A) he has

had a number of years of active service (as defined in section

212(d) of this title) equal to the number of years by which his age

exceeds forty-four, or (B) the Surgeon General determines that he

possesses exceptional qualifications, not readily available

elsewhere in the Commissioned Corps of the Public Health Service,

for the performance of special duties with the Service, or (C) in

the case of an officer of the Reserve Corps, the Commissioned Corps

of the Service has been declared by the President to be a military

service.

(b) Grade and number of original appointments

(1) Not more than 10 per centum of the original appointments to

the Regular Corps authorized to be made during any fiscal year may

be made to grades above that of senior assistant, but no such

appointment (other than an appointment under section 205 of this

title) may be made to a grade above that of director. For the

purpose of this subsection the number of original appointments

authorized to be made during a fiscal year shall be (1) the excess

of the number of officers of the Regular Corps authorized by the

appropriation Act or Acts for such year over the number of officers

on active duty in the Regular Corps on the first day of such year,

plus (2) the number of such officers of the Regular Corps who,

during such fiscal year, have been or will be retired upon

attainment of age sixty-four or have for any other reason ceased to

be on active duty. In determining the number of appointments

authorized by this subsection an appointment shall be deemed to be

made in the fiscal year in which the nomination is transmitted by

the President to the Senate.

(2) In addition to the number of original appointments to the

Regular Corps authorized by paragraph (1) to be made to grades

above that of senior assistant, original appointments authorized to

be made to the Regular Corps in any year may be made to grades

above that of senior assistant, but not above that of director, in

the case of any individual who -

(A)(i) was on active duty in the Reserve Corps on July 1, 1960,

(ii) was on such active duty continuously for not less than one

year immediately prior to such date, and (iii) applies for

appointment to the Regular Corps prior to July 1, 1962; or

(B) does not come within clause (A)(i) and (ii) but was on

active duty in the Reserve Corps continuously for not less than

one year immediately prior to his appointment to the Regular

Corps and has not served on active duty continuously for a

period, occurring after June 30, 1960, of more than three and

one-half years prior to applying for such appointment.

(3) No person shall be appointed pursuant to this subsection

unless he meets standards established in accordance with

regulations of the President.

(c) Issuance of commissions

Commissions evidencing the appointment by the President of

officers of the Regular or Reserve Corps shall be issued by the

Secretary under the seal of the Department of Health and Human

Services.

(d) Date of appointment; credit for service

(1) For purposes of basic pay and for purposes of promotion, any

person appointed under subsection (a) of this section to the grade

of senior assistant in the Regular Corps, and any person appointed

under subsection (b) of this section, shall, except as provided in

paragraphs (2) and (3) of this subsection, be considered as having

had on the date of appointment the following length of service:

Three years if appointed to the senior assistant grade, ten years

if appointed to the full grade, seventeen years if appointed to the

senior grade, and eighteen years if appointed to the director

grade.

(2) For purposes of basic pay, any person appointed under

subsection (a) of this section to the grade of senior assistant in

the Regular Corps, and any person appointed under subsection (b) of

this section, shall, in lieu of the credit provided in paragraph

(1) of this subsection, be credited with the service for which he

is entitled to credit under any other provision of law if such

service exceeds that to which he would be entitled under such

paragraph.

(3) For purposes of promotion, any person originally appointed in

the Regular Corps to the senior assistant grade or above who has

had active service in the Reserve Corps shall be considered as

having had on the date of appointment the length of service

provided for in paragraph (1) of this subsection, plus whichever of

the following is greater: (A) The excess of his total active

service in the Reserve Corps (above the grade of junior assistant)

over the length of service provided in such paragraph, to the

extent that such excess is on account of service in the Reserve

Corps in or above the grade to which he is appointed in the Regular

Corps or (B) his active service in the same or any higher grade in

the Reserve Corps after the first day on which, under regulations

in effect on the date of his appointment to the Regular Corps, he

would have had the training and experience necessary for such

appointment.

(4) For purposes of promotion, any person whose original

appointment is to the assistant grade in the Regular Corps shall be

considered as having had on the date of appointment service equal

to his total active service in the Reserve Corps in and above the

assistant grade.

(e) Reappointment; credit for service

(1) A former officer of the Regular Corps may, if application for

appointment is made within two years after the date of the

termination of his prior commission in the Regular Corps, be

reappointed to the Regular Corps without examination, except as the

Surgeon General may otherwise prescribe, and without regard to the

numerical limitations of subsection (b) of this section.

(2) Reappointments pursuant to this subsection may be made to the

permanent grade held by the former officer at the time of the

termination of his prior commission, or to the next higher grade if

such officer meets the eligibility requirements prescribed by

regulation for original appointment to such higher grade. For

purposes of pay, promotion, and seniority in grade, such

reappointed officer shall receive the credits for service to which

he would be entitled if such appointment were an original

appointment, but in no event less than the credits he held at the

time his prior commission was terminated, except that if such

officer is reappointed to the next higher grade he shall receive no

credit for seniority in grade.

(3) No former officer shall be reappointed pursuant to this

subsection unless he shall meet such standards as the Secretary may

prescribe.

(f) Special consultants

In accordance with regulations, special consultants may be

employed to assist and advise in the operations of the Service.

Such consultants may be appointed without regard to the

civil-service laws.

(g) Designation for fellowships; duties; pay

In accordance with regulations, individual scientists, other than

commissioned officers of the Service, may be designated by the

Surgeon General to receive fellowships, appointed for duty with the

Service without regard to the civil-service laws, may hold their

fellowships under conditions prescribed therein, and may be

assigned for studies or investigations either in this country or

abroad during the terms of their fellowships.

(h) Aliens

Persons who are not citizens may be employed as consultants

pursuant to subsection (f) of this section and may be appointed to

fellowships pursuant to subsection (g) of this section. Unless

otherwise specifically provided, any prohibition in any other Act

against the employment of aliens, or against the payment of

compensation to them, shall not be applicable in the case of

persons employed or appointed pursuant to such subsections.

(i) Civil service appointments by Secretary

The appointment of any officer or employee of the Service made in

accordance with the civil-service laws shall be made by the

Secretary, and may be made effective as of the date on which such

officer or employee enters upon duty.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 207, formerly Sec. 208, 58

Stat. 685; July 3, 1946, ch. 538, Sec. 4, 60 Stat. 421; Aug. 13,

1946, ch. 958, Sec. 3, 60 Stat. 1049; renumbered Sec. 207 and

amended Feb. 28, 1948, ch. 83, Sec. 5(a)-(d), 62 Stat. 40; Oct. 12,

1949, ch. 681, title V, Sec. 521(a), 63 Stat. 834; 1953 Reorg. Plan

No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;

Apr. 27, 1956, ch. 211, Sec. 3(a)-(c)(1), 70 Stat. 116; Pub. L.

86-415, Secs. 2, 3, Apr. 8, 1960, 74 Stat. 32; Pub. L. 96-76, title

III, Sec. 305, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35, title

XXVII, Sec. 2765(c), Aug. 13, 1981, 95 Stat. 933; Pub. L. 97-414,

Sec. 8(a), Jan. 4, 1983, 96 Stat. 2060.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsecs. (f), (g), and

(i), are set out in Title 5, Government Organization and Employees.

See, particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (f), the words "and their compensation may be fixed

without regard to the Classification Act of 1923, as amended", and

in subsec. (g), the words "and compensated without regard to the

Classification Act of 1923, as amended" were omitted as obsolete.

Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat.

972, 973, repealed the 1923 Act and all laws or parts of laws

inconsistent with the 1949 Act. While section 1106(a) of the 1949

Act provided that references in other laws to the 1923 Act should

be held and considered to mean the 1949 Act, it did not have the

effect of continuing the exceptions contained in subsecs. (f) and

(g) because of section 1106(b) which provided that the application

of the 1949 Act to any position, officer, or employee shall not be

affected by section 1106(a). The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632

(of which section 1 revised and enacted Title 5, Government

Organization and Employees, into law). Section 5102 of Title 5

contains the applicability provisions of the 1949 Act, and section

5103 of Title 5 authorizes the Office of Personnel Management to

determine the applicability to specific positions and employees.

In subsec. (h), the references to subsections (f) and (g) of this

section were, in the original, references to subsections (e) and

(f) and were changed to reflect the probable intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 207 of act July 1, 1944, was classified to

section 208 of this title, prior to repeal by act Feb. 28, 1948,

ch. 83, Sec. 5(a), 62 Stat. 40.

AMENDMENTS

1983 - Subsec. (a)(1). Pub. L. 97-414 inserted "psychology,"

after "pharmacy,".

1981 - Subsec. (b)(1). Pub. L. 97-35 inserted provisions relating

to exception for an appointment under section 205 of this title.

1979 - Subsec. (a)(1). Pub. L. 96-76 inserted applicability to

warrant officers and chief warrant officers.

1960 - Subsec. (a)(3). Pub. L. 86-415, Sec. 2, added par. (3).

Subsec. (b). Pub. L. 86-415, Sec. 3, designated first, second and

third sentences as par. (1), fourth sentence as par. (3), and added

par. (2).

1956 - Subsec. (a)(1). Act Apr. 27, 1956, Sec. 3(a), inserted

reference to subsection (e) of this section.

Subsec. (a)(2). Act Apr. 27, 1956, Sec. 3(c)(1), substituted "an

indefinite period" for "a period of not more than five years".

Subsecs. (e) to (i). Act Apr. 27, 1956, Sec. 3(b), added subsec.

(e) and redesignated former subsecs. (e) to (h) as (f) to (i),

respectively.

1949 - Subsec. (d). Act Oct. 12, 1949, substituted "base pay" for

"pay and pay period" wherever appearing.

1948 - Subsec. (a)(1). Act Feb. 28, 1948, struck out "surgery"

after "several branches of medicine".

Subsec. (a)(2). Act Feb. 28, 1948, struck out "any such

commission" before "may be terminated", and "in his discretion"

after "at any time".

Subsec. (b). Act Feb. 28, 1948, provided for grade and number of

original appointments.

Subsecs. (c) to (f). Act Feb. 28, 1948, added subsecs. (c) and

(d) and redesignated former subsecs. (c) and (d) as (e) and (f),

respectively. Former subsecs. (e) and (f) redesignated (g) and (h).

Subsec. (g). Act Feb. 28, 1948, redesignated former subsec. (e)

as (g) and changed reference in text from "subsection (c) of this

section" to "subsection (e) of this section", and "subsection (d)

of this section" to "subsection (g) of this section".

Subsec. (h). Act Feb. 28, 1948, redesignated former subsec. (f)

as (h).

1946 - Subsec. (b). Act July 3, 1946, authorized appointment of

additional officers to grades above that of senior assistant but

not above that of director, and limits the number so appointed to

20.

Subsec. (b)(2). Act Aug. 13, 1946, inserted "(A)" before "to

assist", substituted "clause" for "paragraphs", and inserted cl.

(B).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 8(a) of Pub. L. 86-415 provided that: "The amendments

made by sections 2 and 5(b) [amending this section and section 210

of this title] shall become effective July 1, 1960."

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30,

1964, 29 F.R. 1637, as amended, set out as a note under section 202

of this title.

-MISC2-

TERM OF RESERVE COMMISSIONS IN EFFECT ON APRIL 27, 1956

Section 3(c)(2) of act Apr. 27, 1956, provided that: "The

enactment of paragraph (1) of this subsection [amending subsec.

(a)(2) of this section] shall not affect the term of the commission

of any officer in the Reserve Corps in effect on the date of such

enactment [Apr. 27, 1956] unless such officer consents in writing

to the extension of his commission for an indefinite period, in

which event his commission shall be so extended without the

necessity of a new appointment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 210, 210b of this title;

title 10 section 2130a.

-End-

-CITE-

42 USC Secs. 209a, 209b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Secs. 209a, 209b. Omitted

-COD-

CODIFICATION

Section 209a, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 856,

which related to number of regular commissioned nurses to be

appointed, their grades, and their length of service for purposes

of pay and pay periods, was not repeated in subsequent

appropriation acts.

Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857,

which authorized appointment of fifty additional regular

commissioned officers of which twenty-four were to be in grades

above that of senior assistant, was not repeated in subsequent

appropriation acts.

-End-

-CITE-

42 USC Sec. 209c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 209c. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76

Stat. 499

-MISC1-

Section, act July 3, 1945, ch. 263, title II, 59 Stat. 370,

provided that for purposes of pay and pay period officers appointed

to grades above that of senior assistant pursuant to section 209b

of this title shall be considered as having had on date of

appointment service equal to that of junior officer of grade to

which appointed.

-End-

-CITE-

42 USC Sec. 209d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 209d. Appointment of osteopaths as commissioned officers

-STATUTE-

Graduates of colleges of osteopathy whose graduates are eligible

for licensure to practice medicine or osteopathy in a majority of

the States of the United States, or approved by a body or bodies

acceptable to the Secretary, shall be eligible, subject to the

other provisions of this Act, for appointment as commissioned

medical officers in the Public Health Service.

-SOURCE-

(Feb. 28, 1948, ch. 83, Sec. 5(b), 62 Stat. 40; 1953 Reorg. Plan

No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62

Stat. 38. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Section was not enacted as a part of the Public Health Service

Act which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-End-

-CITE-

42 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 210. Pay and allowances

-STATUTE-

(a) Commissioned officers of Regular and Reserve Corps; special pay

for active duty; incentive special pay for Public Health Service

nurses

(1) Commissioned officers of the Regular and Reserve Corps shall

be entitled to receive such pay and allowances as are now or may

hereafter be authorized by law.

(2) For provisions relating to the receipt of special pay by

commissioned officers of the Regular and Reserve Corps while on

active duty, see section 303a(b) of title 37.

(b) Purchase of supplies

Commissioned officers on active duty and retired officers

entitled to retired pay pursuant to section 211(g)(3), 212, or

213a(a) of this title, shall be permitted to purchase supplies from

the Army, Navy, Air Force, and Marine Corps at the same price as is

charged officers thereof.

(c) Members of national advisory or review councils or committees

Members of the National Advisory Health Council and members of

other national advisory or review councils or committees

established under this chapter, including members of the Technical

Electronic Product Radiation Safety Standards Committee and the

Board of Regents of the National Library of Medicine, but excluding

ex officio members, while attending conferences or meetings of

their respective councils or committees or while otherwise serving

at the request of the Secretary, shall be entitled to receive

compensation at rates to be fixed by the Secretary, but at rates

not exceeding the daily equivalent of the rate specified at the

time of such service for grade GS-18 of the General Schedule,

including traveltime; and while away from their homes or regular

places of business they may be allowed travel expenses, including

per diem in lieu of subsistence, as authorized by section 5703 of

title 5 for persons in the Government service employed

intermittently.

(d) Field employees

Field employees of the Service, except those employed on a per

diem or fee basis, who render part-time duty and are also subject

to call at any time for services not contemplated in their regular

part-time employment, may be paid annual compensation for such

part-time duty and, in addition, such fees for such other services

as the Surgeon General may determine; but in no case shall the

total paid to any such employee for any fiscal year exceed the

amount of the minimum annual salary rate of the classification

grade of the employee.

(e) Additional pay for service at Gillis W. Long Hansen's Disease

Center

Any civilian employee of the Service who is employed at the

Gillis W. Long Hansen's Disease Center on April 7, 1986, shall be

entitled to receive, in addition to any compensation to which the

employee may otherwise be entitled and for so long as the employee

remains employed at the Center, an amount equal to one-fourth of

such compensation.

(f) Allowances included in fellowships

Individuals appointed under section 209(g) of this title shall

have included in their fellowships such stipends or allowances,

including travel and subsistence expenses, as the Surgeon General

may deem necessary to procure qualified fellows.

(g) Positions in professional, scientific and executive service;

compensation; appointment

The Secretary is authorized to establish and fix the compensation

for, within the Public Health Service, not more than one hundred

and seventy-nine positions, of which not less than one hundred and

fifteen shall be for the National Institutes of Health, not less

than five shall be for the National Institute on Alcohol Abuse and

Alcoholism for individuals engaged in research on alcohol abuse and

alcoholism, not less than ten shall be for the National Center for

Health Services Research, not less than twelve shall be for the

National Center for Health Statistics, and not less than seven

shall be for the National Center for Health Care Technology, in the

professional, scientific, and executive service, each position

being established to effectuate those research and development

activities of the Public Health Service which require the services

of specially qualified scientific, professional and administrative

personnel: Provided, That the rates of compensation for positions

established pursuant to the provisions of this subsection shall not

be less than the minimum rate of grade 16 of the General Schedule

nor more than (1) the highest rate of grade 18 of the General

Schedule, or (2) in the case of two such positions, the rate

specified, at the time the service in the position is performed,

for level II of the Executive Schedule (5 U.S.C. 5313); and such

rates of compensation for all positions included in this proviso

shall be subject to the approval of the Director of the Office of

Personnel Management. Positions created pursuant to this subsection

shall be included in the classified civil service of the United

States, but appointments to such positions shall be made without

competitive examination upon approval of the proposed appointee's

qualifications by the Director of the Office of Personnel

Management or such officers or agents as it may designate for this

purpose.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 208, formerly Sec. 209, 58

Stat. 686; July 3, 1946, ch. 538, Sec. 5(a), 60 Stat. 422;

renumbered Sec. 208 and amended Feb. 28, 1948, ch. 83, Sec. 5(a),

(g), (h), 62 Stat. 40; June 16, 1948, ch. 481, Sec. 4(d), 62 Stat.

467; June 24, 1948, ch. 621, Sec. 4(d), 62 Stat. 601; Oct. 12,

1949, ch. 681, title V, Sec. 521(b), 63 Stat. 834; Aug. 9, 1950,

ch. 654, Sec. 1, 64 Stat. 426; Aug. 15, 1950, ch. 714, Secs. 3(e),

4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, Secs. 5, 8 eff. Apr.

11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title

II, Sec. 201, 69 Stat. 407; June 29, 1956, ch. 477, title II, Sec.

201, 70 Stat. 430; July 31, 1956, ch. 804, title I, Sec. 117(b), 70

Stat. 741; Pub. L. 85-462, Sec. 12(e), June 20, 1958, 72 Stat. 214;

Pub. L. 85-929, Sec. 9, Sept. 6, 1958, 72 Stat. 1789; Pub. L.

86-415, Sec. 5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86-703, title

II, Sec. 201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87-649, Secs.

11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87-793, Sec.

1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III,

Sec. 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90-574, title V,

Sec. 501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91-515, title VI,

Sec. 601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92-157, title

III, Sec. 301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95-83, title

III, Sec. 312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95-623, Sec.

11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, Sec.

102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.

96-32, Sec. 7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96-398, title

VIII, Sec. 805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99-117, Sec.

3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99-272, title XVII, Sec.

17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100-607,

title VII, Sec. 706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106-398,

Sec. 1 [[div. A], title VI, Sec. 634(b)], Oct. 30, 2000, 114 Stat.

1654, 1654A-159.)

-REFTEXT-

REFERENCES IN TEXT

Classified civil service, referred to in subsec. (g), as meaning

"competitive service", see section 2102(c) of Title 5, Government

Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 208 of act July 1, 1944, was renumbered section

207 and is classified to section 209 of this title.

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-398 added par. (2) and struck

out former par. (2) which read as follows:

"(2)(A) Except as provided in subparagraph (B), commissioned

medical and dental officers in the Regular and Reserve Corps shall

while on active duty be paid special pay in the same amounts as,

and under the same terms and conditions which apply to, the special

pay now or hereafter paid to commissioned medical and dental

officers of the Armed Forces under chapter 5 of title 37.

"(B) A commissioned medical officer in the Regular or Reserve

Corps (other than an officer serving in the Indian Health Service)

may not receive additional special pay under section 302(a)(4) of

title 37 for any period during which the officer is providing

obligated service under (i) section 254m of this title, (ii)

section 234(e) of this title (as such section was in effect prior

to October 1, 1977), or (iii) section 294u of this title (as such

section was in effect between October 1, 1977, and August 13,

1981)."

Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

634(b)(1)], struck out par. (3) which read as follows:

"Commissioned nurse officers in the Regular and Reserve Corps

shall, while in active duty, be paid incentive special pay in the

same amounts as, and under the same terms and conditions which

apply to, the incentive special pay now or hereafter paid to

commissioned nurse officers of the Armed Forces under chapter 5 of

title 37."

1988 - Subsec. (a)(3). Pub. L. 100-607 added par. (3).

1986 - Subsec. (a)(2)(B). Pub. L. 99-272, Sec. 17002(a)(1),

inserted "(other than an officer serving in the Indian Health

Service)".

Subsec. (e). Pub. L. 99-272, Sec. 17002(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

"Whenever any noncommissioned officer or other employee of the

Service is assigned for duty which the Surgeon General finds

requires intimate contact with persons afflicted with leprosy, he

may be entitled to receive, as provided by regulations of the

President, in addition to any pay or compensation to which he may

otherwise be entitled, not more than one-half of such pay or

compensation."

1985 - Subsec. (a)(2). Pub. L. 99-117 substituted "(A) Except as

provided in subparagraph (B), commissioned" for "Commissioned", and

added subpar. (B).

1980 - Subsec. (a). Pub. L. 96-398 redesignated existing

provisions as par. (1) and added par. (2).

1979 - Subsec. (c). Pub. L. 96-32 substituted "section 5703 of

title 5" for "section 5703(b) of title 5".

1978 - Subsec. (g). Pub. L. 95-623 increased limitation on

establishment of positions to one hundred and seventy-nine from one

hundred and fifty-five and required minimum number of positions for

certain National Centers: ten, National Center for Health Services

Research; twelve, National Center for Health Statistics; and seven,

National Center for Health Care Technology.

1977 - Subsec. (g). Pub. L. 95-83 increased limitation on

establishment of positions to one hundred and fifty-five from one

hundred and fifty and required not less than five for the National

Institute on Alcohol Abuse and Alcoholism for individuals engaged

in research on alcohol abuse and alcoholism.

1971 - Subsec. (f). Pub. L. 92-157, which directed that

"subsection (g)" be substituted for "section 209(f)", was executed

by substituting "section 209(g) of this title" for "section 209(f)

of this title", to reflect the probable intent of Congress.

1970 - Subsec. (c). Pub. L. 91-515 extended coverage to encompass

members of other national review councils or national advisory or

review committees established under this chapter, including members

of the Technical Electronic Product Radiation Safety Standards

Committee and the Board of Regents of the National Library of

Medicine, authorized service to be at the request of the Secretary

in place of the Surgeon General, and revised rates of compensation

and travel allowances.

1968 - Subsec. (g). Pub. L. 90-574 inserted "(1)" after "nor more

than" and added cl. (2).

1962 - Subsec. (b). Pub. L. 87-649 struck out sentence which

permitted commissioned officers on active duty to make allotments

from their pay, and substituted "Commissioned officers on active

duty and retired officers" for "Such officers, and retired

officers." See section 704 of Title 37, Pay and Allowances of the

Uniformed Services.

Subsec. (g). Pub. L. 87-793 substituted provisions requiring the

rates of compensation to be not less than the minimum rate of grade

16 nor more than the highest rate of grade 18 of the General

Schedule, for provisions which prescribed annual rates of

compensation of not less than $12,500 nor more than $19,000.

1960 - Subsec. (b). Pub. L. 86-415 authorized retired officers

entitled to retired pay pursuant to section 211(g)(3), 212, or

213a(a) of this title, to purchase supplies, and included the

purchase of supplies from the Air Force.

Subsec. (g). Pub. L. 86-703 substituted "one hundred and fifty"

for "eighty-five" and "one hundred and fifteen" for

"seventy-three".

1958 - Subsec. (g). Pub. L. 85-929 substituted "in the

professional, scientific, and executive service" for "in the

professional and scientific service", and substituted "of specially

qualified scientific, professional, and administrative personnel"

for "of specially qualified scientific or professional personnel".

Pub. L. 85-462, substituted "eighty-five positions, of which not

less than seventy-three shall be for the National Institutes of

Health" for "sixty positions".

1956 - Subsec. (g). Act June 29, 1956, substituted "$20,000" for

"$15,000".

1955 - Subsec. (g). Act Aug. 1, 1955, increased from thirty to

sixty the number of positions which the Administrator may establish

in the professional and scientific service.

1950 - Subsec. (b). Act Aug. 9, 1950, struck out "and may be

granted leaves of absence without any deduction from their pay"

after "allotments from their pay" in first sentence.

Subsec. (c). Act Aug. 15, 1950, Sec. 3(e), made provisions

applicable to members of all national advisory councils.

Subsec. (g). Act Aug. 15, 1950, Sec. 4(b), added subsec. (g).

1949 - Subsec. (a). Act Oct. 12, 1949, made section applicable to

Reserve officers.

Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b)

and repealed former subsec. (b) relating to Reserve officers.

Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (e) as (c).

Former subsec. (c) redesignated (b).

Subsec. (d). Act Oct. 12, 1949, redesignated subsec. (f) as (d)

and repealed former subsec. (d) relating to female commissioned

officers and defining "dependent".

Subsec. (e). Act Oct. 12, 1949, redesignated subsec. (g) as (e)

and struck out references to allowances. Former subsec. (e)

redesignated (c).

Subsec. (f). Act Oct. 12, 1949, redesignated subsec. (h) as (f).

Former subsec. (f) redesignated (d).

Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsecs. (g)

and (h) as (e) and (f), respectively.

1948 - Subsec. (b). Act Feb. 28, 1948, inserted "except as

otherwise provided by law".

Subsec. (e). Acts June 16, 1948, Sec. 4(d), and June 24, 1948,

Sec. 4(d), made section applicable to the National Advisory Heart

Council and increased the per diem of all members from $25 to $50,

and made section applicable to the National Advisory Dental

Research Council, respectively.

Subsec. (h). Act Feb. 28, 1948, substituted "section 209(f) of

this title" for "section 209(d) of this title".

1946 - Subsec. (e). Act July 3, 1946, inserted "members of the

National Advisory Mental Health Council".

-CHANGE-

CHANGE OF NAME

Reference to the Gillis W. Long Hansen's Disease Center deemed to

refer to the National Hansen's Disease Programs Center, pursuant to

section 2 of Pub. L. 107-220, set out as a note under section 247e

of this title.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Section 17002(a)(2) of Pub. L. 99-272 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect as of October 7, 1985."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 3(b) of Pub. L. 99-117 provided that: "The amendment made

by subsection (a) [amending this section] shall not diminish any

benefits under an agreement entered into before the date of

enactment of this Act [Oct. 7, 1985] by a commissioned medical

officer in the Regular Corps or the Reserve Corps of the Public

Health Service."

EFFECTIVE DATE OF 1962 AMENDMENTS

Amendment by Pub. L. 87-793 effective first day of first pay

period which begins on or after Oct. 11, 1962, see section 1008 of

Pub. L. 87-793.

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-415 effective July 1, 1960, see section

8(a) of Pub. L. 86-415, set out as a note under section 209 of this

title.

EFFECTIVE DATE OF 1958 AMENDMENTS

Amendment by Pub. L. 85-929 effective Sept. 6, 1958, see section

6(a) of Pub. L. 85-929, set out as a note under section 342 of

Title 21, Food and Drugs.

Amendment by Pub. L. 85-462 effective June 20, 1958, see section

17(b) of Pub. L. 85-462.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 31, 1956, effective at beginning of first

pay period commencing after June 30, 1956, see section 120 of act

July 31, 1956.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 3(a) of act Aug. 9, 1950, provided that: "Sections 1 and

2 of this Act [amending this section and enacting section 210-1 of

this title] shall become effective on July 1, 1950."

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

REPEALS

Act July 31, 1956, ch. 804, title I, Sec. 117(b), 70 Stat. 741,

cited as a credit to this section, which amended subsec. (g) of

this section to increase the salary rates, was repealed by Pub. L.

88-426, title III, Sec. 305(1), Aug. 14, 1964, 78 Stat. 422.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (g) pursuant to Reorg. Plan

No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in United

States Civil Service Commission to Director of Office of Personnel

Management (except as otherwise specified), effective Jan. 1, 1979,

as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,

44 F.R. 1055, set out under section 1101 of Title 5.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637,

as amended, set out as a note under section 202 of this title.

-MISC3-

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

MAXIMUM PAY AND ALLOWANCES FOR SPECIFIC FISCAL YEARS

Pub. L. 100-436, title II, Sec. 208, Sept. 20, 1988, 102 Stat.

1699, provided in part that: "No funds appropriated for the fiscal

year ending September 30, 1989, by this or any other Act, may be

used to pay basic pay, special pays, basic allowances for

subsistence and basic allowances for quarters of the commissioned

corps of the Public Health Service described in section 204 of

title 42, United States Code, at a level that exceeds 110 percent

of the Executive Level I [5 U.S.C. 5312] annual rate of basic pay".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987,

101 Stat. 1329-256, 1329-274.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 208], Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.

5233, title II, Sec. 208], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title II, Sec. 208, Dec. 12, 1985, 99 Stat. 1119.

Pub. L. 98-619, title II, Sec. 208, Nov. 8, 1984, 98 Stat. 3321.

Pub. L. 98-139, title II, Sec. 208, Oct. 31, 1983, 97 Stat. 888.

NURSES AND ALLIED HEALTH PROFESSIONALS

Pub. L. 100-436, title II, Sec. 214, Sept. 20, 1988, 102 Stat.

1700, provided that: "Funds made available for fiscal year 1989 and

hereafter to the National Institutes of Health shall be available

for payment of nurses and allied health professionals using pay,

schedule options, benefits, and other authorities as provided for

the nurses of the Veterans' Administration under 38 U.S.C. chapter

73."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 217a, 242k, 286b-2, 289

of this title; title 21 section 360kk.

-End-

-CITE-

42 USC Sec. 210-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 210-1. Annual and sick leave

-STATUTE-

(a) Regulations

In accordance with regulations of the President, commissioned

officers of the Regular Corps and officers of the Reserve Corps on

active duty may be granted annual leave and sick leave without any

deductions from their pay and allowances: Provided, That such

regulations shall not authorize annual leave to be accumulated in

excess of sixty days.

(b) Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499

(c) Repealed. Pub. L. 96-76, title III, Sec. 311, Sept. 29, 1979,

93 Stat. 586

(d) Definitions

For purposes of this section the term "accumulated annual leave"

means unused accrued annual leave carried forward from one leave

year into a succeeding leave year, and the term "accrued annual

leave" means the annual leave accruing to an officer during one

leave year.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 219, as added Aug. 9, 1950,

ch. 654, Sec. 2, 64 Stat. 426; amended Pub. L. 87-649, Sec. 14b,

Sept. 7, 1962, 76 Stat. 499; Pub. L. 96-76, title III, Sec. 311,

Sept. 29, 1979, 93 Stat. 586.)

-STATAMEND-

PARTIAL REPEAL OF SUBSECTION (D)

Subsection (d) of this section was repealed by Pub. L. 87-649,

Sec. 14b, Sept. 7, 1962, 76 Stat. 499, insofar as it was applicable

to the last sentence of subsection (c) of this section which

authorized a lump-sum payment to an officer credited with unused

accumulated and accrued annual leave. See section 501 of Title 37,

Pay and Allowances of the Uniformed Services.

-MISC1-

AMENDMENTS

1979 - Subsec. (c). Pub. L. 96-76, repealed subsec. (c) which set

forth limitations on granting of annual leave under subsec. (a) of

this section.

1962 - Subsec. (b). Pub. L. 87-649 repealed subsec. (b) which

required forfeiture of all pay and allowances of an officer absent

without leave. See section 503 of Title 37, Pay and Allowances of

the Uniformed Services.

Subsec. (c). Pub. L. 87-649 repealed last sentence which

authorized a lump-sum payment for unused accumulated and accrued

annual leave on date of separation, retirement, or release from

active duty. See section 501 of Title 37, Pay and Allowances of the

Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

EFFECTIVE DATE

Section effective July 1, 1950, see section 3(a) of act Aug. 9,

1950, set out as an Effective Date of 1950 Amendment note under

section 210 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, of Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as

amended, set out as a note under section 202 of this title.

-MISC2-

COMPENSATION FOR PRIOR ACCUMULATED AND ACCRUED LEAVE; LIMITATION;

INAPPLICABLE TO OFFICERS ON TERMINAL LEAVE PRIOR TO JULY 1, 1950

Section 3(b), (c) of act Aug. 9, 1950, provided that any officer

credited with more than sixty days of accumulated and accrued leave

on June 30, 1949, be compensated for so much of such leave as

exceeds sixty days, that such compensation be due and payable on

July 1, 1950, and that the provisions of this Act not apply to any

officer on terminal leave preceding separation, retirement, or

release from active duty.

AVAILABILITY OF FUNDS

Section 4 of act Aug. 9, 1950, provided for the availability of

funds for payment of compensation for prior accumulated and accrued

leave for any officer under section 3 of this Act.

LEAVE REGULATIONS

Section 5 of act Aug. 9, 1950, provided that: "Except insofar as

the provisions of this Act [enacting this section, amending section

210 of this title, and enacting provisions set out as notes under

this section and section 210 of this title] are inconsistent

therewith, leave regulations adopted prior to the enactment of this

Act [Aug. 9, 1950], pursuant to the Public Health Service Act [this

chapter], shall remain in effect until repealed, amended, or

superseded."

-End-

-CITE-

42 USC Sec. 210a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 210a. Repealed. Pub. L. 87-649, Sec. 14b, Sept. 7, 1962, 76

Stat. 499

-MISC1-

Section, act Feb. 28, 1948, ch. 83, Sec. 5(e), (f), 62 Stat. 41,

related to service credit for commissioned officers on active duty

Feb. 28, 1948, and to service credit for pay and promotion purposes

of certain appointees during period Feb. 28, 1948, to July 1, 1948.

-End-

-CITE-

42 USC Sec. 210b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 210b. Professional categories

-STATUTE-

(a) Division of corps; basis of categories

For the purpose of establishing eligibility of officers of the

Regular Corps for promotions, the Surgeon General shall by

regulation divide the corps into professional categories. Each

category shall, as far as practicable, be based upon one of the

subjects of examination set forth in section 209(a)(1) of this

title or upon a subdivision of such subject, and the categories

shall be designed to group officers by fields of training in such

manner that officers in any one grade in any one category will be

available for similar duty in the discharge of the several

functions of the Service.

(b) Assignment of officers

Each officer of the Regular Corps on active duty shall, on the

basis of his training and experience, be assigned by the Surgeon

General to one of the categories established by regulations under

subsection (a) of this section. Except upon amendment of such

regulations, no assignment so made shall be changed unless the

Surgeon General finds (1) that the original assignment was

erroneous, or (2) that the officer is equally well qualified to

serve in another category to which he has requested to be

transferred, and that such transfer is in the interests of the

Service.

(c) Maximum number of officers in each category

Within the limits fixed by the Secretary in regulations under

section 207(d) of this title for any fiscal year, the Surgeon

General shall determine for each category in the Regular Corps the

maximum number of officers authorized to be in each of the grades

from the warrant officer (W-1) grade to the director grade,

inclusive.

(d) Vacancies in grade for purposes of promotion

The excess of the number so fixed for any grade in any category

over the number of officers of the Regular Corps on active duty in

such grade in such category (including in the case of the director

grade, officers holding such grade in accordance with section

207(c) of this title) shall for the purpose of promotions

constitute vacancies in such grade in such category. For purposes

of this subsection, an officer who has been temporarily promoted or

who is temporarily holding the grade of director in accordance with

section 207(c) of this title shall be deemed to hold the grade to

which so promoted or which he is temporarily holding; but while he

holds such promotion or grade, and while any officer is temporarily

assigned to a position pursuant to section 206(c) of this title,

the number fixed under subsection (c) of this section for the grade

of his permanent rank shall be reduced by one.

(e) Absence of vacancy in grade as affecting promotion

The absence of a vacancy in a grade in a category shall not

prevent an appointment to such grade pursuant to section 209 of

this title, a permanent length of service promotion, or the recall

of a retired officer to active duty; but the making of such an

appointment, promotion, or recall shall be deemed to fill a vacancy

if one exists.

(f) Vacancy in grade as affecting maximum number for each category

Whenever a vacancy exists in any grade in a category the Surgeon

General may increase by one the number fixed by him under

subsection (c) of this section for the next lower grade in the same

category, without regard to the numbers fixed in regulations under

section 207(d) of this title; and in that event the vacancy in the

higher grade shall not be filled except by a permanent promotion,

and upon the making of such promotion the number for the next lower

grade shall be reduced by one.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 209, as added Feb. 28, 1948,

ch. 83, Sec. 5(i), 62 Stat. 41; amended 1953 Reorg. Plan No. 1,

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.

96-76, title III, Sec. 306, Sept. 29, 1979, 93 Stat. 585.)

-MISC1-

PRIOR PROVISIONS

A prior section 209 of act July 1, 1944, was renumbered section

208 and is classified to section 210 of this title.

AMENDMENTS

1979 - Subsec. (c). Pub. L. 96-76 substituted "warrant officer

(W-1)" for "assistant".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 211 of this title.

-End-

-CITE-

42 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 211. Promotion of commissioned officers

-STATUTE-

(a) Permanent or temporary promotions; examination

Promotions of officers of the Regular Corps to any grade up to

and including the director grade shall be either permanent

promotions based on length of service, other permanent promotions

to fill vacancies, or temporary promotions. Permanent promotions

shall be made by the President, by and with the advice and consent

of the Senate, and temporary promotions shall be made by the

President. Each permanent promotion shall be to the next higher

grade, and shall be made only after examination given in accordance

with regulations of the President.

(b) Promotion to certain grades only to fill vacancies;

regulations; "restricted grade" defined

The President may by regulation provide that in a specified

professional category permanent promotions to the senior grade, or

to both the full grade and the senior grade, shall be made only if

there are vacancies in such grade. A grade in any category with

respect to which such regulations have been issued is referred to

in this section as a "restricted grade".

(c) Examinations

Examinations to determine qualification for permanent promotions

may be either noncompetitive or competitive, as the Surgeon General

shall in each case determine; except that examinations for

promotions to the assistant or senior assistant grade shall in all

cases be noncompetitive. The officers to be examined shall be

selected by the Surgeon General from the professional category, and

in the order of seniority in the grade, from which promotion is to

be recommended. In the case of a competitive examination the

Surgeon General shall determine in advance of the examination the

number (which may be one or more) of officers who, after passing

the examination, will be recommended to the President for

promotion; but if the examination is one for promotions based on

length of service, or is one for promotions to fill vacancies other

than vacancies in the director grade or in a restricted grade, such

number shall not be less than 80 per centum of the number of

officers to be examined.

(d) Permanent promotions to qualified officers on length of service

Officers of the Regular Corps, found pursuant to subsection (c)

of this section to be qualified, shall be given permanent

promotions based on length of service, as follows:

(1) Officers in the warrant officer (W-1) grade, chief warrant

officer (W-2) grade, chief warrant officer (W-3) grade, chief

warrant officer (W-4) grade, and junior assistant grade shall be

promoted at such times as may be prescribed in regulations of the

President.

(2) Officers with permanent rank in the assistant grade, the

senior assistant grade, and the full grade shall (except as

provided in regulations under subsection (b) of this section) be

promoted after completion of three, ten, and seventeen years,

respectively, of service in grades above the junior assistant

grade; and such promotions, when made, shall be effective, for

purposes of pay and seniority in grade, as of the day following

the completion of such years of service. An officer with

permanent rank in the assistant, senior assistant, or full grade

who has not completed such years of service shall be promoted at

the same time, and his promotion shall be effective as of the

same day, as any officer junior to him in the same grade in the

same professional category who is promoted under this paragraph.

(e) Promotion of professional category officers to fill certain

vacancies

Officers in a professional category of the Regular Corps, found

pursuant to subsection (c) of this section to be qualified, may be

given permanent promotions to fill any or all vacancies in such

category in the senior assistant grade, the full grade, the senior

grade, or the director grade; but no officer who has not had one

year of service with permanent or temporary rank in the next lower

grade shall be promoted to any restricted grade or to the director

grade.

(f) Reexamination upon failure of promotion; effective date of

promotion

If an officer who has completed the years of service required for

promotion to a grade under paragraph (2) of subsection (d) of this

section fails to receive such promotion, he shall (unless he has

already been twice examined for promotion to such grade) be once

reexamined for promotion to such grade. If he is thereupon promoted

(otherwise than under subsection (e) of this section), the

effective date of such promotion shall be one year later than it

would have been but for such failure. Upon the effective date of

any permanent promotion of such officer to such grade, he shall be

considered as having had only the length of service required for

such promotion which he previously failed to receive.

(g) Separation from service upon failure of promotion

If, for reasons other than physical disability, an officer of the

Regular Corps in the warrant officer (W-1) grade or junior

assistant grade is found pursuant to subsection (c) of this section

not to be qualified for promotion he shall be separated from the

Service. If, for reasons other than physical disability, an officer

of the Regular Corps in the chief warrant officer (W-2), chief

warrant officer (W-3), assistant, senior assistant, or full grade,

after having been twice examined for promotion (other than

promotion to a restricted grade), fails to be promoted -

(1) if in the chief warrant officer (W-2) or assistant grade he

shall be separated from the Service and paid six months' basic

pay and allowances;

(2) if in the chief warrant officer (W-3) or senior assistant

grade he shall be separated from the Service and paid one year's

basic pay and allowances;

(3) if in the full grade he shall be considered as not in line

for promotion and shall, at such time thereafter as the Surgeon

General may determine, be retired from the Service with retired

pay (unless he is entitled to a greater amount by reason of

another provision of law) -

(A) in the case of an officer who first became a member of a

uniformed service before September 8, 1980, at the rate of 2

1/2 percent of the retired pay base determined under section

1406(h) of title 10 for each year, not in excess of 30, of his

active commissioned service in the Service; or

(B) in the case of an officer who first became a member of a

uniformed service on or after September 8, 1980, at the rate

determined by multiplying -

(i) the retired pay base determined under section 1407 of

title 10; by

(ii) the retired pay multiplier determined under section

1409 of such title for the number of years of his active

commissioned service in the Service.

(h) Separation from service upon refusal to stand examination

If an officer of the Regular Corps, eligible to take an

examination for promotion, refuses to take such examination, he may

be separated from the Service in accordance with regulations of the

President.

(i) Review of record; separation from service

At the end of his first three years of service, the record of

each officer of the Regular Corps originally appointed to the

senior assistant grade or above, shall be reviewed in accordance

with regulations of the President and, if found not qualified for

further service, he shall be separated from the Service and paid

six months' pay and allowances.

(j) Determination of order of seniority

(1) The order of seniority of officers in a grade in the Regular

Corps shall be determined, subject to the provisions of paragraph

(2) of this subsection, by the relative length of time spent in

active service after the effective date of each such officer's

original appointment or permanent promotion to that grade. When

permanent promotions of two or more officers to the same grade are

effective on the same day, their relative seniority shall be the

same as it was in the grade from which promoted. In all other cases

of original appointments or permanent promotions (or both) to the

same grade effective on the same day, relative seniority shall be

determined in accordance with regulations of the President.

(2) In the case of an officer originally appointed in the Regular

Corps to the grade of assistant or above, his seniority in the

grade to which appointed shall be determined after inclusion, as

service in such grade, of any active service in such grade or in

any higher grade in the Reserve Corps, but (if the appointment is

to the grade of senior assistant or above) only to the extent of

whichever of the following is greater: (A) His active service in

such grade or any higher grade in the Reserve Corps after the first

day on which, under regulations in effect on the date of his

appointment to the Regular Corps, he had the training and

experience necessary for such appointment, or (B) the excess of his

total active service in the Reserve Corps (above the grade of

junior assistant) over three years if his appointment in the

Regular Corps is to the senior assistant grade, over ten years if

the appointment is to the full grade, or over seventeen years if

the appointment is to the senior grade.

(k) Temporary promotions; fill vacancy in higher grade; war or

national emergency; selection of officers; termination of

appointment

Any commissioned officer of the Regular Corps in any grade in any

professional category may be recommended to the President for

temporary promotion to fill a vacancy in any higher grade in such

category, up to and including the director grade. In time of war,

or of national emergency proclaimed by the President, any

commissioned officer of the Regular Corps in any grade in any

professional category may be recommended to the President for

promotion to any higher grade in such category, up to and including

the director grade, whether or not a vacancy exists in such grade.

The selection of officers to be recommended for temporary

promotions shall be made in accordance with regulations of the

President. Promotion of an officer recommended pursuant to this

subsection may be made without regard to length of service, without

examination, and without vacating his permanent appointment, and

shall carry with it the pay and allowances of the grade to which

promoted. Such promotions may be terminated at any time, as may be

directed by the President.

(l) Determination of requirements of Service by Secretary;

assignment of Reserve Officers to professional categories;

temporary promotions; termination of temporary promotions

Whenever the number of officers of the Regular Corps on active

duty, plus the number of officers of the Reserve Corps who have

been on active duty for thirty days or more, exceeds the authorized

strength of the Regular Corps, the Secretary shall determine the

requirements of the Service in each grade in each category, based

upon the total number of officers so serving on active duty and the

tasks being performed by the Service; and the Surgeon General shall

thereupon assign each officer of the Reserve Corps on active duty

to a professional category. If the Secretary finds that the number

of officers fixed under section 210b(c) of this title for any grade

and category (or the number of officers, including officers of the

Reserve Corps, on active duty in such grade in such category, if

such number is greater than the number fixed under section 210b(c)

of this title) is insufficient to meet such requirements of the

Service, officers of either the Regular Corps or the Reserve Corps

may be recommended for temporary promotion to such grade in such

category. Any such promotion may be terminated at any time, as may

be directed by the President.

(m) Acceptance of promotion; oath and affidavit

Any officer of the Regular Corps, or any officer of the Reserve

Corps on active duty, who is promoted to a higher grade shall,

unless he expressly declines such promotion, be deemed for all

purposes to have accepted such promotion; and shall not be required

to renew his oath of office, or to execute a new affidavit as

required by section 3332 of title 5.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 210, 58 Stat. 687; Feb. 28,

1948, ch. 83, Sec. 6(a), 62 Stat. 42; Oct. 12, 1949, ch. 681, title

V, Sec. 521(c), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch.

211, Sec. 4(a), 70 Stat. 117; Pub. L. 86-415, Sec. 5(c), Apr. 8,

1960, 74 Stat. 34; Pub. L. 87-649, Sec. 11(2), Sept. 7, 1962, 76

Stat. 497; Pub. L. 96-76, title III, Sec. 307, Sept. 29, 1979, 93

Stat. 585; Pub. L. 96-342, title VIII, Sec. 813(h)(1), Sept. 8,

1980, 94 Stat. 1110; Pub. L. 99-348, title II, Sec. 207(a), July 1,

1986, 100 Stat. 701.)

-COD-

CODIFICATION

In subsec. (m), "section 3332 of title 5" substituted for "the

Act of December 11, 1926, as amended (5 U.S.C. 21a)" on authority

of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the

first section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1986 - Subsec. (g)(3). Pub. L. 99-348 added subpars. (A) and (B)

and struck out former subpars. (A) and (B) which read as follows:

"(A) in the case of an officer who first became a member of a

uniformed service before September 8, 1980, at the rate of 2 1/2

per centum of basic pay of the permanent grade held by him at the

time of retirement for each year, not in excess of thirty, of his

active commissioned service in the Service; or

"(B) in the case of an officer who first became a member of a

uniformed service on or after September 8, 1980, 2 1/2 per centum

of the monthly retired pay base computed under section 1407(h) of

title 10, for each year, not in excess of thirty, of his active

commissioned service in the Service."

1980 - Subsec. (g)(3). Pub. L. 96-342 revised provisions into

subpars. (A) and (B) and substituted provisions respecting

computation of retired pay for officers who became members of the

uniformed service before Sept. 8, 1980, and for officers who became

members of the uniformed service on or after Sept. 8, 1980, for

provisions respecting computation of retired pay for officers.

1979 - Subsec. (d)(1). Pub. L. 96-76, Sec. 307(a), inserted

applicability to warrant officers and chief warrant officers.

Subsec. (g). Pub. L. 96-76, Sec. 307(b), in provision before par.

(1), inserted applicability to separation from Service of warrant

officers and chief warrant officers subsequent to one examination

or two examinations, respectively, in par. (1), inserted

applicability to a chief warrant officer (W-2), and in par. (2),

inserted applicability to a chief warrant officer (W-3).

1962 - Subsec. (g). Pub. L. 87-649 substituted "basic pay" for

"pay" in cls. (1) and (2).

1960 - Subsec. (g). Pub. L. 86-415 substituted "of the basic pay

of the permanent grade held by him at the time of retirement for

each year" for "of his active duty pay at the time of retirement

for each complete year" in cl. (3).

1956 - Subsec. (d)(2). Act Apr. 27, 1956, struck out "pay period

and for purposes of" before "seniority in grade".

1949 - Subsec. (g). Act Oct. 12, 1949, struck out "incurred in

line of duty" wherever appearing.

1948 - Act Feb. 28, 1948, amended subsecs. (a) to (c) generally

and added subsecs. (d) to (m).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 this title. Federal Security

Agency and office of Administrator abolished by section 8 of Reorg.

Plan No. 1 of 1953. Secretary and Department of Health, Education,

and Welfare redesignated Secretary and Department of Health and

Human Services by section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as

amended, set out as a note under section 202 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 210, 212 of this title;

title 10 section 1406.

-End-

-CITE-

42 USC Sec. 211a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 211a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87

Stat. 936

-MISC1-

Section, act July 1, 1944, ch. 373, title XIII, Sec. 1311,

formerly title VII, Sec. 711, as added Feb. 28, 1948, ch. 83, Sec.

9(b), 62 Stat. 47; renumbered title VIII, Sec. 811, July 30, 1956,

ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 911,

Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered

title X, Sec. 1011, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79

Stat. 931; renumbered title XI, Sec. 1111, Dec. 24, 1970, Pub. L.

91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1211,

May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered

title XIII, Sec. 1311, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2),

87 Stat. 604, provided for appointment to higher grades of Public

Health Service officers for mental health and hospital construction

activities.

-End-

-CITE-

42 USC Sec. 211b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 211b. Repealed. Pub. L. 94-412, title V, Sec. 501(f), Sept.

14, 1976, 90 Stat. 1258

-MISC1-

Section, act Feb. 28, 1948, ch. 83, Sec. 6(b)-(f), 62 Stat. 45,

dealt with promotion of Public Health Service officers.

SAVINGS PROVISION

Repeal not to affect any action taken or proceeding pending at

the time of repeal, see section 501(h) of Pub. L. 94-412, set out

as a note under section 1601 of Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 211c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 211c. Promotion credit for medical officers in assistant grade

-STATUTE-

Any medical officer of the Regular Corps of the Public Health

Service who -

(1)(A) was appointed to the assistant grade in the Regular

Corps and whose service in such Corps has been continuous from

the date of appointment or (B) may hereafter be appointed to the

assistant grade in the Regular Corps, and

(2) had or will have completed a medical internship on the date

of such appointment,

shall be credited with one year for purposes of promotion and

seniority in grade, except that no such credit shall be authorized

if the officer has received or will receive similar credit for his

internship under other provisions of law. In the case of an officer

on active duty on the effective date of this section who is

entitled to the credit authorized herein, the one year shall be

added to the promotion and seniority-in-grade credits with which he

is credited on such date.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 220, as added Apr. 30, 1956,

ch. 223, Sec. 3, 70 Stat. 121.)

-REFTEXT-

REFERENCES IN TEXT

For "the effective date of this section", referred to in text,

see section 7 of act Apr. 30, 1956, which provided in part that

this section shall become effective the first day of the month

following the day of enactment, Apr. 30, 1956.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-End-

-CITE-

42 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 212. Retirement of commissioned officers

-STATUTE-

(a) Age; voluntariness; length of service; computation of retired

pay

(1) A commissioned officer of the Service shall, if he applies

for retirement, be retired on or after the first day of the month

following the month in which he attains the age of sixty-four

years. This paragraph does not permit or require the involuntary

retirement of any individual because of the age of the individual.

(2) A commissioned officer of the Service may be retired by the

Secretary, and shall be retired if he applies for retirement, on

the first day of any month after completion of thirty years of

active service.

(3) Any commissioned officer of the Service who has had less than

thirty years of active service may be retired by the Secretary,

with or without application by the officer, on the first day of any

month after completion of twenty or more years of active service of

which not less than ten are years of active commissioned service in

any of the uniformed services.

(4) Except as provided in paragraph (6), a commissioned officer

retired pursuant to paragraph (1), (2), or (3) who was (in the case

of an officer in the Reserve Corps) on active duty with the Service

on the day preceding such retirement shall be entitled to receive

retired pay at the rate of 2 1/2 per centum of the basic pay of

the highest grade held by him as such officer and in which, in the

case of a temporary promotion to such grade, he has performed

active duty for not less than six months, (A) for each year of

active service, or (B) if it results in higher retired pay, for

each of the following years:

(i) his years of active service (determined without regard to

subsection (d) of this section) as a member of a uniformed

service; plus

(ii) in the case of a medical or dental officer, four years

and, in the case of a medical officer, who has completed one year

of medical internship or the equivalent thereof, one additional

year, the four years and the one year to be reduced by the period

of active service performed during such officer's attendance at

medical school or dental school or during his medical internship;

plus

(iii) the number of years of service with which he was entitled

to be credited for purposes of basic pay on May 31, 1958, or (if

higher) on any date prior thereto, reduced by any such year

included under clause (i) and further reduced by any such year

with which he was entitled to be credited under paragraphs (7)

and (8) of section 205(a) of title 37 on any date before June 1,

1958;

except that (C) in the case of any officer whose retired pay, so

computed, is less than 50 per centum of such basic pay, who retires

pursuant to paragraph (1) of this subsection, who has not less than

twelve whole years of active service (computed without the

application of subsection (e) of this section), and who does not

use, for purposes of a retirement annuity under subchapter III of

chapter 83 of title 5, any service which is also creditable in

computing his retired pay from the Service, it shall, instead, be

50 per centum of such pay, and (D) the retired pay of an officer

shall in no case be more than 75 per centum of such basic pay.

(5) With the approval of the President, a commissioned officer

whose service as Surgeon General, Deputy Surgeon General, or

Assistant Surgeon General has totaled four years or more and who

has had not less than twenty-five years of active service in the

Service may retire voluntarily at any time; and except as provided

in paragraph (6), his retired pay shall be at the rate of 75 per

centum of the basic pay of the highest grade held by him as such

officer.

(6) The retired pay of a commissioned officer retired under this

subsection who first became a member of a uniformed service after

September 7, 1980, is determined by multiplying -

(A) the retired pay base determined under section 1407 of title

10; by

(B) the retired pay multiplier determined under section 1409 of

such title for the number of years of service credited to the

officer under paragraph (4).

(7) Retired pay computed under section 211(g)(3) of this title or

under paragraph (4) or (5) of this subsection, if not a multiple of

$1, shall be rounded to the next lower multiple of $1.

(b) Basic pay of highest temporary grade

For purposes of subsection (a) of this section, the basic pay of

the highest grade to which a commissioned officer has received a

temporary promotion means the basic pay to which he would be

entitled if serving on active duty in such grade on the date of his

retirement.

(c) Recall to active duty

A commissioned officer, retired for reasons other than for

failure of promotion to the senior grade, may (1) if an officer of

the Regular Corps or an officer of the Reserve Corps entitled to

retired pay under subsection (a) of this section, be involuntarily

recalled to active duty during such times as the Commissioned Corps

constitutes a branch of the land or naval forces of the United

States, and (2) if an officer of either the Regular or Reserve

Corps, be recalled to active duty at any time with his consent.

(d) "Active service" defined

The term "active service", as used in subsection (a) of this

section, includes:

(1) all active service in any of the uniformed services;

(2) active service with the Public Health Service, other than

as a commissioned officer, which the Surgeon General determines

is comparable to service performed by commissioned officers of

the Service, except that, if there are more than five years of

such service only the last five years thereof may be included;

(3) all active service (other than service included under the

preceding provisions of this subsection) which is creditable for

retirement purposes under laws governing the retirement of

members of any of the uniformed services; and

(4) service performed as a member of the Senior Biomedical

Research Service established by section 237 of this title, except

that, if there are more than 5 years of such service, only the

last 5 years thereof may be included.

(e) Crediting of part of year

For the purpose of determining the number of years by which a

percentage of the basic pay of an officer is to be multiplied in

computing the amount of his retired pay pursuant to section

211(g)(3) of this title or paragraph (4) of subsection (a) of this

section, each full month of service that is in addition to the

number of full years of service credited to an officer is counted

as one-twelfth of a year and any remaining fractional part of a

month is disregarded.

(f) Retirement or separation for physical disability

For purposes of retirement or separation for physical disability

under chapter 61 of title 10, a commissioned officer of the Service

shall be credited, in addition to the service described in section

1208(a)(2) of that title, with active service with the Public

Health Service, other than as a commissioned officer, which the

Surgeon General determines is comparable to service performed by

commissioned officers of the Service, except that, if there are

more than five years of such service, only the last five years

thereof may be so credited. For such purposes, such section

1208(a)(2) shall be applicable to officers of the Regular or

Reserve Corps of the Service.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 211, 58 Stat. 688; Feb. 28,

1948, ch. 83, Sec. 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V,

Sec. 521(d), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff.

Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211,

Sec. 5(a)-(c), 70 Stat. 117; Aug. 10, 1956, ch. 1041, Sec. 5, 70A

Stat. 620; Pub. L. 86-415, Sec. 4, Apr. 8, 1960, 74 Stat. 33; Pub.

L. 91-253, Sec. 1, May 14, 1970, 84 Stat. 216; Pub. L. 96-76, title

III, Sec. 308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96-342, title

VIII, Sec. 813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97-25,

title III, Sec. 303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97-35,

title XXVII, Sec. 2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L.

98-94, title IX, Secs. 922(d), 923(f), Sept. 24, 1983, 97 Stat.

642, 643; Pub. L. 99-348, title II, Sec. 207(b), July 1, 1986, 100

Stat. 702; Pub. L. 101-509, title V, Sec. 529 [title III, Sec.

304(b)], Nov. 5, 1990, 104 Stat. 1427, 1464.)

-COD-

CODIFICATION

In subsec. (a)(4), "subchapter III of chapter 83 of title 5"

substituted for "the Civil Service Retirement Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1990 - Subsec. (d)(4). Pub. L. 101-509 added par. (4).

1986 - Subsec. (a)(6). Pub. L. 99-348 amended par. (6) generally.

Prior to amendment, par. (6) read as follows: "In computing retired

pay under paragraph (4) or (5) in the case of any commissioned

officer who first became a member of a uniformed service on or

after September 8, 1980, the monthly retired pay base computed

under section 1407(h) of title 10 shall be used in lieu of using

the basic pay of the highest grade held by him as such officer."

1983 - Subsec. (a)(7). Pub. L. 98-94, Sec. 922(d), added par.

(7).

Subsec. (e). Pub. L. 98-94, Sec. 923(f), substituted "each full

month of service that is in addition to the number of full years of

service credited to an officer is counted as one-twelfth of a year

and any remaining fractional part of a month is disregarded" for "a

part of a year that is six months or more is counted as a whole

year, and a part of a year that is less than six months is

disregarded".

1981 - Subsec. (a)(1). Pub. L. 97-35 substituted "shall, if he

applies for retirement, be retired on or after" for "shall be

retired on", and substituted provisions relating to involuntary

retirement as a result of age, for provisions relating to

inapplicability to the Surgeon General.

Pub. L. 97-25 inserted provision that this paragraph does not

apply to Surgeon General.

1980 - Subsec. (a)(4). Pub. L. 96-342, Sec. 813(h)(2)(A),

substituted "Except as provided in paragraph (6), a" for "A".

Subsec. (a)(5). Pub. L. 96-342, Sec. 813(h)(2)(B), substituted

"except as provided in paragraph (6), his" for "his".

Subsec. (a)(6). Pub. L. 96-342, Sec. 813(h)(2)(C), added par.

(6).

1979 - Subsec. (e). Pub. L. 96-76 struck out requirement

respecting active service for purposes of credit.

1970 - Subsec. (a)(4). Pub. L. 91-253 inserted "plus" after the

semicolon at end of cl. (ii) and added cl. (iii).

1960 - Pub. L. 86-415 amended section generally, and among other

changes, authorized retirement of commissioned officers who have

had less than 30 years of active service any time after the

completion of 20 years of active service, permitted persons who

have served as Deputy Surgeons General or Assistant Surgeons

General for four or more years and who have had at least 25 years

of active service to retire voluntarily at any time, provided for

the recall to active duty of officers of the Reserve Corps entitled

to retired pay under subsection (a) of this section during such

times as the Corps constitutes a branch of the land or naval forces

of the United States, authorized credit, for retirement purposes,

of active service in the uniformed services and limited to five

years the crediting of active service with the Public Health

Service other than as a commissioned officer, and established the

methods for computation of retired pay for active duty officers

retiring for age or length of service.

1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 5(a), authorized

crediting of noncommissioned service for purposes of retirement.

Subsec. (b)(1). Act Apr. 27, 1956, Sec. 5(b), authorized

crediting of noncommissioned service in the Service for purposes of

retirement.

Subsec. (c). Act Apr. 27, 1956, Sec. 5(c), permitted recall of

retired officers of the Regular Corps without their consent

whenever the Regular Corps has military status, and authorized

recall of retired officers of the Regular or Reserve Corps with

their consent at any time.

Subsec. (g). Act Aug. 10, 1956, provided for crediting of service

for purposes of retirement or separation for physical disability

under chapter 61 of title 10.

1949 - Subsec. (a). Act Oct. 12, 1949, redesignated subsec. (b)

as (a), substituted "subsection (b)" for "subsection (c)" and

repealed former subsec. (a) relating to retirement for disability

or disease.

Subsec. (b). Act Oct. 12, 1949, redesignated subsec. (c) as (b)

and struck out reference to retirement for disability or disease.

Former subsec. (b) redesignated (a).

Subsec. (c). Act Oct. 12, 1949, redesignated subsec. (d) as (c)

and struck out reference to recovery from a disability. Former

subsec. (c) redesignated (b).

Subsecs. (d) to (f). Act Oct. 12, 1949, redesignated subsecs. (e)

to (g) as (d) to (f), respectively. Former subsec. (d) redesignated

(c).

Subsecs. (g), (h). Act Oct. 12, 1949, redesignated subsec. (h) as

(g) and amended subsection generally to relate to retirement or

separation for physical disability. Former subsec. (g) redesignated

(f).

1948 - Subsec. (b). Act Feb. 28, 1948, inserted length of service

for retirement purposes.

Subsec. (c)(2). Act Feb. 28, 1948, made subdivision applicable to

grade of Assistant Surgeon General.

Subsec. (d). Act Feb. 28, 1948, substituted "under the provisions

of subsection (b) of this section" for "for age".

Subsecs. (g), (h). Act Feb. 28, 1948, added subsecs. (g) and (h).

-CHANGE-

CHANGE OF NAME

Senior Biomedical Research Service changed to Silvio O. Conte

Senior Biomedical Research Service by Pub. L. 103-43, title XX,

Sec. 2001, June 10, 1993, 107 Stat. 208. See section 237 of this

title.

-MISC2-

EFFECTIVE DATE OF 1990 AMENDMENT

Section 529 [title III, Sec. 304(c)] of Pub. L. 101-509 provided

that: "Except as otherwise provided, the provisions of this section

[enacting section 237 of this title and amending this section]

shall be effective on the 90th day following the date of the

enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 922(d) of Pub. L. 98-94 effective Oct. 1,

1983, see section 922(e) of Pub. L. 98-94, set out as a note under

section 1401 of Title 10, Armed Forces.

Amendment by section 923(f) of Pub. L. 98-94 applicable with

respect to the computation of retired or retainer pay of any

individual who becomes entitled to that pay after Sept. 30, 1983,

see section 923(g) of Pub. L. 98-94, set out as a note under

section 1174 of Title 10.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 2 of Pub. L. 91-253 provided that: "The amendments made

by this Act [amending this section] shall apply in the case of

retired pay for any period after the month in which this Act is

enacted [May 1970]."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 8(b) of Pub. L. 86-415 provided that: "The amendment made

by section 4 [amending this section] shall become effective on the

date of enactment of this Act [Apr. 8, 1960] in the case of

commissioned officers of the Regular Corps of the Public Health

Service, and on July 1, 1960, in the case of commissioned officers

of the Reserve Corps of the Public Health Service."

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

SAVINGS PROVISION

Section 8(c), (d) of Pub. L. 86-415 provided that:

"(c) An officer in the Regular Corps on active duty on the date

of enactment of this Act [Apr. 8, 1960] may be retired and have his

retired pay computed under section 211 of the Public Health Service

Act, as amended by this Act [this section], or, if he so elects,

under such section as in effect prior to the date of enactment of

this Act [Apr. 8, 1960].

"(d) The limitation under subsection (f) of section 211 of the

Public Health Service Act, as amended by this Act [subsec. (f) of

this section], on the amount of active service with the Public

Health Service, other than as a commissioned officer, which may be

counted for purposes of retirement or separation for physical

disability, shall not apply in the case of any officer of the

Reserve Corps of the Public Health Service on active duty on June

30, 1960."

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637,

as amended, set out as a note under section 202 of this title.

-MISC3-

COVERAGE UNDER CIVIL SERVICE RETIREMENT ACT

Creditable service for purposes of the Civil Service Retirement

Act for certain commissioned officers of the Regular or Reserve

Corps of the Public Health Service, see section 6(a), (b) of Pub.

L. 86-415, set out as a note under section 8332 of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 209, 210 of this title;

title 10 section 1406.

-End-

-CITE-

42 USC Sec. 212a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 212a. Repealed. Pub. L. 93-222, Sec. 7(b), Dec. 29, 1973, 87

Stat. 936

-MISC1-

Section, act July 1, 1944, ch. 373, title XIII, Sec. 1312,

formerly title VII, Sec. 712, as added Feb. 28, 1948, ch. 83, Sec.

9(b), 62 Stat. 47; renumbered title VIII, Sec. 812, July 30, 1956,

ch. 779, Sec. 3(b), 70 Stat. 721; renumbered title IX, Sec. 912,

Sept. 4, 1964, Pub. L. 88-581, Sec. 4(b), 78 Stat. 919; renumbered

title X, Sec. 1012, Oct. 6, 1965, Pub. L. 89-239, Sec. 3(b), 79

Stat. 931; renumbered title XI, Sec. 1112, Dec. 24, 1970, Pub. L.

91-572, Sec. 6(b), 84 Stat. 1506; renumbered title XII, Sec. 1212,

May 16, 1972, Pub. L. 92-294, Sec. 3(b), 86 Stat. 137; renumbered

title XIII, Sec. 1312, Nov. 16, 1973, Pub. L. 93-154, Sec. 2(b)(2),

87 Stat. 604, provided for retirement of certain officers of

Reserve Corps of the Public Health Service for disability.

-End-

-CITE-

42 USC Sec. 212b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 212b. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(d), 70 Stat.

117

-MISC1-

Section, act July 31, 1953, ch. 296, title II, Sec. 201, 67 Stat.

254, authorized recall of retired officers of the Service. See

section 212(c) of this title.

-End-

-CITE-

42 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 213. Military benefits

-STATUTE-

(a) Rights, privileges, immunities, and benefits accorded to

commissioned officers or their survivors

Except as provided in subsection (b) of this section,

commissioned officers of the Service and their surviving

beneficiaries shall, with respect to active service performed by

such officers -

(1) in time of war;

(2) on detail for duty with the Army, Navy, Air Force, Marine

Corps, or Coast Guard; or

(3) while the Service is part of the military forces of the

United States pursuant to Executive order of the President;

be entitled to all rights, privileges, immunities, and benefits now

or hereafter provided under any law of the United States in the

case of commissioned officers of the Army or their surviving

beneficiaries on account of active military service, except retired

pay and uniform allowances.

(b) Award of decorations

The President may prescribe the conditions under which

commissioned officers of the Service may be awarded military

ribbons, medals, and decorations.

(c) Authority of Surgeon General

The authority vested by law in the Department of the Army, the

Secretary of the Army, or other officers of the Department of the

Army with respect to rights, privileges, immunities, and benefits

referred to in subsection (a) of this section shall be exercised,

with respect to commissioned officers of the Service, by the

Surgeon General.

(d) Active service deemed active military service with respect to

laws administered by Secretary of Veterans Affairs

Active service of commissioned officers of the Service shall be

deemed to be active military service in the Armed Forces of the

United States for the purposes of all laws administered by the

Secretary of Veterans Affairs (except the Servicemen's Indemnity

Act of 1951) and section 417 of this title.

(e) Active service deemed active military service with respect to

Soldiers' and Sailors' Civil Relief Act of 1940

Active service of commissioned officers of the Service shall be

deemed to be active military service in the Armed Forces of the

United States for the purposes of all rights, privileges,

immunities, and benefits now or hereafter provided under the

Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501

et seq.).

(f) Active service deemed active military service with respect to

anti-discrimination laws

Active service of commissioned officers of the Service shall be

deemed to be active military service in the Armed Forces of the

United States for purposes of all laws related to discrimination on

the basis of race, color, sex, ethnicity, age, religion, and

disability.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 212, 58 Stat. 689; July 15,

1954, ch. 507, Sec. 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837,

title V, Sec. 501(b)(1), 70 Stat. 881; Pub. L. 94-278, title XI,

Sec. 1101, Apr. 22, 1976, 90 Stat. 415; Pub. L. 102-54, Sec.

13(q)(1)(C), June 13, 1991, 105 Stat. 278; Pub. L. 105-392, title

IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3587.)

-REFTEXT-

REFERENCES IN TEXT

The Servicemen's Indemnity Act of 1951, referred to in subsec.

(d), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was

classified generally to subchapter II (Sec. 851 et seq.) of chapter

13 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and

was repealed by act Aug. 1, 1956, ch. 873, title V, Sec. 502(9), 70

Stat. 886.

The Soldiers' and Sailors' Civil Relief Act of 1940, referred to

in subsec. (e), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as

amended, which is classified to section 501 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see section 501 of Title 50, Appendix, and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-392 added subsec. (f).

1991 - Subsec. (d). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Veterans' Administration".

1976 - Subsec. (e). Pub. L. 94-278 added subsec. (e).

1956 - Act Aug. 1, 1956, amended section generally to extend all

rights, privileges, immunities, and benefits provided for

commissioned officers of the Army or their surviving beneficiaries

to commissioned officers of the Service, with the exception of

retired pay and uniform allowances, when performing duty under

certain circumstances, and to provide that active service of

commissioned officers shall be deemed to be active military service

in the Armed Forces for the purposes of all laws administered by

the Veterans' Administration (except the Servicemen's Indemnity Act

of 1951) and section 417 of this title.

1954 - Subsec. (a)(1). Act July 15, 1954, struck out "burial

payments in the event of death," after "limited to,".

EFFECTIVE DATE OF 1956 AMENDMENT; APPLICABILITY

Section 501(b)(2) of act Aug. 1, 1956, provided that: "The

amendment made by this subsection [amending this section] (A) shall

apply only with respect to service performed on or after July 4,

1952, (B) shall not be construed to affect the entitlement of any

person to benefits under the Veterans' Readjustment Assistance Act

of 1952 [act July 16, 1952, ch. 875, 66 Stat. 633], (C) shall not

be construed to authorize any payment under section 202(i) of the

Social Security Act [section 402(i) of this title], or under

Veterans Regulation Numbered 9(a), for any death occurring prior to

January 1, 1957, and (D) shall not be construed to authorize

payment of any benefits for any period prior to January 1, 1957."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service and functions of all agencies of or in Public Health

Service transferred to Secretary of Health, Education, and Welfare

by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80

Stat. 1610, set out as a note under section 202 of this title.

Secretary of Health, Education, and Welfare redesignated Secretary

of Health and Human Services by section 509(b) of Pub. L. 96-88

which is classified to section 3508(b) of Title 20, Education.

-MISC2-

RECOMPUTATION OF SOCIAL SECURITY BENEFITS FOR OFFICERS ENTITLED TO

OLD-AGE INSURANCE BENEFITS PRIOR TO JANUARY 1, 1957, OR FOR

SURVIVORS OF OFFICERS WHO DIED PRIOR TO JANUARY 1, 1957

Section 501(b)(3) of act Aug. 1, 1956, provided that: "In the

case of any individual -

"(A) who performed active service (i) as a commissioned officer

of the Public Health Service at any time during the period

beginning July 4, 1952, and ending December 31, 1956, or (ii) as

a commissioned officer of the Coast and Geodetic Survey at any

time during the period beginning July 29, 1945, and ending

December 31, 1956; and

"(B)(i) who became entitled to old-age insurance benefits under

section 202(a) of the Social Security Act [section 402(a) of this

title] prior to January 1, 1957, or

"(ii) who died prior to January 1, 1957, and whose widow,

child, or parent is entitled for the month of January 1957, on

the basis of his wages and self-employment income, to a monthly

survivor's benefit under section 202 of such act [section 402 of

this title]; and

"(C) any part of whose service described in subparagraph (A)

was not included in the computation of his primary insurance

amount under section 215 of such act [section 415 of this title]

but would have been included in such computation if the amendment

made by paragraph (1) of this subsection or paragraph (1) of

subsection (d) had been effective prior to the date of such

computation,

the Secretary of Health, Education, and Welfare [now Health and

Human Services] shall, notwithstanding the provisions of section

215(f)(1) of the Social Security Act [section 415(f)(1) of this

title], recompute the primary insurance amount of such individual

upon the filing of an application, after December 1956, by him or

(if he dies without filing such an application) by any person

entitled to monthly survivor's benefits under section 202 of such

act [section 402 of this title] on the basis of his wages and

self-employment income. Such recomputation shall be made only in

the manner, provided in title II of the Social Security Act

[sections 401 to 425 of this title] as in effect at the time of the

last previous computation or recomputation of such individual's

primary insurance amount, and as though application therefor was

filed in the month in which application for such last previous

computation or recomputation was filed. No recomputation made under

this paragraph shall be regarded as a recomputation under section

215(f) of the Social Security Act [section 415(f) of this title].

Any such recomputation shall be effective for and after the twelfth

month before the month in which the application was filed, but in

no case for any month before January 1957."

DISPOSITION OF REMAINS OF DECEASED PERSONNEL

Recovery, care, and disposition of the remains of deceased

members of the uniformed services and other deceased personnel, see

section 1481 et seq. of Title 10, Armed Forces.

BURIAL OF CERTAIN COMMISSIONED OFFICERS

Act Apr. 30, 1956, ch. 227, 70 Stat. 124, provided: "That burial

in national cemeteries of the remains of commissioned officers of

the United States Public Health Service who were detailed for duty

with the Army or Navy during World War I pursuant to the act of

July 1, 1902 (32 Stat. 712, 713), as amended, and Executive Order

Numbered 2571 dated April 3, 1917, and of the wife, widow, minor

child and, in the discretion of the Secretary of the Army,

unmarried adult child of these officers is authorized: Provided,

That the remains of the wife, widow, and children may, in the

discretion of the Secretary of the Army, be removed from a national

cemetery proper and interred in the post section of a national

cemetery if, upon death, the related officer is not buried in the

same or an adjoining gravesite."

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Dec. 30, 1992, 58

F.R. 3485, provided:

Memorandum for the Secretary of Defense, the Secretary of Health

and Human Services

The authority of the President under section 212(b) of the Public

Health Service Act (42 U.S.C. 213(b)) is hereby delegated to the

Secretary of Defense. In the exercise of that authority, the

Secretary of Defense shall ensure that no military ribbon, medal,

or decoration is awarded to an officer of the Public Health Service

without the approval of the Secretary of Health and Human Services.

The Secretary of Defense shall ensure the publication of this

memorandum in the Federal Register.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 213a, 215, 218a of this

title; title 26 section 140.

-End-

-CITE-

42 USC Sec. 213a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 213a. Rights, benefits, privileges, and immunities for

commissioned officers or beneficiaries; exercise of authority by

Secretary or designee

-STATUTE-

(a) Commissioned officers of the Service or their surviving

beneficiaries are entitled to all the rights, benefits, privileges,

and immunities now or hereafter provided for commissioned officers

of the Army or their surviving beneficiaries under the following

provisions of title 10:

(1) Section 1036, Escorts for dependents of members:

transportation and travel allowances.

(2) Chapter 61, Retirement or Separation for Physical

Disability, except that sections 1201, 1202, and 1203 do not

apply to commissioned officers of the Public Health Service who

have been ordered to active duty for training for a period of

more than 30 days.

(3) Chapter 69, Retired Grade, except sections 1370, 1374,(!1)

1375 and 1376(a).

(4) Chapter 71, Computation of Retired Pay, except formula No.

3 of section 1401.

(5) Chapter 73, Retired Serviceman's Family Protection Plan;

Survivor Benefit Plan.

(6) Chapter 75, Death Benefits.

(7) Section 2771, Final settlement of accounts: deceased

members.

(8) Chapter 163, Military Claims, but only when commissioned

officers of the Service are entitled to military benefits under

section 213 of this title.

(9) Section 2603, Acceptance of fellowships, scholarships, or

grants.

(10) Section 2634, Motor vehicles: for members on permanent

change of station.

(11) Section 1035, Deposits of Savings.

(12) Section 1552, Correction of military records: claims

incident thereto.

(13) Section 1553, Review of discharge or dismissal.

(14) Section 1554, Review of retirement or separation without

pay for physical disability.

(15) Section 1124, Cash awards for suggestions, inventions, or

scientific achievements.

(16) Section 1052, Reimbursement for adoption expenses.

(17) Section 1059, Transitional compensation and commissary and

exchange benefits for dependents of members separated for

dependent abuse.

(b) The authority vested by title 10 in the "military

departments", "the Secretary concerned", or "the Secretary of

Defense" with respect to the rights, privileges, immunities, and

benefits referred to in subsection (a) of this section shall be

exercised, with respect to commissioned officers of the Service, by

the Secretary of Health and Human Services or his designee.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 221, as added Aug. 10, 1956,

ch. 1041, Sec. 4, 70A Stat. 619; amended Pub. L. 85-861, Sec. 4,

Sept. 2, 1958, 72 Stat. 1547; Pub. L. 86-160, Sec. 3, Aug. 14,

1959, 73 Stat. 359; Pub. L. 87-555, Sec. 2, July 27, 1962, 76 Stat.

244; Pub. L. 88-132, Sec. 5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L.

88-431, Sec. 1(d), Aug. 14, 1964, 78 Stat. 440; Pub. L. 89-538,

Sec. 3(b), Aug. 14, 1966, 80 Stat. 348; Pub. L. 92-425, Sec. 5,

Sept. 21, 1972, 86 Stat. 713; Pub. L. 96-76, title III, Sec. 312,

Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-88, title V, Sec. 509(b),

Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-513, title V, Sec.

507(f)(2), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 99-117, Sec. 4,

Oct. 7, 1985, 99 Stat. 492; Pub. L. 105-85, div. A, title VI, Sec.

653(a), Nov. 18, 1997, 111 Stat. 1804; Pub. L. 107-107, div. A,

title VI, Sec. 653(a), Dec. 28, 2001, 115 Stat. 1153.)

-REFTEXT-

REFERENCES IN TEXT

Section 1374 of title 10, referred to in subsec. (a)(3), was

repealed by Pub. L. 103-337, div. A, title XVI, Sec. 1662(k)(2),

Oct. 5, 1994, 108 Stat. 3006. See sections 12771 to 12773 of Title

10, Armed Forces.

-COD-

CODIFICATION

Section was formerly classified to section 316 of title 37 prior

to the general revision and enactment of Title 37, Pay and

Allowances of the Uniformed Services, by Pub. L. 87-649, Sec. 1,

Sept. 7, 1962, 76 Stat. 451.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(17). Pub. L. 107-107 added cl. (17).

1997 - Subsec. (a)(16). Pub. L. 105-85 added cl. (16).

1985 - Subsec. (a)(15). Pub. L. 99-117 added cl. (15).

1980 - Subsec. (a)(3). Pub. L. 96-513 inserted reference to

section 1370 of title 10.

1979 - Subsec. (a)(12) to (14). Pub. L. 96-76 added cls. (12) to

(14).

1972 - Subsec. (a)(5). Pub. L. 92-425 substituted "Retired

Serviceman's Family Protection Plan; Survivor Benefit Plan" for

"Annuities Based on Retired or Retainer Pay".

1966 - Subsec. (a)(11). Pub. L. 89-538 added cl. (11).

1964 - Subsec. (a)(10). Pub. L. 88-431 added cl. (10).

1963 - Subsec. (b). Pub. L. 88-132 inserted reference to

Secretary of Defense.

1962 - Subsec. (a). Pub. L. 87-555 added cl. (9). Notwithstanding

directory language that section be amended by "adding the following

new clause at the end thereof", the amendment was executed to

subsec. (a) to reflect the probable intent of Congress since the

"new" clause was numbered "(9)" and subsec. (a) contained cls. (1)

to (8).

1959 - Subsec. (a). Pub. L. 86-160 added cl. (1) and renumbered

former cls. (1) to (7) as (2) to (8).

1958 - Subsec. (a). Pub. L. 85-861 substituted "provisions" for

"chapters" in opening clause, struck out former cl. (1) which

related to chapter 55 of title 10, renumbered former cls. (2) to

(6) as (1) to (5), amended cl. (1), as renumbered, to make sections

1201 to 1203 of title 10, inapplicable to commissioned officers of

the Public Health Service who have been ordered to active duty for

training for a period of more than 30 days, inserted a reference to

section 1374 of title 10 in cl. (2), as renumbered, struck out

"Care of the Dead" after "Benefits" in cl. (5), as renumbered, and

added cl. (6).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 653(c) of Pub. L. 105-85 provided that: "The amendments

made by this section [amending this section and former section 857a

of Title 33, Navigation and Navigable Waters] shall apply only to

adoptions that are completed on or after the date of the enactment

of this Act [Nov. 18, 1997]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as an Effective Date note under

section 201 of Title 37, Pay and Allowances of the Uniformed

Services.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-MISC2-

RULES AND REGULATIONS; SAVINGS DEPOSIT BENEFITS

Regulations prescribed by the Secretary of Health, Education, and

Welfare [now Health and Human Services] concerning savings deposit

benefits for Public Health Service personnel to be prescribed

jointly with regulations prescribed by the Secretaries concerned

under section 1035 of Title 10, Armed Forces, see section 3(c) of

Pub. L. 89-538, set out as a note under section 1035 of Title 10.

BACK PAYMENTS: VALIDATION; APPLICATION; LIMITATIONS; ACCOUNTABILITY

OF DISBURSING OFFICERS; REGULATIONS

Transportation and travel allowances to escorts for dependents of

members, see sections 4 to 7 of Pub. L. 86-160, set out as a note

under section 1036 of Title 10, Armed Forces.

DESIGNATION OF BENEFICIARY MADE BEFORE JANUARY 1, 1956

Designation of beneficiary made before Jan. 1, 1956, considered

as the designation of a beneficiary for the purposes of section 4

of Pub. L. 85-861, which amended this section, see section 31 of

Pub. L. 85-861, set out as a note under section 2771 of Title 10,

Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 210 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 214. Presentation of United States flag upon retirement

-STATUTE-

(a) Presentation of flag

Upon the release of an officer of the commissioned corps of the

Service from active commissioned service for retirement, the

Secretary of Health and Human Services shall present a United

States flag to the officer.

(b) Multiple presentations not authorized

An officer is not eligible for presentation of a flag under

subsection (a) of this section if the officer has previously been

presented a flag under this section or any other provision of law

providing for the presentation of a United States flag incident to

release from active service for retirement.

(c) No cost to recipient

The presentation of a flag under this section shall be at no cost

to the recipient.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 213, as added Pub. L.

106-65, div. A, title VI, Sec. 652(b), Oct. 5, 1999, 113 Stat.

665.)

-MISC1-

PRIOR PROVISIONS

A prior section 214, acts July 1, 1944, ch. 373, title II, Sec.

213, 58 Stat. 689; Apr. 27, 1956, ch. 211, Sec. 2(a), 70 Stat. 116,

authorized allowances for uniforms, prior to repeal by Pub. L.

87-649, Sec. 14b, Sept. 7, 1962, 76 Stat. 499. See section 415 of

Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE

Section applicable with respect to releases from service

described in section on or after Oct. 1, 1999, see section 652(d)

of Pub. L. 106-65, set out as a note under section 12605 of Title

10, Armed Forces.

-End-

-CITE-

42 USC Sec. 214a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 214a. Repealed. Sept. 1, 1954, ch. 1211, Sec. 5, 68 Stat. 1130

-MISC1-

Section, act July 31, 1953, ch. 296, title II, Sec. 204, 67 Stat.

257, related to allowances for use of taxicabs, etc., around duty

posts. See section 408 of Title 37, Pay and Allowances of the

Uniformed Services.

-End-

-CITE-

42 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 215. Detail of Service personnel

-STATUTE-

(a) Other Government departments

The Secretary is authorized, upon the request of the head of an

executive department, to detail officers or employees of the

Service to such department for duty as agreed upon by the Secretary

and the head of such department in order to cooperate in, or

conduct work related to, the functions of such department or of the

Service. When officers or employees are so detailed their salaries

and allowances may be paid from working funds established as

provided by law or may be paid by the Service from applicable

appropriations and reimbursement may be made as agreed upon by the

Secretary and the head of the executive department concerned.

Officers detailed for duty with the Army, Air Force, Navy, or Coast

Guard shall be subject to the laws for the government of the

service to which detailed.

(b) State health or mental health authorities

Upon the request of any State health authority or, in the case of

work relating to mental health, any State mental health authority,

personnel of the Service may be detailed by the Surgeon General for

the purpose of assisting such State or a political subdivision

thereof in work related to the functions of the Service.

(c) Congressional committees and nonprofit educational, research,

or other institutions engaged in health activities for special

studies and dissemination of information

The Surgeon General may detail personnel of the Service to any

appropriate committee of the Congress or to nonprofit educational,

research (!1) or other institutions engaged in health activities

for special studies of scientific problems and for the

dissemination of information relating to public health.

(d) Availability of funds; reimbursement by State; detailed

services deemed service for computation of pay, promotion, etc.

Personnel detailed under subsections (b) and (c) of this section

shall be paid from applicable appropriations of the Service, except

that, in accordance with regulations such personnel may be placed

on leave without pay and paid by the State, subdivision, or

institution to which they are detailed. In the case of detail of

personnel under subsections (b) or (c) of this section to be paid

from applicable Service appropriations, the Secretary may condition

such detail on an agreement by the State, subdivision, or

institution concerned that such State, subdivision, or institution

concerned shall reimburse the United States for the amount of such

payments made by the Service. The services of personnel while

detailed pursuant to this section shall be considered as having

been performed in the Service for purposes of the computation of

basic pay, promotion, retirement, compensation for injury or death,

and the benefits provided by section 213 of this title.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 214, 58 Stat. 690; July 3,

1946, ch. 538, Sec. 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title

V, Sec. 521(e), 63 Stat. 835; 1953 Reorg. Plan No. 1, Secs. 5, 8,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96-76,

title III, Sec. 309, Sept. 29, 1979, 93 Stat. 585.)

-COD-

CODIFICATION

In subsec. (a), Air Force was inserted on the authority of

section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61

Stat. 502, which established a separate Department of the Air

Force, and Secretary of Defense Transfer Order No. 40 [App. A(74)],

July 22, 1949, which transferred certain functions, insofar as they

pertain to the Air Force, which were not previously transferred to

the Department of the Air Force and Secretary of the Air Force.

Section 207(a), (f) of act July 26, 1947, was repealed by section

53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act

Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections

8010 to 8013 continued the Department of the Air Force under the

administrative supervision of a Secretary of the Air Force.

-MISC1-

AMENDMENTS

1979 - Subsec. (c). Pub. L. 96-76, Sec. 309(a), inserted

provisions authorizing detail of personnel to appropriate

committees of Congress.

Subsec. (d). Pub. L. 96-76, Sec. 309(b), inserted provisions

relating to agreements by States, etc., for reimbursement upon

detail of personnel.

1949 - Subsec. (d). Act Oct. 12, 1949, substituted "the

computation of basic pay" for "longevity pay".

1946 - Subsec. (b). Act July 3, 1946, provided for detail of

personnel on request from a State mental health authority.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-MISC2-

TRANSFERS OF PERSONNEL OCCASIONED BY CREATION OF THE ENVIRONMENTAL

PROTECTION AGENCY

Pub. L. 91-604, Sec. 15(b)(1)-(8)(A), Dec. 31, 1970, 84 Stat.

1710-1712, provided that:

"(1) Subject to such requirements as the Civil Service Commission

may prescribe, any commissioned officer of the Public Health

Service (other than an officer who retires under section 211 of the

Public Health Service Act [section 212 of this title] after his

election but prior to his transfer pursuant to this paragraph and

paragraph (2)) who, upon the day before the effective date of

Reorganization Plan Numbered 3 of 1970 (hereinafter in this

subsection referred to as the 'plan'), is serving as such officer

(A) primarily in the performance of functions transferred by such

plan to the Environmental Protection Agency or its Administrator

(hereinafter in this subsection referred to as the 'Agency' and the

'Administrator,' respectively), may, if such officer so elects,

acquire competitive status and be transferred to a competitive

position in the Agency; or (B) primarily in the performance of

functions determined by the Secretary of Health, Education, and

Welfare (hereinafter in this subsection referred to as the

'Secretary') to be materially related to the functions so

transferred, may, if authorized by agreement between the Secretary

and the Administrator, and if such officer so elects, acquire such

status and be so transferred.

"(2) An election pursuant to paragraph (1) shall be effective

only if made in accordance with such procedures as may be

prescribed by the Civil Service Commission (A) before the close of

the 24th month after the effective date of the plan [Dec. 2, 1970],

or (B) in the case of a commissioned officer who would be liable

for training and service under the Military Selective Service Act

of 1967 [section 451 et seq. of Title 50, App., War and National

Defense] but for the operation of section 6(b)(3) thereof (50

U.S.C. App. 456(b)(3)), before (if it occurs later than the close

of such 24th month) the close of the 90th day after the day upon

which he has completed his 24th month of service as such officer.

"(3)(A) Except as provided in subparagraph (B), any commissioned

officer of the Public Health Service who, pursuant to paragraphs

(1) and (2), elects to transfer to a position in the Agency which

is subject to chapter 51 and subchapter III of chapter 53 of title

5, United States Code (hereinafter in this subsection referred to

as the 'transferring officer'), shall receive a pay rate of the

General Schedule grade of such position which is not less than the

sum of the following amounts computed as of the day preceding the

date of such election:

"(i) the basic pay, the special pay, the continuation pay, and

the subsistence and quarters allowances, to which he is annually

entitled as a commissioned officer of the Public Health Service

pursuant to title 37, United States Code;

"(ii) the amount of Federal income tax, as determined by

estimate of the Secretary, which the transferring officer, had he

remained a commissioned officer, would have been required to pay

on his subsistence and quarters allowances for the taxable year

then current if they had not been tax free;

"(iii) an amount equal to the biweekly average cost of the

coverages designated 'high option, self and family' under the

Government-wide Federal employee health benefits programs plans,

multiplied by twenty-six; and

"(iv) an amount equal to 7 per centum of the sum of the amounts

determined under clauses (i) through (iii), inclusive.

"(B) A transferring officer shall in no event receive, pursuant

to subparagraph (A), a pay rate in excess of the maximum rate

applicable under the General Schedule to the class of position, as

established under chapter 51 of title 5, United States Code, to

which such officer is transferred pursuant to paragraphs (1) and

(2).

"(4)(A) A transferring officer shall be credited, on the day of

his transfer pursuant to his election under paragraphs (1) and (2),

with one hour of sick leave for each week of active service, as

defined by section 211(d) of the Public Health Service Act [section

212(d) of this title].

"(B) The annual leave to the credit of a transferring officer on

the day before the day of his transfer, shall, on such day of

transfer, be transferred to his credit in the Agency on an adjusted

basis under regulations prescribed by the Civil Service Commission.

The portion of such leave, if any, that is in excess of the sum of

(i) 240 hours, and (ii) the number of hours that have accrued to

the credit of the transferring officer during the calendar year

then current and which remain unused, shall thereafter remain to

his credit until used, and shall be reduced in the manner described

by subsection (c) of section 6304 of title 5, United States Code.

"(5) A transferring officer who is required to change his

official station as a result of his transfer under this subsection

shall be paid such travel, transportation, and related expenses and

allowances, as would be provided pursuant to subchapter II of

chapter 57 of title 5, United States Code, in the case of a

civilian employee so transferred in the interest of the Government.

Such officer shall not (either at the time of such transfer or upon

a subsequent separation from the competitive service) be deemed to

have separated from, or changed permanent station within, a

uniformed service for purposes of section 404 of title 37, United

States Code.

"(6) Each transferring officer who prior to January 1, 1958, was

insured pursuant to the Federal Employees' Group Life Insurance Act

of 1954, and who subsequently waived such insurance, shall be

entitled to become insured under chapter 87 of title 5, United

States Code, upon his transfer to the Agency regardless of age and

insurability.

"(7)(A) Effective as of the date a transferring officer acquires

competitive status as an employee of the Agency, there shall be

considered as the civilian service of such officer for all purposes

of chapter 83, title 5, United States Code, (i) his active service

as defined by section 211(d) of the Public Health Service Act

[section 212(d) of this title], or (ii) any period for which he

would have been entitled, upon his retirement as a commissioned

officer of the Public Health Service, to receive retired pay

pursuant to section 211(a)(4)(B) of such Act [section 212(a)(4)(B)

of this title]; however, no transferring officer may become

entitled to benefits under both subchapter III of such chapter and

title II of the Social Security Act [section 401 et seq. of this

title] based on service as such a commissioned officer performed

after 1956, but the individual (or his survivors) may irrevocably

elect to waive benefit credit for the service under one such law to

secure credit under the other.

"(B) A transferring officer on whose behalf a deposit is required

to be made by subparagraph (C) and who, after transfer to a

competitive position in the Agency under paragraphs (1) and (2), is

separated from Federal service or transfers to a position not

covered by subchapter III of chapter 83 of title 5, United States

Code, shall not be entitled, nor shall his survivors be entitled,

to a refund of any amount deposited on his behalf in accordance

with this section. In the event he transfers, after transfer under

paragraphs (1) and (2), to a position covered by another Government

staff requirement system under which credit is allowable for

service with respect to which a deposit is required under

subparagraph (C), no credit shall be allowed under such subchapter

III with respect to such service.

"(C) The Secretary shall deposit in the Treasury of the United

States to the credit of the Civil Service Retirement and Disability

Fund, on behalf of and to the credit of such transferring officer,

an amount equal to that which such individual would be required to

deposit in such fund to cover the years of service credited to him

for purposes of his retirement under subparagraph (A), had such

service been service as an employee as defined in section 8331(1)

of title 5, United States Code. The amount so required to be

deposited with respect to any transferring officer shall be

computed on the basis of the sum of each of the amounts described

in paragraph (3)(A) which were received by, or accrued to the

benefit of, such officer during the years so credited. The deposits

which the Secretary is required to make under this subparagraph

with respect to any transferring officer shall be made within two

years after the date of his transfer as provided in paragraphs (1)

and (2), and the amounts due under this subparagraph shall include

interest computed from the period of service credited to the date

of payment in accordance with section 8334(e) of title 5, United

States Code.

"(8)(A) A commissioned officer of the Public Health Service, who,

upon the day before the effective date of the plan, is on active

service therewith primarily assigned to the performance of

functions described in paragraph (1)(A), shall, while he remains in

active service, as defined by section 211(d) of the Public Health

Service Act [section 212(d) of this title], be assigned to the

performance of duties with the Agency, except as the Secretary and

the Administrator may jointly otherwise provide."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 254d, 2004b of this

title; title 25 section 1616a.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 216 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 216. Regulations

-STATUTE-

(a) Prescription by President: appointments, retirement, etc.

The President shall from time to time prescribe regulations with

respect to the appointment, promotion, retirement, termination of

commission, titles, pay, uniforms, allowances (including increased

allowances for foreign service), and discipline of the commissioned

corps of the Service.

(b) Promulgation by Surgeon General; administration of Service

The Surgeon General, with the approval of the Secretary, unless

specifically otherwise provided, shall promulgate all other

regulations necessary to the administration of the Service,

including regulations with respect to uniforms for employees, and

regulations with respect to the custody, use, and preservation of

the records, papers, and property of the Service.

(c) Preference to school of medicine

No regulation relating to qualifications for appointment of

medical officers or employees shall give preference to any school

of medicine.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 215, 58 Stat. 690; Oct. 12,

1949, ch. 681, title V, Sec. 521(f), 63 Stat. 835; 1953 Reorg. Plan

No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

-MISC1-

AMENDMENTS

1949 - Subsec. (b). Act Oct. 12, 1949, struck out references to

travel and transportation of household goods and effects.

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see

section 533(a) of act Oct. 12, 1949, set out as a note under

section 854a of Title 33, Navigation and Navigable Waters.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, January 30, 1964, 29 F.R. 1637,

as amended, set out as a note under section 202 of this title.

-End-

-CITE-

42 USC Sec. 217 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 217. Use of Service in time of war or emergency

-STATUTE-

In time of war, or of emergency proclaimed by the President, he

may utilize the Service to such extent and in such manner as shall

in his judgment promote the public interest. In time of war, or of

emergency involving the national defense proclaimed by the

President, he may by Executive order declare the commissioned corps

of the Service to be a military service. Upon such declaration, and

during the period of such war or such emergency or such part

thereof as the President shall prescribe, the commissioned corps

(a) shall constitute a branch of the land and naval forces of the

United States, (b) shall, to the extent prescribed by regulations

of the President, be subject to the Uniform Code of Military

Justice [10 U.S.C. 801 et seq.], and (c) shall continue to operate

as part of the Service except to the extent that the President may

direct as Commander in Chief.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 216, 58 Stat. 690; Apr. 27,

1956, ch. 211, Sec. 1, 70 Stat. 116.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in text, is

classified to chapter 47 (Sec. 801 et seq.) of Title 10, Armed

Forces.

-MISC1-

AMENDMENTS

1956 - Act Apr. 27, 1956, empowered President to declare

commissioned corps of the Service to be a military service in time

of emergency involving national defense, and substituted "the

Uniform Code of Military Justice" for "the Articles of War and to

the Articles for the Government of the Navy".

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334,

repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended

by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June

14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526,

66 Stat. 296, which continued provisions until July 3, 1952. This

repeal shall take effect as of June 16, 1952, by section 7 of said

Joint Res. July 3, 1952.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-EXEC-

EXECUTIVE ORDER NO. 9575

Ex. Ord. No. 9575, eff. June 28, 1945, 10 F.R. 7895, which

declared the Commissioned Corps of the Public Health Service to be

a military service subject to the Articles for the Government of

the Navy as therein prescribed, was superseded by Ex. Ord. No.

10349, eff. Apr. 28, 1952, 17 F.R. 3769.

EXECUTIVE ORDER NO. 10349

Ex. Ord. No. 10349, eff. Apr. 28, 1952, 17 F.R. 3769, superseded

Ex. Ord. No. 9575, and subjected the Commissioned Corps of the

Public Health Service to the provisions of the Uniform Code of

Military Justice until June 1, 1952.

EXECUTIVE ORDER NO. 10356

Ex. Ord. No. 10356, eff. June 2, 1952, 17 F.R. 4967, amended Ex.

Ord. No. 10349, and extended from June 1, 1952, to June 15, 1952,

the period during which the Commissioned Corps of the Public Health

Service was subject to the provisions of the Uniform Code of

Military justice.

EXECUTIVE ORDER NO. 10362

Ex. Ord. No. 10362, eff. June 14, 1952, 17 F.R. 5413, amended Ex.

Ord. No. 10356, and extended from June 15, 1952, to June 30, 1952,

the period during which the Commissioned Corps of the Public Health

Service was subject to the Uniform Code of Military Justice.

EXECUTIVE ORDER NO. 10367

Ex. Ord. No. 10367, eff. June 30, 1952, 17 F.R. 5929, amended Ex.

Ord. No. 10362, and extended from June 30, 1952, to July 3, 1952,

the period during which the Commissioned Corps of the Public Health

Service was subject to the Uniform Code of Military Justice.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 254d of this title.

-End-

-CITE-

42 USC Sec. 217a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 217a. Advisory councils or committees

-STATUTE-

(a) Appointment; purpose

The Secretary may, without regard to the provisions of title 5

governing appointments in the competitive service, and without

regard to the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General

Schedule pay rates, from time to time, appoint such advisory

councils or committees (in addition to those authorized to be

established under other provisions of law), for such periods of

time, as he deems desirable with such period commencing on a date

specified by the Secretary for the purpose of advising him in

connection with any of his functions.

(b) Compensation and allowances of members not full-time employees

of United States

Members of any advisory council or committee appointed under this

section who are not regular full-time employees of the United

States shall, while attending meetings or conferences of such

council or committee or otherwise engaged on business of such

council or committee receive compensation and allowances as

provided in section 210(c) of this title for members of national

advisory councils established under this chapter.

(c) Delegation of functions

Upon appointment of any such council or committee, the Secretary

may delegate to such council or committee such advisory functions

relating to grants-in-aid for research or training projects or

programs, in the areas or fields with which such council or

committee is concerned, as the Secretary determines to be

appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 222, as added Pub. L.

87-838, Sec. 3, Oct. 17, 1962, 76 Stat. 1073; amended Pub. L.

91-515, title VI, Sec. 601(a)(3), (c), Oct. 30, 1970, 84 Stat.

1310, 1311; Pub. L. 99-158, Sec. 3(a)(4), Nov. 20, 1985, 99 Stat.

879.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of Title 5.

-MISC1-

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-158 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: "Upon appointment

of any such council or committee, the Surgeon General, with the

approval of the Secretary, may transfer such of the functions of

the National Advisory Health Council relating to grants-in-aid for

research or training projects or programs in the areas or fields

with which such council or committee is concerned as he determines

to be appropriate."

1970 - Subsec. (a). Pub. L. 91-515, Sec. 601(c)(1), substituted

provisions authorizing the Secretary to appoint advisory councils

or committees without regard to specified provisions governing

appointments in the competitive service and relating to

classification and General Schedule pay rates, for provisions

authorizing the Surgeon General to appoint advisory committees

without regard to the civil service laws and subject to the

Secretary's approval in such cases as he prescribed.

Subsec. (b). Pub. L. 91-515, Sec. 601(a)(3), inserted "council

or" before "committee" wherever appearing.

Subsec. (c). Pub. L. 91-515, Sec. 601(a)(3), (c)(2), inserted

"council or" before "committee" wherever appearing, and "or

programs" after "projects".

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES; REPORT BY SECRETARY TO

CONGRESSIONAL COMMITTEES RELATING TO TERMINATION

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, provided

that:

"(a) An advisory committee established by or pursuant to the

Public Health Service Act [section 201 et seq. of this title], the

Mental Retardation Facilities and Community Mental Health Centers

Construction Act of 1963 [sections 2689 et seq. and 6001 et seq. of

this title], or the Comprehensive Alcohol Abuse and Alcoholism

Prevention, Treatment, and Rehabilitation Act of 1970 [section 4541

et seq. of this title] shall terminate at such time as may be

specifically prescribed by an Act of Congress enacted after the

date of the enactment of this Act [Jan. 4, 1975].

"(b) The Secretary of Health, Education, and Welfare shall

report, within one year after the date of the enactment of the Act

[Jan. 4, 1975], to the Committee on Labor and Public Welfare of the

Senate and the Committee on Interstate and Foreign Commerce of the

House of Representatives (1) the purpose and use of each advisory

committee established by or pursuant to the Public Health Service

Act, the Mental Retardation Facilities and Community Mental Health

Centers Construction Act of 1963, or the Comprehensive Alcohol

Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act

of 1970 and (2) his recommendations respecting the termination of

each such advisory committee."

-End-

-CITE-

42 USC Sec. 217a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 217a-1. Advisory committees; prohibition of consideration of

political affiliations

-STATUTE-

All appointments to advisory committees established to assist in

implementing the Public Health Service Act [42 U.S.C. 201 et seq.],

the Mental Retardation Facilities and Community Mental Health

Centers Construction Act of 1963 [42 U.S.C. 2689 et seq., 6000 et

seq.], and the Comprehensive Alcohol Abuse and Alcoholism

Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C.

4541 et seq.], shall be made without regard to political

affiliation.

-SOURCE-

(Pub. L. 94-278, title X, Sec. 1001, Apr. 22, 1976, 90 Stat. 415.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in text, is act July

1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified

generally to this chapter (Sec. 201 et seq.). For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of this title and Tables.

The Mental Retardation Facilities and Community Mental Health

Centers Construction Act of 1963, referred to in text, is Pub. L.

88-164, Oct. 31, 1963, 77 Stat. 282, as amended. Title I of the

Act, known as the Developmental Disabilities Assistance and Bill of

Rights Act, was classified principally to chapter 75 (Sec. 6000 et

seq.) of this title, prior to repeal by Pub. L. 106-402, title IV,

Sec. 401(a), Oct. 30, 2000, 114 Stat. 1737. Title II of the Act,

known as the Community Mental Health Centers Act, was classified

principally to subchapter III (Sec. 2689 et seq.) of chapter 33 of

this title, prior to repeal by Pub. L. 97-35, title IX, Sec.

902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. Title IV of the Act was

classified generally to subchapter IV (Sec. 2691 et seq.) of

chapter 33 of this title, prior to repeal by Pub. L. 94-103, title

III, Sec. 302(c), Oct. 4, 1975, 89 Stat. 507. Title III of the Act

which amended provisions in Title 20, Education, and Title V of the

Act which was classified generally to subchapter V (Sec. 2698 et

seq.) of chapter 33 of this title, were repealed by Pub. L. 91-230,

title VI, Sec. 662(4), Apr. 13, 1970, 84 Stat. 188. For complete

classification of this Act to the Code, see Short Title note set

out under section 6000 of this title and Tables.

The Comprehensive Alcohol Abuse and Alcoholism Prevention,

Treatment, and Rehabilitation Act of 1970, referred to in text, is

Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, which is

classified principally to chapter 60 (Sec. 4541 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 4541 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as a part of the Public Health Service

Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 217b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 217b. Volunteer services

-STATUTE-

Subject to regulations, volunteer and uncompensated services may

be accepted by the Secretary, or by any other officer or employee

of the Department of Health and Human Services designated by him,

for use in the operation of any health care facility or in the

provision of health care.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 223, as added Pub. L.

90-174, Sec. 6, Dec. 5, 1967, 81 Stat. 539; amended Pub. L. 103-43,

title XX, Sec. 2008(h), June 10, 1993, 107 Stat. 212.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43 substituted "Health and Human Services" for

"Health, Education, and Welfare".

-End-

-CITE-

42 USC Sec. 218 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 218. National Advisory Councils on Migrant Health

-STATUTE-

(a) Appointment; duties

Within 120 days of July 29, 1975, the Secretary shall appoint and

organize a National Advisory Council on Migrant Health (hereinafter

in this subsection referred to as the "Council") which shall

advise, consult with, and make recommendations to, the Secretary on

matters concerning the organization, operation, selection, and

funding of migrant health centers and other entities under grants

and contracts under section 254b (!1) of this title.

(b) Membership

The Council shall consist of fifteen members, at least twelve of

whom shall be members of the governing boards of migrant health

centers or other entities assisted under section 254b (!1) of this

title. Of such twelve members who are members of such governing

boards, at least nine shall be chosen from among those members of

such governing boards who are being served by such centers or

grantees and who are familiar with the delivery of health care to

migratory agricultural workers and seasonal agricultural workers.

The remaining three Council members shall be individuals qualified

by training and experience in the medical sciences or in the

administration of health programs.

(c) Terms of office

Each member of the Council shall hold office for a term of four

years, except that (1) any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder of

such term; and (2) the terms of the members first taking office

after July 29, 1975, shall expire as follows: four shall expire

four years after such date, four shall expire three years after

such date, four shall expire two years after such date, and three

shall expire one year after such date, as designated by the

Secretary at the time of appointment.

(d) Applicability of section 14(a) of Federal Advisory Committee

Act

Section 14(a) of the Federal Advisory Committee Act shall not

apply to the Council.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 217, 58 Stat. 691; July 3,

1946, ch. 538, Sec. 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481,

Secs. 4(a)-(c), 6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621,

Sec. 4(a)-(c), 62 Stat. 600; Aug. 15, 1950, ch. 714, Sec. 3(a)-(d),

64 Stat. 446; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11,

1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 91-515, title VI, Sec.

601(a)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 91-616, title IV,

Sec. 401, Dec. 31, 1970, 84 Stat. 1853; Pub. L. 92-157, title III,

Sec. 301(b), Nov. 18, 1971, 85 Stat. 463; Pub. L. 92-218, Sec.

6(a)(1), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-255, title V, Sec.

502(a), Mar. 21, 1972, 86 Stat. 85; Pub. L. 92-423, Sec. 7(a),

Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-348, title II, Sec.

211(a), July 12, 1974, 88 Stat. 351; Pub. L. 94-63, title IV, Sec.

401(b), July 29, 1975, 89 Stat. 341; Pub. L. 94-371, Sec. 9, July

26, 1976, 90 Stat. 1040; Pub. L. 95-622, title III, Sec. 302(b),

Nov. 9, 1978, 92 Stat. 3442; Pub. L. 95-626, title I, Sec.

102(b)(1), Nov. 10, 1978, 92 Stat. 3551; Pub. L. 96-180, Sec. 13,

Jan. 2, 1980, 93 Stat. 1304; Pub. L. 96-181, Sec. 14, Jan. 2, 1980,

93 Stat. 1315; Pub. L. 98-24, Sec. 2(a)(2), Apr. 26, 1983, 97 Stat.

176; Pub. L. 98-509, title III, Sec. 302, Oct. 19, 1984, 98 Stat.

2364; Pub. L. 99-158, Sec. 3(a)(2), (3), Nov. 20, 1985, 99 Stat.

878, 879; Pub. L. 99-570, title IV, Sec. 4004(c), Oct. 27, 1986,

100 Stat. 3207-111; Pub. L. 99-660, title III, Sec. 311(b)(1), Nov.

14, 1986, 100 Stat. 3779.)

-REFTEXT-

REFERENCES IN TEXT

Section 254b of this title, referred to in subsecs. (a) and (b),

was in the original a reference to section 329, meaning section 329

of act July 1, 1944, which was omitted in the general amendment of

subpart I (Sec. 254b et seq.) of part D of subchapter II of this

chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110 Stat. 3626.

Section 2 of Pub. L. 104-299 enacted a new section 330 of act July

1, 1944, which is classified to section 254b of this title.

Section 14(a) of the Federal Advisory Committee Act, referred to

in subsec. (d), is section 14(a) of Pub. L. 92-463, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-570 redesignated former subsec. (e)(1) to (4)

as subsecs. (a) to (d), respectively, in subsec. (c), further

redesignated former cls. (A) and (B) as (1) and (2), respectively,

and struck out former subsecs. (a) to (d), which related,

respectively, to composition, qualifications, appointment and

tenure of the National Advisory Mental Health Council and the

National Advisory Council on Alcohol Abuse and Alcoholism; duties

of the National Advisory Mental Health Council; duties of the

National Advisory Council on Alcohol Abuse and Alcoholism; and the

composition, qualifications, and duties of the National Advisory

Council on Drug Abuse.

Subsec. (c). Pub. L. 99-660 which directed that "section 300cc of

this title" be substituted for "section 300aa of this title" could

not be executed because the reference in question appeared in

former subsec. (c) which was repealed by Pub. L. 99-570.

1985 - Subsec. (a). Pub. L. 99-158, Sec. 3(a)(2)(A), in first

sentence substituted "National Advisory Mental Health Council and

the National Advisory Council on Alcohol Abuse and Alcoholism" for

"National Advisory Health Council, the National Advisory Mental

Health Council, the National Advisory Council on Alcohol Abuse and

Alcoholism, and the National Advisory Dental Research Council", and

substituted "by the Secretary" for "by the Surgeon General with the

approval of the Secretary of Health, Education, and Welfare".

Pub. L. 99-158, Sec. 3(a)(2)(B)(i), in second sentence struck out

"in the case of the National Advisory Health Council, are skilled

in the sciences related to health, and" after "scientific

authorities who,".

Pub. L. 99-158, Sec. 3(a)(2)(B)(ii), which directed the

substitution in second sentence of "the National Advisory Mental

Health Council and the National Advisory Council on Alcohol Abuse

and Alcoholism" for "the National Advisory Mental Health Council,

the National Advisory Council on Alcohol Abuse and Alcoholism, the

National Advisory Heart Council, and the National Advisory Dental

Research Council" was executed by making the substitution for "the

National Advisory Mental Health Council, the National Advisory

Council on Alcohol Abuse and Alcoholism, and the National Advisory

Dental Research Council" as the probable intent of Congress in view

of the prior deletion of "the National Advisory Heart Council," by

Pub. L. 92-423. See 1972 Amendment note below.

Pub. L. 99-158, Sec. 3(a)(2)(B)(iii), in second sentence

substituted "and alcohol abuse and alcoholism" for ", alcohol abuse

and alcoholism, and dental diseases and conditions".

Pub. L. 99-158, Sec. 3(a)(2)(C), struck out third sentence which

provided that in the case of the National Advisory Dental Research

Council, four of the six members selected from among the leading

medical or scientific authorities be dentists.

Subsec. (b). Pub. L. 99-158, Sec. 3(a)(3), redesignated subsec.

(c) as (b) and struck out former subsec. (b) which related to the

duties of the National Advisory Health Council.

Subsecs. (c) to (e), (g). Pub. L. 99-158, Sec. 3(a)(3),

redesignated subsecs. (d), (e), and (g) as (c), (d), and (e),

respectively.

1984 - Subsec. (a). Pub. L. 98-509 inserted provision requiring

the Secretary to assure that the membership of the National

Advisory Council on Alcohol Abuse and Alcoholism is broadly

representative of experts in the fields of prevention, research,

and treatment of alcohol abuse, alcoholism, and rehabilitation of

alcohol abusers.

1983 - Subsecs. (c), (d). Pub. L. 98-24 substituted "section

300aa of this title" for "section 219 of this title".

1980 - Subsec. (a). Pub. L. 96-180 authorized appointees to serve

after the expiration of their terms until their successors have

taken office.

Subsec. (e)(1). Pub. L. 96-181, in provisions relating to the

eligibility for selection of members, inserted officers or

employees of State and local drug abuse agencies, and inserted

provision that appointed members may serve after the expiration of

their terms until their successors have taken office.

1978 - Subsec. (f). Pub. L. 95-622 struck out subsec. (f) which

related to the establishment of a National Advisory Council for the

Protection of Subjects of Biomedical and Behavioral Research.

Subsec. (g)(1), (2). Pub. L. 95-626 substituted "section 254b"

for "section 247d".

1976 - Subsec. (d). Pub. L. 94-371 inserted provision that the

Council advise the Secretary regarding policies and priorities with

respect to grants and contracts in the field of alcohol abuse and

alcoholism.

1975 - Subsec. (g). Pub. L. 94-63 added subsec. (g).

1974 - Subsec. (f). Pub. L. 93-348 added subsec. (f).

1972 - Subsec. (a). Pub. L. 92-423, Sec. 7(a)(1), (2), struck out

"the National Advisory Heart Council," after "the National Advisory

Council on Alcohol Abuse and Alcoholism" in two places and "heart

diseases," after "alcohol abuse and alcoholism,", respectively.

Subsec. (b). Pub. L. 92-423, Sec. 7(a)(2), struck out "heart,"

after "alcohol abuse and alcoholism,".

Subsec. (e). Pub. L. 92-255 added subsec. (e).

1971 - Subsec. (a). Pub. L. 92-218, Sec. 6(a)(1)(A), (B), struck

out reference to National Advisory Cancer Council before National

Advisory Mental Health Council in two places and struck out

"cancer," before "psychiatric disorders".

Pub. L. 92-157 substituted "National Advisory Council on Alcohol

Abuse and Alcoholism" for "National Advisory Council on Alcoholic

Abuse and Alcoholism" in second sentence.

Subsec. (b). Pub. L. 92-218, Sec. 6(a)(1)(B), struck out

"cancer," before "mental health" in listing of various diseases.

1970 - Subsec. (a). Pub. L. 91-616, Sec. 401(a), made subsection

applicable to National Advisory Council on Alcohol Abuse and

Alcoholism, and inserted alcohol abuse and alcoholism to

enumeration of diseases concerning which members of such Council

must be skilled, and prescribed manner in which terms of members of

Council would expire.

Subsec. (b). Pub. L. 91-616, Sec. 401(b), inserted reference to

National Advisory Council on Alcohol Abuse and Alcoholism

authorizing the Surgeon General to utilize the services of members

of such Council for additional periods.

Pub. L. 91-515 inserted "or committees" after "councils".

Subsec. (d). Pub. L. 91-616, Sec. 401(c), added subsec. (d).

1950 - Act Aug. 15, 1950, Sec. 3(d), amended section catchline to

reflect addition of new advisory councils.

Subsec. (a). Act Aug. 15, 1950, Sec. 3(a), applied provisions to

all of the advisory councils with regard to composition,

qualifications, and appointment and tenure of members.

Subsec. (b). Act Aug. 15, 1950, Sec. 3(b), made subsection also

applicable to new advisory councils.

Subsec. (c). Act Aug. 15, 1950, Sec. 3(c), redesignated subsec.

(e) as (c) and repealed former subsec. (c).

Subsecs. (d), (f), (g). Act. Aug. 15, 1950, Sec. 3(c), repealed

subsecs. (d), (f), and (g).

1948 - Acts June 16, 1948, Sec. 4(c), and June 24, 1948, Sec.

4(c), included in section catchline the National Advisory Heart and

Dental Research Councils, respectively.

Subsec. (a). Act June 16, 1948, Sec. 6(b), substituted "National

Institutes of Health" for "National Institute of Health" in second

sentence.

Subsec. (b). Acts June 16, 1948, Sec. 4(b), and June 24, 1948,

Sec. 4(b), made subsection applicable to the National Advisory

Heart Council and the National Advisory Dental Research Council,

respectively.

Subsec. (f). Act June 16, 1948, Sec. 4(a), added subsec. (f)

which established the National Advisory Heart Council.

Subsec. (g). Act June 24, 1948, Sec. 4(a), added subsec. (g)

which established the National Advisory Dental Research Council.

1946 - Act July 3, 1946, inserted "Mental Health" in section

catchline.

Subsec. (b). Act July 3, 1946, inserted "or of the National

Advisory Mental Health Council".

Subsecs. (d), (e). Act July 3, 1946, added subsecs. (d) and (e).

EFFECTIVE DATE OF 1978 AMENDMENT

Section 302(b) of Pub. L. 95-622 provided that the amendment made

by that section is effective Nov. 1, 1978.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-63 effective July 1, 1975, see section

608 of Pub. L. 94-63, set out as a note under section 247b of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278,

title III, Sec. 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L.

94-573, Sec. 18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203,

Sec. 5(b), Nov. 23, 1977, 91 Stat. 1454, provided that: "The

amendment made by subsection (a) [amending this section] shall take

effect November 1, 1978."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 9 of Pub. L. 92-423 provided that: "This Act and the

amendments made by this Act [see Short Title of 1972 Amendment note

under section 201 of this title] shall take effect sixty days after

the date of enactment of this Act [Sept. 19, 1972] or on such prior

date after the date of enactment of this Act as the President shall

prescribe and publish in the Federal Register."

EFFECTIVE DATE OF 1971 AMENDMENT

Section 7 of Pub. L. 92-218 provided that:

"(a) This Act and the amendments made by this Act [enacting

sections 286a to 286g and 289l of this title, amending this section

and sections 241, 282, 283, and 284 of this title, and enacting

provisions set out as notes under sections 281 and 286 of this

title] shall take effect sixty days after the date of enactment of

this Act [Dec. 23, 1971] or on such prior date after the date of

enactment of this Act as the President shall prescribe and publish

in the Federal Register.

"(b) The first sentence of section 454 of the Public Health

Service Act [section 289l of this title] (added by section 5 of

this Act) shall apply only with respect to appointments made after

the effective date of this Act (as prescribed by subsection (a)).

"(c) Notwithstanding the provisions of subsection (a), members of

the National Cancer Advisory Board (authorized under section 410B

of the Public Health Service Act, as added by this Act) [section

286f of this title] may be appointed, in the manner provided for in

such section, at any time after the date of enactment of this Act

[Dec. 23, 1971]. Such officers shall be compensated from the date

they first take office, at the rates provided for in such section

410B [section 286f of this title]."

EFFECTIVE DATE OF 1950 AMENDMENT

Section 3(a), (c) of act Aug. 15, 1950, provided that the

amendments and repeals made by that section are effective Oct. 1,

1950.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

For transfer of certain membership functions, insofar as they

pertain to the Air Force, which functions were not previously

transferred from Secretary of the Army to Secretary of the Air

Force and from Department of the Army to Department of the Air

Force, see Secretary of Defense Transfer Order No. 40 [App. C(7)],

July 22, 1949.

-MISC2-

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

EXPIRATION OF TERMS OF OFFICE ON SEPTEMBER 30, 1950

Section 3(c) of act Aug. 15, 1950, provided in part that terms of

office as members of national advisory councils pursuant to this

section subsisting on Sept. 30, 1950, shall expire at the close of

business on such day.

TERMINATION OF NATIONAL ADVISORY HEALTH COUNCIL

Section 3(a)(1) of Pub. L. 99-158 provided that: "The National

Advisory Health Council established under section 217 [this

section] is terminated."

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 218a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 218a. Training of officers

-STATUTE-

(a) In general

Appropriations available for the pay and allowances of

commissioned officers of the Service shall also be available for

the pay and allowances of any such officer on active duty while

attending any Federal or non-Federal educational institution or

training program and, subject to regulations of the President and

to the limitation prescribed in such appropriations, for payment of

his tuition, fees, and other necessary expenses incident to such

attendance.

(b) Voluntary separation within period subsequent to attendance

Any officer whose tuition, fees, and other necessary expenses are

paid pursuant to subsection (a) of this section while attending an

educational institution or training program for a period in excess

of thirty days shall be obligated to pay to the Service an amount

equal to two times the total amount of such tuition, fees, and

other necessary expenses received by such officer during such

period, and two times the total amount of any compensation received

by, and any allowance paid to, such officer during such period, if

after return to active service such officer voluntarily leaves the

Service within (1) six months, or (2) twice the period of such

attendance, whichever is greater. Such subsequent period of service

shall commence upon the cessation of such attendance and of any

further continuous period of training duty for which no tuition and

fees are paid by the Service and which is part of the officer's

prescribed formal training program, whether such further training

is at a Service facility or otherwise. The Surgeon General may

waive, in whole or in part, any payment which may be required by

this subsection upon a determination that such payment would be

inequitable or would not be in the public interest.

(c) Training in leave without pay status

A commissioned officer may be placed in leave without pay status

while attending an educational institution or training program

whenever the Secretary determines that such status is in the best

interest of the Service. For purposes of computation of basic pay,

promotion, retirement, compensation for injury or death, and the

benefits provided by sections 213 and 233 of this title, an officer

in such status pursuant to the preceding sentence shall be

considered as performing service in the Service and shall have an

active service obligation as set forth in subsection (b) of this

section.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 218, as added Feb. 28, 1948,

ch. 83, Sec. 8, 62 Stat. 47; amended Apr. 27, 1956, ch. 211, Sec.

6, 70 Stat. 117; Pub. L. 96-76, title III, Sec. 310, Sept. 29,

1979, 93 Stat. 585; Pub. L. 105-392, title IV, Sec. 402(b), Nov.

13, 1998, 112 Stat. 3588.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-392 added subsec. (c).

1979 - Subsec. (b). Pub. L. 96-76 substituted provisions relating

to payment by an officer to the Service upon voluntary separation

of two times the total amount of tuition, fees, and other necessary

expenses received by such officer and two times the total amount of

any compensation received by, and any allowance paid to, such

officer, for provisions relating to reimbursement by the officer to

the Service upon voluntary separation of tuition and fees and in

last sentence substituted "payment" for "reimbursement" wherever

appearing.

1956 - Subsec. (a). Act Apr. 27, 1956, Sec. 6(a), authorized

training of all officers of the Service, and substituted "any

Federal or non-Federal educational institution or training program"

for "any educational institution".

Subsec. (b). Act Apr. 27, 1956, Sec. 6(b), required reimbursement

of tuition and fees by officers who receive training in excess of

30 days and who voluntarily leave the Service within a period of

time which is equal to twice the period of such training, with a

minimum period of six months of service, and a maximum period of

two years, and permitted the Surgeon General to waive any

reimbursement.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as

amended, set out as a note under section 202 of this title.

-End-

-CITE-

42 USC Secs. 219 to 224 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Secs. 219 to 224. Transferred

-COD-

CODIFICATION

Section 219, acts July 1, 1944, ch. 373, title V, Sec. 501, 58

Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16,

1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1,

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct.

15, 1968, Pub. L. 90-574, title V, Sec. 503(b), 82 Stat. 1012; Oct.

17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, which

related to gifts for the benefit of the Service, was successively

renumbered by subsequent acts and transferred, see section 238 of

this title.

Section 220, act July 1, 1944, ch. 373, title V, Sec. 502, 58

Stat. 710, which related to use of immigration station hospitals,

was successively renumbered by subsequent acts and transferred, see

section 238a of this title.

Section 221, act July 1, 1944, ch. 373, title V, Sec. 503, 58

Stat. 710, which related to disposition of money collected for care

of patients, was successively renumbered by subsequent acts and

transferred, see section 238b of this title.

Section 222, acts July 1, 1944, ch. 373, title V, Sec. 504, 58

Stat. 710, June 25, 1948, ch. 654, Sec. 6, 62 Stat. 1018; 1953

Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631, which related to care of Service patients at Saint

Elizabeths Hospital, was renumbered section 2104 of act July 1,

1944, by Pub. L. 98-24 and transferred to section 300aa-3 of this

title, renumbered section 2304 of act July 1, 1944, by Pub. L.

99-660 and transferred to section 300cc-3 of this title, and was

repealed by Pub. L. 98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat.

3381.

Section 223, act July 1, 1944, ch. 373, title V, Sec. 505, 58

Stat. 710; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953,

18 F.R. 2053, 67 Stat. 631, which related to settlement of claims,

was renumbered section 2105 of act July 1, 1944, by Pub. L. 98-24

and transferred to section 300aa-4 of this title, and was repealed

by Pub. L. 99-117, Sec. 12(f), Oct. 7, 1985, 99 Stat. 495. See

section 300cc-4 of this title.

Section 224, acts July 1, 1944, ch. 373, title V, Sec. 506, 58

Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat. 481, which

related to transportation of remains of officers, was successively

renumbered by subsequent acts and transferred, see section 238c of

this title.

A new title V (Sec. 501 et seq.) of the Public Health Service Act

was added by Pub. L. 98-24, Sec. 2(b), Apr. 26, 1983, 97 Stat. 177,

and is classified to subchapter III-A (Sec. 290aa et seq. of this

title).

-End-

-CITE-

42 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 225. Repealed. July 12, 1955, ch. 328, Sec. 5(4), 69 Stat. 296

-MISC1-

Section, acts July 1, 1944, ch. 373, title V, Sec. 507, 58 Stat.

711; Feb. 25, 1946, ch. 35, Sec. 2, 60 Stat. 30, provided for

settlement of accounts of deceased officers. See section 2771 of

Title 10, Armed Forces, and section 714 of Title 32, National

Guard.

EFFECTIVE DATE OF REPEAL

Repeal effective as of effective date of payment provisions of

sections 361 to 365 of former Title 37, Pay and Allowances, except

with respect to the deaths of members, see section 5 of act July

12, 1955.

-End-

-CITE-

42 USC Secs. 225a to 227 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Secs. 225a to 227. Transferred

-COD-

CODIFICATION

Section 225a, act July 1, 1944, ch. 373, title V, Sec. 507, as

added June 24, 1967, Pub. L. 90-31, Sec. 5, 81 Stat. 79; amended

Oct. 27, 1970, Pub. L. 91-513, title I, Sec. 3(c), 84 Stat. 1241;

Apr. 22, 1976, Pub. L. 94-278, title XI, Sec. 1102(b), 90 Stat.

415; Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec. 804(b), 94

Stat. 1603; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 902(g)(2),

95 Stat. 560, which related to availability of appropriations for

grants to Federal institutions, was successively renumbered by

subsequent acts and transferred, see section 238d of this title.

A prior section 507 of act July 1, 1944, ch. 373, title V,

providing for settlement of accounts of deceased officers, was

classified to section 225 of this title and subsequently repealed.

Section 226, act July 1, 1944, ch. 373, title V, Sec. 508, 58

Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953,

18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec. 102, eff.

July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, which related to

transfer of funds between appropriations, was successively

renumbered by subsequent acts and transferred, see section 238e of

this title.

Section 227, acts July 1, 1944, ch. 373, title V, Sec. 509 58

Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June

25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953

Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which

related to availability of appropriations for carrying out purposes

of this chapter, was successively renumbered by subsequent acts and

transferred, see section 238f of this title.

-End-

-CITE-

42 USC Sec. 227a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 227a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-132, title II, Sec. 204, Nov. 8, 1967, 81

Stat. 407, which provided that appropriations to the Public Health

Service be available for research grants to hospitals of the

Service, the Bureau of Prisons, Department of Justice, and to Saint

Elizabeths Hospital, on the same terms and conditions as grants to

non-Federal institutions, was enacted as part of the Department of

Health, Education, and Welfare Appropriation Act, 1968, and not as

part of the Public Health Service Act which comprises this chapter,

and was not repeated in subsequent appropriation acts. See section

300cc-6 of this title. Similar provisions were contained in the

following prior appropriation acts:

Pub. L. 89-787, title II, Sec. 204, Nov. 7, 1966, 80 Stat. 1400.

Pub. L. 89-156, title II, Sec. 204, Aug. 31, 1965, 79 Stat. 609.

Pub. L. 88-605, title II, Sec. 204, Sept. 19, 1964, 78 Stat. 979.

Pub. L. 88-136, title II, Sec. 204, Oct. 11, 1963, 77 Stat. 244.

Pub. L. 87-582, title II, Sec. 204, Aug. 14, 1962, 76 Stat. 379.

Pub. L. 87-290, title II, Sec. 206, Sept. 22, 1961, 75 Stat. 608.

Pub. L. 86-703, title II, Sec. 207, Sept. 2, 1960, 74 Stat. 773.

Pub. L. 86-158, title II, Sec. 210, Aug. 14, 1959, 73 Stat. 355.

-End-

-CITE-

42 USC Secs. 228 to 229d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Secs. 228 to 229d. Transferred

-COD-

CODIFICATION

Section 228, acts July 1, 1944, ch. 373, title V, Sec. 510, 58

Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859, which

related to wearing of uniforms, was successively renumbered by

subsequent acts and transferred, see section 238g of this title.

Section 229, act July 1, 1944, ch. 373, title V, Sec. 511, 58

Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953,

18 F.R. 2053, 67 Stat. 631, which related to an annual report by

Surgeon General, was successively renumbered by subsequent acts and

transferred, see section 238h of this title.

Section 229a, act July 1, 1944, ch. 373, title V, Sec. 512, as

added Oct. 15, 1968, Pub. L. 90-574, title V, Sec. 503(a), 82 Stat.

1012, which related to memorials and other acknowledgments for

contributions to health of the Nation, was successively renumbered

by subsequent acts and transferred, see section 238i of this title.

Section 229b, act July 1, 1944, ch. 373, title V, Sec. 513, as

added June 30, 1970, Pub. L. 91-296, title IV, Sec. 401(a), 84

Stat. 351; amended Oct. 7, 1980, Pub. L. 96-398, title VIII, Sec.

804(c), 94 Stat. 1608; Aug. 13, 1981, Pub. L. 97-35, title IX, Sec.

902(g)(3), 95 Stat. 560, which related to evaluation of programs,

was successively renumbered by subsequent acts and transferred, see

section 238j of this title.

Section 229c, act July 1, 1944, ch. 373, title V, Sec. 514, as

added Nov. 9, 1978, Pub. L. 95-623, Sec. 11(e), 92 Stat. 3456,

which related to contract authority of Secretary, was successively

renumbered by subsequent acts and transferred, see section 238k of

this title.

Section 229d, act July 1, 1944, ch. 373, title V, Sec. 515,

formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L.

94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended

Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420;

renumbered and amended Pub. L. 97-35, title IX, Sec. 902(e)(2)(A),

Aug. 13, 1981, 95 Stat. 560, which related to recovery of payments,

was successively renumbered by subsequent acts and transferred, see

section 238l of this title.

-End-

-CITE-

42 USC Sec. 230 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 230. Repealed. Apr. 27, 1956, ch. 211, Sec. 5(e), 70 Stat. 117

-MISC1-

Section, act July 1, 1944, ch. 373, title VII, Sec. 706, formerly

title VI, Sec. 606, 58 Stat. 713; renumbered title VII, Sec. 706,

Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; amended Feb. 28,

1948, ch. 83, Sec. 9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title

V, Sec. 521(g), 63 Stat. 835, provided for computation of retired

pay. See section 212 of this title.

-End-

-CITE-

42 USC Sec. 231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 231. Service and supply fund; uses; reimbursement

-STATUTE-

A service and supply fund of $250,000 is established, without

fiscal year limitation, for the payment of salaries, travel, and

other expenses necessary to the maintenance and operation of (1) a

supply service for the purchase, storage, handling, issuance,

packing, or shipping of stationery, supplies, materials, equipment,

and blank forms, for which stocks may be maintained to meet, in

whole or in part, requirements of the Public Health Service and

requisitions of other Government Offices, and (2) such other

services as the Surgeon General, with the approval of the Secretary

of Health and Human Services, determines may be performed more

advantageously as central services; said fund to be reimbursed from

applicable appropriations or funds available when services are

performed or stock furnished, or in advance, on a basis of rates

which shall include estimated or actual charges for personal

services, materials, equipment (including maintenance, repairs, and

depreciation), and other expenses.

-SOURCE-

(July 3, 1945, ch. 263, title II, 59 Stat. 370; 1953 Reorg. Plan

No. 1, Secs. 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 97-414, Sec. 9(i), Jan. 4, 1983, 96 Stat. 2064.)

-COD-

CODIFICATION

Section is from the Federal Security Appropriation Act, 1946, act

July 3, 1945, and was not enacted as part of the Public Health

Service Act which comprises this chapter.

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-414 inserted ", or in advance," after "stock

furnished".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-End-

-CITE-

42 USC Sec. 232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 232. National Institute of Mental Health; authorization of

appropriation; construction; location

-STATUTE-

There is authorized to be appropriated a sum not to exceed

$7,500,000 for the erection and equipment, for the use of the

Public Health Service in carrying out the provisions of this Act,

of suitable and adequate hospital buildings and facilities,

including necessary living quarters for personnel, and of suitable

and adequate laboratory buildings and facilities, and such

buildings and facilities shall be known as the National Institute

of Mental Health. The Administrator of General Services is

authorized to acquire, by purchase, condemnation, donation, or

otherwise, a suitable and adequate site or sites, selected on the

advice of the Surgeon General of the Public Health Service, in or

near the District of Columbia for such buildings and facilities,

and to erect thereon, furnish, and equip such buildings and

facilities. The amount authorized to be appropriated in this

section shall include the cost of preparation of drawings and

specifications, supervision of construction, and other

administrative expenses incident to the work: Provided, That the

Administrator of General Services shall prepare the plans and

specifications, make all necessary contracts, and supervise

construction.

-SOURCE-

(July 3, 1946, ch. 538, Sec. 11, 60 Stat. 425; June 30, 1949, ch.

288, title I, Sec. 103(a), 63 Stat. 380.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act July 3, 1946, ch. 538, 60

Stat. 421, as amended, known as the National Mental Health Act,

which enacted sections 232 and 242a of this title, amended sections

201, 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and

enacted provisions set out as notes under section 201 of this

title. For complete classification of this Act to the Code, see

Short Title of 1946 Amendment note set out under section 201 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as a part of the National Mental Health Act,

and not as a part of the Public Health Service Act which comprises

this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator transferred

to Administrator of General Services by section 103(a) of act June

30, 1949. Both Federal Works Agency and office of Federal Works

Administrator abolished by section 103(b) of that act. See text of,

and Historical and Revision Notes under, section 303(b) of Title

40, Public Buildings, Property, and Works.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS

Transfer of functions by act June 30, 1949, effective July 1,

1949, see section 605, formerly section 505, of act June 30, 1949,

ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,

Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-

42 USC Sec. 233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 233. Civil actions or proceedings against commissioned

officers or employees

-STATUTE-

(a) Exclusiveness of remedy

The remedy against the United States provided by sections 1346(b)

and 2672 of title 28, or by alternative benefits provided by the

United States where the availability of such benefits precludes a

remedy under section 1346(b) of title 28, for damage for personal

injury, including death, resulting from the performance of medical,

surgical, dental, or related functions, including the conduct of

clinical studies or investigation, by any commissioned officer or

employee of the Public Health Service while acting within the scope

of his office or employment, shall be exclusive of any other civil

action or proceeding by reason of the same subject-matter against

the officer or employee (or his estate) whose act or omission gave

rise to the claim.

(b) Attorney General to defend action or proceeding; delivery of

process to designated official; furnishing of copies of pleading

and process to United States attorney, Attorney General, and

Secretary

The Attorney General shall defend any civil action or proceeding

brought in any court against any person referred to in subsection

(a) of this section (or his estate) for any such damage or injury.

Any such person against whom such civil action or proceeding is

brought shall deliver within such time after date of service or

knowledge of service as determined by the Attorney General, all

process served upon him or an attested true copy thereof to his

immediate superior or to whomever was designated by the Secretary

to receive such papers and such person shall promptly furnish

copies of the pleading and process therein to the United States

attorney for the district embracing the place wherein the

proceeding is brought, to the Attorney General, and to the

Secretary.

(c) Removal to United States district court; procedure; proceeding

upon removal deemed a tort action against United States; hearing

on motion to remand to determine availability of remedy against

United States; remand to State court or dismissal

Upon a certification by the Attorney General that the defendant

was acting in the scope of his employment at the time of the

incident out of which the suit arose, any such civil action or

proceeding commenced in a State court shall be removed without bond

at any time before trial by the Attorney General to the district

court of the United States of the district and division embracing

the place wherein it is pending and the proceeding deemed a tort

action brought against the United States under the provisions of

title 28 and all references thereto. Should a United States

district court determine on a hearing on a motion to remand held

before a trial on the merit that the case so removed is one in

which a remedy by suit within the meaning of subsection (a) of this

section is not available against the United States, the case shall

be remanded to the State Court: Provided, That where such a remedy

is precluded because of the availability of a remedy through

proceedings for compensation or other benefits from the United

States as provided by any other law, the case shall be dismissed,

but in the event the running of any limitation of time for

commencing, or filing an application or claim in, such proceedings

for compensation or other benefits shall be deemed to have been

suspended during the pendency of the civil action or proceeding

under this section.

(d) Compromise or settlement of claim by Attorney General

The Attorney General may compromise or settle any claim asserted

in such civil action or proceeding in the manner provided in

section 2677 of title 28 and with the same effect.

(e) Assault or battery

For purposes of this section, the provisions of section 2680(h)

of title 28 shall not apply to assault or battery arising out of

negligence in the performance of medical, surgical, dental, or

related functions, including the conduct of clinical studies or

investigations.

(f) Authority of Secretary or designee to hold harmless or provide

liability insurance for assigned or detailed employees

The Secretary or his designee may, to the extent that he deems

appropriate, hold harmless or provide liability insurance for any

officer or employee of the Public Health Service for damage for

personal injury, including death, negligently caused by such

officer or employee while acting within the scope of his office or

employment and as a result of the performance of medical, surgical,

dental, or related functions, including the conduct of clinical

studies or investigations, if such employee is assigned to a

foreign country or detailed to a State or political subdivision

thereof or to a non-profit institution, and if the circumstances

are such as are likely to preclude the remedies of third persons

against the United States described in section 2679(b) of title 28,

for such damage or injury.

(g) Exclusivity of remedy against United States for entities deemed

Public Health Service employees; coverage for services furnished

to individuals other than center patients; application process;

subrogation of medical malpractice claims; applicable period;

entity and contractor defined

(1)(A) For purposes of this section and subject to the approval

by the Secretary of an application under subparagraph (D), an

entity described in paragraph (4), and any officer, governing board

member, or employee of such an entity, and any contractor of such

an entity who is a physician or other licensed or certified health

care practitioner (subject to paragraph (5)), shall be deemed to be

an employee of the Public Health Service for a calendar year that

begins during a fiscal year for which a transfer was made under

subsection (k)(3) of this section (subject to paragraph (3)). The

remedy against the United States for an entity described in

paragraph (4) and any officer, governing board member, employee, or

contractor (subject to paragraph (5)) of such an entity who is

deemed to be an employee of the Public Health Service pursuant to

this paragraph shall be exclusive of any other civil action or

proceeding to the same extent as the remedy against the United

States is exclusive pursuant to subsection (a) of this section.

(B) The deeming of any entity or officer, governing board member,

employee, or contractor of the entity to be an employee of the

Public Health Service for purposes of this section shall apply with

respect to services provided -

(i) to all patients of the entity, and

(ii) subject to subparagraph (C), to individuals who are not

patients of the entity.

(C) Subparagraph (B)(ii) applies to services provided to

individuals who are not patients of an entity if the Secretary

determines, after reviewing an application submitted under

subparagraph (D), that the provision of the services to such

individuals -

(i) benefits patients of the entity and general populations

that could be served by the entity through community-wide

intervention efforts within the communities served by such

entity;

(ii) facilitates the provision of services to patients of the

entity; or

(iii) are otherwise required under an employment contract (or

similar arrangement) between the entity and an officer, governing

board member, employee, or contractor of the entity.

(D) The Secretary may not under subparagraph (A) deem an entity

or an officer, governing board member, employee, or contractor of

the entity to be an employee of the Public Health Service for

purposes of this section, and may not apply such deeming to

services described in subparagraph (B)(ii), unless the entity has

submitted an application for such deeming to the Secretary in such

form and such manner as the Secretary shall prescribe. The

application shall contain detailed information, along with

supporting documentation, to verify that the entity, and the

officer, governing board member, employee, or contractor of the

entity, as the case may be, meets the requirements of subparagraphs

(B) and (C) of this paragraph and that the entity meets the

requirements of paragraphs (1) through (4) of subsection (h) of

this section.

(E) The Secretary shall make a determination of whether an entity

or an officer, governing board member, employee, or contractor of

the entity is deemed to be an employee of the Public Health Service

for purposes of this section within 30 days after the receipt of an

application under subparagraph (D). The determination of the

Secretary that an entity or an officer, governing board member,

employee, or contractor of the entity is deemed to be an employee

of the Public Health Service for purposes of this section shall

apply for the period specified by the Secretary under subparagraph

(A).

(F) Once the Secretary makes a determination that an entity or an

officer, governing board member, employee, or contractor of an

entity is deemed to be an employee of the Public Health Service for

purposes of this section, the determination shall be final and

binding upon the Secretary and the Attorney General and other

parties to any civil action or proceeding. Except as provided in

subsection (i) of this section, the Secretary and the Attorney

General may not determine that the provision of services which are

the subject of such a determination are not covered under this

section.

(G) In the case of an entity described in paragraph (4) that has

not submitted an application under subparagraph (D):

(i) The Secretary may not consider the entity in making

estimates under subsection (k)(1) of this section.

(ii) This section does not affect any authority of the entity

to purchase medical malpractice liability insurance coverage with

Federal funds provided to the entity under section 254b, 254c,

254b(h), or 256a of this title.(!1)

(H) In the case of an entity described in paragraph (4) for which

an application under subparagraph (D) is in effect, the entity may,

through notifying the Secretary in writing, elect to terminate the

applicability of this subsection to the entity. With respect to

such election by the entity:

(i) The election is effective upon the expiration of the 30-day

period beginning on the date on which the entity submits such

notification.

(ii) Upon taking effect, the election terminates the

applicability of this subsection to the entity and each officer,

governing board member, employee, and contractor of the entity.

(iii) Upon the effective date for the election, clauses (i) and

(ii) of subparagraph (G) apply to the entity to the same extent

and in the same manner as such clauses apply to an entity that

has not submitted an application under subparagraph (D).

(iv) If after making the election the entity submits an

application under subparagraph (D), the election does not

preclude the Secretary from approving the application ( (!2) and

thereby restoring the applicability of this subsection to the

entity and each officer, governing board member, employee, and

contractor of the entity, subject to the provisions of this

subsection and the subsequent provisions of this section.

(2) If, with respect to an entity or person deemed to be an

employee for purposes of paragraph (1), a cause of action is

instituted against the United States pursuant to this section, any

claim of the entity or person for benefits under an insurance

policy with respect to medical malpractice relating to such cause

of action shall be subrogated to the United States.

(3) This subsection shall apply with respect to a cause of action

arising from an act or omission which occurs on or after January 1,

1993.

(4) An entity described in this paragraph is a public or

non-profit private entity receiving Federal funds under section

254b of this title.

(5) For purposes of paragraph (1), an individual may be

considered a contractor of an entity described in paragraph (4)

only if -

(A) the individual normally performs on average at least 32 1/2

hours of service per week for the entity for the period of the

contract; or

(B) in the case of an individual who normally performs an

average of less than 32 1/2 hours of services per week for the

entity for the period of the contract, the individual is a

licensed or certified provider of services in the fields of

family practice, general internal medicine, general pediatrics,

or obstetrics and gynecology.

(h) Qualifications for designation as Public Health Service

employee

The Secretary may not approve an application under subsection

(g)(1)(D) of this section unless the Secretary determines that the

entity -

(1) has implemented appropriate policies and procedures to

reduce the risk of malpractice and the risk of lawsuits arising

out of any health or health-related functions performed by the

entity;

(2) has reviewed and verified the professional credentials,

references, claims history, fitness, professional review

organization findings, and license status of its physicians and

other licensed or certified health care practitioners, and, where

necessary, has obtained the permission from these individuals to

gain access to this information;

(3) has no history of claims having been filed against the

United States as a result of the application of this section to

the entity or its officers, employees, or contractors as provided

for under this section, or, if such a history exists, has fully

cooperated with the Attorney General in defending against any

such claims and either has taken, or will take, any necessary

corrective steps to assure against such claims in the future; and

(4) will fully cooperate with the Attorney General in providing

information relating to an estimate described under subsection

(k) of this section.

(i) Authority of Attorney General to exclude health care

professionals from coverage

(1) Notwithstanding subsection (g)(1) of this section, the

Attorney General, in consultation with the Secretary, may on the

record determine, after notice and opportunity for a full and fair

hearing, that an individual physician or other licensed or

certified health care practitioner who is an officer, employee, or

contractor of an entity described in subsection (g)(4) of this

section shall not be deemed to be an employee of the Public Health

Service for purposes of this section, if treating such individual

as such an employee would expose the Government to an unreasonably

high degree of risk of loss because such individual -

(A) does not comply with the policies and procedures that the

entity has implemented pursuant to subsection (h)(1) of this

section;

(B) has a history of claims filed against him or her as

provided for under this section that is outside the norm for

licensed or certified health care practitioners within the same

specialty;

(C) refused to reasonably cooperate with the Attorney General

in defending against any such claim;

(D) provided false information relevant to the individual's

performance of his or her duties to the Secretary, the Attorney

General, or an applicant for or recipient of funds under this

chapter; or

(E) was the subject of disciplinary action taken by a State

medical licensing authority or a State or national professional

society.

(2) A final determination by the Attorney General under this

subsection that an individual physician or other licensed or

certified health care professional shall not be deemed to be an

employee of the Public Health Service shall be effective upon

receipt by the entity employing such individual of notice of such

determination, and shall apply only to acts or omissions occurring

after the date such notice is received.

(j) Remedy for denial of hospital admitting privileges to certain

health care providers

In the case of a health care provider who is an officer,

employee, or contractor of an entity described in subsection (g)(4)

of this section, section 254h(e) of this title shall apply with

respect to the provider to the same extent and in the same manner

as such section applies to any member of the National Health

Service Corps.

(k) Estimate of annual claims by Attorney General; criteria;

establishment of fund; transfer of funds to Treasury accounts

(1)(A) For each fiscal year, the Attorney General, in

consultation with the Secretary, shall estimate by the beginning of

the year the amount of all claims which are expected to arise under

this section (together with related fees and expenses of witnesses)

for which payment is expected to be made in accordance with section

1346 and chapter 171 of title 28 from the acts or omissions, during

the calendar year that begins during that fiscal year, of entities

described in subsection (g)(4) of this section and of officers,

employees, or contractors (subject to subsection (g)(5) of this

section) of such entities.

(B) The estimate under subparagraph (A) shall take into account -

(i) the value and frequency of all claims for damage for

personal injury, including death, resulting from the performance

of medical, surgical, dental, or related functions by entities

described in subsection (g)(4) of this section or by officers,

employees, or contractors (subject to subsection (g)(5) of this

section) of such entities who are deemed to be employees of the

Public Health Service under subsection (g)(1) of this section

that, during the preceding 5-year period, are filed under this

section or, with respect to years occurring before this

subsection takes effect, are filed against persons other than the

United States,

(ii) the amounts paid during that 5-year period on all claims

described in clause (i), regardless of when such claims were

filed, adjusted to reflect payments which would not be permitted

under section 1346 and chapter 171 of title 28, and

(iii) amounts in the fund established under paragraph (2) but

unspent from prior fiscal years.

(2) Subject to appropriations, for each fiscal year, the

Secretary shall establish a fund of an amount equal to the amount

estimated under paragraph (1) that is attributable to entities

receiving funds under each of the grant programs described in

paragraph (4) of subsection (g) of this section, but not to exceed

a total of $10,000,000 for each such fiscal year. Appropriations

for purposes of this paragraph shall be made separate from

appropriations made for purposes of sections 254b, 254c, 254b(h)

and 256a of this title.(!1)

(3) In order for payments to be made for judgments against the

United States (together with related fees and expenses of

witnesses) pursuant to this section arising from the acts or

omissions of entities described in subsection (g)(4) of this

section and of officers, governing board member,(!3) employees, or

contractors (subject to subsection (g)(5) of this section) of such

entities, the total amount contained within the fund established by

the Secretary under paragraph (2) for a fiscal year shall be

transferred not later than the December 31 that occurs during the

fiscal year to the appropriate accounts in the Treasury.

(l) Timely response to filing of action or proceeding

(1) If a civil action or proceeding is filed in a State court

against any entity described in subsection (g)(4) of this section

or any officer, governing board member, employee, or any contractor

of such an entity for damages described in subsection (a) of this

section, the Attorney General, within 15 days after being notified

of such filing, shall make an appearance in such court and advise

such court as to whether the Secretary has determined under

subsections (g) and (h) of this section, that such entity, officer,

governing board member, employee, or contractor of the entity is

deemed to be an employee of the Public Health Service for purposes

of this section with respect to the actions or omissions that are

the subject of such civil action or proceeding. Such advice shall

be deemed to satisfy the provisions of subsection (c) of this

section that the Attorney General certify that an entity, officer,

governing board member, employee, or contractor of the entity was

acting within the scope of their employment or responsibility.

(2) If the Attorney General fails to appear in State court within

the time period prescribed under paragraph (1), upon petition of

any entity or officer, governing board member, employee, or

contractor of the entity named, the civil action or proceeding

shall be removed to the appropriate United States district court.

The civil action or proceeding shall be stayed in such court until

such court conducts a hearing, and makes a determination, as to the

appropriate forum or procedure for the assertion of the claim for

damages described in subsection (a) of this section and issues an

order consistent with such determination.

(m) Application of coverage to managed care plans

(1) An entity or officer, governing board member, employee, or

contractor of an entity described in subsection (g)(1) of this

section shall, for purposes of this section, be deemed to be an

employee of the Public Health Service with respect to services

provided to individuals who are enrollees of a managed care plan if

the entity contracts with such managed care plan for the provision

of services.

(2) Each managed care plan which enters into a contract with an

entity described in subsection (g)(4) of this section shall deem

the entity and any officer, governing board member, employee, or

contractor of the entity as meeting whatever malpractice coverage

requirements such plan may require of contracting providers for a

calendar year if such entity or officer, governing board member,

employee, or contractor of the entity has been deemed to be an

employee of the Public Health Service for purposes of this section

for such calendar year. Any plan which is found by the Secretary on

the record, after notice and an opportunity for a full and fair

hearing, to have violated this subsection shall upon such finding

cease, for a period to be determined by the Secretary, to receive

and to be eligible to receive any Federal funds under titles XVIII

or XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et

seq.].

(3) For purposes of this subsection, the term "managed care plan"

shall mean health maintenance organizations and similar entities

that contract at-risk with payors for the provision of health

services or plan enrollees and which contract with providers (such

as entities described in subsection (g)(4) of this section) for the

delivery of such services to plan enrollees.

(n) Report on risk exposure of covered entities

(1) Not later than one year after December 26, 1995, the

Comptroller General of the United States shall submit to the

Congress a report on the following:

(A) The medical malpractice liability claims experience of

entities that have been deemed to be employees for purposes of

this section.

(B) The risk exposure of such entities.

(C) The value of private sector risk-management services, and

the value of risk-management services and procedures required as

a condition of receiving a grant under section 254b, 254c,

254b(h), or 256a of this title.(!4)

(D) A comparison of the costs and the benefits to taxpayers of

maintaining medical malpractice liability coverage for such

entities pursuant to this section, taking into account -

(i) a comparison of the costs of premiums paid by such

entities for private medical malpractice liability insurance

with the cost of coverage pursuant to this section; and

(ii) an analysis of whether the cost of premiums for private

medical malpractice liability insurance coverage is consistent

with the liability claims experience of such entities.

(2) The report under paragraph (1) shall include the following:

(A) A comparison of -

(i) an estimate of the aggregate amounts that such entities

(together with the officers, governing board members,

employees, and contractors of such entities who have been

deemed to be employees for purposes of this section) would have

directly or indirectly paid in premiums to obtain medical

malpractice liability insurance coverage if this section were

not in effect; with

(ii) the aggregate amounts by which the grants received by

such entities under this chapter were reduced pursuant to

subsection (k)(2) of this section.

(B) A comparison of -

(i) an estimate of the amount of privately offered such

insurance that such entities (together with the officers,

governing board members, employees, and contractors of such

entities who have been deemed to be employees for purposes of

this section) purchased during the three-year period beginning

on January 1, 1993; with

(ii) an estimate of the amount of such insurance that such

entities (together with the officers, governing board members,

employees, and contractors of such entities who have been

deemed to be employees for purposes of this section) will

purchase after December 26, 1995.

(C) An estimate of the medical malpractice liability loss

history of such entities for the 10-year period preceding October

1, 1996, including but not limited to the following:

(i) Claims that have been paid and that are estimated to be

paid, and legal expenses to handle such claims that have been

paid and that are estimated to be paid, by the Federal

Government pursuant to deeming entities as employees for

purposes of this section.

(ii) Claims that have been paid and that are estimated to be

paid, and legal expenses to handle such claims that have been

paid and that are estimated to be paid, by private medical

malpractice liability insurance.

(D) An analysis of whether the cost of premiums for private

medical malpractice liability insurance coverage is consistent

with the liability claims experience of entities that have been

deemed as employees for purposes of this section.

(3) In preparing the report under paragraph (1), the Comptroller

General of the United States shall consult with public and private

entities with expertise on the matters with which the report is

concerned.

(o) Volunteer services provided by health professionals at free

clinics

(1) For purposes of this section, a free clinic health

professional shall in providing a qualifying health service to an

individual be deemed to be an employee of the Public Health Service

for a calendar year that begins during a fiscal year for which a

transfer was made under paragraph (6)(D). The preceding sentence is

subject to the provisions of this subsection.

(2) In providing a health service to an individual, a health care

practitioner shall for purposes of this subsection be considered to

be a free clinic health professional if the following conditions

are met:

(A) The service is provided to the individual at a free clinic,

or through offsite programs or events carried out by the free

clinic.

(B) The free clinic is sponsoring the health care practitioner

pursuant to paragraph (5)(C).

(C) The service is a qualifying health service (as defined in

paragraph (4)).

(D) Neither the health care practitioner nor the free clinic

receives any compensation for the service from the individual or

from any third-party payor (including reimbursement under any

insurance policy or health plan, or under any Federal or State

health benefits program). With respect to compliance with such

condition:

(i) The health care practitioner may receive repayment from

the free clinic for reasonable expenses incurred by the health

care practitioner in the provision of the service to the

individual.

(ii) The free clinic may accept voluntary donations for the

provision of the service by the health care practitioner to the

individual.

(E) Before the service is provided, the health care

practitioner or the free clinic provides written notice to the

individual of the extent to which the legal liability of the

health care practitioner is limited pursuant to this subsection

(or in the case of an emergency, the written notice is provided

to the individual as soon after the emergency as is practicable).

If the individual is a minor or is otherwise legally incompetent,

the condition under this subparagraph is that the written notice

be provided to a legal guardian or other person with legal

responsibility for the care of the individual.

(F) At the time the service is provided, the health care

practitioner is licensed or certified in accordance with

applicable law regarding the provision of the service.

(3)(A) For purposes of this subsection, the term "free clinic"

means a health care facility operated by a nonprofit private entity

meeting the following requirements:

(i) The entity does not, in providing health services through

the facility, accept reimbursement from any third-party payor

(including reimbursement under any insurance policy or health

plan, or under any Federal or State health benefits program).

(ii) The entity, in providing health services through the

facility, either does not impose charges on the individuals to

whom the services are provided, or imposes a charge according to

the ability of the individual involved to pay the charge.

(iii) The entity is licensed or certified in accordance with

applicable law regarding the provision of health services.

(B) With respect to compliance with the conditions under

subparagraph (A), the entity involved may accept voluntary

donations for the provision of services.

(4) For purposes of this subsection, the term "qualifying health

service" means any medical assistance required or authorized to be

provided in the program under title XIX of the Social Security Act

[42 U.S.C. 1396 et seq.], without regard to whether the medical

assistance is included in the plan submitted under such program by

the State in which the health care practitioner involved provides

the medical assistance. References in the preceding sentence to

such program shall as applicable be considered to be references to

any successor to such program.

(5) Subsection (g) of this section (other than paragraphs (3)

through (5)) and subsections (h), (i), and (l) of this section

apply to a health care practitioner for purposes of this subsection

to the same extent and in the same manner as such subsections apply

to an officer, governing board member, employee, or contractor of

an entity described in subsection (g)(4) of this section, subject

to paragraph (6) and subject to the following:

(A) The first sentence of paragraph (1) applies in lieu of the

first sentence of subsection (g)(1)(A) of this section.

(B) This subsection may not be construed as deeming any free

clinic to be an employee of the Public Health Service for

purposes of this section.

(C) With respect to a free clinic, a health care practitioner

is not a free clinic health professional unless the free clinic

sponsors the health care practitioner. For purposes of this

subsection, the free clinic shall be considered to be sponsoring

the health care practitioner if -

(i) with respect to the health care practitioner, the free

clinic submits to the Secretary an application meeting the

requirements of subsection (g)(1)(D) of this section; and

(ii) the Secretary, pursuant to subsection (g)(1)(E) of this

section, determines that the health care practitioner is deemed

to be an employee of the Public Health Service.

(D) In the case of a health care practitioner who is determined

by the Secretary pursuant to subsection (g)(1)(E) of this section

to be a free clinic health professional, this subsection applies

to the health care practitioner (with respect to the free clinic

sponsoring the health care practitioner pursuant to subparagraph

(C)) for any cause of action arising from an act or omission of

the health care practitioner occurring on or after the date on

which the Secretary makes such determination.

(E) Subsection (g)(1)(F) of this section applies to a health

care practitioner for purposes of this subsection only to the

extent that, in providing health services to an individual, each

of the conditions specified in paragraph (2) is met.

(6)(A) For purposes of making payments for judgments against the

United States (together with related fees and expenses of

witnesses) pursuant to this section arising from the acts or

omissions of free clinic health professionals, there is authorized

to be appropriated $10,000,000 for each fiscal year.

(B) The Secretary shall establish a fund for purposes of this

subsection. Each fiscal year amounts appropriated under

subparagraph (A) shall be deposited in such fund.

(C) Not later than May 1 of each fiscal year, the Attorney

General, in consultation with the Secretary, shall submit to the

Congress a report providing an estimate of the amount of claims

(together with related fees and expenses of witnesses) that, by

reason of the acts or omissions of free clinic health

professionals, will be paid pursuant to this section during the

calendar year that begins in the following fiscal year. Subsection

(k)(1)(B) of this section applies to the estimate under the

preceding sentence regarding free clinic health professionals to

the same extent and in the same manner as such subsection applies

to the estimate under such subsection regarding officers, governing

board members, employees, and contractors of entities described in

subsection (g)(4) of this section.

(D) Not later than December 31 of each fiscal year, the Secretary

shall transfer from the fund under subparagraph (B) to the

appropriate accounts in the Treasury an amount equal to the

estimate made under subparagraph (C) for the calendar year

beginning in such fiscal year, subject to the extent of amounts in

the fund.

(7)(A) This subsection takes effect on the date of the enactment

of the first appropriations Act that makes an appropriation under

paragraph (6)(A), except as provided in subparagraph (B)(i).

(B)(i) Effective on August 21, 1996 -

(I) the Secretary may issue regulations for carrying out this

subsection, and the Secretary may accept and consider

applications submitted pursuant to paragraph (5)(C); and

(II) reports under paragraph (6)(C) may be submitted to the

Congress.

(ii) For the first fiscal year for which an appropriation is made

under subparagraph (A) of paragraph (6), if an estimate under

subparagraph (C) of such paragraph has not been made for the

calendar year beginning in such fiscal year, the transfer under

subparagraph (D) of such paragraph shall be made notwithstanding

the lack of the estimate, and the transfer shall be made in an

amount equal to the amount of such appropriation.

(p) Administration of smallpox countermeasures by health

professionals

(1) In general

For purposes of this section, and subject to other provisions

of this subsection, a covered person shall be deemed to be an

employee of the Public Health Service with respect to liability

arising out of administration of a covered countermeasure against

smallpox to an individual during the effective period of a

declaration by the Secretary under paragraph (2)(A).

(2) Declaration by Secretary concerning countermeasure against

smallpox

(A) Authority to issue declaration

(i) In general

The Secretary may issue a declaration, pursuant to this

paragraph, concluding that an actual or potential

bioterrorist incident or other actual or potential public

health emergency makes advisable the administration of a

covered countermeasure to a category or categories of

individuals.

(ii) Covered countermeasure

The Secretary shall specify in such declaration the

substance or substances that shall be considered covered

countermeasures (as defined in paragraph (8)(A)) for purposes

of administration to individuals during the effective period

of the declaration.

(iii) Effective period

The Secretary shall specify in such declaration the

beginning and ending dates of the effective period of the

declaration, and may subsequently amend such declaration to

shorten or extend such effective period, provided that the

new closing date is after the date when the declaration is

amended.

(iv) Publication

The Secretary shall promptly publish each such declaration

and amendment in the Federal Register.

(B) Liability of United States only for administrations within

scope of declaration

Except as provided in paragraph (5)(B)(ii), the United States

shall be liable under this subsection with respect to a claim

arising out of the administration of a covered countermeasure

to an individual only if -

(i) the countermeasure was administered by a qualified

person, for a purpose stated in paragraph (7)(A)(i), and

during the effective period of a declaration by the Secretary

under subparagraph (A) with respect to such countermeasure;

and

(ii)(I) the individual was within a category of individuals

covered by the declaration; or

(II) the qualified person administering the countermeasure

had reasonable grounds to believe that such individual was

within such category.

(C) Presumption of administration within scope of declaration

in case of accidental vaccinia inoculation

(i) In general

If vaccinia vaccine is a covered countermeasure specified

in a declaration under subparagraph (A), and an individual to

whom the vaccinia vaccine is not administered contracts

vaccinia, then, under the circumstances specified in clause

(ii), the individual -

(I) shall be rebuttably presumed to have contracted

vaccinia from an individual to whom such vaccine was

administered as provided by clauses (i) and (ii) of

subparagraph (B); and

(II) shall (unless such presumption is rebutted) be

deemed for purposes of this subsection to be an individual

to whom a covered countermeasure was administered by a

qualified person in accordance with the terms of such

declaration and as described by subparagraph (B).

(ii) Circumstances in which presumption applies

The presumption and deeming stated in clause (i) shall

apply if -

(I) the individual contracts vaccinia during the

effective period of a declaration under subparagraph (A) or

by the date 30 days after the close of such period; or

(II) the individual resides or has resided with an

individual to whom such vaccine was administered as

provided by clauses (i) and (ii) of subparagraph (B) and

contracts vaccinia after such date.

(3) Exclusivity of remedy

The remedy provided by subsection (a) of this section shall be

exclusive of any other civil action or proceeding for any claim

or suit this subsection encompasses.

(4) Certification of action by Attorney General

Subsection (c) of this section applies to actions under this

subsection, subject to the following provisions:

(A) Nature of certification

The certification by the Attorney General that is the basis

for deeming an action or proceeding to be against the United

States, and for removing an action or proceeding from a State

court, is a certification that the action or proceeding is

against a covered person and is based upon a claim alleging

personal injury or death arising out of the administration of a

covered countermeasure.

(B) Certification of Attorney General conclusive

The certification of the Attorney General of the facts

specified in subparagraph (A) shall conclusively establish such

facts for purposes of jurisdiction pursuant to this subsection.

(5) Defendant to cooperate with United States

(A) In general

A covered person shall cooperate with the United States in

the processing and defense of a claim or action under this

subsection based upon alleged acts or omissions of such person.

(B) Consequences of failure to cooperate

Upon the motion of the United States or any other party and

upon finding that such person has failed to so cooperate -

(i) the court shall substitute such person as the party

defendant in place of the United States and, upon motion,

shall remand any such suit to the court in which it was

instituted if it appears that the court lacks subject matter

jurisdiction;

(ii) the United States shall not be liable based on the

acts or omissions of such person; and

(iii) the Attorney General shall not be obligated to defend

such action.

(6) Recourse against covered person in case of gross misconduct

or contract violation

(A) In general

Should payment be made by the United States to any claimant

bringing a claim under this subsection, either by way of

administrative determination, settlement, or court judgment,

the United States shall have, notwithstanding any provision of

State law, the right to recover for that portion of the damages

so awarded or paid, as well as interest and any costs of

litigation, resulting from the failure of any covered person to

carry out any obligation or responsibility assumed by such

person under a contract with the United States or from any

grossly negligent, reckless, or illegal conduct or willful

misconduct on the part of such person.

(B) Venue

The United States may maintain an action under this paragraph

against such person in the district court of the United States

in which such person resides or has its principal place of

business.

(7) Definitions

As used in this subsection, terms have the following meanings:

(A) Covered countermeasure

The term "covered countermeasure" or "covered countermeasure

against smallpox", means a substance that is -

(i)(I) used to prevent or treat smallpox (including the

vaccinia or another vaccine); or

(II) vaccinia immune globulin used to control or treat the

adverse effects of vaccinia inoculation; and

(ii) specified in a declaration under paragraph (2).

(B) Covered person

The term "covered person", when used with respect to the

administration of a covered countermeasure, includes any person

who is -

(i) a manufacturer or distributor of such countermeasure;

(ii) a health care entity under whose auspices such

countermeasure was administered;

(iii) a qualified person who administered such

countermeasure; or

(iv) an official, agent, or employee of a person described

in clause (i), (ii), or (iii).

(C) Qualified person

The term "qualified person", when used with respect to the

administration of a covered countermeasure, means a licensed

health professional or other individual who is authorized to

administer such countermeasure under the law of the State in

which the countermeasure was administered.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 224, formerly Sec. 223, as

added Pub. L. 91-623, Sec. 4, Dec. 31, 1970, 84 Stat. 1870;

renumbered Sec. 224, Pub. L. 92-157, title III, Sec. 301(c), Nov.

18, 1971, 85 Stat. 463; amended Pub. L. 102-501, Secs. 2-4, Oct.

24, 1992, 106 Stat. 3268-3270; Pub. L. 103-183, title VII, Sec.

706(a), Dec. 14, 1993, 107 Stat. 2241; Pub. L. 104-73, Secs.

2-5(b), 6-11, Dec. 26, 1995, 109 Stat. 777-781; Pub. L. 104-191,

title I, Sec. 194, Aug. 21, 1996, 110 Stat. 1988; Pub. L. 104-299,

Sec. 4(a)(1), Oct. 11, 1996, 110 Stat. 3644; Pub. L. 107-251, title

VI, Sec. 601(a), Oct. 26, 2002, 116 Stat. 1664; Pub. L. 107-296,

title III, Sec. 304(c), Nov. 25, 2002, 116 Stat. 2165.)

-REFTEXT-

REFERENCES IN TEXT

The reference to section 254b of this title the first place

appearing and the reference to section 254c of this title,

appearing in subsecs. (g)(1)(G)(ii), (k)(2), and (n)(1)(C), were in

the original references to sections 329 and 330, meaning sections

329 and 330 of act July 1, 1944, which were omitted in the general

amendment of subpart I (Sec. 254b et seq.) of part D of subchapter

II of this chapter by Pub. L. 104-299, Sec. 2, Oct. 11, 1996, 110

Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299 enacted new

sections 330 and 330A of act July 1, 1944, which are classified,

respectively, to sections 254b and 254c of this title.

Section 256a of this title, referred to in subsecs.

(g)(1)(G)(ii), (k)(2), and (n)(1)(C), was repealed by Pub. L.

104-299, Sec. 4(a)(3), Oct. 11, 1996, 110 Stat. 3645.

The Social Security Act, referred to in subsecs. (m)(2) and

(o)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Titles XVIII and XIX of the Act are classified generally to

subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.),

respectively, of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsecs. (g)(1)(G)(ii), (k)(2), (n)(1)(C). Pub. L. 107-251

substituted "254b(h)" for "256".

Subsec. (p). Pub. L. 107-296 added subsec. (p).

1996 - Subsec. (g)(4). Pub. L. 104-299 substituted "under section

254b of this title." for "under any of the following grant

programs:" and struck out subpars. (A) to (D) which read as

follows:

"(A) Section 254b of this title (relating to grants for migrant

health centers).

"(B) Section 254c of this title (relating to grants for community

health centers).

"(C) Section 256 of this title (relating to grants for health

services for the homeless).

"(D) Section 256a of this title (relating to grants for health

services for residents of public housing)."

Subsec. (o). Pub. L. 104-191 added subsec. (o).

1995 - Subsec. (g)(1). Pub. L. 104-73, Secs. 3(1), 4, 5(a),

designated existing provisions as subpar. (A), inserted "and

subject to the approval by the Secretary of an application under

subparagraph (D)" after "For purposes of this section", substituted

"an entity described in paragraph (4), and any officer, governing

board member, or employee of such an entity, and any contractor of

such an entity who is a physician or other licensed or certified

health care practitioner (subject to paragraph (5)), shall be

deemed to be an employee of the Public Health Service for a

calendar year that begins during a fiscal year for which a transfer

was made under subsection (k)(3) of this section (subject to

paragraph (3)). The remedy against the United States for an entity

described in paragraph (4) and any officer, governing board member,

employee, or contractor" for ", an entity described in paragraph

(4) and any officer, employee, or contractor (subject to paragraph

(5)) of such an entity who is a physician or other licensed or

certified health care practitioner shall be deemed to be an

employee of the Public Health Service for a calendar year that

begins during a fiscal year for which a transfer of the full amount

estimated under subsection (k)(1)(A) of this section was made under

subsection (k)(3) of this section (subject to paragraph (3)). The

remedy against the United States for an entity described in

paragraph (4) and any officer, employee, or contractor", and added

subpars. (B) to (H).

Subsec. (g)(3). Pub. L. 104-73, Sec. 2(a), struck out at end

"This subsection shall not apply with respect to a cause of action

arising from an act or omission which occurs on or after January 1,

1996."

Subsec. (g)(5)(B). Pub. L. 104-73, Sec. 8, amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: "in the

case of an individual who normally performs on average less than 32

1/2 hours of services per week for the entity for the period of

the contract and is a licensed or certified provider of obstetrical

services -

"(i) the individual's medical malpractice liability insurance

coverage does not extend to services performed by the individual

for the entity under the contract, or

"(ii) the Secretary finds that patients to whom the entity

furnishes services will be deprived of obstetrical services if

such individual is not considered a contractor of the entity for

purposes of paragraph (1)."

Subsec. (h). Pub. L. 104-73, Sec. 5(b)(1), in introductory

provisions substituted "The Secretary may not approve an

application under subsection (g)(1)(D) of this section unless the

Secretary determines that the entity - " for "Notwithstanding

subsection (g)(1) of this section, the Secretary, in consultation

with the Attorney General, may not deem an entity described in

subsection (g)(4) of this section to be an employee of the Public

Health Service Act for purposes of this section unless the entity -

".

Subsec. (h)(4). Pub. L. 104-73, Sec. 5(b)(2), substituted "will

fully cooperate" for "has fully cooperated".

Subsec. (i)(1). Pub. L. 104-73, Sec. 9, substituted "may on the

record determine, after notice and opportunity for a full and fair

hearing" for "may determine, after notice and opportunity for a

hearing".

Subsec. (k)(1)(A). Pub. L. 104-73, Sec. 2(b)(1), substituted "For

each fiscal year" for "For each of the fiscal years 1993, 1994, and

1995" and struck out "(except that an estimate shall be made for

fiscal year 1993 by December 31, 1992, subject to an adjustment

within 90 days thereafter)" after "beginning of the year".

Subsec. (k)(2). Pub. L. 104-73, Secs. 2(b)(2), 10, substituted

"for each fiscal year" for "for each of the fiscal years 1993,

1994, and 1995" and "$10,000,000" for "$30,000,000".

Subsec. (k)(3). Pub. L. 104-73, Sec. 3(2), which directed

amendment of subsec. (k)(3) by inserting "governing board member,"

after "officer,", was executed by inserting such language after

"officers," to reflect the probable intent of Congress.

Subsec. (l). Pub. L. 104-73, Sec. 6, added subsec. (l).

Subsec. (m). Pub. L. 104-73, Sec. 7, added subsec. (m).

Subsec. (n). Pub. L. 104-73, Sec. 11, added subsec. (n).

1993 - Subsec. (k)(2). Pub. L. 103-183 inserted at end

"Appropriations for purposes of this paragraph shall be made

separate from appropriations made for purposes of sections 254b,

254c, 256 and 256a of this title."

1992 - Subsecs. (g) to (k). Pub. L. 102-501 added subsecs. (g) to

(k).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 5 of Pub. L. 104-299, as amended by Pub. L. 104-208, div.

A, title I, Sec. 101(e) [title V, Sec. 521], Sept. 30, 1996, 110

Stat. 3009-233, 3009-275, provided that: "This Act [enacting

sections 254b and 254c of this title, amending this section and

sections 256c, 1395x, and 1396d of this title, repealing sections

256 and 256a of this title, and enacting provisions set out as

notes under sections 201 and 254b of this title] and the amendments

made by this Act shall become effective on October 1, 1996."

[Section 101(e) [title V, Sec. 521] of Pub. L. 104-208 provided

that the amendment made by that section is effective on the day

after Oct. 11, 1996.]

EFFECTIVE DATE OF 1995 AMENDMENT

Section 5(c) of Pub. L. 104-73 provided that: "If, on the day

before the date of the enactment of this Act [Dec. 26, 1995], an

entity was deemed to be an employee of the Public Health Service

for purposes of section 224(g) of the Public Health Service Act

[subsec. (g) of this section], the condition under paragraph (1)(D)

of such section (as added by subsection (a) of this section) that

an application be approved with respect to the entity does not

apply until the expiration of the 180-day period beginning on such

date."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 6 of Pub. L. 102-501 provided that: "The amendments made

by this Act [amending this section] shall take effect on the date

of the enactment of this Act [Oct. 24, 1992]."

REPORT ON RISK EXPOSURE OF COVERED ENTITIES

Section 5 of Pub. L. 102-501 provided that:

"(a) In General. - Not later than April 1, 1995, the Attorney

General, in consultation with the Secretary of Health and Human

Services (hereafter referred to as the 'Secretary'), shall submit a

report to Congress on the medical malpractice liability claims

experience of entities subject to section 224(g) of the Public

Health Service Act [42 U.S.C. 233(g)] (as added by section 2(a))

and the risk exposure associated with such entities.

"(b) Effect of Liability Protections on Costs Incurred by Covered

Entities. - The Attorney General's report under subsection (a)

shall include an analysis by the Secretary comparing -

"(1) the Secretary's estimate of the aggregate amounts that

such entities (together with the officers, employees, and

contractors of such entities who are subject to section 224(g) of

such Act) would have directly or indirectly paid to obtain

medical malpractice liability insurance coverage had section

224(g) of the Public Health Service Act not been enacted into

law, with

"(2) the aggregate amounts by which the grants received by such

entities under the Public Health Service Act [this chapter] were

reduced as a result of the enactment of section 224(k)(2) of such

Act [42 U.S.C. 233(k)(2)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 218a, 238q, 254h-1,

300hh-11 of this title; title 25 section 450f.

-FOOTNOTE-

(!1) See References in Text notes below.

(!2) So in original. There is no closing parenthesis.

(!3) So in original. Probably should be "members,".

(!4) See References in Text notes below.

-End-

-CITE-

42 USC Sec. 234 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 234. Repealed. Pub. L. 94-484, title IV, Sec. 408(b)(1), Oct.

12, 1976, 90 Stat. 2281, eff. Oct. 1, 1977

-MISC1-

Section, act July 1, 1944, ch. 373, title II, Sec. 225, as added

Oct. 27, 1972, Pub. L. 92-585, Sec. 5, 86 Stat. 1293; amended Aug.

23, 1974, Pub. L. 93-385, Sec. 1, 88 Stat. 741; Apr. 22, 1976, Pub.

L. 94-278, title IX, Sec. 901, 90 Stat. 415; Sept. 30, 1976, Pub.

L. 94-437, title I, Sec. 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L.

94-484, title I, Sec. 101(t), 90 Stat. 2246, related to Public

Health and National Health Service Corps Scholarship Training

program.

-End-

-CITE-

42 USC Sec. 235 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 235. Administration of grants in multigrant projects;

promulgation of regulations

-STATUTE-

For the purpose of facilitating the administration of, and

expediting the carrying out of the purposes of, the programs

established by subchapters V, VI, and VII (!1) of this chapter, and

sections 242b, 246(a), 246(b), 246(c), 246(d),(!1) and 246(e) (!1)

of this title in situations in which grants are sought or made

under two or more of such programs with respect to a single

project, the Secretary is authorized to promulgate regulations -

(1) under which the administrative functions under such

programs with respect to such project will be performed by a

single administrative unit which is the administrative unit

charged with the administration of any of such programs or is the

administrative unit charged with the supervision of two or more

of such programs;

(2) designed to reduce the number of applications, reports, and

other materials required under such programs to be submitted with

respect to such project, and otherwise to simplify, consolidate,

and make uniform (to the extent feasible), the data and

information required to be contained in such applications,

reports, and other materials; and

(3) under which inconsistent or duplicative requirements

imposed by such programs will be revised and made uniform with

respect to such project;

except that nothing in this section shall be construed to authorize

the Secretary to waive or suspend, with respect to any such

project, any requirement with respect to any of such programs if

such requirement is imposed by law or by any regulation required by

law.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 226, formerly title III,

Sec. 310A, as added Pub. L. 91-515, title II, Sec. 270, Oct. 30,

1970, 84 Stat. 1306; amended Pub. L. 92-157, title II, Sec. 201,

Nov. 18, 1971, 85 Stat. 461; renumbered Sec. 226, Pub. L. 93-353,

title I, Sec. 102(e), July 23, 1974, 88 Stat. 362.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters V and VI of this chapter, referred to in text, are

classified to sections 292 et seq. and 296 et seq., respectively,

of this title.

Subchapter VII of this chapter, referred to in text, which was

classified to section 299 et seq. of this title, was repealed by

Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495.

Section 246(d) of this title, referred to in text, was repealed

by Pub. L. 97-35, title IX, Sec. 902(b), Aug. 13, 1981, 95 Stat.

559.

Section 246(e) of this title, referred to in text, was repealed

by Pub. L. 94-63, title V, Sec. 501(b), July 29, 1975, 89 Stat.

346.

-COD-

CODIFICATION

Section was formerly classified to section 242i of this title.

-MISC1-

AMENDMENTS

1971 - Pub. L. 92-157 provided for administration of programs

established under subchapters V and VI of this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 236 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 236. Orphan Products Board

-STATUTE-

(a) Establishment; composition; chairman

There is established in the Department of Health and Human

Services a board for the development of drugs (including biologics)

and devices (including diagnostic products) for rare diseases or

conditions to be known as the Orphan Products Board. The Board

shall be comprised of the Assistant Secretary for Health of the

Department of Health and Human Services and representatives,

selected by the Secretary, of the Food and Drug Administration, the

National Institutes of Health, the Centers for Disease Control and

Prevention, and any other Federal department or agency which the

Secretary determines has activities relating to drugs and devices

for rare diseases or conditions. The Assistant Secretary for Health

shall chair the Board.

(b) Function

The function of the Board shall be to promote the development of

drugs and devices for rare diseases or conditions and the

coordination among Federal, other public, and private agencies in

carrying out their respective functions relating to the development

of such articles for such diseases or conditions.

(c) Duties with respect to drugs for rare diseases or conditions

In the case of drugs for rare diseases or conditions the Board

shall -

(1) evaluate -

(A) the effect of subchapter B of the Federal Food, Drug, and

Cosmetic Act [21 U.S.C. 360aa et seq.] on the development of

such drugs, and

(B) the implementation of such subchapter; (!1)

(2) evaluate the activities of the National Institutes of

Health for the development of drugs for such diseases or

conditions,

(3) assure appropriate coordination among the Food and Drug

Administration, the National Institutes of Health and the Centers

for Disease Control and Prevention in the carrying out of their

respective functions relating to the development of drugs for

such diseases or conditions to assure that the activities of each

agency are complementary,

(4) assure appropriate coordination among all interested

Federal agencies, manufacturers, and organizations representing

patients, in their activities relating to such drugs,

(5) with the consent of the sponsor of a drug for a rare

disease or condition exempt under section 505(i) of the Federal

Food, Drug, and Cosmetic Act [21 U.S.C. 355(i)] or regulations

issued under such section, inform physicians and the public

respecting the availability of such drug for such disease or

condition and inform physicians and the public respecting the

availability of drugs approved under section 505(c) of such Act

[21 U.S.C. 355(c)] or licensed under section 262 of this title

for rare diseases or conditions,

(6) seek business entities and others to undertake the

sponsorship of drugs for rare diseases or conditions, seek

investigators to facilitate the development of such drugs, and

seek business entities to participate in the distribution of such

drugs, and

(7) recognize the efforts of public and private entities and

individuals in seeking the development of drugs for rare diseases

or conditions and in developing such drugs.

(d) Consultation

The Board shall consult with interested persons respecting the

activities of the Board under this section and as part of such

consultation shall provide the opportunity for the submission of

oral views.

(e) Annual report; contents

The Board shall submit to the Committee on Labor and Human

Resources of the Senate and the Committee on Energy and Commerce of

the House of Representatives an annual report -

(1) identifying the drugs which have been designated under

section 526 of the Federal Food, Drug, and Cosmetic Act [21

U.S.C. 360bb] for a rare disease or condition,

(2) describing the activities of the Board, and

(3) containing the results of the evaluations carried out by

the Board.

The Director of the National Institutes of Health shall submit to

the Board for inclusion in the annual report a report on the rare

disease and condition research activities of the Institutes of the

National Institutes of Health; the Secretary of the Treasury shall

submit to the Board for inclusion in the annual report a report on

the use of the credit against tax provided by section 44H (!2) of

title 26; and the Secretary of Health and Human Services shall

submit to the Board for inclusion in the annual report a report on

the program of assistance under section 360ee of title 21 for the

development of drugs for rare diseases and conditions. Each annual

report shall be submitted by June 1 of each year for the preceding

calendar year.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 227, as added Pub. L.

97-414, Sec. 3, Jan. 4, 1983, 96 Stat. 2051; amended Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102-321,

title I, Sec. 163(b)(1), July 10, 1992, 106 Stat. 375; Pub. L.

102-531, title III, Sec. 312(d)(1), Oct. 27, 1992, 106 Stat. 3504.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(c)(1)(A), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended. Subchapter B of the Federal Food, Drug, and Cosmetic Act

probably means subchapter B of chapter V of the Federal Food, Drug,

and Cosmetic Act which is classified generally to part B (section

360aa et seq.) of subchapter V of chapter 9 of Title 21, Food and

Drugs. For complete classification of this Act to the Code, see

section 301 of Title 21 and Tables.

Section 44H of title 26, referred to in subsec. (e), was

renumbered section 28 of title 26, by Pub. L. 98-369, div. A, title

IV, Sec. 471(c)(1), July 18, 1984, 98 Stat. 826, and subsequently

renumbered section 45C of title 26 by Pub. L. 104-188, title I,

Sec. 1205(a)(1), Aug. 20, 1996, 110 Stat. 1775.

-MISC1-

PRIOR PROVISIONS

A prior section 236, act July 1, 1944, ch. 373, title II, Sec.

227, formerly title III, Sec. 310B, as added Oct. 30, 1970, Pub. L.

91-515, title II, Sec. 280, 84 Stat. 1307; renumbered Sec. 227 and

amended July 23, 1974, Pub. L. 93-353, title I, Sec. 102(f), 88

Stat. 362, related to an annual report by Secretary on activities

related to health facilities and services and expenditure of funds,

prior to repeal by Pub. L. 97-35, title XXI, Sec. 2193(b)(4), Aug.

13, 1981, 95 Stat. 827.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-531 substituted "Centers for

Disease Control and Prevention" for "Centers for Disease Control".

Subsec. (c)(2). Pub. L. 102-321, Sec. 163(b)(1)(A), which

directed the striking out of ", and the Alcohol, Drug Abuse, and

Mental Health Administration", was executed by striking "and the

Alcohol, Drug Abuse, and Mental Health Administration" after

"National Institutes of Health" to reflect the probable intent of

Congress.

Subsec. (c)(3). Pub. L. 102-531 substituted "Centers for Disease

Control and Prevention" for "Centers for Disease Control".

Pub. L. 102-321, Sec. 163(b)(1)(B), struck out ", the Alcohol,

Drug Abuse, and Mental Health Administration," after "National

Institutes of Health".

Subsec. (e). Pub. L. 102-321, Sec. 163(b)(1)(C), (D), in

concluding provisions, struck out "and the Administrator of the

Alcohol, Drug Abuse, and Mental Health Administration" after

"National Institutes of Health" the first place appearing and "and

the Alcohol, Drug Abuse, and Mental Health Administration" after

"National Institutes of Health" the second place appearing.

1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

Section 801 of Pub. L. 102-321 provided that:

"(a) In General. - This Act [See Tables for classification] takes

effect on the date of the enactment of this Act [July 10, 1992],

subject to subsections (b) through (d).

"(b) Amendments. - The amendments described in this Act are made

on the date of the enactment of this Act and take effect on such

date, except as provided in subsections (c) and (d).

"(c) Reorganization Under Title I. - Title I [Secs. 101-171]

takes effect on October 1, 1992. The amendments described in such

title are made on such date and take effect on such date.

"(d) Programs Providing Financial Assistance. -

"(1) Fiscal year 1993 and subsequent years. - In the case of

any program making awards of grants, cooperative agreements, or

contracts, the amendments made by this Act are effective for

awards made on or after October 1, 1992.

"(2) Prior fiscal years. -

"(A) Except as provided in subparagraph (B), in the case of

any program making awards of grants, cooperative agreements, or

contracts, if the program began operation prior to the date of

the enactment of this Act [July 10, 1992] and the program is

amended by this Act, awards made prior to October 1, 1992,

shall continue to be subject to the terms and conditions upon

which such awards were made, notwithstanding the amendments

made by this Act.

"(B) Subparagraph (A) does not apply with respect to the

amendments made by this Act to part B of title XIX of the

Public Health Service Act [section 300x et seq. of this title].

Section 205(a) [set out as a note under section 300x of this

title] applies with respect to the program established in such

part."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e) of this section relating to the requirement to submit an annual

report to certain committees of Congress, see section 3003 of Pub.

L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 101 of House Document No.

103-7.

USE OF "CDC" AS ACRONYM FOR CENTERS FOR DISEASE CONTROL AND

PREVENTION

Section 312(i) of Pub. L. 102-531 provided that: "The amendments

made by this section [amending this section, sections 247d, 280b to

280b-2, 285c-4, 285d-7, 285m-4, 289c, 290aa-9, 290bb-1, 300u-5,

300aa-2, 300aa-19, 300aa-26, 300cc, 300cc-2, 300cc-15, 300cc-17,

300cc-20, 300cc-31, 300ee-1, 300ee-2, 300ee-31, 300ee-32, 300ee-34,

300ff-11 to 300ff-13, 300ff-17, 300ff-27, 300ff-28, 300ff-41,

300ff-43, 300ff-49, 300ff-75, 4841, and 9604 of this title, section

1341 of Title 15, Commerce and Trade, section 2001 of Title 25,

Indians, and provisions set out as notes under sections 241 and 281

of this title and section 303 of Title 38, Veterans' Benefits] may

not be construed as prohibiting the Director of the Centers for

Disease Control and Prevention from utilizing for official purposes

the term 'CDC' as an acronym for such Centers."

NATIONAL COMMISSION ON ORPHAN DISEASES

Pub. L. 99-91, Sec. 4, Aug. 15, 1985, 99 Stat. 388, as amended by

Pub. L. 100-290, Sec. 4, Apr. 18, 1988, 102 Stat. 92; Pub. L.

102-321, title I, Sec. 163(c)(1), July 10, 1992, 106 Stat. 376,

provided that:

"(a) Establishment. - There is established the National

Commission on Orphan Diseases (hereinafter referred to as the

'Commission').

"(b) Duty. - The Commission shall assess the activities of the

National Institutes of Health, the Food and Drug Administration,

other public agencies, and private entities in connection with -

"(1) basic research conducted on rare diseases;

"(2) the use in research on rare diseases of knowledge

developed in other research;

"(3) applied and clinical research on the prevention,

diagnosis, and treatment of rare diseases; and

"(4) the dissemination to the public, health care

professionals, researchers, and drug and medical device

manufacturers of knowledge developed in research on rare diseases

and other diseases which can be used in the prevention,

diagnosis, and treatment of rare diseases.

"(c) Review Requirements. - In assessing the activities of the

National Institutes of Health, and the Food and Drug Administration

in connection with research on rare diseases, the Commission shall

review -

"(1) the appropriateness of the priorities currently placed on

research on rare diseases;

"(2) the relative effectiveness of grants and contracts when

used to fund research on rare diseases;

"(3) the appropriateness of specific requirements applicable to

applications for funds for research on rare diseases taking into

consideration the reasonable capacity of applicants to meet such

requirements;

"(4) the adequacy of the scientific basis for such research,

including the adequacy of the research facilities and research

resources used in such research and the appropriateness of the

scientific training of the personnel engaged in such research;

"(5) the effectiveness of activities undertaken to encourage

such research;

"(6) the organization of the peer review process applicable to

applications for funds for such research to determine if the

organization of the peer review process could be revised to

improve the effectiveness of the review provided to proposals for

research on rare diseases;

"(7) the effectiveness of the coordination between the national

research institutes of the National Institutes of Health, the

Food and Drug Administration, and private entities in supporting

such research; and

"(8) the effectiveness of activities undertaken to assure that

knowledge developed in research on nonrare diseases is, when

appropriate, used in research on rare diseases.

"(d) Composition. - The Commission shall be composed of twenty

members appointed by the Secretary of Health and Human Services as

follows:

"(1) Ten members shall be appointed from individuals who are

not officers or employees of the Government and who by virtue of

their training or experience in research on rare diseases or in

the treatment of rare diseases are qualified to serve on the

Commission.

"(2) Five members shall be appointed from individuals who are

not officers or employees of the Government and who have a rare

disease or are employed to represent or are members of an

organization concerned about rare disease.

"(3) Four nonvoting members shall be appointed for the

directors of the national research institutes of the National

Institutes of Health which the Secretary determines are involved

with rare diseases.

"(4) One nonvoting member shall be appointed from officers or

employees of the Food and Drug Administration who the Secretary

determines are involved with rare diseases.

A vacancy in the Commission shall be filled in the manner in which

the original appointment was made. If any member of the Commission

who was appointed to the Commission as a director of a national

research institute or as an officer or employee of the Food and

Drug Administration leaves that office or position, or if any

member of the Commission who was appointed from persons who are not

officers or employees of the Government becomes an officer or

employee of the Government, such member may continue as a member of

the Commission for not longer than the ninety-day period beginning

on the date such member leaves that office or position or becomes

such an officer or employee, as the case may be.

"(e) Term. - Members shall be appointed for the life of the

Commission.

"(f) Compensation. -

"(1) Except as provided in paragraph (2), members of the

Commission shall each be entitled to receive compensation at a

rate not to exceed the daily equivalent of the annual rate of

basic pay in effect for grade GS-18 of the General Schedule for

each day (including traveltime) during which they are engaged in

the actual performance of duties as members of the Commission.

"(2) Members of the Commission who are full-time officers or

employees of the Government shall receive no additional pay by

reason of their service on the Commission.

"(g) Chairman. - The Chairman of the Commission shall be

designated by the members of the Commission.

"(h) Staff. - Subject to such rules as may be prescribed by the

Commission, the Commission may appoint and fix the pay of such

personnel as it determines are necessary to enable the Commission

to carry out its functions. Personnel shall be appointed subject to

the provisions of title 5, United States Code, governing

appointments in the competitive service, and shall be paid in

accordance with the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General

Schedule pay rates.

"(i) Experts and Consultants. - Subject to such rules as may be

prescribed by the Commission, the Commission may procure temporary

and intermittent services under section 3109(b) of title 5 of the

United States Code, but at rates for individuals not to exceed the

daily equivalent of the basic pay payable for grade GS-15 of the

General Schedule.

"(j) Detail of Personnel. - Upon request of the Commission, the

head of any Federal agency is authorized to detail, on a

reimbursable basis, any of the personnel of such agency to the

Commission to assist the Commission in carrying out its functions.

"(k) Administrative Support Services. - The Administrator of

General Services shall provide to the Commission on a reimbursable

basis such administrative support services as the Commission may

request.

"(l) General Authority. - The Commission may, for the purpose of

carrying out this section, hold such hearings, sit and act at such

times and places, take such testimony, and receive such evidence,

as the Commission considers appropriate.

"(m) Information. - The Commission may secure directly from any

department or agency of the United States information necessary to

enable it to carry out this section. Upon request of the Chairman,

the head of such department or agency shall furnish such

information to the Commission.

"(n) Report. - The Commission shall transmit to the Secretary and

to each House of the Congress a report not later than February 1,

1989, on the activities of the Commission. The report shall contain

a detailed statement of the findings and conclusions of the

Commission, together with its recommendations for -

"(1) a long range plan for the use of public and private

resources to improve research into rare diseases and to assist in

the prevention, diagnosis, and treatment of rare diseases; and

"(2) such legislation or administrative actions as it considers

appropriate.

"(o) Termination. - The Commission shall terminate 90 days after

the date of the submittal of its report under subsection (n).

"(p) Funds. - The Director of the National Institutes of Health

shall make available $1,000,000 to the Commission from

appropriations for fiscal year 1986 for the National Institutes of

Health."

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a comma.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 237 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part A - Administration

-HEAD-

Sec. 237. Silvio O. Conte Senior Biomedical Research Service

-STATUTE-

(a) Creation; number of members

(1) There shall be in the Public Health Service a Silvio O. Conte

Senior Biomedical Research Service, not to exceed 500 members.

(2) The authority established in paragraph (1) regarding the

number of members in the Silvio O. Conte Senior Biomedical Research

Service is in addition to any authority established regarding the

number of members in the commissioned Regular Corps, in the Reserve

Corps, and in the Senior Executive Service. Such paragraph may not

be construed to require that the number of members in the

commissioned Regular Corps, in the Reserve Corps, or in the Senior

Executive Service be reduced to offset the number of members

serving in the Silvio O. Conte Senior Biomedical Research Service

(in this section referred to as the "Service").

(b) Appointments; qualifications; provisions inapplicable to

members

The Service shall be appointed by the Secretary without regard to

the provisions of title 5 regarding appointment, and shall consist

of individuals outstanding in the field of biomedical research or

clinical research evaluation. No individual may be appointed to the

Service unless such individual (1) has earned a doctoral level

degree in biomedicine or a related field, and (2) meets the

qualification standards prescribed by the Office of Personnel

Management for appointment to a position at GS-15 of the General

Schedule. Notwithstanding any previous applicability to an

individual who is a member of the Service, the provisions of

subchapter I of chapter 35 (relating to retention preference),

chapter 43 (relating to performance appraisal and performance

actions), chapter 51 (relating to classification), subchapter III

of chapter 53 (relating to General Schedule pay rates), and chapter

75 (relating to adverse actions) of title 5 shall not apply to any

member of the Service.

(c) Performance appraisal system

The Secretary shall develop a performance appraisal system

designed to -

(1) provide for the systematic appraisal of the performance of

members, and

(2) encourage excellence in performance by members.

(d) Pay of members

(1) The Secretary shall determine, subject to the provisions of

this subsection, the pay of members of the Service.

(2) The pay of a member of the Service shall not be less than the

minimum rate payable for GS-15 of the General Schedule and shall

not exceed the rate payable for level I of the Executive Schedule

unless approved by the President under section 5377(d)(2) of title

5.

(e) Contribution to retirement system of institutions of higher

education

The Secretary may, upon the request of a member who -

(1) performed service in the employ of an institution of higher

education immediately prior to his appointment as a member of the

Service, and

(2) retains the right to continue to make contributions to the

retirement system of such institution,

contribute an amount not to exceed 10 percent per annum of the

member's basic pay to such institution's retirement system on

behalf of such member. A member who requests that such contribution

be made shall not be covered by, or earn service credit under, any

retirement system established for employees of the United States

under title 5, but such service shall be creditable for determining

years of service under section 6303(a) of such title.

(f) Career and noncareer appointment of certain individuals

Subject to the following sentence, the Secretary may,

notwithstanding the provisions of title 5 regarding appointment,

appoint an individual who is separated from the Service

involuntarily and without cause to a position in the competitive

civil service at GS-15 of the General Schedule, and such

appointment shall be a career appointment. In the case of such an

individual who immediately prior to his appointment to the Service

was not a career appointee in the civil service or the Senior

Executive Service, such appointment shall be in the excepted civil

service and may not exceed a period of 2 years.

(g) Rules and regulations

The Secretary shall promulgate such rules and regulations, not

inconsistent with this section, as may be necessary for the

efficient administration of the Service.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 228, as added Pub. L.

101-509, title V, Sec. 529 [title III, Sec. 304(a)], Nov. 5, 1990,

104 Stat. 1427, 1463; amended Pub. L. 103-43, title XX, Sec. 2001,

June 10, 1993, 107 Stat. 208.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (b), (d)(2), and

(f), is set out under section 5332 of Title 5, Government

Organization and Employees.

The provisions of title 5 regarding appointments, referred to in

subsecs. (b) and (f), are classified to section 3301 et seq. of

Title 5.

Level I of the Executive Schedule, referred to in subsec. (d)(2),

is set out in section 5312 of Title 5.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-43, Sec. 2001(b), substituted "Silvio O. Conte

Senior Biomedical Research Service" for "Senior Biomedical Research

Service" in section catchline.

Subsec. (a). Pub. L. 103-43, Sec. 2001(a), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "There

shall be in the Public Health Service a Senior Biomedical Research

Service (hereinafter in this section referred to as the 'Service'),

not to exceed 350 members at any time."

EFFECTIVE DATE

Section effective on the 90th day following Nov. 5, 1990, see

section 529 [title III, Sec. 304(c)] of Pub. L. 101-509, set out as

an Effective Date of 1990 Amendment note under section 212 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 212 of this title.

-End-

-CITE-

42 USC Part B - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

PART B - MISCELLANEOUS PROVISIONS

-COD-

CODIFICATION

This part was classified to subchapter XXV (Sec. 300aaa et seq.)

of this chapter prior to its renumbering by Pub. L. 103-43, title

XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.

-End-

-CITE-

42 USC Sec. 238 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238. Gifts for benefit of Service

-STATUTE-

(a) Acceptance by Secretary

The Secretary of Health and Human Services is authorized to

accept on behalf of the United States gifts made unconditionally by

will or otherwise for the benefit of the Service or for the

carrying out of any of its functions. Conditional gifts may be so

accepted if recommended by the Surgeon General, and the principal

of and income from any such conditional gift shall be held,

invested, reinvested, and used in accordance with its conditions,

but no gift shall be accepted which is conditioned upon any

expenditure not to be met therefrom or from the income thereof

unless such expenditure has been approved by Act of Congress.

(b) Depository of funds; availability for expenditure

Any unconditional gift of money accepted pursuant to the

authority granted in subsection (a) of this section, the net

proceeds from the liquidation (pursuant to subsection (c) or

subsection (d) of this section) of any other property so accepted,

and the proceeds of insurance on any such gift property not used

for its restoration, shall be deposited in the Treasury of the

United States and are hereby appropriated and shall be held in

trust by the Secretary of the Treasury for the benefit of the

Service, and he may invest and reinvest such funds in

interest-bearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United States.

Such gifts and the income from such investments shall be available

for expenditure in the operation of the Service and the performance

of its functions, subject to the same examination and audit as is

provided for appropriations made for the Service by Congress.

(c) Evidences of unconditional gifts of intangible property

The evidences of any unconditional gift of intangible personal

property, other than money, accepted pursuant to the authority

granted in subsection (a) of this section shall be deposited with

the Secretary of the Treasury and he, in his discretion, may hold

them, or liquidate them except that they shall be liquidated upon

the request of the Secretary of Health and Human Services whenever

necessary to meet payments required in the operation of the Service

or the performance of its functions. The proceeds and income from

any such property held by the Secretary of the Treasury shall be

available for expenditure as is provided in subsection (b) of this

section.

(d) Real property or tangible personal property

The Secretary of Health and Human Services, shall hold any real

property or any tangible personal property accepted unconditionally

pursuant to the authority granted in subsection (a) of this section

and he shall permit such property to be used for the operation of

the Service and the performance of its functions or he may lease or

hire such property, and may insure such property, and deposit the

income thereof with the Secretary of the Treasury to be available

for expenditure as provided in subsection (b) of this section:

Provided, That the income from any such real property or tangible

personal property shall be available for expenditure in the

discretion of the Secretary of Health and Human Services, for the

maintenance, preservation, or repair and insurance of such property

and that any proceeds from insurance may be used to restore the

property insured. Any such property when not required for the

operation of the Service or the performance of its functions may be

liquidated by the Secretary of Health and Human Services, and the

proceeds thereof deposited with the Secretary of the Treasury,

whenever in his judgment the purposes of the gifts will be served

thereby.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 231, formerly title V, Sec.

501, 58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425;

June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan

No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;

Pub. L. 90-574, title V, Sec. 503(b), Oct. 15, 1968, 82 Stat. 1012;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

renumbered title XXI, Sec. 2101, Pub. L. 98-24, Sec. 2(a)(1), Apr.

26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2301, Pub. L.

99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;

renumbered title XXV, Sec. 2501, Pub. L. 100-607, title II, Sec.

201(1), (2), Nov. 4, 1988, 102 Stat. 3062; renumbered title XXVI,

Sec. 2601, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988,

102 Stat. 4244; renumbered title XXVII, Sec. 2701, Pub. L. 101-381,

title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered

title II, Sec. 231, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3),

June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa of this title

prior to renumbering by Pub. L. 103-43, to section 300cc of this

title prior to renumbering by Pub. L. 100-607, to section 300aa of

this title prior to renumbering by Pub. L. 99-660, and to section

219 of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1968 - Subsec. (e). Pub. L. 90-574 struck out subsec. (e) which

provided for acknowledgment of donations of $50,000 or more in aid

of research by the establishment of suitable memorials within the

National Institutes of Health and the National Institute of Mental

Health.

1948 - Subsec. (e). Act June 16, 1948, substituted "National

Institutes of Health" for "National Institute of Health".

1946 - Subsec. (e). Act July 3, 1946, inserted reference to

National Institute of Mental Health.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 284a, 285q-2, 286, 287a,

289f of this title.

-End-

-CITE-

42 USC Sec. 238a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238a. Use of immigration station hospitals

-STATUTE-

The Immigration and Naturalization Service may, by agreement of

the heads of the departments concerned, permit the Public Health

Service to use hospitals at immigration stations for the care of

Public Health Service patients. The Surgeon General shall reimburse

the Immigration and Naturalization Service for the actual cost of

furnishing fuel, light, water, telephone, and similar supplies and

services, which reimbursement shall be covered into the proper

Immigration and Naturalization Service appropriation, or such costs

may be paid from working funds established as provided by law, but

no charge shall be made for the expense of physical upkeep of the

hospitals. The Immigration and Naturalization Service shall

reimburse the Surgeon General for the care and treatment of persons

detained in hospitals of the Public Health Service at the request

of the Immigration and Naturalization Service unless such persons

are entitled to care and treatment under section 249(a) (!1) of

this title.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 232, formerly title V, Sec.

502, 58 Stat. 710, renumbered title XXI, Sec. 2102, Pub. L. 98-24,

Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,

Sec. 2302, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,

100 Stat. 3755; renumbered title XXV, Sec. 2502, Pub. L. 100-607,

title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062;

renumbered title XXVI, Sec. 2602, Pub. L. 100-690, title II, Sec.

2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,

Sec. 2702, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,

1990, 104 Stat. 576; renumbered title II, Sec. 232, Pub. L. 103-43,

title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-REFTEXT-

REFERENCES IN TEXT

Subsec. (a) of section 249 of this title, referred to in text,

which related to persons entitled to care and treatment without

charge, was repealed, and subsec. (c) of section 249 of this title

was redesignated as subsec. (a), by Pub. L. 97-35, title IX, Sec.

986(a), (b)(2), Aug. 13, 1981, 95 Stat. 603.

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-1 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-1 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-1

of this title prior to renumbering by Pub. L. 99-660, and to

section 220 of this title prior to renumbering by Pub. L. 98-24.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions all agencies of or in Public Health

Service transferred to Secretary of Health, Education, and Welfare

by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80

Stat. 1610, set out as a note under section 202 of this title.

Secretary of Health, Education, and Welfare redesignated Secretary

of Health and Human Services by section 509(b) of Pub. L. 96-88

which is classified to section 3508(b) of Title 20, Education.

Functions of all other officers of Department of Justice and

functions of all agencies and employees of such Department, with a

few exceptions, transferred to Attorney General, with power vested

in him to authorize their performance or performance of any of his

functions by any of such officers, agencies, and employees, by

sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. May 24, 1950,

15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and

Naturalization Service, referred to in this section, was a bureau

in Department of Justice.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 238b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238b. Disposition of money collected for care of patients

-STATUTE-

Money collected as provided by law for expenses incurred in the

care and treatment of foreign seamen, and money received for the

care and treatment of pay patients, including any amounts received

from any executive department on account of care and treatment of

pay patients, shall be covered into the appropriation from which

the expenses of such care and treatment were paid.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 233, formerly title V, Sec.

503, 58 Stat. 710, renumbered title XXI, Sec. 2103, Pub. L. 98-24,

Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,

Sec. 2303, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,

100 Stat. 3755; renumbered title XXV, Sec. 2503, Pub. L. 100-607,

title II, Sec. 201(1), (2), Nov. 4, 1988, 102 Stat. 3062;

renumbered title XXVI, Sec. 2603, Pub. L. 100-690, title II, Sec.

2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,

Sec. 2703, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,

1990, 104 Stat. 576; renumbered title II, Sec. 233, Pub. L. 103-43,

title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-2 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-2 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-2

of this title prior to renumbering by Pub. L. 99-660, and to

section 221 of this title prior to renumbering by Pub. L. 98-24.

-End-

-CITE-

42 USC Sec. 238c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238c. Transportation of remains of officers

-STATUTE-

Appropriations available for traveling expenses of the Service

shall be available for meeting the cost of preparation for burial

and of transportation to the place of burial of remains of

commissioned officers, and of personnel specified in regulations,

who die in line of duty. Appropriations available for carrying out

the provisions of this chapter shall also be available for the

payment of such expenses relating to the recovery, care and

disposition of the remains of personnel or their dependents as may

be authorized under other provisions of law.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 234, formerly title V, Sec.

506, 58 Stat. 710; July 15, 1954, ch. 507, Sec. 14(b), 68 Stat.

481; renumbered title XXI, Sec. 2106, Pub. L. 98-24, Sec. 2(a)(1),

Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2306,

Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat.

3755; renumbered title XXV, Sec. 2504, Pub. L. 100-607, title II,

Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered

title XXVI, Sec. 2604, Pub. L. 100-690, title II, Sec. 2620(a),

Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2704,

Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104

Stat. 576; renumbered title II, Sec. 234, Pub. L. 103-43, title XX,

Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-3 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-5 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-5

of this title prior to renumbering by Pub. L. 99-660, and to

section 224 of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1954 - Act July 15, 1954, inserted sentence at end relating to

availability of appropriations for paying expenses relating to

recovery, care, and disposition of the remains of personnel or

their dependents.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-MISC2-

DISPOSITION OF REMAINS OF DECEASED PERSONNEL

Recovery, care and disposition of the remains of deceased members

of the uniformed services and other deceased personnel, see section

1481 et seq. of Title 10, Armed Forces.

-End-

-CITE-

42 USC Sec. 238d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238d. Availability of appropriations for grants to Federal

institutions

-STATUTE-

Appropriations to the Public Health Service available under this

chapter for research, training, or demonstration project grants or

for grants to expand existing treatment and research programs and

facilities for alcoholism, narcotic addiction, drug abuse, and drug

dependence and appropriations under title VI of the Mental Health

Systems Act [42 U.S.C. 9511 et seq.] shall also be available on the

same terms and conditions as apply to non-Federal institutions, for

grants for the same purpose to Federal institutions, except that

grants to Federal institutions may be funded at 100 per centum of

the costs.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 235, formerly title V, Sec.

507, as added Pub. L. 90-31, Sec. 5, June 24, 1967, 81 Stat. 79;

amended Pub. L. 91-513, title I, Sec. 3(c), Oct. 27, 1970, 84 Stat.

1241; Pub. L. 94-278, title XI, Sec. 1102(b), Apr. 22, 1976, 90

Stat. 415; Pub. L. 96-398, title VIII, Sec. 804(b), Oct. 7, 1980,

94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(2), Aug. 13,

1981, 95 Stat. 560; renumbered title XXI, Sec. 2107, Pub. L. 98-24,

Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII,

Sec. 2307, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986,

100 Stat. 3755; renumbered title XXV, Sec. 2505, Pub. L. 100-607,

title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063;

renumbered title XXVI, Sec. 2605, Pub. L. 100-690, title II, Sec.

2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,

Sec. 2705, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,

1990, 104 Stat. 576; renumbered title II, Sec. 235, Pub. L. 103-43,

title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-REFTEXT-

REFERENCES IN TEXT

The Mental Health Systems Act, referred to in text, is Pub. L.

96-398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title VI of the

Mental Health Systems Act is classified generally to subchapter V

(Sec. 9511 et seq.) of chapter 102 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 9401 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-4 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-6 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-6

of this title prior to renumbering by Pub. L. 99-660, and to

section 225a of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 struck out provisions relating to

appropriations available under Community Mental Health Centers Act

for construction, etc.

1980 - Pub. L. 96-398 struck out "and" after "drug dependence,"

and inserted reference to title VI of the Mental Health Systems

Act.

1976 - Pub. L. 94-278 substituted "Federal institutions, except

that grants to" for "hospitals of the Service, of the Veterans'

Administration, or of the Bureau of Prisons of the Department of

Justice, and to Saint Elizabeths Hospital, except grants to such".

1970 - Pub. L. 91-513 inserted references to appropriations

available for grants to expand existing treatment and research

programs and facilities for alcoholism, narcotic addiction, drug

abuse, and drug dependence, and appropriations available under

Community Mental Health Centers Act for construction and staffing

of community mental health centers and alcoholism and narcotic

addiction, drug abuse, and drug dependence facilities, and inserted

provision that grants to specified Federal institutions may be

funded at 100 per centum of the costs.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

902(h) of Pub. L. 97-35, set out as a note under section 238l of

this title.

EFFECTIVE DATE

Section 5 of Pub. L. 90-31 provided that this section is

effective July 1, 1968.

-End-

-CITE-

42 USC Sec. 238e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238e. Transfer of funds

-STATUTE-

For the purpose of any reorganization under section 203 of this

title, the Secretary, with the approval of the Director of the

Office of Management and Budget, is authorized to make such

transfers of funds between appropriations as may be necessary for

the continuance of transferred functions.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 236, formerly title V, Sec.

508, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr.

11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, Sec.

102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered

title XXI, Sec. 2108, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983,

97 Stat. 176; renumbered title XXIII, Sec. 2308, Pub. L. 99-660,

title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered

title XXV, Sec. 2506, Pub. L. 100-607, title II, Sec. 201(1), (3),

Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec.

2606, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102

Stat. 4244; renumbered title XXVII, Sec. 2706, Pub. L. 101-381,

title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered

title II, Sec. 236, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3),

June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-5 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-7 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-7

of this title prior to renumbering by Pub. L. 99-660, and to

section 226 of this title prior to renumbering by Pub. L. 98-24.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President of the United States by section 101 of Reorg. Plan No. 2

of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in

the Appendix to Title 5, Government Organization and Employees.

Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the

Budget as Office of Management and Budget.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 238f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238f. Availability of appropriations

-STATUTE-

Appropriations for carrying out the purposes of this chapter

shall be available for expenditure for personal services and rent

at the seat of Government; books of reference, periodicals, and

exhibits; printing and binding; transporting in Government-owned

automotive equipment, to and from school, children of personnel who

have quarters for themselves and their families at stations

determined by the Surgeon General to be isolated stations; expenses

incurred in pursuing, identifying, and returning prisoners who

escape from any hospital, institution, or station of the Service or

from the custody of any officer or employee of the Service,

including rewards for the capture of such prisoners; furnishing,

repairing, and cleaning such wearing apparel as may be prescribed

by the Surgeon General for use by employees in the performance of

their official duties; reimbursing officers and employees, subject

to regulations of the Secretary, for the cost of repairing or

replacing their personal belongings damaged or destroyed by

patients while such officers or employees are engaged in the

performance of their official duties; and maintenance of buildings

of the National Institutes of Health.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 237, formerly title V, Sec.

509, 58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469;

June 25, 1948, ch. 654, Sec. 7, 62 Stat. 1018; 1953 Reorg. Plan No.

1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;

renumbered title XXI, Sec. 2109, Pub. L. 98-24, Sec. 2(a)(1), Apr.

26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2309, Pub. L.

99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;

renumbered title XXV, Sec. 2507, Pub. L. 100-607, title II, Sec.

201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title

XXVI, Sec. 2607, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,

1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2707, Pub. L.

101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;

renumbered title II, Sec. 237, Pub. L. 103-43, title XX, Sec.

2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-6 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-8 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-8

of this title prior to renumbering by Pub. L. 99-660, and to

section 227 of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, amended section generally to make it

apply to all appropriations to carry out the purposes of the

Service instead of merely to appropriations to carry out the

research functions of the Service.

Act June 16, 1948, substituted "National Institutes of Health"

for "National Institute of Health".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 3501 of this title. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20.

-MISC2-

BUY AMERICAN PROVISIONS

Section 2004 of Pub. L. 103-43, as amended by Pub. L. 105-392,

title IV, Sec. 416(a), (b), Nov. 13, 1998, 112 Stat. 3590, provided

that:

"(a) Sense of Congress Regarding Purchase of American-Made

Equipment and Products. - In the case of any equipment or product

that may be authorized to be purchased with financial assistance

provided pursuant to this Act for any of the fiscal years 1994

through 1996, it is the sense of the Congress that entities

receiving such assistance should, in expending the assistance,

purchase only American-made equipment and products.

"(b) Notice to Recipients of Assistance. - In providing financial

assistance pursuant to this Act, the Secretary of Health and Human

Services shall provide to each recipient of the assistance a notice

describing the statement made in subsection (a) by the Congress."

[Pub. L. 105-392, title IV, Sec. 416(c), Nov. 13, 1998, 112 Stat.

3591, provided that: "This section [amending section 2004 of Pub.

L. 103-43, set out above] is deemed to have taken effect

immediately after the enactment of Public Law 103-43 [June 10,

1993]."]

AVAILABILITY OF APPROPRIATIONS FOR ACTIVE COMMISSIONED OFFICERS AND

OTHER EXPENSES

Pub. L. 102-394, title II, Sec. 202, Oct. 6, 1992, 106 Stat.

1810, provided that: "Appropriations in this or any other Act or

subsequent Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Acts shall be

available for expenses for active commissioned officers in the

Public Health Service Reserve Corps and for not to exceed 2,800

commissioned officers in the Regular Corps; expenses incident to

the dissemination of health information in foreign countries

through exhibits and other appropriate means; advances of funds for

compensation, travel, and subsistence expenses (or per diem in lieu

thereof) for persons coming from abroad to participate in health or

scientific activities of the Department pursuant to law; expenses

of primary and secondary schooling of dependents in foreign

countries, of Public Health Service commissioned officers stationed

in foreign countries, at costs for any given area not in excess of

those of the Department of Defense for the same area, when it is

determined by the Secretary that the schools available in the

locality are unable to provide adequately for the education of such

dependents, and for the transportation of such dependents, between

such schools and their places of residence when the schools are not

accessible to such dependents by regular means of transportation;

expenses for medical care for civilian and commissioned employees

of the Public Health Service and their dependents assigned abroad

on a permanent basis in accordance with such regulations as the

Secretary may provide; rental or lease of living quarters (for

periods not exceeding five years), and provision of heat, fuel, and

light and maintenance, improvement, and repair of such quarters,

and advance payments therefor, for civilian officers and employees

of the Public Health Service who are United States citizens and who

have a permanent station in a foreign country; purchase, erection,

and maintenance of temporary or portable structures; and for the

payment of compensation to consultants or individual scientists

appointed for limited periods of time pursuant to section 207(f) or

section 207(g) of the Public Health Service Act [42 U.S.C. 209(f),

(g)], at rates established by the Assistant Secretary for Health,

or the Secretary where such action is required by statute, not to

exceed the per diem rate equivalent to the maximum rate payable for

senior-level positions under 5 U.S.C. 5376."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title II, Sec. 202, Nov. 26, 1991, 105 Stat.

1126.

Pub. L. 101-517, title II, Sec. 202, Nov. 5, 1990, 104 Stat.

2208.

Pub. L. 101-166, title II, Sec. 203, Nov. 21, 1989, 103 Stat.

1176.

Pub. L. 100-202, Sec. 101(h) [title II, Sec. 203], Dec. 22, 1987,

101 Stat. 1329-256, 1329-273.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 203], Oct.

18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.

5233, title II, Sec. 203], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title II, Sec. 203, Dec. 12, 1985, 99 Stat. 1118.

Pub. L. 98-619, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3320.

Pub. L. 98-139, title II, Sec. 203, Oct. 31, 1983, 97 Stat. 887.

Pub. L. 97-377, title I, Sec. 101(e)(1) [title II, Sec. 203],

Dec. 21, 1982, 96 Stat. 1878, 1893.

CREDITING OF PAYMENTS FOR ROOM AND BOARD TO APPROPRIATION ACCOUNTS

Pub. L. 102-394, title II, Sec. 206, Oct. 6, 1992, 106 Stat.

1811, provided that: "Hereafter amounts received from employees of

the Department in payment for room and board may be credited to the

appropriation accounts which finance the activities of the Public

Health Service."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title II, Sec. 206, Nov. 26, 1991, 105 Stat.

1126.

Pub. L. 101-517, title II, Sec. 206, Nov. 5, 1990, 104 Stat.

2209.

Pub. L. 101-166, title II, Sec. 207, Nov. 21, 1989, 103 Stat.

1177.

-End-

-CITE-

42 USC Sec. 238g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238g. Wearing of uniforms

-STATUTE-

Except as may be authorized by regulations of the President, the

insignia and uniform of commissioned officers of the Service, or

any distinctive part of such insignia or uniform, or any insignia

or uniform any part of which is similar to a distinctive part

thereof, shall not be worn, after the promulgation of such

regulations, by any person other than a commissioned officer of the

Service.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 238, formerly title V, Sec.

510, 58 Stat. 711; June 25, 1948, ch. 645, Sec. 5, 62 Stat. 859;

renumbered title XXI, Sec. 2110, Pub. L. 98-24, Sec. 2(a)(1), Apr.

26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2310, Pub. L.

99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;

renumbered title XXV, Sec. 2508, Pub. L. 100-607, title II, Sec.

201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title

XXVI, Sec. 2608, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,

1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2708, Pub. L.

101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;

renumbered title II, Sec. 238, Pub. L. 103-43, title XX, Sec.

2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-7 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-9 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-9

of this title prior to renumbering by Pub. L. 99-660, and to

section 228 of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions. See

section 702 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment effective Sept. 1, 1948, see section 20 of act June 25,

1948.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

DELEGATION OF FUNCTIONS

Functions of President delegated to Secretary of Health and Human

Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as

amended, set out as a note under section 202 of this title.

-End-

-CITE-

42 USC Sec. 238h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238h. Biennial report

-STATUTE-

The Surgeon General shall transmit to the Secretary, for

submission to the Congress, on January 1, 1995, and on January 1,

every 2 years thereafter, a full report of the administration of

the functions of the Service under this chapter, including a

detailed statement of receipts and disbursements.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 239, formerly title V, Sec.

511, 58 Stat. 711; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr.

11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, Sec.

2111, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176;

renumbered title XXIII, Sec. 2311, Pub. L. 99-660, title III, Sec.

311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec.

2509, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988,

102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2609, Pub. L.

100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244;

renumbered title XXVII, Sec. 2709, Pub. L. 101-381, title I, Sec.

101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II,

Sec. 239, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10,

1993, 107 Stat. 213; Pub. L. 104-66, title I, Sec. 1062(a), Dec.

21, 1995, 109 Stat. 720.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-8 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-10 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-10

of this title prior to renumbering by Pub. L. 99-660, and to

section 229 of this title prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 amended section catchline and text

generally. Prior to amendment, text read as follows: "The Surgeon

General shall transmit to the Secretary, for submission to the

Congress at the beginning of each regular session, a full report of

the administration of the functions of the Service under this

chapter, including a detailed statement of receipts and

disbursements."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which item 3 on page 101 identifies a reporting provision which, as

subsequently amended, is contained in this section), see section

3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A,

Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section

1113 of Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out as a note under section 202 of this title. Federal Security

Agency and office of Administrator abolished by section 8 of Reorg.

Plan No. 1 of 1953. Secretary and Department of Health, Education,

and Welfare redesignated Secretary and Department of Health and

Human Services by section 509(b) of Pub. L. 96-88 which is

classified to section 3508(b) of Title 20.

-MISC2-

AGENCY REPORTING REQUIREMENTS; REPORT BY SECRETARY OF HEALTH,

EDUCATION, AND WELFARE TO CONGRESSIONAL COMMITTEES RELATING TO

REQUIREMENTS, TERMINATION, ETC.

Pub. L. 93-641, Sec. 7, Jan. 4, 1975, 88 Stat. 2275, provided

that by Jan. 4, 1976, the Secretary of Health, Education, and

Welfare report to specific committees of the Senate and the House

of Representatives on the identity, due date, etc., of certain

reports required under the Public Health Service Act, the Mental

Retardation Facilities and Community Mental Health Centers

Construction Act of 1963, or the Comprehensive Alcohol Abuse and

Alcoholism Prevention, Treatment and Rehabilitation Act of 1970.

-End-

-CITE-

42 USC Sec. 238i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238i. Memorials and other acknowledgments for contributions to

health of Nation

-STATUTE-

The Secretary may provide for suitably acknowledging, within the

Department (whether by memorials, designations, or other suitable

acknowledgments), (1) efforts of persons who have contributed

substantially to the health of the Nation and (2) gifts for use in

activities of the Department related to health.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 240, formerly title V, Sec.

512, as added Pub. L. 90-574, title V, Sec. 503(a), Oct. 15, 1968,

82 Stat. 1012; renumbered title XXI, Sec. 2112, Pub. L. 98-24, Sec.

2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec.

2312, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100

Stat. 3755; renumbered title XXV, Sec. 2510, Pub. L. 100-607, title

II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063;

renumbered title XXVI, Sec. 2610, Pub. L. 100-690, title II, Sec.

2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII,

Sec. 2710, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18,

1990, 104 Stat. 576; renumbered title II, Sec. 240, Pub. L. 103-43,

title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-9 of this title

prior to renumbering by Pub. L. 103-43, to section 300cc-11 of this

title prior to renumbering by Pub. L. 100-607, to section 300aa-11

of this title prior to renumbering by Pub. L. 99-660, and to

section 229a of this title prior to renumbering by Pub. L. 98-24.

-End-

-CITE-

42 USC Sec. 238j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238j. Evaluation of programs

-STATUTE-

(a) In general

Such portion as the Secretary shall determine, but not less than

0.2 percent nor more than 1 percent, of any amounts appropriated

for programs authorized under this chapter shall be made available

for the evaluation (directly, or by grants of contracts) of the

implementation and effectiveness of such programs.

(b) Report on evaluations

Not later than February 1 of each year, the Secretary shall

prepare and submit to the Committee on Labor and Human Resources of

the Senate and the Committee on Energy and Commerce of the House of

Representatives a report summarizing the findings of the

evaluations conducted under subsection (a) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 241, formerly title V, Sec.

513, as added Pub. L. 91-296, title IV, Sec. 401(a), June 30, 1970,

84 Stat. 351; amended Pub. L. 96-398, title VIII, Sec. 804(c), Oct.

7, 1980, 94 Stat. 1608; Pub. L. 97-35, title IX, Sec. 902(g)(3),

Aug. 13, 1981, 95 Stat. 560; renumbered title XXI, Sec. 2113, Pub.

L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered

title XXIII, Sec. 2313, Pub. L. 99-660, title III, Sec. 311(a),

Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2511,

Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102

Stat. 3062, 3063; renumbered title XXVI, Sec. 2611, Pub. L.

100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244;

renumbered title XXVII, Sec. 2711, Pub. L. 101-381, title I, Sec.

101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II,

Sec. 241, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10,

1993, 107 Stat. 213; Pub. L. 103-183, title VII, Sec. 701, Dec. 14,

1993, 107 Stat. 2239.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-10 of this

title prior to renumbering by Pub. L. 103-43, to section 300cc-12

of this title prior to renumbering by Pub. L. 100-607, to section

300aa-12 of this title prior to renumbering by Pub. L. 99-660, and

to section 229b of this title prior to renumbering by Pub. L.

98-24.

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-183 amended section generally. Prior to

amendment, section read as follows: "Such portion as the Secretary

may determine, but not more than 1 per centum, of any appropriation

for grants, contracts, or other payments under any provision of

this chapter, the Mental Health Systems Act, the Act of August 5,

1954 (Public Law 568, Eighty-third Congress), or the Act of August

16, 1957 (Public Law 85-151), for any fiscal year beginning after

June 30, 1970, shall be available for evaluation (directly, or by

grants or contracts) of any program authorized by this chapter or

any of such other Acts, and, in the case of allotments from any

such appropriation, the amount available for allotment shall be

reduced accordingly."

1981 - Pub. L. 97-35 struck out references to Mental Retardation

Facilities Construction Act and Community Mental Health Centers

Act.

1980 - Pub. L. 96-398 inserted reference to Mental Health Systems

Act.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1993 AMENDMENT

Section 701 of Pub. L. 103-183 provided that the amendment made

by that section is effective Oct. 1, 1994.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

902(h) of Pub. L. 97-35, set out as a note under section 238l of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 299c-6, 300ff-74 of this

title.

-End-

-CITE-

42 USC Sec. 238k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238k. Contract authority

-STATUTE-

The authority of the Secretary to enter into contracts under this

chapter shall be effective for any fiscal year only to such extent

or in such amounts as are provided in advance by appropriation

Acts.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 242, formerly title V, Sec.

514, as added Pub. L. 95-623, Sec. 11(e), Nov. 9, 1978, 92 Stat.

3456; renumbered title XXI, Sec. 2114, Pub. L. 98-24, Sec. 2(a)(1),

Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, Sec. 2314,

Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat.

3755; renumbered title XXV, Sec. 2512, Pub. L. 100-607, title II,

Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered

title XXVI, Sec. 2612, Pub. L. 100-690, title II, Sec. 2620(a),

Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2712,

Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104

Stat. 576; renumbered title II, Sec. 242, Pub. L. 103-43, title XX,

Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-COD-

CODIFICATION

Section was formerly classified to section 300aaa-11 of this

title prior to renumbering by Pub. L. 103-43, to section 300cc-13

of this title prior to renumbering by Pub. L. 100-607, to section

300aa-13 of this title prior to renumbering by Pub. L. 99-660, and

to section 229c of this title prior to renumbering by Pub. L.

98-24.

-MISC1-

OBLIGATIONS RELATED TO AGREEMENT WITH PRIVATE ENTITIES

Pub. L. 105-277, div. A, Sec. 101(f) [title II], Oct. 21, 1998,

112 Stat. 2681-337, 2681-349, provided in part: "That hereinafter

obligations may be incurred related to agreement with private

entities without receipt of advance payment."

-End-

-CITE-

42 USC Sec. 238l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238l. Recovery

-STATUTE-

(a) Right of United States to recover base amount plus interest

If any facility with respect to which funds have been paid under

the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.]

(as such Act was in effect prior to October 1, 1981) is, at any

time within twenty years after the completion of remodeling,

construction, or expansion or after the date of its acquisition -

(1) sold or transferred to any entity (A) which would not have

been qualified to file an application under section 222 of such

Act [42 U.S.C. 2689j] (as such section was in effect prior to

October 1, 1981) or (B) which is disapproved as a transferee by

the State mental health agency or by another entity designated by

the chief executive officer of the State, or

(2) ceases to be used by a community mental health center in

the provision of comprehensive mental health services,

the United States shall be entitled to recover from the transferor,

transferee, or owner of the facility, the base amount prescribed by

subsection (c)(1) of this section plus the interest (if any)

prescribed by subsection (c)(2) of this section.

(b) Notice of sale, transfer, or change

The transferor and transferee of a facility that is sold or

transferred as described in subsection (a)(1) of this section, or

the owner of a facility the use of which changes as described in

subsection (a)(2) of this section, shall provide the Secretary

written notice of such sale, transfer, or change within 10 days

after the date on which such sale, transfer, or cessation of use

occurs or within 30 days after October 22, 1985, whichever is

later.

(c) Base amount; interest

(1) The base amount that the United States is entitled to recover

under subsection (a) of this section 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 so

much of the facility as constituted an approved project or projects

as the amount of the Federal participation bore to the cost of the

remodeling, construction, expansion, or acquisition of the project

or projects.

(2)(A) The interest that the United States is entitled to recover

under subsection (a) of this section 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

ninety-one-day Treasury bills auctioned during that period.

(B) The period referred to in subparagraph (A) is the period

beginning -

(i) if notice is provided as prescribed by subsection (b) of

this section, 191 days after the date on which such sale,

transfer, or cessation of use occurs, or

(ii) if notice is not provided as prescribed by subsection (b)

of this section, 11 days after such sale, transfer, or cessation

of use occurs,

and ending on the date the amount the United States is entitled to

recover is collected.

(d) Waiver of recovery rights

The Secretary may waive the recovery rights of the United States

under subsection (a) of this section 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) Pre-judgment lien

The right of recovery of the United States under subsection (a)

of this section shall not, prior to judgment, constitute a lien on

any facility.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 243, formerly title V, Sec.

515, formerly Pub. L. 88-164, title II, Sec. 225, as added Pub. L.

94-63, title III, Sec. 303, July 29, 1975, 89 Stat. 326; amended

Pub. L. 95-622, title I, Sec. 110(c), Nov. 9, 1978, 92 Stat. 3420;

renumbered title V, Sec. 515, and amended Pub. L. 97-35, title IX,

Sec. 902(e)(2)(A), Aug. 13, 1981, 95 Stat. 560; renumbered title

XXI, Sec. 2115, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97

Stat. 176; Pub. L. 99-129, title II, Sec. 226(a), Oct. 22, 1985, 99

Stat. 546; renumbered title XXIII, Sec. 2315, Pub. L. 99-660, title

III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title

XXV, Sec. 2513, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov.

4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2613,

Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat.

4244; renumbered title XXVII, Sec. 2713, Pub. L. 101-381, title I,

Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; Pub. L. 102-229,

title II, Sec. 208, Dec. 12, 1991, 105 Stat. 1716; Pub. L. 102-239,

Sec. 1, Dec. 17, 1991, 105 Stat. 1912; renumbered title II, Sec.

243, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993,

107 Stat. 213.)

-REFTEXT-

REFERENCES IN TEXT

The Community Mental Health Centers Act, referred to in subsec.

(a), is title II of Pub. L. 88-164, as added by Pub. L. 94-63,

title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended,

which was classified principally to subchapter III (Sec. 2689 et

seq.) of chapter 33 of this title prior to its repeal by Pub. L.

97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.

Section 222 of the Community Mental Health Centers Act was

classified to section 2689j of this title prior to its repeal.

-COD-

CODIFICATION

Section was classified to section 300aaa-12 of this title prior

to renumbering by Pub. L. 103-43, to section 300cc-14 of this title

prior to renumbering by Pub. L. 100-607, to section 300aa-14 of

this title prior to renumbering by Pub. L. 99-660, to section 229d

of this title prior to renumbering by Pub. L. 98-24, and to section

2689m of this title prior to renumbering by Pub. L. 97-35.

-MISC1-

AMENDMENTS

1991 - Subsec. (d). Pub. L. 102-229 and Pub. L. 102-239 amended

subsec. (d) identically, substituting "subsection (a)" for

"subsection (a)(2)".

1985 - Pub. L. 99-129 amended section generally. Prior to

amendment, section read as follows: "If any facility of a community

mental health center acquired, remodeled, constructed, or expanded

with funds provided under the Community Mental Health Centers Act

is, at any time within twenty years after the completion of such

remodeling, construction, or expansion or after the date of its

acquisition with such funds -

"(1) sold or transferred to any person or entity (A) which is

not qualified to file an application under section 222 of the

Community Mental Health Centers Act, or (B) which is not approved

as a transferee by the State agency of the State in which such

facility is located, or its successor; or

"(2) not used by a community mental health center in the

provision of comprehensive mental health services, and the

Secretary has not determined that there is good cause for

termination of such use,

the United States shall be entitled to recover from either the

transferor or the transferee in the case of a sale or transfer or

from the owner in the case of termination of use an amount bearing

the same ratio to the then value (as determined by the agreement of

the parties or by action brought in the United States district

court for the district in which the center is situated) of so much

of such facility or center as constituted an approved project or

projects, as the amount of the Federal participation bore to the

acquisition, remodeling, construction, or expansion cost of such

project or projects. Such right of recovery shall not constitute a

lien upon such facility or center prior to judgment."

1981 - Pub. L. 97-35 substituted "the Community Mental Health

Centers Act" for "this subchapter" and "section 222 of the

Community Mental Health Centers Act" for "section 2689j of this

title".

1978 - Pub. L. 95-622 substituted "this subchapter" for "this

part".

EFFECTIVE DATE OF 1985 AMENDMENT

Section 226(b) of Pub. L. 99-129 provided that: "In the case of

any facility that was or is constructed, remodeled, expanded, or

acquired on or before the date of enactment of this Act [Oct. 22,

1985] or within 180 days after the date of enactment of this Act,

the period described in clause (i) or (ii), as the case may be, of

section 2115(c)(2)(B) [now 243(c)(2)(B)] of the Public Health

Service Act [subsec. (c)(2)(B)(i), (ii) of this section] (as

amended by subsection (a) of this section) shall begin no earlier

than 181 days after the date of enactment of this Act."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 902(h) of Pub. L. 97-35 provided that: "The amendments

made by this section [amending this section and sections 201, 225a

[now 238d], 229b [now 238j], 243, 246, 289k-1, 300d-4, 300d-6,

300l-2, 300m, 300m-3, 9412, and 9511 of this title, repealing

sections 247b-1, 247b-2, 255, 300d to 300d-3, 300d-5, 300d-7 to

300d-9, 300d-21, 2689 to 2689l, 2689n to 2689p, 2689r to 2689aa,

9411, 9421 to 9423, 9431 to 9438, 9451, 9452, 9461 to 9465, 9471 to

9473, 9481, 9491 to 9493, 9502, 9512, 9521, and 9523 of this title,

repealing provisions set out as notes under sections 246 and 2689

of this title, and transferring section 2689m to section 229d [now

238l] of this title] shall take effect October 1, 1981."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 110(c) of Pub. L. 95-622 provided that the amendment made

by that section is effective July 29, 1975.

EFFECTIVE DATE

Section effective July 1, 1975, see section 608 of Pub. L. 94-63,

set out as an Effective Date of 1975 Amendment note under section

247b of this title.

OTHER LEGAL RIGHTS OF UNITED STATES NOT ADVERSELY AFFECTED BY 1985

AMENDMENT

Section 226(c) of Pub. L. 99-129 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall not adversely affect other legal rights of the United

States."

-End-

-CITE-

42 USC Sec. 238m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238m. Use of fiscal agents

-STATUTE-

(a) Contracting authority

The Secretary may enter into contracts with fiscal agents -

(1)(A) to determine the amounts payable to persons who, on

behalf of the Indian Health Service, furnish health services to

eligible Indians,

(B) to determine the amounts payable to persons who, on behalf

of the Public Health Service, furnish health services to

individuals pursuant to section 247d or 249 of this title,

(2) to receive, disburse, and account for funds in making

payments described in paragraph (1),

(3) to make such audits of records as may be necessary to

assure that these payments are proper, and

(4) to perform such additional functions as may be necessary to

carry out the functions described in paragraphs (1) through (3).

(b) Contracting prerequisites

(1) Contracts under subsection (a) of this section may be entered

into without regard to section 5 of title 41 or any other provision

of law requiring competition.

(2) No such contract shall be entered into with an entity unless

the Secretary finds that the entity will perform its obligations

under the contract efficiently and effectively and will meet such

requirements as to financial responsibility, legal authority, and

other matters as he finds pertinent.

(c) Advances under contracts

A contract under subsection (a) of this section may provide for

advances of funds to enable entities to make payments under the

contract.

(d) Applicable statutory provisions

Subsections (d) and (e) of section 1395u of this title shall

apply to contracts with entities under subsection (a) of this

section in the same manner as they apply to contracts with carriers

under that section.

(e) "Fiscal agent" defined

In this section, the term "fiscal agent" means a carrier

described in section 1395u(f)(1) of this title and includes, with

respect to contracts under subsection (a)(1)(A) of this section, an

Indian tribe or tribal organization acting under contract with the

Secretary under the Indian Self-Determination Act (Public Law

93-638) [25 U.S.C. 450f et seq.].

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI,

Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7,

1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L.

99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;

renumbered title XXV, Sec. 2514, Pub. L. 100-607, title II, Sec.

201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title

XXVI, Sec. 2614, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,

1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2714, Pub. L.

101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;

renumbered title II, Sec. 244, Pub. L. 103-43, title XX, Sec.

2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in subsec. (e), is

title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,

which is classified principally to part A (Sec. 450f et seq.) of

subchapter II of chapter 14 of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 450 of Title 25 and Tables.

-COD-

CODIFICATION

Section was classified to section 300aaa-13 of this title prior

to renumbering by Pub. L. 103-43, to section 300cc-15 of this title

prior to renumbering by Pub. L. 100-607, and to section 300aa-15 of

this title prior to renumbering by Pub. L. 99-660.

-End-

-CITE-

42 USC Sec. 238n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238n. Abortion-related discrimination in governmental

activities regarding training and licensing of physicians

-STATUTE-

(a) In general

The Federal Government, and any State or local government that

receives Federal financial assistance, may not subject any health

care entity to discrimination on the basis that -

(1) the entity refuses to undergo training in the performance

of induced abortions, to require or provide such training, to

perform such abortions, or to provide referrals for such training

or such abortions;

(2) the entity refuses to make arrangements for any of the

activities specified in paragraph (1); or

(3) the entity attends (or attended) a post-graduate physician

training program, or any other program of training in the health

professions, that does not (or did not) perform induced abortions

or require, provide or refer for training in the performance of

induced abortions, or make arrangements for the provision of such

training.

(b) Accreditation of postgraduate physician training programs

(1) In general

In determining whether to grant a legal status to a health care

entity (including a license or certificate), or to provide such

entity with financial assistance, services or other benefits, the

Federal Government, or any State or local government that

receives Federal financial assistance, shall deem accredited any

postgraduate physician training program that would be accredited

but for the accrediting agency's reliance upon an accreditation

standards (!1) that requires an entity to perform an induced

abortion or require, provide, or refer for training in the

performance of induced abortions, or make arrangements for such

training, regardless of whether such standard provides exceptions

or exemptions. The government involved shall formulate such

regulations or other mechanisms, or enter into such agreements

with accrediting agencies, as are necessary to comply with this

subsection.

(2) Rules of construction

(A) In general

With respect to subclauses (I) and (II) of section

292d(a)(2)(B)(i) of this title (relating to a program of

insured loans for training in the health professions), the

requirements in such subclauses regarding accredited internship

or residency programs are subject to paragraph (1) of this

subsection.

(B) Exceptions

This section shall not -

(i) prevent any health care entity from voluntarily

electing to be trained, to train, or to arrange for training

in the performance of, to perform, or to make referrals for

induced abortions; or

(ii) prevent an accrediting agency or a Federal, State or

local government from establishing standards of medical

competency applicable only to those individuals who have

voluntarily elected to perform abortions.

(c) Definitions

For purposes of this section:

(1) The term "financial assistance", with respect to a

government program, includes governmental payments provided as

reimbursement for carrying out health-related activities.

(2) The term "health care entity" includes an individual

physician, a postgraduate physician training program, and a

participant in a program of training in the health professions.

(3) The term "postgraduate physician training program" includes

a residency training program.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 245, as added Pub. L.

104-134, title I, Sec. 101(d) [title V, Sec. 515], Apr. 26, 1996,

110 Stat. 1321-211, 1321-245; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-FOOTNOTE-

(!1) So in original. Probably should be "standard".

-End-

-CITE-

42 USC Sec. 238o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238o. Restriction on use of funds for assisted suicide,

euthanasia, and mercy killing

-STATUTE-

Appropriations for carrying out the purposes of this chapter

shall not be used in a manner inconsistent with the Assisted

Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 246, as added Pub. L.

105-12, Sec. 9(e), Apr. 30, 1997, 111 Stat. 27.)

-REFTEXT-

REFERENCES IN TEXT

The Assisted Suicide Funding Restriction Act of 1997, referred to

in text, is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which is

classified principally to chapter 138 (Sec. 14401 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 14401 of this title and

Tables.

-MISC1-

EFFECTIVE DATE

Section effective Apr. 30, 1997, and applicable to Federal

payments made pursuant to obligations incurred after Apr. 30, 1997,

for items and services provided on or after such date, subject to

also being applicable with respect to contracts entered into,

renewed, or extended after Apr. 30, 1997, as well as contracts

entered into before Apr. 30, 1997, to the extent permitted under

such contracts, see section 11 of Pub. L. 105-12, set out as a note

under section 14401 of this title.

-End-

-CITE-

42 USC Sec. 238p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238p. Recommendations and guidelines regarding automated

external defibrillators for Federal buildings

-STATUTE-

(a) Guidelines on placement

The Secretary shall establish guidelines with respect to placing

automated external defibrillator devices in Federal buildings. Such

guidelines shall take into account the extent to which such devices

may be used by lay persons, the typical number of employees and

visitors in the buildings, the extent of the need for security

measures regarding the buildings, buildings or portions of

buildings in which there are special circumstances such as high

electrical voltage or extreme heat or cold, and such other factors

as the Secretary determines to be appropriate.

(b) Related recommendations

The Secretary shall publish in the Federal Register the

recommendations of the Secretary on the appropriate implementation

of the placement of automated external defibrillator devices under

subsection (a) of this section, including procedures for the

following:

(1) Implementing appropriate training courses in the use of

such devices, including the role of cardiopulmonary

resuscitation.

(2) Proper maintenance and testing of the devices.

(3) Ensuring coordination with appropriate licensed

professionals in the oversight of training of the devices.

(4) Ensuring coordination with local emergency medical systems

regarding the placement and incidents of use of the devices.

(c) Consultations; consideration of certain recommendations

In carrying out this section, the Secretary shall -

(1) consult with appropriate public and private entities;

(2) consider the recommendations of national and local

public-health organizations for improving the survival rates of

individuals who experience cardiac arrest in nonhospital settings

by minimizing the time elapsing between the onset of cardiac

arrest and the initial medical response, including defibrillation

as necessary; and

(3) consult with and counsel other Federal agencies where such

devices are to be used.

(d) Date certain for establishing guidelines and recommendations

The Secretary shall comply with this section not later than 180

days after November 13, 2000.

(e) Definitions

For purposes of this section:

(1) The term "automated external defibrillator device" has the

meaning given such term in section 238q of this title.

(2) The term "Federal building" includes a building or portion

of a building leased or rented by a Federal agency, and includes

buildings on military installations of the United States.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 247, as added Pub. L.

106-505, title IV, Sec. 403, Nov. 13, 2000, 114 Stat. 2337.)

-MISC1-

FINDINGS

Pub. L. 106-505, title IV, Sec. 402, Nov. 13, 2000, 114 Stat.

2336, provided that: "Congress makes the following findings:

"(1) Over 700 lives are lost every day to sudden cardiac arrest

in the United States alone.

"(2) Two out of every three sudden cardiac deaths occur before

a victim can reach a hospital.

"(3) More than 95 percent of these cardiac arrest victims will

die, many because of lack of readily available life saving

medical equipment.

"(4) With current medical technology, up to 30 percent of

cardiac arrest victims could be saved if victims had access to

immediate medical response, including defibrillation and

cardiopulmonary resuscitation.

"(5) Once a victim has suffered a cardiac arrest, every minute

that passes before returning the heart to a normal rhythm

decreases the chance of survival by 10 percent.

"(6) Most cardiac arrests are caused by abnormal heart rhythms

called ventricular fibrillation. Ventricular fibrillation occurs

when the heart's electrical system malfunctions, causing a

chaotic rhythm that prevents the heart from pumping oxygen to the

victim's brain and body.

"(7) Communities that have implemented programs ensuring

widespread public access to defibrillators, combined with

appropriate training, maintenance, and coordination with local

emergency medical systems, have dramatically improved the

survival rates from cardiac arrest.

"(8) Automated external defibrillator devices have been

demonstrated to be safe and effective, even when used by lay

people, since the devices are designed not to allow a user to

administer a shock until after the device has analyzed a victim's

heart rhythm and determined that an electric shock is required.

"(9) Increasing public awareness regarding automated external

defibrillator devices and encouraging their use in Federal

buildings will greatly facilitate their adoption.

"(10) Limiting the liability of Good Samaritans and acquirers

of automated external defibrillator devices in emergency

situations may encourage the use of automated external

defibrillator devices, and result in saved lives."

CERTAIN TECHNOLOGIES AND PRACTICES REGARDING SURVIVAL RATES FOR

CARDIAC ARREST

Pub. L. 106-129, Sec. 7, Dec. 6, 1999, 113 Stat. 1676, provided

that: "The Secretary of Health and Human Services shall, in

consultation with the Administrator of the General Services

Administration and other appropriate public and private entities,

develop recommendations regarding the placement of automatic

external defibrillators in Federal buildings as a means of

improving the survival rates of individuals who experience cardiac

arrest in such buildings, including recommendations on training,

maintenance, and medical oversight, and on coordinating with the

system for emergency medical services."

-End-

-CITE-

42 USC Sec. 238q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 238q. Liability regarding emergency use of automated external

defibrillators

-STATUTE-

(a) Good Samaritan protections regarding AEDs

Except as provided in subsection (b) of this section, any person

who uses or attempts to use an automated external defibrillator

device on a victim of a perceived medical emergency is immune from

civil liability for any harm resulting from the use or attempted

use of such device; and in addition, any person who acquired the

device is immune from such liability, if the harm was not due to

the failure of such acquirer of the device -

(1) to notify local emergency response personnel or other

appropriate entities of the most recent placement of the device

within a reasonable period of time after the device was placed;

(2) to properly maintain and test the device; or

(3) to provide appropriate training in the use of the device to

an employee or agent of the acquirer when the employee or agent

was the person who used the device on the victim, except that

such requirement of training does not apply if -

(A) the employee or agent was not an employee or agent who

would have been reasonably expected to use the device; or

(B) the period of time elapsing between the engagement of the

person as an employee or agent and the occurrence of the harm

(or between the acquisition of the device and the occurrence of

the harm, in any case in which the device was acquired after

such engagement of the person) was not a reasonably sufficient

period in which to provide the training.

(b) Inapplicability of immunity

Immunity under subsection (a) of this section does not apply to a

person if -

(1) the harm involved was caused by willful or criminal

misconduct, gross negligence, reckless misconduct, or a

conscious, flagrant indifference to the rights or safety of the

victim who was harmed;

(2) the person is a licensed or certified health professional

who used the automated external defibrillator device while acting

within the scope of the license or certification of the

professional and within the scope of the employment or agency of

the professional;

(3) the person is a hospital, clinic, or other entity whose

purpose is providing health care directly to patients, and the

harm was caused by an employee or agent of the entity who used

the device while acting within the scope of the employment or

agency of the employee or agent; or

(4) the person is an acquirer of the device who leased the

device to a health care entity (or who otherwise provided the

device to such entity for compensation without selling the device

to the entity), and the harm was caused by an employee or agent

of the entity who used the device while acting within the scope

of the employment or agency of the employee or agent.

(c) Rules of construction

(1) In general

The following applies with respect to this section:

(A) This section does not establish any cause of action, or

require that an automated external defibrillator device be

placed at any building or other location.

(B) With respect to a class of persons for which this section

provides immunity from civil liability, this section supersedes

the law of a State only to the extent that the State has no

statute or regulations that provide persons in such class with

immunity for civil liability arising from the use by such

persons of automated external defibrillator devices in

emergency situations (within the meaning of the State law or

regulation involved).

(C) This section does not waive any protection from liability

for Federal officers or employees under -

(i) section 233 of this title; or

(ii) sections 1346(b), 2672, and 2679 of title 28 or under

alternative benefits provided by the United States where the

availability of such benefits precludes a remedy under

section 1346(b) of title 28.

(2) Civil actions under Federal law

(A) In general

The applicability of subsections (a) and (b) of this section

includes applicability to any action for civil liability

described in subsection (a) of this section that arises under

Federal law.

(B) Federal areas adopting State law

If a geographic area is under Federal jurisdiction and is

located within a State but out of the jurisdiction of the

State, and if, pursuant to Federal law, the law of the State

applies in such area regarding matters for which there is no

applicable Federal law, then an action for civil liability

described in subsection (a) of this section that in such area

arises under the law of the State is subject to subsections (a)

through (c) of this section in lieu of any related State law

that would apply in such area in the absence of this

subparagraph.

(d) Federal jurisdiction

In any civil action arising under State law, the courts of the

State involved have jurisdiction to apply the provisions of this

section exclusive of the jurisdiction of the courts of the United

States.

(e) Definitions

(1) Perceived medical emergency

For purposes of this section, the term "perceived medical

emergency" means circumstances in which the behavior of an

individual leads a reasonable person to believe that the

individual is experiencing a life-threatening medical condition

that requires an immediate medical response regarding the heart

or other cardiopulmonary functioning of the individual.

(2) Other definitions

For purposes of this section:

(A) The term "automated external defibrillator device" means

a defibrillator device that -

(i) is commercially distributed in accordance with the

Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.];

(ii) is capable of recognizing the presence or absence of

ventricular fibrillation, and is capable of determining

without intervention by the user of the device whether

defibrillation should be performed;

(iii) upon determining that defibrillation should be

performed, is able to deliver an electrical shock to an

individual; and

(iv) in the case of a defibrillator device that may be

operated in either an automated or a manual mode, is set to

operate in the automated mode.

(B)(i) The term "harm" includes physical, nonphysical,

economic, and noneconomic losses.

(ii) The term "economic loss" means any pecuniary loss

resulting from harm (including the loss of earnings or other

benefits related to employment, medical expense loss,

replacement services loss, loss due to death, burial costs, and

loss of business or employment opportunities) to the extent

recovery for such loss is allowed under applicable State law.

(iii) The term "noneconomic losses" means losses for physical

and emotional pain, suffering, inconvenience, physical

impairment, mental anguish, disfigurement, loss of enjoyment of

life, loss of society and companionship, loss of consortium

(other than loss of domestic service), hedonic damages, injury

to reputation and all other nonpecuniary losses of any kind or

nature.

-SOURCE-

(July 1, 1944, ch. 373, title II, Sec. 248, as added Pub. L.

106-505, title IV, Sec. 404, Nov. 13, 2000, 114 Stat. 2338.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsec.

(e)(2)(A)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of Title 21, Food and Drugs. For complete classification of

this Act to the Code, see section 301 of Title 21 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 238p of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - GENERAL POWERS AND DUTIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER II - GENERAL POWERS AND DUTIES

-HEAD-

SUBCHAPTER II - GENERAL POWERS AND DUTIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 8 section 1613.

-End-

-CITE-

42 USC Part A - Research and Investigations 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER II - GENERAL POWERS AND DUTIES

Part A - Research and Investigations

-HEAD-

PART A - RESEARCH AND INVESTIGATIONS

-End-

-CITE-

42 USC Sec. 241 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER II - GENERAL POWERS AND DUTIES

Part A - Research and Investigations

-HEAD-

Sec. 241. Research and investigations generally

-STATUTE-

(a) Authority of Secretary

The Secretary shall conduct in the Service, and encourage,

cooperate with, and render assistance to other appropriate public

authorities, scientific institutions, and scientists in the conduct

of, and promote the coordination of, research, investigations,

experiments, demonstrations, and studies relating to the causes,

diagnosis, treatment, control, and prevention of physical and

mental diseases and impairments of man, including water

purification, sewage treatment, and pollution of lakes and streams.

In carrying out the foregoing the Secretary is authorized to -

(1) collect and make available through publications and other

appropriate means, information as to, and the practical

application of, such research and other activities;

(2) make available research facilities of the Service to

appropriate public authorities, and to health officials and

scientists engaged in special study;

(3) make grants-in-aid to universities, hospitals,

laboratories, and other public or private institutions, and to

individuals for such research projects as are recommended by the

advisory council to the entity of the Department supporting such

projects and make, upon recommendation of the advisory council to

the appropriate entity of the Department, grants-in-aid to public

or nonprofit universities, hospitals, laboratories, and other

institutions for the general support of their research;

(4) secure from time to time and for such periods as he deems

advisable, the assistance and advice of experts, scholars, and

consultants from the United States or abroad;

(5) for purposes of study, admit and treat at institutions,

hospitals, and stations of the Service, persons not otherwise

eligible for such treatment;

(6) make available, to health officials, scientists, and

appropriate public and other nonprofit institutions and

organizations, technical advice and assistance on the application

of statistical methods to experiments, studies, and surveys in

health and medical fields;

(7) enter into contracts, including contracts for research in

accordance with and subject to the provisions of law applicable

to contracts entered into by the military departments under

sections 2353 and 2354 of title 10, except that determination,

approval, and certification required thereby shall be by the

Secretary of Health and Human Services; and

(8) adopt, upon recommendations of the advisory councils to the

appropriate entities of the Department or, with respect to mental

health, the National Advisory Mental Health Council, such

additional means as the Secretary considers necessary or

appropriate to carry out the purposes of this section.

The Secretary may make available to individuals and entities, for

biomedical and behavioral research, substances and living

organisms. Such substances and organisms shall be made available

under such terms and conditions (including payment for them) as the

Secretary determines appropriate.

(b) Testing for carcinogenicity, teratogenicity, mutagenicity, and

other harmful biological effects; consultation

(1) The Secretary shall conduct and may support through grants

and contracts studies and testing of substances for

carcinogenicity, teratogenicity, mutagenicity, and other harmful

biological effects. In carrying out this paragraph, the Secretary

shall consult with entities of the Federal Government, outside of

the Department of Health and Human Services, engaged in comparable

activities. The Secretary, upon request of such an entity and under

appropriate arrangements for the payment of expenses, may conduct

for such entity studies and testing of substances for

carcinogenicity, teratogenicity, mutagenicity, and other harmful

biological effects.

(2)(A) The Secretary shall establish a comprehensive program of

research into the biological effects of low-level ionizing

radiation under which program the Secretary shall conduct such

research and may support such research by others through grants and

contracts.

(B) The Secretary shall conduct a comprehensive review of Federal

programs of research on the biological effects of ionizing

radiation.

(3) The Secretary shall conduct and may support through grants

and contracts research and studies on human nutrition, with

particular emphasis on the role of nutrition in the prevention and

treatment of disease and on the maintenance and promotion of

health, and programs for the dissemination of information

respecting human nutrition to health professionals and the public.

In carrying out activities under this paragraph, the Secretary

shall provide for the coordination of such of these activities as

are performed by the different divisions within the Department of

Health and Human Services and shall consult with entities of the

Federal Government, outside of the Department of Health and Human

Services, engaged in comparable activities. The Secretary, upon

request of such an entity and under appropriate arrangements for

the payment of expenses, may conduct and support such activities

for such entity.

(4) The Secretary shall publish a biennial report which contains

-

(A) a list of all substances (i) which either are known to be

carcinogens or may reasonably be anticipated to be carcinogens

and (ii) to which a significant number of persons residing in the

United States are exposed;

(B) information concerning the nature of such exposure and the

estimated number of persons exposed to such substances;

(C) a statement identifying (i) each substance contained in the

list under subparagraph (A) for which no effluent, ambient, or

exposure standard has been established by a Federal agency, and

(ii) for each effluent, ambient, or exposure standard established

by a Federal agency with respect to a substance contained in the

list under subparagraph (A), the extent to which, on the basis of

available medical, scientific, or other data, such standard, and

the implementation of such standard by the agency, decreases the

risk to public health from exposure to the substance; and

(D) a description of (i) each request received during the year

involved -

(I) from a Federal agency outside the Department of Health

and Human Services for the Secretary, or

(II) from an entity within the Department of Health and Human

Services to any other entity within the Department,

to conduct research into, or testing for, the carcinogenicity of

substances or to provide information described in clause (ii) of

subparagraph (C), and (ii) how the Secretary and each such other

entity, respectively, have responded to each such request.

(5) The authority of the Secretary to enter into any contract for

the conduct of any study, testing, program, research, or review, or

assessment under this subsection shall be effective for any fiscal

year only to such extent or in such amounts as are provided in

advance in appropriation Acts.

(c) Diseases not significantly occurring in United States

The Secretary may conduct biomedical research, directly or

through grants or contracts, for the identification, control,

treatment, and prevention of diseases (including tropical diseases)

which do not occur to a significant extent in the United States.

(d) Protection of privacy of individuals who are research subjects

The Secretary may authorize persons engaged in biomedical,

behavioral, clinical, or other research (including research on

mental health, including research on the use and effect of alcohol

and other psychoactive drugs) to protect the privacy of individuals

who are the subject of such research by withholding from all

persons not connected with the conduct of such research the names

or other identifying characteristics of such individuals. Persons

so authorized to protect the privacy of such individuals may not be

compelled in any Federal, State, or local civil, criminal,

administrative, legislative, or other proceedings to identify such

individuals.

-SOURCE-

(July 1, 1944, ch. 373, title III, Sec. 301, 58 Stat. 691; July 3,

1946, ch. 538, Sec. 7(a), (b), 60 Stat. 423; June 16, 1948, ch.

481, Sec. 4(e), (f), 62 Stat. 467; June 24, 1948, ch. 621, Sec.

4(e), (f), 62 Stat. 601; June 25, 1948, ch. 654, Sec. 1, 62 Stat.

1017; July 3, 1956, ch. 510, Sec. 4, 70 Stat. 490; Pub. L. 86-798,

Sept. 15, 1960, 74 Stat. 1053; Pub. L. 87-838, Sec. 2, Oct. 17,

1962, 76 Stat. 1073; Pub. L. 89-115, Sec. 3, Aug. 9, 1965, 79 Stat.

448; Pub. L. 90-174, Sec. 9, Dec. 5, 1967, 81 Stat. 540; Pub. L.

91-513, title I, Sec. 3(a), Oct. 27, 1970, 84 Stat. 1241; Pub. L.

91-515, title II, Sec. 292, Oct. 30, 1970, 84 Stat. 1308; Pub. L.

92-218, Sec. 6(a)(2), Dec. 23, 1971, 85 Stat. 785; Pub. L. 92-423,

Sec. 7(b), Sept. 19, 1972, 86 Stat. 687; Pub. L. 93-282, title I,

Sec. 122(b), May 14, 1974, 88 Stat. 132; Pub. L. 93-348, title I,

Sec. 104(a)(1), July 12, 1974, 88 Stat. 346; Pub. L. 93-352, title

I, Sec. 111, July 23, 1974, 88 Stat. 360; Pub. L. 94-278, title I,

Sec. 111, Apr. 22, 1976, 90 Stat. 405; Pub. L. 95-622, title II,

Secs. 261, 262, Nov. 9, 1978, 92 Stat. 3434; Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 99-158, Sec.

3(a)(5), Nov. 20, 1985, 99 Stat. 879; Pub. L. 99-570, title IV,

Sec. 4021(b)(2), Oct. 27, 1986, 100 Stat. 3207-124; Pub. L. 99-660,

title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3751; Pub. L. 100-607,

title I, Sec. 163(1), (2), Nov. 4, 1988, 102 Stat. 3062; Pub. L.

103-43, title XX, Sec. 2009, June 10, 1993, 107 Stat. 213.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(4). Pub. L. 103-43 substituted "a biennial

report" for "an annual report" in introductory provisions.

1988 - Subsec. (d). Pub. L. 100-607 redesignated concluding

provisions of subsec. (a) of section 242a of this title as subsec.

(d) of this section, substituted "biomedical, behavioral, clinical,

or other research (including research on mental health, including"

for "research on mental health, including", and substituted

"drugs)" for "drugs,".

1986 - Subsec. (a)(3). Pub. L. 99-570 struck out "or, in the case

of mental health projects, by the National Advisory Mental Health

Council;" after "Department supporting such projects" and struck

out "or the National Advisory Mental Health Council" after

"appropriate entity of the Department".

Subsec. (c). Pub. L. 99-660 added subsec. (c).

1985 - Subsec. (a)(3). Pub. L. 99-158, Sec. 3(a)(5)(A),

substituted "as are recommended by the advisory council to the

entity of the Department supporting such projects or, in the case

of mental health projects, by the National Advisory Mental Health

Council; and make, upon recommendation of the advisory council to

the appropriate entity of the Department or the National Advisory

Mental Health Council, grants-in-aid to public or nonprofit

universities, hospitals, laboratories, and other institutions for

the general support of their research" for "as are recommended by

the National Advisory Health Council, or, with respect to cancer,

recommended by the National Cancer Advisory Board, or, with respect

to mental health, recommended by the National Advisory Mental

Health Council, or with respect to heart, blood vessel, lung, and

blood diseases and blood resources, recommended by the National

Heart, Lung, and Blood Advisory Council, or, with respect to dental

diseases and conditions, recommended by the National Advisory

Dental Research Council; and include in the grants for any such

project grants of penicillin and other antibiotic compounds for use

in such project; and make, upon recommendation of the National

Advisory Health Council, grants-in-aid to public or nonprofit

universities, hospitals, laboratories, and other institutions for

the general support of their research: Provided, That such uniform

percentage, not to exceed 15 per centum, as the Secretary may

determine, of the amounts provided for grants for research projects

for any fiscal year through the appropriations for the National

Institutes of Health may be transferred from such appropriations to

a separate account to be available for such research grants-in-aid

for such fiscal year".

Subsec. (a)(8). Pub. L. 99-158, Sec. 3(a)(5)(B), substituted

"recommendations of the advisory councils to the appropriate

entities of the Department or, with respect to mental health, the

National Advisory Mental Health Council, such additional means as

the Secretary considers" for "recommendation of the National

Advisory Health Council, or, with respect to cancer, upon

recommendation of the National Cancer Advisory Board, or, with

respect to mental health, upon recommendation of the National

Advisory Mental Health Council, or, with respect to heart, blood

vessel, lung, and blood diseases and blood resources, upon

recommendation of the National Heart, Lung and Blood Advisory

Council, or, with respect to dental diseases and conditions, upon

recommendations of the National Advisory Dental Research Council,

such additional means as he deems".

1978 - Pub. L. 95-622 designated existing provisions as subsec.

(a), redesignated former pars. (a) to (h) as (1) to (8),

respectively, substituted "Secretary" for "Surgeon General"

wherever appearing, and inserted following par. (8) provisions

relating to authority of Secretary to make available to individuals

and entities substances and living organisms, and added subsec.

(b).

1976 - Subsecs. (c), (h). Pub. L. 94-278 substituted "heart,

blood vessel, lung, and blood diseases and blood resources" for

"heart diseases" and "National Heart, Lung and Blood Advisory

Council" for "National Heart and Lung Advisory Council".

1974 - Subsec. (c). Pub. L. 93-348, Sec. 104(a)(1), redesignated

subsec. (d) as (c) and substituted "research projects" for

"research or research training projects" in two places, "general

support of their research" for "general support of their research

and research training programs" and "research grants-in-aid" for

"research and research training program grants-in-aid". Former

subsec. (c), authorizing Surgeon General to establish and maintain

research fellowships in the Public Health Service with such

stipends and allowances, including traveling and subsistence

expenses, as he may deem necessary to procure the assistance of the

most brilliant and promising research fellows from the United

States and abroad, was struck out.

Subsec. (d). Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated

subsec. (e) as (d).

Pub. L. 93-282 substituted "mental health, including research on

the use and effect of alcohol and other psychoactive drugs" for

"the use and effect of drugs" in former concluding provisions of

section 242a(a) of this title. See 1988 Amendment note above.

Subsecs. (e), (f). Pub. L. 93-348, Sec. 104(a)(1)(C),

redesignated subsecs. (f) and (g) as (e) and (f), respectively.

Former subsec. (e) redesignated (d).

Subsec. (g). Pub. L. 93-352 struck out "during the fiscal year

ending June 30, 1966, and each of the eight succeeding fiscal

years" after "Enter into contracts". Notwithstanding directory

language that amendment be made to subsec. (h), the amendment was

executed to subsec. (g) to reflect the probable intent of Congress

and the intervening redesignation of subsec. (h) as (g) by Pub. L.

93-348.

Pub. L. 93-348, Sec. 104(a)(1)(C), redesignated subsec. (h) as

(g). Former subsec. (g) redesignated (f).

Subsecs. (h), (i). Pub. L. 93-348, Sec. 104(a)(1)(C),

redesignated subsecs. (h) and (i) as (g) and (h), respectively.

1972 - Subsecs. (d), (i). Pub. L. 92-423 substituted "National

Heart and Lung Advisory Council" for "National Advisory Heart

Council".

1971 - Subsecs. (d), (i). Pub. L. 92-218 substituted "National

Cancer Advisory Board" for "National Advisory Cancer Council".

1970 - Subsec. (d). Pub. L. 91-513 added subsec. (d). See 1988

Amendment note above.

Subsec. (h). Pub. L. 91-515 substituted "eight" for "five"

succeeding fiscal years.

1967 - Subsec. (h). Pub. L. 90-174 substituted "five" for "two"

succeeding fiscal years.

1965 - Subsecs. (h), (i). Pub. L. 89-115 added subsec. (h) and

redesignated former subsec. (h) as (i).

1962 - Subsec. (d). Pub. L. 87-838 inserted "or research

training" in two places.

1960 - Subsec. (d). Pub. L. 86-798 authorized the Surgeon

General, upon recommendation of the National Advisory Health

Council, to make grants to public or non-profit universities,

hospitals, laboratories, and other institutions to support research

and research training programs, and to make available for such

research and research training programs, up to 15 per centum of

amounts provided for research grants through the appropriations for

the National Institutes of Health.

1956 - Subsecs. (g), (h). Act July 3, 1956, added subsec. (g) and

redesignated former subsec. (g) as (h).

1948 - Subsec. (d). Acts June 16, 1948, Sec. 4(e), and June 24,

1948, Sec. 4(e), made provisions applicable to the National

Advisory Heart Council and the National Advisory Dental Research

Council, respectively.

Subsec. (d). Act June 25, 1948, continued in basic legislation

the authority to purchase penicillin and other antibiotic compounds

for use in research projects.

Subsec. (g). Acts June 16, 1948, Sec. 4(f), and June 24, 1948,

Sec. 4(f), made provisions applicable to the National Advisory

Heart Council and the National Advisory Dental Research Council,

respectively.

1946 - Subsec. (d). Act July 3, 1946, made the National Advisory

Mental Health Council the body to make recommendations to the

Surgeon General on awarding of grants-in-aid for research projects

with respect to mental health.

Subsec. (g). Act July 3, 1946, gave National Advisory Health

Council the right to make recommendations to carry out purposes of

this section.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)(7),

and "Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (b)(1),

(3), and (4)(D)(I), (II), pursuant to section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-MISC2-

EFFECTIVE DATE OF 1978 AMENDMENT

Sections 261 and 262 of Pub. L. 95-622 provided that the

amendments made by those sections are effective Oct. 1, 1978.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 104(b) of Pub. L. 93-348 provided that: "The amendments

made by subsection (a) [amending this section and sections 242a,

282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c-1, 289g, 289k,

and heading preceding section 289l of this title] shall not apply

with respect to commitments made before the date of the enactment

of this Act [July 12, 1974] by the Secretary of Health, Education,

and Welfare for research training under the provisions of the

Public Health Service Act amended or repealed by subsection (a)."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-423 effective 60 days after Sept. 19,

1972, or on such prior date after Sept. 19, 1972, as the President

shall prescribe and publish in the Federal Register, see section 9

of Pub. L. 92-423, set out as a note under section 218 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-218 effective 60 days after Dec. 23,

1971, or on such prior date after Dec. 23, 1971, as the President

shall prescribe and publish in the Federal Register, see section 7

of Pub. L. 92-218, set out as a note under section 218 of this

title.

COORDINATION OF DATA SURVEYS AND REPORTS

Pub. L. 106-113, div. B, Sec. 1000(a)(6) [title VII, Sec.

703(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-402, provided that:

"The Secretary of Health and Human Services, through the Assistant

Secretary for Planning and Evaluation, shall establish a

clearinghouse for the consolidation and coordination of all Federal

databases and reports regarding children's health."

FEMALE GENITAL MUTILATION

Pub. L. 104-134, title I, Sec. 101(d) [title V, Sec. 520], Apr.

26, 1996, 110 Stat. 1321-211, 1321-250; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided that:

"(a) Congress finds that -

"(1) the practice of female genital mutilation is carried out

by members of certain cultural and religious groups within the

United States; and

"(2) the practice of female genital mutilation often results in

the occurrence of physical and psychological health effects that

harm the women involved.

"(b) The Secretary of Health and Human Services shall do the

following:

"(1) Compile data on the number of females living in the United

States who have been subjected to female genital mutilation

(whether in the United States or in their countries of origin),

including a specification of the number of girls under the age of

18 who have been subjected to such mutilation.

"(2) Identify communities in the United States that practice

female genital mutilation, and design and carry out outreach

activities to educate individuals in the communities on the

physical and psychological health effects of such practice. Such

outreach activities shall be designed and implemented in

collaboration with representatives of the ethnic groups

practicing such mutilation and with representatives of

organizations with expertise in preventing such practice.

"(3) Develop recommendations for the education of students of

schools of medicine and osteopathic medicine regarding female

genital mutilation and complications arising from such

mutilation. Such recommendations shall be disseminated to such

schools.

"(c) For purposes of this section the term 'female genital

mutilation' means the removal or infibulation (or both) of the

whole or part of the clitoris, the labia minor, or the labia major.

"(d) The Secretary of Health and Human Services shall commence

carrying out this section not later than 90 days after the date of

enactment of this Act [Apr. 26, 1996]."

SENTINEL DISEASE CONCEPT STUDY

Section 1910 of Pub. L. 103-43 directed Secretary of Health and

Human Services, in cooperation with Agency for Toxic Substances and

Disease Registry and Centers for Disease Control and Prevention, to

design and implement a pilot sentinel disease surveillance system

for identifying relationship between occupation of household

members and incidence of subsequent conditions or diseases in other

members of household, and required Director of the National

Institutes of Health to prepare and submit to Congress, not later

than 4 years after June 10, 1993, a report concerning this project.

STUDY OF THYROID MORBIDITY FOR HANFORD, WASHINGTON

Section 161 of Pub. L. 100-607, as amended by Pub. L. 102-531,

title III, Sec. 312(e)(1), Oct. 27, 1992, 106 Stat. 3506, directed

Secretary of Health and Human Services, acting through Director of

Centers for Disease Control and Prevention, to conduct a study of

thyroid morbidity of the population, including Indian tribes and

tribal organizations, in vicinity of Hanford, in State of

Washington, authorized Director to contract out portions of study,

and required Director, not later than 42 months after Nov. 4, 1988,

to transmit a report, including such study, to Congress, chief

executive officers of States of Oregon and Washington, and

governing officials of Indian tribes in vicinity of Hanford,

Washington.

NATIONAL COMMISSION ON SLEEP DISORDERS RESEARCH

Section 162 of Pub. L. 100-607 directed Secretary of Health and

Human Services, after consultation with Director of National

Institutes of Health, to establish a National Commission on Sleep

Disorders Research to conduct a comprehensive study of present

state of knowledge of incidence, prevalence, morbidity, and

mortality resulting from sleep disorders, and of social and

economic impact of such disorders, evaluate public and private

facilities and resources (including trained personnel and research

activities) available for diagnosis, prevention, and treatment of,

and research into, such disorders, and identify programs (including

biological, physiological, behavioral, environmental, and social

programs) by which improvement in management and research into

sleep disorders could be accomplished and, not later than 18 months

after initial meeting of Commission, to submit to appropriate

Committees of Congress a final report, and provided for termination

of the Commission 30 days after submission of final report.

RESEARCH WITH RESPECT TO HEALTH RESOURCES AND SERVICES

ADMINISTRATION

Section 632 of Pub. L. 100-607 provided that with respect to any

program of research pursuant to this chapter, any such program

carried out in fiscal year 1987 by an agency other than Health

Resources and Services Administration (or appropriate to be carried

out by such an agency) could not, for each of fiscal years 1989

through 1991, be carried out by such Administration.

CONTINUING CARE FOR PSYCHIATRIC PATIENTS IN FORMER CLINICAL

RESEARCH CENTER AT NATIONAL INSTITUTE ON DRUG ABUSE

Pub. L. 99-117, Sec. 10, Oct. 7, 1985, 99 Stat. 494, provided

that: "In any fiscal year beginning after September 30, 1981, from

funds appropriated for carrying out section 301 of the Public

Health Service Act [this section] with respect to mental health,

the Secretary of Health and Human Services may provide, by contract

or otherwise, for the continuing care of psychiatric patients who

were under active and continuous treatment at the National

Institute on Drug Abuse Clinical Research Center on the date such

Clinical Research Center ceased operations."