Legislación
US (United States) Code. Title 42. Chapter 6A: Public Health Service
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42 USC CHAPTER 6A - PUBLIC HEALTH SERVICE 01/06/03
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
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CHAPTER 6A - PUBLIC HEALTH SERVICE
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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(c) Repealed.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 Repealed.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 Omitted or Repealed.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."
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |