42 USC 207. Grades, ranks, and titles of commissioned corps
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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, 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.
(July 1, 1944, ch. 373, title II, 206, 58 Stat. 684; Feb. 28, 1948,
ch. 83, 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, 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Sept. 7, 1962, Pub. L.
87-649, 11(1), 76 Stat. 497; Dec. 19, 1977, Pub. L. 95-215, 8(b), 91
Stat. 1507; Sept. 29, 1979, Pub. L. 96-76, title III, 304, 93 Stat.
584; Oct. 7, 1985, Pub. L. 99-117, 9, 99 Stat. 494; Aug. 16, 1989,
Pub. L. 101-93, 5(p), 103 Stat. 614; Nov. 3, 1990, Pub. L. 101-502,
5(k)(1), 104 Stat. 1289.)
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, 304(a), added pars. (7) to
(10).
Subsec. (c). Pub. L. 96-76, 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, 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).
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.
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.
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.
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.
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.
42 USC 208. Repealed. Feb. 28, 1948, ch. 83, 5(a), 62 Stat. 40
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title II, 207, 58 Stat. 685,
related to establishment of special temporary provisions. See sections
206(c) and 207(c) of this title.
42 USC 209. Appointment of personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 207, formerly 208, 58 Stat. 685;
July 3, 1946, ch. 538, 4, 60 Stat. 421; Aug. 13, 1946, ch. 958, 3,
60 Stat. 1049; renumbered 207, and amended Feb. 28, 1948, ch. 83,
5(a)-(d), 62 Stat. 40; Oct. 12, 1949, ch. 681, title V, 521(a), 63
Stat. 834; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, 3(a)-(c)(1), 70 Stat. 116;
Apr. 8, 1960, Pub. L. 86-415, 2, 3, 74 Stat. 32; Sept. 29, 1979,
Pub. L. 96-76, title III, 305, 93 Stat. 585; Pub. L. 96-88, title V,
509(b), Oct. 17, 1979, 93 Stat. 695; Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2765(c), 95 Stat. 933; Jan. 4, 1983, Pub. L. 97-414,
8(a), 96 Stat. 2060.)
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.
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, 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.
A prior section 207 of act July 1, 1944, which was classified to
section 208 of this title, was repealed by act Feb. 28, 1948, ch. 83,
5(a), 62 Stat. 40.
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, 2, added par. (3).
Subsec. (b). Pub. L. 86-415, 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, 3(a), inserted
reference to subsection (e) of this section.
Subsec. (a)(2). Act Apr. 27, 1956, 3(c)(1), substituted ''an
indefinite period'' for ''a period of not more than five years''.
Subsecs. (e) to (i). Act Apr. 27, 1956, 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).
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.
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.''
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
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.
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.
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.''
42 USC 209a, 209b. Omitted
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
42 USC 209c. Repealed. Pub. L. 87-649, 14b, Sept. 7, 1962, 76 Stat.
499
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
42 USC 209d. Appointment of osteopaths as commissioned officers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(Feb. 28, 1948, ch. 83, 5(b), 62 Stat. 40; 1953 Reorg. Plan No. 1,
5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
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.
Section was not enacted as a part of the Public Health Service Act
which comprises this chapter.
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.
42 USC 210. Pay and allowances
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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)(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) /1/ of this title
(as such section was in effect prior to October 1, 1977), or (iii)
section 294u /1/ of this title (as such section was in effect between
October 1, 1977, and August 13, 1981).
(3) 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.
(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.
(July 1, 1944, ch. 373, title II, 208, formerly 209, 58 Stat. 686;
July 3, 1946, ch. 538, 5(a), 60 Stat. 422; renumbered 208, and
amended Feb. 28, 1948, ch. 83, 5(a), (g), (h), 62 Stat. 40; June 16,
1948, ch. 481, 4(d), 62 Stat. 467; June 24, 1948, ch. 621, 4(d), 62
Stat. 601; Oct. 12, 1949, ch. 681, title V, 521(b), 63 Stat. 834;
Aug. 9, 1950, ch. 654, 1, 64 Stat. 426; Aug. 15, 1950, ch. 714,
3(e), 4(b), 64 Stat. 447; 1953 Reorg. Plan No. 1, 5, 8 eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1955, ch. 437, title II,
201, 69 Stat. 407; June 29, 1956, ch. 477, title II, 201, 70 Stat.
430; July 31, 1956, ch. 804, title I, 117(b), 70 Stat. 741; June 20,
1958, Pub. L. 85-462, 12(e), 72 Stat. 214; Sept. 6, 1958, Pub. L.
85-929, 9, 72 Stat. 1789; Apr. 8, 1960, Pub. L. 86-415, 5(b), 74
Stat. 34; Sept. 2, 1960, Pub. L. 86-703, title II, 201, 74 Stat. 764;
Sept. 7, 1962, Pub. L. 87-649, 11(3), 14b, 76 Stat. 497, 499; Oct.
11, 1962, Pub. L. 87-793, 1001(d), 76 Stat. 864; Aug. 14, 1964, Pub.
L. 88-426, title III, 305(1), 78 Stat. 422; Oct. 15, 1968, Pub. L.
90-574, title V, 501, 82 Stat. 1012; Oct. 30, 1970, Pub. L. 91-515,
title VI, 601(b)(1), 84 Stat. 1310; Nov. 18, 1971, Pub. L. 92-157,
title III, 301(a), 85 Stat. 463; Aug. 1, 1977, Pub. L. 95-83, title
III, 312, 91 Stat. 398; Nov. 9, 1978, Pub. L. 95-623, 11(a), 92 Stat.
3455; 1978 Reorg. Plan No. 2, 102, eff. Jan. 1, 1979, 43 F.R. 36037,
92 Stat. 3783; July 10, 1979, Pub. L. 96-32, 7(g), 93 Stat. 84; Oct.
7, 1980, Pub. L. 96-398, title VIII, 805, 94 Stat. 1608; Oct. 7, 1985,
Pub. L. 99-117, 3(a), 99 Stat. 491; Apr. 7, 1986, Pub. L. 99-272,
title XVII, 17002(a)(1), (b), 100 Stat. 359; Nov. 4, 1988, Pub. L.
100-607, title VII, 706, 102 Stat. 3159.)
Section 234 of this title, referred to in subsec. (a)(2)(B), was
repealed by Pub. L. 94-484, title IV, 408(b)(1), Oct. 12, 1976, 90
Stat. 2281, effective Oct. 1, 1977.
Section 294u of this title, referred to in subsec. (a)(2)(B), was in
the original a reference to section 752 of act July 1, 1944, which was
renumbered section 338B by Pub. L. 97-35, title XXVII, 2709(a), Aug.
13, 1981, 95 Stat. 908, and transferred to section 254m of this title.
Section 338B of act July 1, 1944, was renumbered section 338C by Pub.
L. 100-177, title II, 201(2), Dec. 1, 1987, 101 Stat. 992.
Classified civil service, referred to in subsec. (g), as meaning
''competitive service'', see section 2102(c) of Title 5, Government
Organization and Employees.
A prior section 208 of act July 1, 1944, was renumbered section 207
by act Feb. 28, 1948, ch. 83, 5(a), 62 Stat. 40, and is classified
to section 209 of this title.
1988 -- Subsec. (a)(3). Pub. L. 100-607 added par. (3).
1986 -- Subsec. (a)(2)(B). Pub. L. 99-272, 17002(a)(1), inserted
''(other than an officer serving in the Indian Health Service)''.
Subsec. (e). Pub. L. 99-272, 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, 3(e), made provisions applicable to
members of all national advisory councils.
Subsec. (g). Act Aug. 15, 1950, 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, 4(d), and June 24, 1948, 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''.
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.''
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.''
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.
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.
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.
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.
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.''
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
Act July 31, 1956, ch. 804, title I, 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, 305(1), Aug. 14, 1964, 78 Stat. 422.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (g) pursuant to Reorg. Plan
No. 2 of 1978, 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.
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.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Pub. L. 100-436, title II, 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, 101(h) (title II, 208), Dec. 22, 1987, 101 Stat.
1329-256, 1329-274.
Pub. L. 99-500, 101(i) (H.R. 5233, title II, 208), Oct. 18, 1986,
100 Stat. 1783-287, and Pub. L. 99-591, 101(i) (H.R. 5233, title II,
208), Oct. 30, 1986, 100 Stat. 3341-287.
Pub. L. 99-178, title II, 208, Dec. 12, 1985, 99 Stat. 1119.
Pub. L. 98-619, title II, 208, Nov. 8, 1984, 98 Stat. 3321.
Pub. L. 98-139, title II, 208, Oct. 31, 1983, 97 Stat. 888.
Pub. L. 100-436, title II, 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.''
Allotments by commissioned officers of the Public Health Service, see
section 704 of Title 37, Pay and Allowances of the Uniformed Services.
National advisory councils, see section 218 of this title.
Pay and allowances of officers of Public Health Service, see Title
37, Pay and Allowances of the Uniformed Services.
/1/ See References in Text note below.
42 USC 210-1. Annual and sick leave
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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, 14b, Sept. 7, 1962, 76 Stat. 499
(c) Repealed. Pub. L. 96-76, title III, 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.
(July 1, 1944, ch. 373, title II, 219, as added Aug. 9, 1950, ch.
654, 2, 64 Stat. 426, and amended Sept. 7, 1962, Pub. L. 87-649, 14b,
76 Stat. 499; Sept. 29, 1979, Pub. L. 96-76, title III, 311, 93 Stat.
586.)
Subsection (d) of this section was repealed by Pub. L. 87-649, 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.
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.
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.
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.
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.
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.
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.
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.
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.''
42 USC 210a. Repealed. Pub. L. 87-649, 14b, Sept. 7, 1962, 76 Stat.
499
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act Feb. 28, 1948, ch. 83, 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.
42 USC 210b. Professional categories
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 209, as added Feb. 28, 1948, ch.
83, 5(i), 62 Stat. 41, and amended 1953 Reorg. Plan No. 1, 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Sept. 29, 1979, Pub. L.
96-76, title III, 306, 93 Stat. 585.)
A prior section 209 of act July 1, 1944, was renumbered section 208
by act Feb. 28, 1948, ch. 83, 5(a), 62 Stat. 40, and is classified
to section 210 of this title.
1979 -- Subsec. (c). Pub. L. 96-76 substituted ''warrant officer
(W-1)'' for ''assistant''.
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.
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.
42 USC 211. Promotion of commissioned officers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 210, 58 Stat. 687; Feb. 28, 1948,
ch. 83, 6(a), 62 Stat. 42; Oct. 12, 1949, ch. 681, title V, 521(c),
63 Stat. 835; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18
F.R. 2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, 4(a), 70 Stat. 117;
Apr. 8, 1960, Pub. L. 86-415, 5(c), 74 Stat. 34; Sept. 7, 1962, Pub.
L. 87-649, 11(2), 76 Stat. 497; Sept. 29, 1979, Pub. L. 96-76, title
III, 307, 93 Stat. 585; Sept. 8, 1980, Pub. L. 96-342, title VIII,
813(h)(1), 94 Stat. 1110; July 1, 1986, Pub. L. 99-348, title II,
207(a), 100 Stat. 701.)
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, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and Employees.
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, 307(a), inserted
applicability to warrant officers and chief warrant officers.
Subsec. (g). Pub. L. 96-76, 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).
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.
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.
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
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.
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.
42 USC 211a. Repealed. Pub. L. 93-222, 7(b), Dec. 29, 1973, 87 Stat.
936
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title XIII, 1311, formerly
title VII, 711, as added Feb. 28, 1948, ch. 83, 9(b), 62 Stat. 47,
and renumbered title VIII, 811, July 30, 1956, ch. 779, 3(b), 70
Stat. 721, renumbered title IX, 911, Sept. 4, 1964, Pub. L. 88-581,
4(b), 78 Stat. 919, renumbered title X, 1011, Oct. 6, 1965, Pub. L.
89-239, 3(b), 79 Stat. 931, renumbered title XI, 1111, Dec. 24,
1970, Pub. L. 91-572, 6(b), 84 Stat. 1506, renumbered title XII,
1211, May 16, 1972, Pub. L. 92-294, 3(b), 86 Stat. 137, renumbered
title XIII, 1311, Nov. 16, 1973, Pub. L. 93-154, 2(b)(2), 87 Stat.
604, provided for appointment to higher grades of Public Health Service
officers for mental health and hospital construction activities.
42 USC 211b. Repealed. Pub. L. 94-412, title V, 501(f), Sept. 14,
1976, 90 Stat. 1258
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act Feb. 28, 1948, ch. 83, 6(b)-(f), 62 Stat. 45, dealt
with promotion of Public Health Service officers.
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.
42 USC 211c. Promotion credit for medical officers in assistant grade
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 1, 1944, ch. 373, title II, 220, as added Apr. 30, 1956, ch.
223, 3, 70 Stat. 121.)
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.
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.
42 USC 212. Retirement of commissioned officers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 211, 58 Stat. 688; Feb. 28, 1948,
ch. 83, 7, 62 Stat. 46; Oct. 12, 1949, ch. 681, title V, 521(d), 63
Stat. 835; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Apr. 27, 1956, ch. 211, 5(a)-(c), 70 Stat. 117;
Aug. 10, 1956, ch. 1041, 5, 70A Stat. 620; Apr. 8, 1960, Pub. L.
86-415, 4, 74 Stat. 33; May 14, 1970, Pub. L. 91-253, 1, 84 Stat.
216; Sept. 29, 1979, Pub. L. 96-76, title III, 308, 93 Stat. 585;
Sept. 8, 1980, Pub. L. 96-342, title VIII, 813(h)(2), 94 Stat. 1110;
July 27, 1981, Pub. L. 97-25, title III, 303(b), 95 Stat. 145; Aug.
13, 1981, Pub. L. 97-35, title XXVII, 2765(a), 95 Stat. 932; Sept. 24,
1983, Pub. L. 98-94, title IX, 922(d), 923(f), 97 Stat. 642, 643;
July 1, 1986, Pub. L. 99-348, title II, 207(b), 100 Stat. 702; Nov. 5,
1990, Pub. L. 101-509, title V, 529 (title III, 304(b)), 104 Stat.
1427, 1464.)
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, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and Employees.
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, 922(d), added par. (7).
Subsec. (e). Pub. L. 98-94, 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, 813(h)(2)(A), substituted
''Except as provided in paragraph (6), a'' for ''A''.
Subsec. (a)(5). Pub. L. 96-342, 813(h)(2)(B), substituted ''except
as provided in paragraph (6), his'' for ''his''.
Subsec. (a)(6). Pub. L. 96-342, 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, 5(a), authorized crediting
of noncommissioned service for purposes of retirement.
Subsec. (b)(1). Act Apr. 27, 1956, 5(b), authorized crediting of
noncommissioned service in the Service for purposes of retirement.
Subsec. (c). Act Apr. 27, 1956, 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).
Section 529 (title III, 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).''
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.
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).''
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.''
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
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.''
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.
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.
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.
Restriction on retirement payment to officers selling to Government
agencies, see section 801 of Title 37, Pay and Allowances of the
Uniformed Services.
42 USC 212a. Repealed. Pub. L. 93-222, 7(b), Dec. 29, 1973, 87 Stat.
936
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title XIII, 1312, formerly
title VII, 712, as added Feb. 28, 1948, ch. 83, 9(b), 62 Stat. 47,
and renumbered title VIII, 812, July 30, 1956, ch. 779, 3(b), 70
Stat. 721, renumbered title IX, 912, Sept. 4, 1964, Pub. L. 88-581,
4(b), 78 Stat. 919, renumbered title X, 1012, Oct. 6, 1965, Pub. L.
89-239, 3(b), 79 Stat. 931, renumbered title XI, 1112, Dec. 24,
1970, Pub. L. 91-572, 6(b), 84 Stat. 1506, renumbered title XII,
1212, May 16, 1972, Pub. L. 92-294, 3(b), 86 Stat. 137, renumbered
title XIII, 1312, Nov. 16, 1973, Pub. L. 93-154, 2(b)(2), 87 Stat.
604, provided for retirement of certain officers of Reserve Corps of the
Public Health Service for disability.
42 USC 212b. Repealed. Apr. 27, 1956, ch. 211, 5(d), 70 Stat. 117
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 31, 1953, ch. 296, title II, 201, 67 Stat. 254,
authorized recall of retired officers of the Service. See section
212(c) of this title.
42 USC 213. Military benefits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.).
(July 1, 1944, ch. 373, title II, 212, 58 Stat. 689; July 15, 1954,
ch. 507, 14(a), 68 Stat. 481; Aug. 1, 1956, ch. 837, title V,
501(b)(1), 70 Stat. 881; Apr. 22, 1976, Pub. L. 94-278, title XI,
1101, 90 Stat. 415; June 13, 1991, Pub. L. 102-54, 13(q)(1)(C), 105
Stat. 278.)
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 ( 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, 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.
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,''.
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.''
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.
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.''
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.
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.''
42 USC 213a. Rights, benefits, privileges, and immunities for
commissioned officers or beneficiaries; exercise of authority by
Secretary or designee
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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, 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.
(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.
(July 1, 1944, ch. 373, title II, 221, as added Aug. 10, 1956, ch.
1041, 4, 70A Stat. 619, and amended Sept. 2, 1958, Pub. L. 85-861, 4,
72 Stat. 1547; Aug. 14, 1959, Pub. L. 86-160, 3, 73 Stat. 359; July
27, 1962, Pub. L. 87-555, 2, 76 Stat. 244; Oct. 2, 1963, Pub. L.
88-132, 5(k), 77 Stat. 214; Aug. 14, 1964, Pub. L. 88-431, 1(d), 78
Stat. 440; Aug. 14, 1966, Pub. L. 89-538, 3(b), 80 Stat. 348; Sept.
21, 1972, Pub. L. 92-425, 5, 86 Stat. 713; Sept. 29, 1979, Pub. L.
96-76, title III, 312, 93 Stat. 586; Pub. L. 96-88, title V, 509(b),
Oct. 17, 1979, 93 Stat. 695; Dec. 12, 1980, Pub. L. 96-513, title V,
507(f)(2), 94 Stat. 2920; Oct. 7, 1985, Pub. L. 99-117, 4, 99 Stat.
492.)
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, 1, Sept. 7, 1962, 76 Stat.
451.
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).
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.
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.
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.
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.
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 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.
42 USC 214. Repealed. Pub. L. 87-649, 14b, Sept. 7, 1962, 76 Stat.
499
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, acts July 1, 1944, ch. 373, title II, 213, 58 Stat. 689;
Apr. 27, 1956, ch. 211, 2(a), 70 Stat. 116, authorized allowances for
uniforms. See section 415 of Title 37, Pay and Allowances of the
Uniformed Services.
42 USC 214a. Repealed. Sept. 1, 1954, ch. 1211, 5, 68 Stat. 1130
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 31, 1953, ch. 296, title II, 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.
42 USC 215. Detail of Service personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 214, 58 Stat. 690; July 3, 1946,
ch. 538, 6, 60 Stat. 423; Oct. 12, 1949, ch. 681, title V, 521(e), 63
Stat. 835; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Sept. 29, 1979, Pub. L. 96-76, title III, 309, 93
Stat. 585.)
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.
1979 -- Subsec. (c). Pub. L. 96-76, 309(a), inserted provisions
authorizing detail of personnel to appropriate committees of Congress.
Subsec. (d). Pub. L. 96-76, 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.
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
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.
Pub. L. 91-604, 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.''
/1/ So in original. Probably should be followed by a comma.
42 USC 216. Regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 215, 58 Stat. 690; Oct. 12, 1949,
ch. 681, title V, 521(f), 63 Stat. 835; 1953 Reorg. Plan No. 1, 5,
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
1949 -- Subsec. (b). Act Oct. 12, 1949, struck out references to
travel and transportation of household goods and effects.
Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section
533(a) of act Oct. 12, 1949.
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.
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.
42 USC 217. Use of Service in time of war or emergency
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 1, 1944, ch. 373, title II, 216, 58 Stat. 690; Apr. 27, 1956,
ch. 211, 1, 70 Stat. 116.)
The Uniform Code of Military Justice, referred to in text, is
classified to chapter 47 ( 801 et seq.) of Title 10, Armed Forces.
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''.
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.
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.
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.
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.
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.
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.
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.
Personnel of Public Health Service serving with armed forces as
subject to Uniform Code of Military Justice, see section 802 of Title
10, Armed Forces.
42 USC 217a. Advisory councils or committees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 222, as added Oct. 17, 1962, Pub.
L. 87-838, 3, 76 Stat. 1073, and amended Oct. 30, 1970, Pub. L.
91-515, title VI, 601(a)(3), (c), 84 Stat. 1310, 1311; Nov. 20, 1985,
Pub. L. 99-158, 3(a)(4), 99 Stat. 879.)
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.
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, 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, 601(a)(3), inserted ''council or''
before ''committee'' wherever appearing.
Subsec. (c). Pub. L. 91-515, 601(a)(3), (c)(2), inserted ''council
or'' before ''committee'' wherever appearing, and ''or programs'' after
''projects''.
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.
to Congressional Committees Relating to Termination
Pub. L. 93-641, 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 (now Health and
Human Services) 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 (now Committee on Labor and Human Resources) of the
Senate and the Committee on Interstate and Foreign Commerce of the House
of Representatives (now Committee on Energy and Commerce) (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.''
42 USC 217a-1. Advisory committees; prohibition of consideration of
political affiliations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(Pub. L. 94-278, title X, 1001, Apr. 22, 1976, 90 Stat. 415.)
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 ( 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. 284, as amended, which is classified principally to
chapter 75 ( 6000 et seq.) of this title. Title II of that Act, which
was also known as the Community Mental Health Centers Act and was
classified principally to subchapter III ( 2689 et seq.) of chapter 33
of this title, was repealed by Pub. L. 97-35, title IX, 902(e)(2)(B),
Aug. 13, 1981, 95 Stat. 560. 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 ( 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.
Section was not enacted as a part of the Public Health Service Act
which comprises this chapter.
42 USC 217b. Volunteer services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 1, 1944, ch. 373, title II, 223, as added Dec. 5, 1967, Pub.
L. 90-174, 6, 81 Stat. 539, and amended Oct. 17, 1979, Pub. L. 96-88,
title V, 509(b), 93 Stat. 695.)
''Department of Health and Human Services'' substituted in text for
''Department of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
42 USC 218. National Advisory Councils on Migrant Health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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 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 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.
(July 1, 1944, ch. 373, title II, 217, 58 Stat. 691; July 3, 1946,
ch. 538, 5(b)-(d), 60 Stat. 422; June 16, 1948, ch. 481, 4(a)-(c),
6(b), 62 Stat. 467, 469; June 24, 1948, ch. 621, 4(a)-(c), 62 Stat.
600; Aug. 15, 1950, ch. 714, 3(a)-(d), 64 Stat. 446; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 30, 1970, Pub. L. 91-515, title VI, 601(a)(1), 84 Stat. 1310;
Dec. 31, 1970, Pub. L. 91-616, title IV, 401, 84 Stat. 1853; Nov. 18,
1971, Pub. L. 92-157, title III, 301(b), 85 Stat. 463; Dec. 23, 1971,
Pub. L. 92-218, 6(a)(1), 85 Stat. 785; Mar. 21, 1972, Pub. L. 92-255,
title V, 502(a), 86 Stat. 85; Sept. 19, 1972, Pub. L. 92-423, 7(a),
86 Stat. 687; July 12, 1974, Pub. L. 93-348, title II, 211(a), 88
Stat. 351; July 29, 1975, Pub. L. 94-63, title IV, 401(b), 89 Stat.
341; July 26, 1976, Pub. L. 94-371, 9, 90 Stat. 1040; Nov. 9, 1978,
Pub. L. 95-622, title III, 302(b), 92 Stat. 3442; Nov. 10, 1978, Pub.
L. 95-626, title I, 102(b)(1), 92 Stat. 3551; Jan. 2, 1980, Pub. L.
96-180, 13, 93 Stat. 1304; Jan. 2, 1980, Pub. L. 96-181, 14, 93 Stat.
1315; Apr. 26, 1983, Pub. L. 98-24, 2(a)(2), 97 Stat. 176; Oct. 19,
1984, Pub. L. 98-509, title III, 302, 98 Stat. 2364; Nov. 20, 1985,
Pub. L. 99-158, 3(a)(2), (3), 99 Stat. 878, 879; Oct. 27, 1986, Pub.
L. 99-570, title IV, 4004(c), 100 Stat. 3207-111; Nov. 14, 1986, Pub.
L. 99-660, title III, 311(b)(1), 100 Stat. 3779.)
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (d), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, which is set out in the Appendix to Title 5, Government
Organization and Employees.
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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 6(a)(1)(B), struck out ''cancer,''
before ''mental health'' in listing of various diseases.
1970 -- Subsec. (a). Pub. L. 91-616, 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, 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, 401(c), added subsec. (d).
1950 -- Act Aug. 15, 1950, 3(d), amended section catchline to
reflect addition of new advisory councils.
Subsec. (a). Act Aug. 15, 1950, 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, 3(b), made subsection also
applicable to new advisory councils.
Subsec. (c). Act Aug. 15, 1950, 3(c), redesignated subsec. (e) as
(c) and repealed former subsec. (c).
Subsecs. (d), (f), (g). Act. Aug. 15, 1950, 3(c), repealed subsecs.
(d), (f), and (g).
1948 -- Acts June 16, 1948, 4(c), and June 24, 1948, 4(c), included
in section catchline the National Advisory Heart and Dental Research
Councils, respectively.
Subsec. (a). Act June 16, 1948, 6(b), substituted ''National
Institutes of Health'' for ''National Institute of Health'' in second
sentence.
Subsec. (b). Acts June 16, 1948, 4(b), and June 24, 1948, 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, 4(a), added subsec. (f) which
established the National Advisory Heart Council.
Subsec. (g). Act June 24, 1948, 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).
Section 302(b) of Pub. L. 95-622 provided that the amendment made by
that section is effective Nov. 1, 1978.
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.
Section 211(b) of Pub. L. 93-348, as amended by Pub. L. 94-278,
title III, 301(b), Apr. 22, 1976, 90 Stat. 407; Pub. L. 94-573,
18(b), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-203, 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.''
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.''
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).''
Section 3(a), (c) of act Aug. 15, 1950, provided that the amendments
and repeals made by that section are effective Oct. 1, 1950.
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.
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.
Section 3(a)(1) of Pub. L. 99-158 provided that: ''The National
Advisory Health Council established under section 217 (this section) is
terminated.''
Pub. L. 93-641, 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.
42 USC 218a. Training of officers; availability of appropriations for
pay and allowances, tuition, fees, and expenses; payment by officer
upon voluntary separation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) 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) 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.
(July 1, 1944, ch. 373, title II, 218, as added Feb. 28, 1948, ch.
83, 8, 62 Stat. 47, and amended Apr. 27, 1956, ch. 211, 6, 70 Stat.
117; Sept. 29, 1979, Pub. L. 96-76, title III, 310, 93 Stat. 585.)
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, 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, 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.
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 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.
42 USC 219 to 224. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 219, acts July 1, 1944, ch. 373, title V, 501, 58 Stat.
709; July 3, 1946, ch. 538, 10, 60 Stat. 425; June 16, 1948, ch.
481, 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr.
11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 15, 1968, Pub. L. 90-574,
title V, 503(b), 82 Stat. 1012; Oct. 17, 1979, Pub. L. 96-88, title
V, 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 300aaa of this title.
Section 220, act July 1, 1944, ch. 373, title V, 502, 58 Stat.
710, which related to use of immigration station hospitals, was
successively renumbered by subsequent acts and transferred, see section
300aaa-1 of this title.
Section 221, act July 1, 1944, ch. 373, title V, 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 300aaa-2 of this title.
Section 222, acts July 1, 1944, ch. 373, title V, 504, 58 Stat.
710, June 25, 1948, ch. 654, 6, 62 Stat. 1018; 1953 Reorg. Plan No.
1, 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, 10(s), Nov. 8,
1984, 98 Stat. 3381.
Section 223, act July 1, 1944, ch. 373, title V, 505, 58 Stat.
710; 1953 Reorg. Plan No. 1, 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, 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, 506, 58 Stat.
710; July 15, 1954, ch. 507, 14(b), 68 Stat. 481, which related to
transportation of remains of officers, was successively renumbered by
subsequent acts and transferred, see section 300aaa-3 of this title.
A new title V ( 501 et seq.) of the Public Health Service Act was
added by Pub. L. 98-24, 2(b), Apr. 26, 1983, 97 Stat. 177, and is
classified to subchapter III-A ( 290aa et seq. of this title).
42 USC 225. Repealed. July 12, 1955, ch. 328, 5(4), 69 Stat. 296
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, acts July 1, 1944, ch. 373, title V, 507, 58 Stat. 711;
Feb. 25, 1946, ch. 35, 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.
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.
42 USC 225a to 227. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 225a, act July 1, 1944, ch. 373, title V, 507, as added
June 24, 1967, Pub. L. 90-31, 5, 81 Stat. 79, and amended Oct. 27,
1970, Pub. L. 91-513, title I, 3(c), 84 Stat. 1241; Apr. 22, 1976,
Pub. L. 94-278, title XI, 1102(b), 90 Stat. 415; Oct. 7, 1980, Pub.
L. 96-398, title VIII, 804(b), 94 Stat. 1603; Aug. 13, 1981, Pub. L.
97-35, title IX, 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
300aaa-4 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, 508, 58 Stat.
711; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, 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 300aaa-5 of this title.
Section 227, acts July 1, 1944, ch. 373, title V, 509 58 Stat.
711; June 16, 1948, ch. 481, 6(b), 62 Stat. 469; June 25, 1948, ch.
654, 7, 62 Stat. 1018; Reorg. Plan No. 1 of 1953 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
300aaa-6 of this title.
42 USC 227a. Omitted
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, Pub. L. 90-132, title II, 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, 204, Nov. 7, 1966, 80 Stat. 1400.
Pub. L. 89-156, title II, 204, Aug. 31, 1965, 79 Stat. 609.
Pub. L. 88-605, title II, 204, Sept. 19, 1964, 78 Stat. 979.
Pub. L. 88-136, title II, 204, Oct. 11, 1963, 77 Stat. 244.
Pub. L. 87-582, title II, 204, Aug. 14, 1962, 76 Stat. 379.
Pub. L. 87-290, title II, 206, Sept. 22, 1961, 75 Stat. 608.
Pub. L. 86-703, title II, 207, Sept. 2, 1960, 74 Stat. 773.
Pub. L. 86-158, title II, 210, Aug. 14, 1959, 73 Stat. 355.
42 USC 228 to 229d. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 228, acts July 1, 1944, ch. 373, title V, 510, 58 Stat.
711; June 25, 1948, ch. 645, 5, 62 Stat. 859, which related to
wearing of uniforms, was successively renumbered by subsequent acts and
transferred, see section 300aaa-7 of this title.
Section 229, act July 1, 1944, ch. 373, title V, 511, 58 Stat.
711; 1953 Reorg. Plan No. 1, 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 300aaa-8 of this title.
Section 229a, act July 1, 1944, ch. 373, title V, 512, as added
Oct. 15, 1968, Pub. L. 90-574, title V, 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 300aaa-9 of this title.
Section 229b, act July 1, 1944, ch. 373, title V, 513, as added
June 30, 1970, Pub. L. 91-296, title IV, 401(a), 84 Stat. 351, and
amended Oct. 7, 1980, Pub. L. 96-398, title VIII, 804(c), 94 Stat.
1608; Aug. 13, 1981, Pub. L. 97-35, title IX, 902(g)(3), 95 Stat.
560, which related to evaluation of programs, was successively
renumbered by subsequent acts and transferred, see section 300aaa-10 of
this title.
Section 229c, act July 1, 1944, ch. 373, title V, 514, as added
Nov. 9, 1978, Pub. L. 95-623, 11(e), 92 Stat. 3456, which related to
contract authority of Secretary, was successively renumbered by
subsequent acts and transferred, see section 300aaa-11 of this title.
Section 229d, act July 1, 1944, ch. 373, title V, 515, formerly
Pub. L. 88-164, title II, 225, as added Pub. L. 94-63, title III,
303, July 29, 1975, 89 Stat. 326, and amended Pub. L. 95-622, title I,
110(c), Nov. 9, 1978, 92 Stat. 3420, renumbered and amended Pub. L.
97-35, title IX, 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 300aaa-12 of this title.
42 USC 230. Repealed. Apr. 27, 1956, ch. 211, 5(e), 70 Stat. 117
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title VII, 706, formerly title
VI, 606, 58 Stat. 713; renumbered title VII, 706, Aug. 13, 1946,
ch. 958, 5, 60 Stat. 1049; and amended Feb. 28, 1948, ch. 83,
9(a), 62 Stat. 47; Oct. 12, 1949, ch. 681, title V, 521(g), 63 Stat.
835, provided for computation of retired pay. See section 212 of this
title.
42 USC 231. Service and supply fund; uses; reimbursement
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 3, 1945, ch. 263, title II, 59 Stat. 370; 1953 Reorg. Plan No.
1, 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17,
1979, Pub. L. 96-88, title V, 509(b), 93 Stat. 695; Jan. 4, 1983, Pub.
L. 97-414, 9(i), 96 Stat. 2064.)
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.
1983 -- Pub. L. 97-414 inserted '', or in advance,'' after ''stock
furnished''.
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.
42 USC 232. National Institute of Mental Health; authorization of
appropriation; construction; location
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 3, 1946, ch. 538, 11, 60 Stat. 425; June 30, 1949, ch. 288,
title I, 103(a), 63 Stat. 380.)
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.
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.
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, which is classified to section 753(a) of Title 40, Public
Buildings, Property, and Works. Both Federal Works Agency and office of
Federal Works Administrator abolished by section 103(b) of that act.
Transfer of functions by act June 30, 1949, effective July 1, 1949,
see section 605 of act June 30, 1949, set out as an Effective Date note
under section 471 of Title 40, Public Buildings, Property, and Works.
42 USC 233. Civil actions or proceedings against commissioned officers
or employees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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.
(July 1, 1944, ch. 373, title II, 224, formerly 223, as added Dec.
31, 1970, Pub. L. 91-623, 4, 84 Stat. 1870, and renumbered 224, Nov.
18, 1971, Pub. L. 92-157, title III, 301(c), 85 Stat. 463.)
42 USC 234. Repealed. Pub. L. 94-484, title IV, 408(b)(1), Oct. 12,
1976, 90 Stat. 2281, eff. Oct. 1, 1977
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title II, 225, as added Oct.
27, 1972, Pub. L. 92-585, 5, 86 Stat. 1293, and amended Aug. 23,
1974, Pub. L. 93-385, 1, 88 Stat. 741; Apr. 22, 1976, Pub. L.
94-278, title IX, 901, 90 Stat. 415; Sept. 30, 1976, Pub. L.
94-437, title I, 104, 90 Stat. 1403; Oct. 12, 1976, Pub. L. 94-484,
title I, 101(t), 90 Stat. 2246, related to Public Health and National
Health Service Corps Scholarship Training program.
42 USC 235. Administration of grants in multigrant projects;
promulgation of regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
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.
(July 1, 1944, ch. 373, title II, 226, formerly title III, 310A, as
added Oct. 30, 1970, Pub. L. 91-515, title II, 270, 84 Stat. 1306,
amended Nov. 18, 1971, Pub. L. 92-157, title II, 201, 85 Stat. 461, and
renumbered 226, July 23, 1974, Pub. L. 93-353, title I, 102(e), 88
Stat. 362.)
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, 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, 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, 501(b), July 29, 1975, 89 Stat. 346.
Section was formerly classified to section 242i of this title.
1971 -- Pub. L. 92-157 provided for administration of programs
established under subchapters V and VI of this chapter.
/1/ See References in Text note below.
42 USC 236. Orphan Products Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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 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 and
the Alcohol, Drug Abuse, and Mental Health Administration 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, the Alcohol, Drug
Abuse, and Mental Health Administration, and the Centers for Disease
Control 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 and the
Administrator of the Alcohol, Drug Abuse, and Mental Health
Administration 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 and the Alcohol,
Drug Abuse, and Mental Health Administration; 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.
(July 1, 1944, ch. 373, title II, 227, as added Jan. 4, 1983, Pub.
L. 97-414, 3, 96 Stat. 2051, and amended Oct. 22, 1986, Pub. L.
99-514, 2, 100 Stat. 2095.)
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,
471(c)(1), July 18, 1984, 98 Stat. 826.
A prior section 236, act July 1, 1944, ch. 373, title II, 227,
formerly title III, 310B, as added Oct. 30, 1970, Pub. L. 91-515,
title II, 280, 84 Stat. 1307, and renumbered 227 amended July 23,
1974, Pub. L. 93-353, title I, 102(f), 88 Stat. 362, relating to an
annual report by the Secretary on activities related to health
facilities and services and expenditure of funds, was repealed by Pub.
L. 97-35, title XXI, 2193(b)(4), Aug. 13, 1981, 95 Stat. 827.
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.
Pub. L. 99-91, 4, Aug. 15, 1985, 99 Stat. 388, as amended by Pub.
L. 100-290, 4, Apr. 18, 1988, 102 Stat. 92, 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 Alcohol, Drug Abuse, and Mental
Health Administration, 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, the Alcohol, Drug Abuse, and Mental
Health Administration, 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 institutes
of the Alcohol, Drug Abuse, and Mental Health Administration, 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 from --
''(A) the directors of the national research institutes of the
National Institutes of Health; or
''(B) the directors of the institutes of the Alcohol, Drug Abuse, and
Mental Health Administration,
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 an institute of the Alcohol, Drug Abuse, and Mental Health
Administration 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.''
/1/ So in original. The semicolon probably should be a comma.
/2/ See References in Text note below.
42 USC 237. Senior Biomedical Research Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Creation; number of members
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.
(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.
(July 1, 1944, ch. 373, title II, 228, as added Nov. 5, 1990, Pub.
L. 101-509, title V, 529 (title III, 304(a)), 104 Stat. 1427, 1463.)
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.
Section effective on the 90th day following Nov. 5, 1990, see
section 529 (title III, 304(c)) of Pub. L. 101-509, set out as an
Effective Date of 1990 Amendment note under section 212 of this title.
42 USC SUBCHAPTER II -- GENERAL POWERS AND DUTIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC Part A -- Research and Investigations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 241. Research and investigations generally
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(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 an annual 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.
(July 1, 1944, ch. 373, title III, 301, 58 Stat. 691; July 3, 1946,
ch. 538, 7(a), (b), 60 Stat. 423; June 16, 1948, ch. 481, 4(e), (f),
62 Stat. 467; June 24, 1948, ch. 621, 4(e), (f), 62 Stat. 601; June
25, 1948, ch. 654, 1, 62 Stat. 1017; July 3, 1956, ch. 510, 4, 70
Stat. 490; Sept. 15, 1960, Pub. L. 86-798, 74 Stat. 1053; Oct. 17,
1962, Pub. L. 87-838, 2, 76 Stat. 1073; Aug. 9, 1965, Pub. L. 89-115,
3, 79 Stat. 448; Dec. 5, 1967, Pub. L. 90-174, 9, 81 Stat. 540; Oct.
27, 1970, Pub. L. 91-513, title I, 3(a), 84 Stat. 1241; Oct. 30, 1970,
Pub. L. 91-515, title II, 292, 84 Stat. 1308; Dec. 23, 1971, Pub. L.
92-218, 6(a)(2), 85 Stat. 785; Sept. 19, 1972, Pub. L. 92-423, 7(b),
86 Stat. 687; May 14, 1974, Pub. L. 93-282, title I, 122(b), 88 Stat.
132; July 12, 1974, Pub. L. 93-348, title I, 104(a)(1), 88 Stat. 346;
July 23, 1974, Pub. L. 93-352, title I, 111, 88 Stat. 360; Apr. 22,
1976, Pub. L. 94-278, title I, 111, 90 Stat. 405; Nov. 9, 1978, Pub.
L. 95-622, title II, 261, 262, 92 Stat. 3434; Oct. 17, 1979, Pub. L.
96-88, title V, 509(b), 93 Stat. 695; Nov. 20, 1985, Pub. L. 99-158,
3(a)(5), 99 Stat. 879; Oct. 27, 1986, Pub. L. 99-570, title IV,
4021(b)(2), 100 Stat. 3207-124; Nov. 14, 1986, Pub. L. 99-660, title I,
104, 100 Stat. 3751; Nov. 4, 1988, Pub. L. 100-607, title I, 163(1),
(2), 102 Stat. 3062.)
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, 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, 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, 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, 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, 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, 104(a)(1)(C), redesignated subsec. (h) as (g).
Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 93-348, 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, 4(e), and June 24, 1948,
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, 4(f), and June 24, 1948, 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.
''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.
Sections 261 and 262 of Pub. L. 95-622 provided that the amendments
made by those sections are effective Oct. 1, 1978.
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).''
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.
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.
Section 161 of Pub. L. 100-607 provided that:
''(a) In General. -- In carrying out the purposes of section 301 of
the Public Health Service Act (42 U.S.C. 241), the Secretary of Health
and Human Services, acting through the Director of the Centers for
Disease Control (hereafter referred to in this section as the
'Director'), shall conduct a study of thyroid morbidity of the
population (including Indian tribes and tribal organizations) in the
vicinity of Hanford, in the State of Washington, during the years 1944
through 1957.
''(b) Peer Review. -- As soon as is practicable after the date of the
enactment of this Act (Nov. 4, 1988), the Director shall establish a
peer review committee that shall, along with the Centers for Disease
Control, make any determinations as to the conduct of the study required
under this section.
''(c) Contracts. --
''(1) In general. -- Except as provided in paragraph (2), the
Director may contract out any portion of the study required under this
section if the Director considers such appropriate, except that such
contractor shall not have any direct or indirect interest in the outcome
of such study including, contracts with the Department of Energy.
''(2) Relationships. -- Contractors that currently are parties to
contracts with the Department of Energy (or who have previously been
parties to such) shall be given consideration pursuant to paragraph (1),
except that the Director shall make a determination in each such
circumstance that the relationship of the contractor with the Department
of Energy does not represent a conflict of interest or the appearance of
such a conflict regarding the conduct of the study required under this
section.
''(d) Report. -- Not later than 42 months after the date of enactment
of this section (Nov. 4, 1988), the Director shall transmit a report
including such study to the Congress, the chief executive officers of
the States of Oregon and Washington, and the governing officials of the
Indian tribes in the vicinity of Hanford, Washington.''
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.
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.
Pub. L. 99-117, 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.''
Radioepidemiological Tables
Pub. L. 97-414, 7, Jan. 4, 1983, 96 Stat. 2059, provided that:
''(a) In carrying out section 301 of the Public Health Service Act
(this section), the Secretary of Health and Human Services shall --
''(1) conduct scientific research and prepare analyses necessary to
develop valid and credible assessments of the risks of thyroid cancer
that are associated with thyroid doses of Iodine 131;
''(2) conduct scientific research and prepare analyses necessary to
develop valid and credible methods to estimate the thyroid doses of
Iodine 131 that are received by individuals from nuclear bomb fallout;
''(3) conduct scientific research and prepare analyses necessary to
develop valid and credible assessments of the exposure to Iodine 131
that the American people received from the Nevada atmospheric nuclear
bomb tests; and
''(4) prepare and transmit to the Congress within one year after the
date of enactment of this Act (Jan. 4, 1983) a report with respect to
the activities conducted in carrying out paragraphs (1), (2), and (3).
''(b)(1) Within one year after the date of enactment of this Act
(Jan. 4, 1983), the Secretary of Health and Human Services shall devise
and publish radioepidemiological tables that estimate the likelihood
that persons who have or have had any of the radiation related cancers
and who have received specific doses prior to the onset of such disease
developed cancer as a result of these doses. These tables shall show a
probability of causation of developing each radiation related cancer
associated with receipt of doses ranging from 1 millirad to 1,000 rads
in terms of sex, age at time of exposure, time from exposure to the
onset of the cancer in question, and such other categories as the
Secretary, after consulting with appropriate scientific experts,
determines to be relevant. Each probability of causation shall be
calculated and displayed as a single percentage figure.
''(2) At the time the Secretary of Health and Human Services
publishes the tables pursuant to paragraph (1), such Secretary shall
also publish --
''(A) for the tables of each radiation related cancer, an evaluation
which will assess the credibility, validity, and degree of certainty
associated with such tables; and
''(B) a compilation of the formulas that yielded the probabilities of
causation listed in such tables. Such formulas shall be published in
such a manner and together with information necessary to determine the
probability of causation of any individual who has or has had a
radiation related cancer and has received any given dose.
''(3) The tables specified in paragraph (1) and the formulas
specified in paragraph (2) shall be devised from the best available data
that are most applicable to the United States, and shall be devised in
accordance with the best available scientific procedures and expertise.
The Secretary of Health and Human Services shall update these tables and
formulas every four years, or whenever he deems it necessary to insure
that they continue to represent the best available scientific data and
expertise.''
Pub. L. 93-641, 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.
42 USC 242. Studies and investigations on use and misuse of narcotic
drugs and other drugs; annual report to Attorney General; cooperation
with States
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In carrying out the purposes of section 241 of this title with
respect to drugs the use or misuse of which might result in drug abuse
or dependency, the studies and investigations authorized therein shall
include the use and misuse of narcotic drugs and other drugs. Such
studies and investigations shall further include the quantities of crude
opium, coca leaves, and their salts, derivatives, and preparations, and
other drugs subject to control under the Controlled Substances Act (21
U.S.C. 801 et seq.) and Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), together with reserves thereof, necessary to supply
the normal and emergency medicinal and scientific requirements of the
United States. The results of studies and investigations of the
quantities of narcotic drugs or other drugs subject to control under
such Acts, together with reserves of such drugs, that are necessary to
supply the normal and emergency medicinal and scientific requirements of
the United States, shall be reported not later than the first day of
April of each year to the Attorney General, to be used at his discretion
in determining manufacturing quotas or importation requirements under
such Acts.
(b) The Surgeon General shall cooperate with States for the purpose
of aiding them to solve their narcotic drug problems and shall give
authorized representatives of the States the benefit of his experience
in the care, treatment, and rehabilitation of narcotic addicts to the
end that each State may be encouraged to provide adequate facilities and
methods for the care and treatment of its narcotic addicts.
(July 1, 1944, ch. 373, title III, 302, 58 Stat. 692; Oct. 27,
1970, Pub. L. 91-513, title II, 701(j), 84 Stat. 1282.)
The Controlled Substances Act, referred to in subsec. (a), is title
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which
is classified principally to subchapter I ( 801 et seq.) of chapter 13
of Title 21, Food and Drugs. For complete classification of this Act to
the Code, see Short Title note set out under section 801 of Title 21 and
Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (a), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1285, as amended, which is classified principally to subchapter II ( 951
et seq.) of chapter 13 of Title 21. For complete classification of this
Act to the Code, see Short Title note set out under section 951 of Title
21 and Tables.
1970 -- Subsec. (a). Pub. L. 91-513 inserted references to drug
dependency, drugs other than narcotic drugs, and substances subject to
control under the Controlled Substances Act and the Controlled
Substances Import and Export Act, substituted the first day of April of
each year for the first day of September of each year as the date by
which the study results must be submitted, substituted the Attorney
General for the Secretary of the Treasury as the officer to whom the
report is to be submitted, and struck out references to the Narcotic
Drugs Import and Export Act.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after Oct. 26, 1970, see section 704 of Pub.
L. 91-513, set out as an Effective Date note under section 801 of Title
21, Food and Drugs.
Amendment by Pub. L. 91-513 not to affect or abate any prosecutions
for violation of law or any civil seizures or forfeitures and injunctive
proceedings commenced prior to the effective date of such amendment, and
all administrative proceedings pending before the Bureau of Narcotics
and Dangerous Drugs on Oct. 27, 1970, to be continued and brought to
final determination in accord with laws and regulations in effect prior
to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a note
under section 321 of Title 21, Food and Drugs.
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.
Pub. L. 91-296, title V, June 30, 1970, 84 Stat. 352, as amended by
Pub. L. 95-461, 3(a), Oct. 14, 1978, 92 Stat. 1268; Pub. L. 96-88,
title V, 509(b), Oct. 17, 1979, 93 Stat. 695, known as the Marihuana
and Health Reporting Act, which required the Secretary of Health and
Human Services, after consultation with the Surgeon General and other
appropriate individuals, to transmit a report to the Congress on or
before January 31, 1971, and biennially thereafter (1) containing
current information on the health consequences of using marihuana, and
(2) containing such recommendations for legislative and administrative
action as he may deem appropriate, was repealed by Pub. L. 98-24,
2(d), Apr. 26, 1983, 97 Stat. 182.
42 USC 242a. Mental health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Clinical training and instruction and clinical traineeships;
stipends and allowances; research projects
In carrying out the purposes of section 241 of this title with
respect to mental health, the Surgeon General is authorized --
(1) to provide clinical training and instruction and to establish and
maintain clinical traineeships (with such stipends and allowances
(including travel and subsistence expenses and dependency allowances)
for the trainees as the Secretary may deem necessary);
(2) to make grants to State or local agencies, laboratories, and
other public or nonprofit agencies and institutions, and to individuals
for investigations, experiments, demonstrations, studies, and research
projects with respect to the development of improved methods of
diagnosing mental illness, and of care, treatment, and rehabilitation of
the mentally ill, including grants to State agencies responsible for
administration of State institutions for care, or care and treatment, of
mentally ill persons for developing and establishing improved methods of
operation and administration of such institutions.
(b) Effect of treaties and other international agreements on
confidentiality
Nothing in the Single Convention on Narcotic Drugs, the Convention on
Psychotropic Substances, or other treaties or international agreements
shall be construed to limit, modify, or prevent the protection of the
confidentiality of patient records or of the names and other identifying
characteristics of research subjects as provided by any Federal, State,
or local law or regulation.
(c) Grants to public and other nonprofit institutions
The Secretary may provide for training, instruction, and traineeships
under subsection (a)(1) of this section through grants to public and
other nonprofit institutions. Grants under paragraph (2) of subsection
(a) of this section may be made only upon recommendation of the National
Advisory Mental Health Council. Such grants may be paid in advance or
by way of reimbursement, as may be determined by the Surgeon General;
and shall be made on such conditions as the Surgeon General finds
necessary.
(d) Obligatory service for traineeships
(1) Any individual who has received a clinical traineeship, in
psychology, psychiatry, nursing, marital and family therapy, or social
work, under subsection (a)(1) of this section that was not of a limited
duration or experimental nature (as determined by the Secretary) is
obligated to serve, in service determined by the Secretary to be
appropriate in the light of the individual's training and experience, at
the rate of one year for each year (or academic year, whichever the
Secretary determines to be appropriate) of the traineeship.
(2) The service required under paragraph (1) shall be performed --
(A) for a public inpatient mental institution providing inpatient
care or any entity receiving a grant under the Mental Health Systems Act
(42 U.S.C. 9401 et seq.),
(B) in a health professional shortage area (as determined under
subpart II of part D of this subchapter), or
(C) in any other area or for any other entity designated by the
Secretary,
and shall begin within such period after the termination of the
traineeship as the Secretary may determine. In developing criteria for
determining for which institutions or entities or in which areas,
referred to in the preceding sentence, individuals must perform service
under paragraph (1), the Secretary shall give preference to
institutions, entities, or areas which in his judgment have the greatest
need for personnel to perform that service. The Secretary may permit
service for or in other institutions, entities, or areas if the
Secretary determines that the request for such service is supported by
good cause.
(3) Any individual who fails to perform the service required under
this subsection within the period prescribed by the Secretary is
obligated to repay to the United States an amount equal to three times
the cost of the traineeship (including stipends and allowances) plus
interest at the maximum legal rate at the time of payment of the
traineeship, multiplied, in any case in which the service so required
has been performed in part, by the percentage which the length of the
service not so performed is of the length of the service so required to
be performed.
(4)(A) In the case of any individual any part of whose obligation to
perform service under this subsection exists at the same time as any
part of the individual's obligation to perform service under section
254m or 254n of this title (because of receipt of a scholarship under
subpart II of part D of this subchapter) or the individual's obligation
to perform service under section 288 /1/ of this title (because of
receipt of a National Research Service Award), or both, the same service
may not be used to any extent to meet more than one of those
obligations.
(B) In any case to which subparagraph (A) is applicable and in which
one of the obligations is to perform service under section 254m or 254n
of this title, the obligation to perform service under that section must
be met (by performance of the required service or payment of damages)
before the obligation to perform service under this subsection or under
section 288 /1/ of this title.
(C) In any case to which subparagraph (A) is applicable, if any part
of the obligation to perform service under section 288 /1/ of this title
exists at the same time as any part of the obligation to perform service
under this subsection, the manner and time of meeting each obligation
shall be prescribed by the Secretary.
(5) In disseminating application forms to individuals desiring
traineeships, the Secretary shall include with such forms a fair summary
of the liabilities under this subsection of an individual who receives a
traineeship.
(July 1, 1944, ch. 373, title III, 303, as added July 3, 1946, ch.
538, 7(c), 60 Stat. 423, and amended Aug. 2, 1956, ch. 871, title V,
501, 70 Stat. 929; Oct. 27, 1970, Pub. L. 91-513, title I, 3(a), 84
Stat. 1241; May 14, 1974, Pub. L. 93-282, title I, 122(b), 88 Stat.
132; July 12, 1974, Pub. L. 93-348, title I, 104(a)(2), 88 Stat. 346;
Nov. 10, 1978, Pub. L. 95-633, title I, 108(b), 92 Stat. 3773; Oct.
7, 1980, Pub. L. 96-398, title VIII, 803(a), 94 Stat. 1607; Dec. 1,
1987, Pub. L. 100-177, title II, 202(a), 101 Stat. 996; Nov. 4, 1988,
Pub. L. 100-607, title I, 163(1)(A), 102 Stat. 3062; Nov. 18, 1988,
Pub. L. 100-690, title II, 2058(b), 102 Stat. 4214; Nov. 16, 1990,
Pub. L. 101-597, title IV, 401(b)((a)), 104 Stat. 3035.)
The Mental Health Systems Act, referred to in subsec. (d)(2)(A), is
Pub. L. 96-398, Oct. 7, 1980, 96 Stat. 1564, as amended, which is
classified principally to chapter 102 ( 9401 et seq.) 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.
Section 288 of this title, referred to in subsec. (d)(4), in the
original referred to section 472, meaning section 472 of the Public
Health Service Act, which was classified to section 289l-1 of this
title. Title IV of the Public Health Service Act was amended generally
by section 2 of Pub. L. 99-158, Nov. 20, 1985, 99 Stat. 822, and
provisions formerly contained in section 472 were restated in section
487 of the Public Health Service Act, which is classified to section 288
of this title.
1990 -- Subsec. (d)(2)(B). Pub. L. 101-597 substituted ''health
professional shortage area'' for ''health manpower shortage area''.
1988 -- Subsec. (a). Pub. L. 100-607 redesignated concluding
provisions which permitted Secretary to authorize persons engaged in
research on mental health to protect privacy of individuals who are
subject of such research by withholding names of such individuals, and
which prohibited compulsion of persons so authorized to identify such
individuals in any court or other proceedings, as subsec. (d) of
section 241 of this title.
Subsec. (d)(1). Pub. L. 100-690 inserted ''marital and family
therapy,'' after ''nursing,''.
1987 -- Subsec. (d)(4). Pub. L. 100-177 made technical amendment to
references to ''section 254m or 254n of this title'' in two places and
substituted ''subpart II of Part D of this subchapter'' for ''subpart IV
of Part C of subchapter V of this chapter'' to reflect renumbering of
corresponding provisions of original act.
1980 -- Subsec. (d). Pub. L. 96-398 added subsec. (d).
1978 -- Subsecs. (b), (c). Pub. L. 95-633 added subsec. (b) and
redesignated former subsec. (b) as (c).
1974 -- Subsec. (a). 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''.
Subsec. (a)(1). Pub. L. 93-348, 104(a)(2)(A), inserted ''clinical''
before ''training and instruction'' and ''traineeships'' and substituted
''(with such stipends and allowances (including travel and subsistence
expenses and dependency allowances) for the trainees as the Secretary
may deem necessary)'' for '', in accordance with the provisions of
section 289c(a) of this title''.
Subsec. (b). Pub. L. 93-348, 104(a)(2)(B), authorized Secretary to
provide for training, instruction, and traineeships under subsection
(a)(1) of this section through grants to public and other nonprofit
institutions.
1970 -- Subsec. (a). Pub. L. 91-513 inserted provisions authorizing
withholding of information concerning identity of persons who are
subjects of research on use and effect of drugs.
1956 -- Subsec. (a). Act Aug. 2, 1956, substituted provisions of
par. (1) relating to traineeships in accordance with section 289c(a) of
this title and par. (2) relating to grants for research and improved
operation of mental institutions for provisions relating to admission of
study patients, including patients from St. Elizabeths Hospital, to the
National Institute of Mental Health.
Subsec. (b). Act Aug. 2, 1956, substituted provisions relating to
recommendation of grants by Council and payment by Surgeon General for
provisions relating to mental health training.
Section 501 of Pub. L. 101-597 provided that: ''This Act and the
amendments made by 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 201,
254l-1, and 254o of this title) shall take effect October 1, 1990, or
upon the date of the enactment of this Act (Nov. 16, 1990), whichever
occurs later.''
Section 803(b) of Pub. L. 96-398 provided that: ''The amendment
made by subsection (a) (amending this section) applies in the case of
any academic year (of any traineeship awarded under section 303(a)(1) of
the Public Health Service Act (subsec. (a)(1) of this section))
beginning after the date of the enactment of this Act (Oct. 7, 1980) if
the award for such academic year is made after such date.''
Amendment by Pub. L. 95-633 effective on date Convention on
Psychotropic Substances enters into force in the United States, see
section 112 of Pub. L. 95-633, set out as an Effective Date note under
section 801a of Title 21, Food and Drugs. Convention on Psychotropic
Substances entered into force for the United States on July 15, 1980.
Amendment by Pub. L. 93-348 not applicable with respect to
commitments made before July 12, 1974, by the Secretary of Health,
Education, and Welfare for research training, see section 104(b) of Pub.
L. 93-348, set out as a note under section 241 of this title.
Amendment by act Aug. 2, 1956, effective July 1, 1956, see section
503 of act Aug. 2, 1956.
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.
Pub. L. 93-641, 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.
/1/ See Codification note below.
42 USC 242b. General authority respecting research, evaluations, and
demonstrations in health statistics, health services, and health care
technology
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Scope of activities
The Secretary may, through the Agency for Health Care Policy and
Research or the National Center for Health Statistics, or using National
Research Service Awards or other appropriate authorities, undertake and
support training programs to provide for an expanded and continuing
supply of individuals qualified to perform the research, evaluation, and
demonstration projects set forth in section 242k of this title and in
subchapter VII of this chapter.
(b) Additional authority; scope of activities
To implement subsection (a) of this section and section 242k of this
title, the Secretary may, in addition to any other authority which under
other provisions of this chapter or any other law may be used by him to
implement such subsection, do the following:
(1) Utilize personnel and equipment, facilities, and other physical
resources of the Department of Health and Human Services, permit
appropriate (as determined by the Secretary) entities and individuals to
utilize the physical resources of such Department, provide technical
assistance and advice, make grants to public and nonprofit private
entities and individuals, and, when appropriate, enter into contracts
with public and private entities and individuals.
(2) Admit and treat at hospitals and other facilities of the Service
persons not otherwise eligible for admission and treatment at such
facilities.
(3) Secure, from time to time and for such periods as the Secretary
deems advisable but in accordance with section 3109 of title 5, the
assistance and advice of consultants from the United States or abroad.
The Secretary may for the purpose of carrying out the functions set
forth in sections 242c, /1/ 242k, and 242n /1/ of this title, obtain (in
accordance with section 3109 of title 5, but without regard to the
limitation in such section on the number of days or the period of
service) for each of the centers the services of not more than fifteen
experts who have appropriate scientific or professional qualifications.
(4) Acquire, construct, improve, repair, operate, and maintain
laboratory, research, and other necessary facilities and equipment, and
such other real or personal property (including patents) as the
Secretary deems necessary; and acquire, without regard to section 34 of
title 40, by lease or otherwise, through the Administrator of General
Services, buildings or parts of buildings in the District of Columbia or
communities located adjacent to the District of Columbia.
(c) Coordination of activities through units of Department
(1) The Secretary shall coordinate all health services research,
evaluations, and demonstrations, all health statistical and
epidemiological activities, and all research, evaluations, and
demonstrations respecting the assessment of health care technology
undertaken and supported through units of the Department of Health and
Human Services. To the maximum extent feasible such coordination shall
be carried out through the Agency for Health Care Policy and Research
and the National Center for Health Statistics.
(2) The Secretary shall coordinate the health services research,
evaluations, and demonstrations, the health statistical and (where
appropriate) epidemiological activities, and the research, evaluations,
and demonstrations respecting the assessment of health care technology
authorized by this chapter through the Agency for Health Care Policy and
Research and the National Center for Health Statistics.
(d) Study of costs of diseases and adverse effects which are
environmentally related
(1) The Secretary, with the advice and assistance of the National
Academy of Sciences (acting through the Institute of Medicine and other
appropriate units), shall, in cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Labor, the Consumer
Product Safety Commission, the Council of Economic Advisers, the Council
on Wage and Price Stability, the Council on Environmental Quality, and
other entities of the Federal Government which the Secretary determines
have the expertise in the subject of the study prescribed by this
paragraph, conduct, with funds appropriated under section 242m(i)(2) /1/
of this title, an ongoing study of the present and projected future
health costs of pollution and other environmental conditions resulting
from human activity (including human activity in any place in the indoor
or outdoor environment, including places of employment and residence).
In conducting the study, the Secretary shall, to the extent feasible --
(A) identify the pollution (and the pollutants responsible for the
pollution) and other environmental conditions which are, or may
reasonably be anticipated to be, responsible for causing, contributing
to, increasing susceptibility to, or aggravating human diseases and
adverse effects on humans;
(B) identify each such disease and adverse effect on humans and
specifically determine whether cancer, birth defects, genetic damage,
emphysema, asthma, bronchitis, and other respiratory diseases, heart
disease, stroke, and mental illness and impairment are such a disease or
effect;
(C) identify (on a national, regional, or other geographical basis)
the source or sources of such pollutants and conditions and estimate the
portion of each pollutant and the extent of each condition which can be
traced to a specific type of source;
(D) ascertain (i) the extent to which the pollutants and conditions
identified under subparagraph (A) are, or may reasonably be anticipated
to be, responsible, individually or collectively, for causing,
contributing to, increasing susceptibility to, or aggravating the
diseases and effects identified under subparagraph (B), and (ii) the
effect upon the incidence or severity of specific diseases and effects
of individual or collective, as appropriate, incremental reductions in
the pollutants and changes in such conditions; and
(E) quantify (i) the present and projected future health costs of the
diseases and effects identified under subparagraph (B), and (ii) the
reduction in health costs which would result from each incremental
reduction and change referred to in subparagraph (D)(ii).
(2) The Secretary shall enter into appropriate arrangements with the
Academy under which the Secretary shall be responsible for expenses
incurred by the Academy in connection with the study prescribed by
paragraph (1).
(3) The first report on the study prescribed by paragraph (1) shall
be made to the Committee on Human Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives by the
Secretary not later than eighteen months after November 9, 1978.
Subsequent reports on the study shall be made by the Secretary every
three years after the date the first report is submitted. Each report
shall (A) identify deficiencies and limitations in the data on the
matters considered in the study and recommend actions which may be taken
to eliminate such deficiencies and limitations, (B) include such
recommendations for legislation as the Secretary determines appropriate,
(C) include recommendations for facilitating studies of the effects of
hazardous substances on humans, and (D) include a description of any
administrative action proposed to be taken by the Secretary, the
Administrator of the Environmental Protection Agency, the Secretary of
Labor, and the Consumer Product Safety Commission to reduce the costs
which have been quantified under paragraph (1)(E)(i). In conducting the
study, the Secretary shall seek assistance from public and private
health financing entities in securing the data needed for the study.
(4) For purposes of paragraph (1), the term ''health costs of
pollution and other environmental conditions'' means the costs of human
diseases and other adverse effects on humans which pollution and other
environmental conditions are, or may reasonably be anticipated to be,
responsible for causing, contributing to, increasing susceptibility to,
or aggravating, including the costs of preventing such diseases and
effects, the costs of the treatment, cure, convalescence, and
rehabilitation of persons afflicted by such diseases, costs reasonably
attributable to pain and suffering from such diseases and effects, loss
of income and future earnings resulting from such diseases and effects,
adverse effects on productivity (and thus increases in production costs
and consumer prices) resulting from such diseases and effects, loss of
tax revenues resulting from such decreases in earnings and productivity,
costs to the welfare and unemployment compensation systems and the
programs of health benefits under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) resulting from such
diseases and effects, the overall increases in costs throughout the
economy resulting from such diseases and effects, and other related
direct and indirect costs.
(July 1, 1944, ch. 373, title III, 304, as added July 28, 1955, ch.
417, 3, 69 Stat. 382, and amended Aug. 2, 1956, ch. 871, title V, 502,
70 Stat. 930; Dec. 5, 1967, Pub. L. 90-174, 3(a), 81 Stat. 534; June
30, 1970, Pub. L. 91-296, title IV, 401(b)(1)(A), 84 Stat. 352; Oct.
30, 1970, Pub. L. 91-515, title II, 201(a)-(c), 202, 203, 84 Stat.
1301-1303; June 18, 1973, Pub. L. 93-45, title I, 102, 87 Stat. 91;
July 23, 1974, Pub. L. 93-353, title I, 103, 88 Stat. 362; Nov. 9,
1978, Pub. L. 95-623, 3, 7, 92 Stat. 3443, 3451; July 10, 1979, Pub.
L. 96-32, 5(a)-(c), 93 Stat. 82; Aug. 13, 1981, Pub. L. 97-35, title
IX, 918, 95 Stat. 565; Oct. 30, 1984, Pub. L. 98-551, 5(c), 98 Stat.
2819; Dec. 19, 1989, Pub. L. 101-239, title VI, 6103(e)(1), 103 Stat.
2205.)
Sections 242c and 242n of this title, referred to in subsec. (b)(3),
were repealed by Pub. L. 101-239, title VI, 6103(d)(1), Dec. 19,
1989, 103 Stat. 2205.
Section 242m(i)(2) of this title, referred to in subsec. (d)(1), was
repealed by Pub. L. 101-239, title VI, 6103(e)(4)(I), Dec. 19, 1989,
103 Stat. 2207.
The Social Security Act, referred to in subsec. (d)(4), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of
the Social Security Act are classified generally to subchapters XVIII (
1395 et seq.) and XIX ( 1396 et seq.) of chapter 7 of this title. For
complete classification of this Act to the Code, see section 1305 of
this title and Tables.
1989 -- Subsec. (a). Pub. L. 101-239, 6103(e)(1)(B), substituted
''the Agency for Health Care Policy and Research'' for ''the National
Center for Health Services Research and Health Care Technology
Assessment'' and ''in section 242k of this title and in subchapter VII
of this chapter'' for ''in sections 242c, 242k, and 242n of this
title''.
Pub. L. 101-239, 6103(e)(1)(A), redesignated par. (3) as entire
subsec. (a) and struck out pars. (1) and (2) which required Secretary
to conduct and support research, demonstrations, evaluations, and
statistical and epidemiological activities for purpose of improving
health services in the United States, and which specified types of
activities Secretary was to emphasize in carrying out par. (1).
Subsec. (b). Pub. L. 101-239, 6103(e)(1)(C), substituted
''subsection (a) of this section and section 242k of this title'' for
''subsection (a) of this section''.
Subsec. (c)(1), (2). Pub. L. 101-239, 6103(e)(1)(D), substituted
''the Agency for Health Care Policy and Research'' for ''the National
Center for Health Services Research and Health Care Technology
Assessment''.
1984 -- Subsec. (a)(1). Pub. L. 98-551, 5(c)(1), (2), substituted
''the National Center for Health Services Research and Health Care
Technology Assessment and the National Center for Health Statistics''
for ''the National Center for Health Services Research, the National
Center for Health Statistics, and the National Center for Health Care
Technology''.
Subsec. (a)(3). Pub. L. 98-551, 5(c)(1), (3), substituted ''the
National Center for Health Services Research and Health Care Technology
Assessment or the National Center for Health Statistics'' for ''the
National Center for Health Services Research, the National Center for
Health Statistics, or the National Center for Health Care Technology''.
Subsec. (c)(1), (2). Pub. L. 98-551, 5(c)(1), (2), substituted
''the National Center for Health Services Research and Health Care
Technology Assessment and the National Center for Health Statistics''
for ''the National Center for Health Services Research, the National
Center for Health Statistics, and the National Center for Health Care
Technology''.
1981 -- Subsec. (a)(3). Pub. L. 97-35, 918(a), substituted ''may''
for ''shall'', ''or the'' for ''and the'', ''or using'' for ''and
using'', and ''or other'' for ''and other''.
Subsecs. (b)(1), (c)(1). Pub. L. 97-35, 918(d)(1), substituted
''Health and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (d)(1). Pub. L. 97-35, 918(b)(1), (2), substituted
provisions relating to advice and assistance of the National Academy of
Sciences, for provisions relating to joint authority of the National
Academy of Sciences, and struck out definition of ''Academy'' as meaning
the National Academy of Sciences.
Subsec. (d)(3). Pub. L. 97-35, 918(b)(3), (c), (d)(2), substituted
''every three years'' for ''every two years'', and ''Energy and'' for
''Interstate and Foreign'', and struck out references to the Academy.
1979 -- Subsec. (b)(1), (3). Pub. L. 96-32, 5(a), (b), amended
directory language of Pub. L. 95-623, 3(b), (d), and required no
change in text. See 1978 Amendment note below.
Subsec. (d). Pub. L. 96-32, 5(c), substituted ''(d)'' for ''(e)'' as
designation of subsection added by Pub. L. 95-623, 7, thereby
correcting the subsection designation.
1978 -- Subsec. (a)(1). Pub. L. 95-623, 3(a), substituted provision
for the Secretary acting through the National Center for Health Care
Technology for such action through other units of the Department of
Health, Education, and Welfare and ''conduct'' for ''undertake'',
included epidemiological activities, and declared as an objective the
improvement of the effectiveness, efficiency, and quality of Federal
health services.
Subsec. (a)(2). Pub. L. 95-623, 3(a), provided for emphasis to
demonstrations, evaluations, and epidemiological activities;
redesignated as subpar. (A) former subpar. (C); struck out
''technology'' and ''quality'' after ''organization,'' and
''utilization,'', respectively, and end clause ''including systems for
the delivery of preventive, personal, and mental health care'' and
former subpar. (A) activities respecting ''the determination of an
individual's health''; added subpars. (B) through (D); struck out
former subpar. (D) activities respecting ''individual and community
knowledge of individual health and the systems for the delivery of
health care''; added subpars. (E) through (I); and redesignated as
subpar. (J) former subpar. (B).
Subsec. (a)(3). Pub. L. 95-623, 3(a), added par. (3).
Subsec. (b)(1). Pub. L. 95-623, 3(b), as amended by Pub. L. 96-32,
5(a), substituted '', when appropriate, enter into contracts with
public and private entities and individuals'' for ''enter into contracts
with public and private entities and individuals, for (A) health
services research, evaluation, and demonstrations, and (B) health
services research and health statistics training, and (C) health
statistical activities''.
Subsec. (b)(3). Pub. L. 95-623, 3(d), as amended by Pub. L. 96-32,
5(b), substituted ''advisable but in accordance with section 3109 of
title 5'' for ''advisable'', struck out ''experts and'' before
''consultants'', and authorized the Secretary to obtain for the centers
the services of experts with appropriate scientific or professional
qualifications.
Subsec. (c). Pub. L. 95-623, 3(c), designated existing text as par.
(1), substituted ''evaluations, and demonstrations, all health
statistical and epidemiological activities, and all research,
evaluations, and demonstrations respecting the assessment of health care
technology'' for ''evaluation, demonstration, and health statistical
activities'' before ''undertaken and supported'', required coordination
of activities to also be carried out through the National Center for
Health Care Technology, and added par. (2).
Subsec. (d). Pub. L. 95-623, 7, as amended by Pub. L. 96-32, 5(c),
added subsec. (d).
1974 -- Pub. L. 93-353, in revising generally provisions of subsecs.
(a) to (c), provided for general authority respecting health statistics
and health services research, evaluation, and demonstrations, subsec.
(a) relating to scope of activities, subsec. (b) relating to additional
authority and scope of activities, and subsec. (c) relating to
coordination of activities through units of the Department. Former
provisions related to research and demonstrations relating to health
facilities and services, subsec. (a) relating to grants and contracts
for projects for research, experiments, or demonstrations and related
training, cost limitation, wage rates, labor standards, and other
conditions, and payments (former subsec. (a)(2) and (3) now being
covered by section 242m(h) and (e), respectively), subsec. (b) relating
to systems analysis of national health care plans, and cost and coverage
report on existing legislative proposals, and subsec. (c) relating to
authorization of appropriations.
1973 -- Subsec. (c)(1). Pub. L. 93-45 authorized appropriations of
$42,617,000 for fiscal year ending June 30, 1974.
1970 -- Subsec. (a)(1). Pub. L. 91-515, 201(a)(1), 203,
redesignated subsec. (a) as (a)(1), substituted ''(A)'' and ''(B)'' for
''(1)'' and ''(2)'', and ''(i) to (iii)'' for ''(A) to (C)'', and added
cls. (iv) and (v).
Subsec. (a)(2). Pub. L. 91-515, 201(a)(2), redesignated subsec. (b)
as (a)(2), and substituted ''subsection'' for ''section'' wherever
appearing.
Subsec. (a)(3). Pub. L. 91-515, 201(a)(3), 202, redesignated
subsec. (c) as (a)(3)(A), substituted ''subsection'' for ''section''
wherever appearing, and added subsec. (a)(3)(B).
Subsec. (b). Pub. L. 91-515, 201(a)(2)(A), (b), added subsec. (b).
Former subsec. (b) redesignated (a)(2).
Subsecs. (c), (d). Pub. L. 91-515, 201(a)(3)(A), (c), 202(1),
redesignated subsec. (d) as (c), and substituted provisions authorizing
appropriations for the fiscal years ending June 30, 1971, June 30, 1972,
and June 30, 1973, and authorizing to be appropriated such additional
sums for each fiscal year as may be necessary to carry out the
provisions of subsec. (b), for provisions authorizing appropriations of
$20,000,000 for the fiscal year ending June 30, 1968, $40,000,000 for
the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal
year ending June 30, 1970. Former subsec. (c) redesignated (a)(3)(A).
Pub. L. 91-296 struck out provisions authorizing use of appropriated
funds for evaluation of program authorized by this section. See section
229b of this title.
1967 -- Pub. L. 90-174 substituted provisions of subsecs. (a) to
(d) for research and demonstrations relating to health facilities
(incorporated from former section 291n of this title) for provisions of
former subsecs. (a) to (d) for mental health study including grants for
special projects, conditions thereof, and definition of
''organization'', authorization of appropriations, terms of grant,
availability of amounts otherwise appropriated and noninterference with
research and study programs of the National Institute of Mental Health,
and acceptance of additional financial support.
1956 -- Act Aug. 2, 1956, changed heading of section 304 of act July
1, 1944 from ''Grants for special projects in mental health'' to
''Mental health study grants''. Section heading has been changed for
purposes of codification.
Section 201(d) of Pub. L. 91-515 provided that: ''The amendments
made by subsection (c) of this section (amending this section) shall be
effective only with respect to fiscal years ending after June 30,
1970.''
Section 401(b)(1) of Pub. L. 91-296 provided that the amendment made
by that section is effective with respect to appropriations for fiscal
years beginning after June 30, 1970.
Amendment of section by act Aug. 2, 1956, effective July 1, 1956,
see section 503 of act Aug. 2, 1956.
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.
Pub. L. 95-83, title III, 314, Aug. 1, 1977, 91 Stat. 398,
required the Secretary of Health, Education, and Welfare, within two
years of Aug. 1, 1977, to establish model standards with respect to
preventive health services in communities and report such standards to
Congress.
Pub. L. 94-573, 15, Oct. 21, 1976, 90 Stat. 2719, provided that
notwithstanding any other provision of law, the Secretary of Health,
Education, and Welfare could vest title to equipment purchased with
funds under the seven contracts for emergency medical services
demonstration projects entered into in 1972 and 1973 under this section
(as in effect at the time the contracts were entered into), and by
contractors with the United States under such contracts or
subcontractors under such contracts, in such contractors or
subcontractors without further obligation to the Government or on such
terms as the Secretary considered appropriate.
Section 2 of Joint Res. July 28, 1955, provides a Congressional
statement of the critical need for an analysis and reevaluation of the
human and economic problems of mental illness and of the resources,
methods, and practices utilized in diagnosing, treating, caring for, and
rehabilitating the mentally ill, both within and outside of
institutions, as might lead to the development of recommendations for
such better utilization of those resources or such improvements on and
new developments in methods of diagnosis, treatment, care, and
rehabilitation as give promise of resulting in a marked reduction in the
incidence or duration of mental illness and, in consequence, a lessening
of the appalling emotional and financial drain on the families of those
afflicted or on the economic resources of the States and of the Nation
and a declaration of the policy to promote mental health and to help
solve the complex and the interrelated problems posed by mental illness
by encouraging the undertaking of nongovernmental, multidisciplinary
research into and reevaluation of all aspects of our resources, methods,
and practices for diagnosing, treating, caring for, and rehabilitating
the mentally ill, including research aimed at the prevention of mental
illness.
Conditions; Definitions; Appropriations; Terms of
Grant
Pub. L. 89-97, title II, 231, July 30, 1965, 79 Stat. 360, as
amended by Pub. L. 90-248, title III, 305, Jan. 2, 1968, 81 Stat.
929, authorized the Secretary of Health, Education, and Welfare upon the
recommendation of the National Advisory Mental Health Council and after
securing the advice of experts in pediatrics and child welfare, to make
grants to organizations on certain conditions for carrying out a program
of research into and study of resources, methods, and practices for
diagnosing or preventing emotional illness in children and of treating,
caring for, and rehabilitating children with emotional illnesses,
defined ''organization'', and authorized appropriations for the making
of such grants for fiscal years ending June 30, 1966, and June 30, 1967,
with such research and study to be completed not later than three years
from the date it was inaugurated.
/1/ See References in Text note below.
42 USC 242c. Repealed. Pub. L. 101-239, title VI, 6103(d)(1)(A), Dec.
19, 1989, 103 Stat. 2205
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 305, as added July
3, 1956, ch. 510, 3, 70 Stat. 490, and amended Oct. 30, 1970, Pub.
L. 91-515, title II, 210, 84 Stat. 1303; June 18, 1973, Pub. L.
93-45, title I, 103, 87 Stat. 91; July 23, 1974, Pub. L. 93-353,
title I, 104, 88 Stat. 363; Oct. 8, 1976, Pub. L. 94-460, title III,
301, 90 Stat. 1960; Nov. 9, 1978, Pub. L. 95-623, 4, 92 Stat.
3445; Aug. 13, 1981, Pub. L. 97-35, title IX, 919(a)(1), (2)(A), (3),
(b)(1), (c), (d), 95 Stat. 565, 566; Oct. 30, 1984, Pub. L. 98-551,
5(a), (b), 6, 98 Stat. 2817, 2819, 2820; Oct. 7, 1985, Pub. L.
99-117, 6, 99 Stat. 492; Nov. 14, 1986, Pub. L. 99-660, title III,
311(b)(2), 100 Stat. 3779; Dec. 1, 1987, Pub. L. 100-177, title I,
101, 102, 101 Stat. 987; Nov. 4, 1988, Pub. L. 100-607, title II,
204(1), 102 Stat. 3079; Nov. 18, 1988, Pub. L. 100-690, title II,
2620(b)(3), 102 Stat. 4244; Aug. 16, 1989, Pub. L. 101-93, 5(e)(3),
103 Stat. 612, related to National Center for Health Services Research
and Health Care Technology Assessment.
Section 6103(d)(1)(A) of Pub. L. 101-239 provided in part that the
National Center for Health Services Research and Health Care Technology
Assessment is terminated.
For provision transferring personnel of Department of Health and
Human Services employed on Dec. 19, 1989, in connection with functions
vested in Administrator for Health Care Policy and Research pursuant to
amendments made by section 6103 of Pub. L. 101-239, and assets,
liabilities, etc., of Department arising from or employed, held, used,
or available on that date, or to be made available after that date, in
connection with those functions, to Administrator for appropriate
allocation, and for provisions for continued effectiveness of actions,
orders, rules, official documents, etc., of Department that have been
issued, made, granted, or allowed to become effective in performance of
those functions, and that were effective on Dec. 19, 1989, see section
6103(f) of Pub. L. 101-239, set out as a note under section 299 of this
title.
42 USC 242d. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 306, as added Aug.
2, 1956, ch. 871, title I, 101, 70 Stat. 923, and amended July 23,
1959, Pub. L. 86-105, 1, 73 Stat. 239; Sept. 8, 1960, Pub. L.
88-497, 2, 78 Stat. 613; Aug. 16, 1968, Pub. L. 90-490, title III,
302(b), 82 Stat. 789; Mar. 12, 1970, Pub. L. 91-208, 3, 84 Stat.
52; Oct. 30, 1970, Pub. L. 91-515, title VI, 601(b)(2), 84 Stat.
1311; June 18, 1973, Pub. L. 93-45, title I, 104(a), 87 Stat. 91,
which related to graduate or specialized training for physicians,
engineers, nurses, and other professional personnel, was renumbered
section 312 of act July 1, 1944, by Pub. L. 93-353 and transferred to
section 244-1 of this title, and was subsequently repealed.
42 USC 242e. Repealed. Pub. L. 93-353, title I, 102(a), July 23,
1974, 88 Stat. 362
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 307, as added Aug.
2, 1956, ch. 871, title II, 201, 70 Stat. 924, and amended July 23,
1959, Pub. L. 86-105, 2, 73 Stat. 239; Oct. 30, 1970, Pub. L.
91-515, title VI, 601(b)(2), 84 Stat. 1311, provided for a
professional nurse traineeship program for which authorization of
appropriations were made through fiscal year ending June 30, 1964.
Provision for the continuation of the program was made by the Nurse
Training Act of 1964, which enacted section 297 et seq. of this title.
42 USC 242f to 242j. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 242f, act July 1, 1944, ch. 373, title III, 308, as added
July 12, 1960, Pub. L. 86-610, 3, 74 Stat. 364, which related to
international cooperation with respect to biomedical research and health
services research and statistical activities, was renumbered section 307
of act July 1, 1944, by Pub. L. 93-353 and transferred to section 242l
of this title.
Section 242g, act July 1, 1944, ch. 373, title III, 309, as added
Sept. 8, 1960, Pub. L. 86-720, 1(a), 74 Stat. 819, and amended Aug.
27, 1964, Pub. L. 88-497, 3, 78 Stat. 613; Nov. 3, 1966, Pub. L.
89-749, 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90-147, 2(g),
8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L. 90-490, title III,
302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L. 91-208, 1, 2, 84
Stat. 52; June 30, 1970, Pub. L. 91-296, title IV, 401(b)(1)(B), 84
Stat. 352; June 18, 1973, Pub. L. 93-45, title I, 104(b), (c), 87
Stat. 91, which related to graduate public health training grants, was
renumbered section 313 of act July 1, 1944, by Pub. L. 93-353 and
transferred to section 245a of this title, and was subsequently
repealed.
Section 242h, act July 1, 1944, ch. 373, title III, 310, as added
Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592, and amended Aug. 5,
1965, Pub. L. 89-109, 3, 79 Stat. 436; Oct. 15, 1968, Pub. L.
90-574, title II, 201, 82 Stat. 1006; Mar. 12, 1970, Pub. L. 91-209,
84 Stat. 52; June 18, 1973, Pub. L. 93-45, title I, 105, 87 Stat.
91, which related to health services for domestic agricultural migrants,
was renumbered section 319 of act July 1, 1944, by Pub. L. 93-353 and
transferred to section 247d of this title, and subsequently transferred
to section 254b of this title.
Section 242i, act July 1, 1944, ch. 373, title III, 310A, as added
Oct. 30, 1970, Pub. L. 91-515, title II, 270, 84 Stat. 1306, and
amended Nov. 18, 1971, Pub. L. 92-157, title II, 201, 85 Stat. 461,
which related to administration of grants in multigrant projects, was
renumbered section 226 of act July 1, 1944, by Pub. L. 93-353 and
transferred to section 235 of this title.
Section 242j, act July 1, 1944, ch. 373, title III, 310B, as added
Oct. 30, 1970, Pub. L. 91-515, title II, 280, 84 Stat. 1307, which
provided for and annual report by Secretary on activities related to
health facilities and services and expenditure of funds, was renumbered
section 227 of act July 1, 1944, by Pub. L. 93-353 and transferred to
section 236 of this title, and was subsequently repealed.
42 USC 242k. National Center for Health Statistics
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; appointment of Director; statistical and
epidemiological activities
There is established in the Department of Health and Human Services
the National Center for Health Statistics (hereinafter in this section
referred to as the ''Center'') which shall be under the direction of a
Director who shall be appointed by the Secretary. The Secretary, acting
through the Center, shall conduct and support statistical and
epidemiological activities for the purpose of improving the
effectiveness, efficiency, and quality of health services in the United
States.
(b) Duties
In carrying out subsection (a) of this section, the Secretary, acting
through the Center,
(1) shall collect statistics on --
(A) the extent and nature of illness and disability of the population
of the United States (or of any groupings of the people included in the
population), including life expectancy, the incidence of various acute
and chronic illnesses, and infant and maternal morbidity and mortality,
(B) the impact of illness and disability of the population on the
economy of the United States and on other aspects of the well-being of
its population (or of such groupings),
(C) environmental, social, and other health hazards,
(D) determinants of health,
(E) health resources, including physicians, dentists, nurses, and
other health professionals by specialty and type of practice and the
supply of services by hospitals, extended care facilities, home health
agencies, and other health institutions,
(F) utilization of health care, including utilization of (i)
ambulatory health services by specialties and types of practice of the
health professionals providing such services, and (ii) services of
hospitals, extended care facilities, home health agencies, and other
institutions,
(G) health care costs and financing, including the trends in health
care prices and cost, the sources of payments for health care services,
and Federal, State, and local governmental expenditures for health care
services, and
(H) family formation, growth, and dissolution;
(2) shall undertake and support (by grant or contract) research,
demonstrations, and evaluations respecting new or improved methods for
obtaining current data on the matters referred to in paragraph (1);
(3) may undertake and support (by grant or contract) epidemiological
research, demonstrations, and evaluations on the matters referred to in
paragraph (1); and
(4) may collect, furnish, tabulate, and analyze statistics, and
prepare studies, on matters referred to in paragraph (1) upon request of
public and nonprofit private entities under arrangements under which the
entities will pay the cost of the service provided.
Amounts appropriated to the Secretary from payments made under
arrangements made under paragraph (4) shall be available to the
Secretary for obligation until expended.
(c) Statistical and epidemiological compilations and surveys
The Center shall furnish such special statistical and epidemiological
compilations and surveys as the Committee on Labor and Human Resources
and the Committee on Appropriations of the Senate and the Committee on
Energy and Commerce and the Committee on Appropriations of the House of
Representatives may request. Such statistical and epidemiological
compilations and surveys shall not be made subject to the payment of the
actual or estimated cost of the preparation of such compilations and
surveys.
(d) Technical aid to States and localities
To insure comparability and reliability of health statistics, the
Secretary shall, through the Center, provide adequate technical
assistance to assist State and local jurisdictions in the development of
model laws dealing with issues of confidentiality and comparability of
data.
(e) Cooperative Health Statistics System
For the purpose of producing comparable and uniform health
information and statistics, there is established the Cooperative Health
Statistics System. The Secretary, acting through the Center, shall --
(1) coordinate the activities of Federal agencies involved in the
design and implementation of the System;
(2) undertake and support (by grant or contract) research,
development, demonstrations, and evaluations respecting the System;
(3) make grants to and enter into contracts with State and local
health agencies to assist them in meeting the costs of data collection
and other activities carried out under the System; and
(4) review the statistical activities of the Department of Health and
Human Services to assure that they are consistent with the System.
States participating in the System shall designate a State agency to
administer or be responsible for the administration of the statistical
activities within the State under the System. The Secretary, acting
through the Center, shall prescribe guidelines to assure that
statistical activities within States participating in the system /1/
produce uniform and timely data and assure appropriate access to such
data.
(f) Federal-State cooperation
To assist in carrying out this section, the Secretary, acting through
the Center, shall cooperate and consult with the Departments of Commerce
and Labor and any other interested Federal departments or agencies and
with State and local health departments and agencies. For such purpose
he shall utilize insofar as possible the services or facilities of any
agency of the Federal Government and, without regard to section 5 of
title 41, of any appropriate State or other public agency, and may,
without regard to such section, utilize the services or facilities of
any private agency, organization, group, or individual, in accordance
with written agreements between the head of such agency, organization,
or group and the Secretary or between such individual and the Secretary.
Payment, if any, for such services or facilities shall be made in such
amounts as may be provided in such agreement.
(g) Collection of health data; data collection forms
To secure uniformity in the registration and collection of mortality,
morbidity, and other health data, the Secretary shall prepare and
distribute suitable and necessary forms for the collection and
compilation of such data which shall be published as a part of the
health reports published by the Secretary.
(h) Registration area records
(1) There shall be an annual collection of data from the records of
births, deaths, marriages, and divorces in registration areas. The data
shall be obtained only from and restricted to such records of the States
and municipalities which the Secretary, in his discretion, determines
possess records affording satisfactory data in necessary detail and
form. The Secretary shall encourage States and registration areas to
obtain detailed data on ethnic and racial populations, including
subpopulations of Hispanics, Asian Americans, and Pacific Islanders with
significant representation in the State or registration area. Each
State or registration area shall be paid by the Secretary the Federal
share of its reasonable costs (as determined by the Secretary) for
collecting and transcribing (at the request of the Secretary and by
whatever method authorized by him) its records for such data.
(2) There shall be an annual collection of data from a statistically
valid sample concerning the general health, illness, and disability
status of the civilian noninstitutionalized population. Specific topics
to be addressed under this paragraph, on an annual or periodic basis,
shall include the incidence of illness and accidental injuries,
prevalence of chronic diseases and impairments, disability, physician
visits, hospitalizations, and the relationship between demographic and
socioeconomic characteristics and health characteristics.
(i) Technical assistance in effective use of statistics
The Center may provide to public and nonprofit private entities
engaged in health planning activities technical assistance in the
effective use in such activities of statistics collected or compiled by
the Center.
(j) Coordination of health statistical and epidemiological activities
In carrying out the requirements of section 242b(c) of this title and
paragraph (1) of subsection (e) of this section, the Secretary shall
coordinate health statistical and epidemiological activities of the
Department of Health and Human Services by --
(1) establishing standardized means for the collection of health
information and statistics under laws administered by the Secretary;
(2) developing, in consultation with the National Committee on Vital
and Health Statistics, and maintaining the minimum sets of data needed
on a continuing basis to fulfill the collection requirements of
subsection (b)(1) of this section;
(3) after consultation with the National Committee on Vital and
Health Statistics, establishing standards to assure the quality of
health statistical and epidemiological data collection, processing, and
analysis;
(4) in the case of proposed health data collections of the Department
which are required to be reviewed by the Director of the Office of
Management and Budget under section 3509 /2/ of title 44, reviewing such
proposed collections to determine whether they conform with the minimum
sets of data and the standards promulgated pursuant to paragraphs (2)
and (3), and if any such proposed collection is found not to be in
conformance, by taking such action as may be necessary to assure that it
will conform to such sets of data and standards, and
(5) periodically reviewing ongoing health data collections of the
Department, subject to review under such section 3509, to determine if
the collections are being conducted in accordance with the minimum sets
of data and the standards promulgated pursuant to paragraphs (2) and (3)
and, if any such collection is found not to be in conformance, by taking
such action as may be necessary to assure that the collection will
conform to such sets of data and standards not later than the ninetieth
day after the date of the completion of the review of the collection.
(k) National Committee on Vital and Health Statistics;
establishment; membership; term of office; extension; compensation;
functions; consultations of Secretary with Committee and professional
advisory groups
(1) There is established in the Office of the Secretary a committee
to be known as the National Committee on Vital and Health Statistics
(hereinafter in this subsection referred to as the ''Committee'') which
shall consist of 16 members.
(2)(A) The members of the Committee shall be appointed by the
Secretary from among persons who have distinguished themselves in the
fields of health statistics, health planning, epidemiology, and the
provision of health services. Except as provided in subparagraph (B),
members of the Committee shall be appointed for terms of 4 years.
(B)(i) In the case of membership terms on the Committee under this
subsection (as in effect prior to January 1, 1988) that expire in
calendar year 1988, the appointments to three such terms in such
calendar year shall be for a period of 4 years and the appointments to
two such terms in such calendar year shall be for a period of 3 years,
as designated by the Secretary.
(ii) In the case of membership terms on the Committee under this
subsection (as in effect prior to January 1, 1988) that expire in
calendar year 1989, one such term shall be extended for an additional
consecutive 1-year period, as designated by the Secretary.
(iii) In the case of membership terms on the Committee under this
subsection (as in effect prior to January 1, 1988) that expire in
calendar year 1990, two of such terms shall each be extended for an
additional consecutive 1-year period, as designated by the Secretary.
(3) Members of the Committee shall be compensated in accordance with
section 210(c) of this title.
(4) It shall be the function of the Committee to assist and advise
the Secretary --
(A) to delineate statistical problems bearing on health and health
services which are of national or international interest;
(B) to stimulate studies of such problems by other organizations and
agencies whenever possible or to make investigations of such problems
through subcommittees;
(C) to determine, approve, and revise the terms, definitions,
classifications, and guidelines for assessing health status and health
services, their distribution and costs, for use (i) within the
Department of Health and Human Services, (ii) by all programs
administered or funded by the Secretary, including the
Federal-State-local cooperative health statistics system referred to in
subsection (e) of this section, and (iii) to the extent possible as
determined by the head of the agency involved, by the Department of
Veterans Affairs, the Department of Defense, and other Federal agencies
concerned with health and health services;
(D) with respect to the design of and approval of health statistical
and health information systems concerned with the collection,
processing, and tabulation of health statistics within the Department of
Health and Human Services, with respect to the Cooperative Health
Statistics System established under subsection (e) of this section, and
with respect to the standardized means for the collection of health
information and statistics to be established by the Secretary under
subsection (j)(1) of this section;
(E) to review and comment on findings and proposals developed by
other organizations and agencies and to make recommendations for their
adoption or implementation by local, State, national, or international
agencies;
(F) to cooperate with national committees of other countries and with
the World Health Organization and other national agencies in the studies
of problems of mutual interest; and
(G) to issue an annual report on the state of the Nation's health,
its health services, their costs and distributions, and to make
proposals for improvement of the Nation's health statistics and health
information systems.
(5) In carrying out health statistical activities under this part,
the Secretary shall consult with, and seek the advice of, the Committee
and other appropriate professional advisory groups.
(l) Information on effects on health of environment and employment
conditions
(1) The Secretary, acting through the Center, shall develop a plan
for the collection and coordination of statistical and epidemiological
data on the effects of the environment on health. Such plan shall
include a review of the data now available on health effects,
deficiencies in such data, and methods by which existing data
deficiencies can be corrected. The Secretary shall submit such plan to
the Congress not later than January 1, 1980.
(2)(A) The Secretary, acting through the Center and in cooperation
with the Office of Federal Statistical Policy and Standards, shall
establish, not later than two years after November 9, 1978, guidelines
for the collection, compilation, analysis, publication, and distribution
of statistics and information necessary for determining the effects of
conditions of employment and indoor and outdoor environmental conditions
on the public health. Guidelines established under this subparagraph
shall not (i) authorize or require the disclosure of any matter
described in section 552(b)(6) of title 5, and (ii) authorize or require
the disclosure of any statistics or other information which is exempt
from disclosure pursuant to subsection (a) of section 552 of title 5, by
reason of subsection (b)(4) of such section. The guidelines shall be
reviewed and, if appropriate, revised at least every three years after
the date they are initially established. Guidelines shall take effect
on the date of the promulgation of the regulation establishing or
revising the guidelines or such later date as may be specified in the
guidelines.
(B) The guidelines shall be designed --
(i) to improve coordination of environmental and health studies,
statistics, and information, and to prevent overlap and unnecessary
duplication with respect to such studies, statistics, and information;
(ii) to assure that such studies, statistics, and information will be
available to executive departments responsible for the administration of
laws relating to the protection of the public health and safety or the
environment;
(iii) to encourage the more effective use by executive departments of
such studies, statistics, and information;
(iv) to improve the statistical validity and reliability of such
studies, statistics, and information; and
(v) to assure greater responsiveness by the Department of Health and
Human Services and other executive departments in meeting informational
and analytical needs for determining the effects of employment and
indoor and outdoor environmental conditions on public health.
(C) In establishing and revising guidelines under subparagraph (A),
the Secretary shall take into consideration the plan developed pursuant
to paragraph (1).
(D)(i) Each executive department shall comply with the substantive
and procedural requirements of the guidelines.
(ii) The President shall by Executive order require each executive
department to comply with requests, made in accordance with the
guidelines, by the Secretary, the Administrator of the Environmental
Protection Agency, the Consumer Product Safety Commission, or the
Secretary of Labor for statistics and information.
(iii) The President may by Executive order exempt any executive
department from compliance with a requirement of the guidelines
respecting specific statistics or other information if the President
determines that the exemption is necessary in the interest of national
security.
(E) In carrying out his duties under this paragraph, the Secretary,
acting through the Center, shall, insofar as practicable, provide for
coordination of his activities with those of other Federal agencies and
interagency task forces relating to the collection, analysis,
publication, or distribution of statistics and information necessary for
determining the effects of conditions of employment and indoor and
outdoor environmental conditions on the public health.
(F) For purposes of this paragraph, the term ''guidelines'' means the
guidelines, either as initially established or as revised, in effect
under this paragraph.
(3) Omitted
(4) In carrying out paragraphs (1), (2), and (3), the Secretary shall
consult with and take into consideration any recommendations of the Task
Force on Environmental Cancer and Heart and Lung Disease, the
Administrator of the Environmental Protection Agency, the Secretary of
Labor, the Consumer Product Safety Commission, the Council on
Environmental Quality, the National Committee on Vital and Health
Statistics, and the National Academy of Sciences (including the
Institute of Medicine and any other unit of the Academy).
(m) Data specific to particular ethnic and racial populations
In carrying out this section, the Secretary, acting through the
Center, shall collect and analyze adequate health data that is specific
to particular ethnic and racial populations, including data collected
under national health surveys. Activities carried out under this
subsection shall be in addition to any activities carried out under
subsection (n) of this section.
(n) Grants for assembly and analysis of data on ethnic and racial
populations
(1) The Secretary, acting through the Center, may make grants to
public and nonprofit private entities for --
(A) the conduct of special surveys or studies on the health of ethnic
and racial populations or subpopulations;
(B) analysis of data on ethnic and racial populations and
subpopulations; and
(C) research on improving methods for developing statistics on ethnic
and racial populations and subpopulations.
(2) The Secretary, acting through the Center, may provide technical
assistance, standards, and methodologies to grantees supported by this
subsection in order to maximize the data quality and comparability with
other studies.
(3) Provisions of section 242m(d) of this title do not apply to
surveys or studies conducted by grantees under this subsection unless
the Secretary, in accordance with regulations the Secretary may issue,
determines that such provisions are necessary for the conduct of the
survey or study and receives adequate assurance that the grantee will
enforce such provisions.
(o) Authorization of appropriations
(1) For health statistical and epidemiological activities undertaken
or supported under subsections (a) through (m) of this section, there
are authorized to be appropriated such sums as may be necessary for each
of the fiscal years 1991 through 1993.
(2) For activities authorized in subsection (n) of this section,
there are authorized to be appropriated $5,000,000 for fiscal year 1991,
$7,500,000 for fiscal year 1992, and $10,000,000 for fiscal year 1993.
Of such amounts, the Secretary shall use not more than 10 percent for
administration and for activities described in subsection (n)(2) of this
section.
(July 1, 1944, ch. 373, title III, 306, as added July 23, 1974, Pub.
L. 93-353, title I, 105, 88 Stat. 365, and amended S. Res. 4, Feb. 4,
1977; Nov. 9, 1978, Pub. L. 95-623, 5, 8(a), 92 Stat. 3445, 3453; S.
Res. 30, Mar. 7, 1979; Aug. 13, 1981, Pub. L. 97-35, title IX, 920, 95
Stat. 566; Jan. 4, 1983, Pub. L. 97-414, 8(b), 96 Stat. 2060; Dec.
1, 1987, Pub. L. 100-177, title I, 104, 105(a), 101 Stat. 988; Dec.
19, 1989, Pub. L. 101-239, title VI, 6103(e)(2), 103 Stat. 2206; Nov.
6, 1990, Pub. L. 101-527, 7(a), (b)(1), (c), 104 Stat. 2327, 2328;
June 13, 1991, Pub. L. 102-54, 13(q)(1)(A)(i), 105 Stat. 278.)
Section 3509 of title 44, referred to in subsec. (j)(4), (5), was a
part of chapter 35 of title 44 which was revised and amended generally
by Pub. L. 96-511, 2(a), Dec. 11, 1980, 94 Stat. 2412. Provisions
formerly contained in section 3509 are covered by section 3507 of Title
44, Public Printing and Documents.
Subsec. (l)(3) provided that the Secretary, acting through the
Center, and in consultation with public and private entities, conduct a
study of establishing a Federal system to assist, without invading
personal privacy, Federal, State, and other entities in locating
individuals who may have been exposed to hazardous substances to
determine the effect on their health and to assist them in obtaining
medical care and, not later than one year after Nov. 9, 1978, complete
the study and report to the Congress the results with recommendations.
Provisions similar to those comprising subsec. (g) of this section
were contained in section 313 of act July 1, 1944, ch. 373, title III,
58 Stat. 693, as amended Oct. 30, 1970, Pub. L. 91-516, title II,
282, 84 Stat. 1308 (formerly classified to section 245 of this title)
prior to repeal by Pub. L. 93-353, title I, 102(a), July 23, 1974, 88
Stat. 362.
Provisions similar to those comprising subsec. (h) of this section
were contained in section 312a of act July 1, 1944, ch. 373, title III,
as added Aug. 31, 1954, ch. 1158, 2, 68 Stat. 1025 (formerly
classified to section 244a of this title) prior to repeal by Pub. L.
93-353, title I, 102(a), July 23, 1974, 88 Stat. 362.
1991 -- Subsec. (k)(4)(C). Pub. L. 102-54 substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration''.
1990 -- Subsec. (h). Pub. L. 101-527, 7(a), designated existing
text as par. (1), inserted after second sentence ''The Secretary shall
encourage States and registration areas to obtain detailed data on
ethnic and racial populations, including subpopulations of Hispanics,
Asian Americans, and Pacific Islanders with significant representation
in the State or registration area.'', and added par. (2).
Subsecs. (m) to (o). Pub. L. 101-527, 7(b)(1), (c), added subsecs.
(m) and (n) and redesignated former subsec. (m) as (o) and amended it
generally. Prior to amendment, subsec. (o) read as follows: ''For
health statistical and epidemiological activities undertaken or
supported under this section, there are authorized to be appropriated
$55,000,000 for fiscal year 1988 and such sums as may be necessary for
each of the fiscal years 1989 and 1990.''
1989 -- Subsec. (a). Pub. L. 101-239, 6103(e)(2)(A), inserted at
end ''The Secretary, acting through the Center, shall conduct and
support statistical and epidemiological activities for the purpose of
improving the effectiveness, efficiency, and quality of health services
in the United States.''
Subsec. (b). Pub. L. 101-239, 6103(e)(2)(B), substituted
''subsection (a) of this section'' for ''section 242b(a) of this
title''.
Subsec. (m). Pub. L. 101-239, 6103(e)(2)(C), added subsec. (m).
1987 -- Subsec. (a). Pub. L. 100-177, 104, struck out ''and
supervised by the Assistant Secretary for Health (or such other officer
of the Department as may be designated by the Secretary as the principal
adviser to him for health programs)''.
Subsec. (k)(1). Pub. L. 100-177, 105(a)(1), substituted ''16
members'' for ''fifteen members''.
Subsec. (k)(2)(A). Pub. L. 100-177, 105(a)(2), substituted ''terms
of 4 years'' for ''terms of three years''.
Subsec. (k)(2)(B). Pub. L. 100-177, 105(a)(3), added subpar. (B)
and struck out former subpar. (B) which read as follows: ''Of the
members first appointed --
''(i) five shall be appointed for terms of one year,
''(ii) five shall be appointed for terms of two years, and
''(iii) five shall be appointed for terms of three years,
as designated by the Secretary at the time of appointment. Any
member appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be appointed only
for the remainder of such term. A member may serve after the expiration
of his term until his successor has taken office.''
1983 -- Subsec. (l)(2)(D). Pub. L. 97-414 redesignated subpar. (E)
as (D) and struck out former subpar. (D) which provided that the Center
would serve as a clearinghouse for statistics and information with
respect to which guidelines had been established under subpar. (A).
Subsec. (l)(2)(E) to (G). Pub. L. 97-414 redesignated subpars. (F)
and (G) as (E) and (F), respectively. Former subpar. (E) redesignated
(D).
1981 -- Subsec. (a). Pub. L. 97-35, 920(d)(1), substituted ''Health
and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (c). Pub. L. 97-35, 920(d)(2), substituted ''Energy and''
for ''Interstate and Foreign''.
Subsec. (e). Pub. L. 97-35, 920(a), (d)(1), in par. (3) inserted
applicability to other activities, and in par. (4) substituted ''Health
and Human Services'' for ''Health, Education, and Welfare''.
Subsecs. (j), (k)(4)(C), (D). Pub. L. 97-35, 920(d)(1), substituted
''Health and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (l)(2). Pub. L. 97-35, 920(b), (c), (d)(1), in subpar. (A)
inserted reference to Office of Federal Statistical Policy and
Standards, in subpar. (B)(v) substituted ''Health and Human Services''
for ''Health, Education, and Welfare'', and in subpar. (D) struck out
provisions relating to assistance to executive departments.
1978 -- Subsec. (b). Pub. L. 95-623, 5(a), struck out ''may'' after
''through the Center,'', substituted in pars. (1) and (2) ''shall
collect'' and ''shall undertake'' for ''collect'' and ''undertake'',
respectively, and added pars. (3) and (4) and provision for
availability of certain appropriated funds from par. (4) payments until
expended.
Subsec. (c). Pub. L. 95-623, 5(b), substituted ''statistical and
epidemiological compilations'' for ''statistical compilations'' in two
places and ''Committee on Human Resources'' for ''Committee on Labor and
Public Welfare'' of the Senate.
Subsec. (e). Pub. L. 95-623, 5(c)(1), incorporated in introductory
text prior cl. (1) provision requiring the Secretary to assist State
and local health agencies and Federal agencies involved in health
matters in the design and implementation of a cooperative system for
producing comparable and uniform health information and statistics at
the Federal, State, and local levels; enacted in pars. (1) and (2)
provisions almost identical to prior cls. (2) and (3); enacted par.
(3); struck out former cl. (4) provision for the Federal share of the
data collection costs under the system; enacted in par. (4) provisions
almost identical to former cl. (5); and required State designation of
a State administrative agency to be responsible for the statistical
activities within the State under the System and Federal guidelines for
production of uniform and timely data and appropriate access to the
data.
Subsec. (f). Pub. L. 95-623, 5(d), substituted ''the Secretary,
acting through the Center, shall cooperate and consult'' for ''the
Secretary shall cooperate and consult''.
Subsecs. (i), (j). Pub. L. 95-623, 5(f), added subsecs. (i) and
(j). Former subsec. (i) redesignated (k).
Subsec. (k). Pub. L. 95-623, 5(c)(2), (e), (f), struck from par.
(1) ''United States'' before ''National Committee on Vital and Health
Statistics''; authorized in par. (2)(A) the appointment of Committee
members from distinguished persons in field of health planning;
required the Committee to assist and advise the Secretary with respect
to the Cooperative Health Statistics System and the standardized means
for the collection of health information and statistics to be
established by the Secretary; and redesignated such amended subsec.
(i) as (k).
Subsec. (l). Pub. L. 95-623, 8(a), added subsec. (l).
Committee on Human Resources of the Senate changed to Committee on
Labor and Human Resources effective Mar. 7, 1979, by Senate Resolution
30, 96th Congress. See, also, Rule XXV of Standing Rules of the Senate
adopted Nov. 14, 1979.
Committee on Labor and Public Welfare of the Senate abolished and
replaced by Committee on Human Resources of the Senate, effective Feb.
11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by
Senate Resolution 4 (popularly cited as the ''Committee System
Reorganization Amendments of 1977''), approved Feb. 4, 1977.
Section 12 of Pub. L. 101-527 provided that: ''This Act and the
amendments made by this Act (enacting sections 254c-1, 254t, 256a,
294bb, 294cc, and 300u-6 of this title, amending this section and
sections 242m, 254b, 254c, 294m, 294o, and 295g-2 of this title,
enacting provisions set out as notes under sections 201 and 300u-6 of
this title, and repealing provisions set out as a note under section
292h of this title) shall take effect October 1, 1990, or upon the date
of the enactment of this Act (Nov. 6, 1990), whichever occurs later.''
Section 105(b) of Pub. L. 100-177 provided that: ''The amendments
made by this section (amending this section) shall become effective on
January 1, 1988.''
/1/ So in original. Probably should be capitalized.
/2/ See References in Text note below.
42 USC 242l. International cooperation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Cooperative endeavors; statement of purpose
For the purpose of advancing the status of the health sciences in the
United States (and thereby the health of the American people), the
Secretary may participate with other countries in cooperative endeavors
in biomedical research, health care technology, and the health services
research and statistical activities authorized by section 242k of this
title and by subchapter VII of this chapter.
(b) Authority of Secretary; building construction prohibition
In connection with the cooperative endeavors authorized by subsection
(a) of this section, the Secretary may --
(1) make such use of resources offered by participating foreign
countries as he may find necessary and appropriate;
(2) establish and maintain fellowships in the United States and in
participating foreign countries;
(3) make grants to public institutions or agencies and to nonprofit
private institutions or agencies in the United States and in
participating foreign countries for the purpose of establishing and
maintaining the fellowships authorized by paragraph (2);
(4) make grants or loans of equipment and materials, for use by
public or nonprofit institutions or agencies, or by individuals, in
participating foreign countries;
(5) participate and otherwise cooperate in any international
meetings, conferences, or other activities concerned with biomedical
research, health services research, health statistics, or health care
technology;
(6) facilitate the interchange between the United States and
participating foreign countries, and among participating foreign
countries, of research scientists and experts who are engaged in
experiments or programs of biomedical research, health services
research, health statistical activities, or health care technology
activities, and in carrying out such purpose may pay per diem
compensation, subsistence, and travel for such scientists and experts
when away from their places of residence at rates not to exceed those
provided in section 5703(b) /1/ of title 5 for persons in the Government
service employed intermittently; and
(7) procure, in accordance with section 3109 of title 5, the
temporary or intermittent services of experts or consultants.
The Secretary may not, in the exercise of his authority under this
section, provide financial assistance for the construction of any
facility in any foreign country.
(July 1, 1944, ch. 373, title III, 307, formerly 308, as added July
12, 1960, Pub. L. 86-610, 3, 74 Stat. 364, renumbered 307 and amended
July 23, 1974, Pub. L. 93-353, title I, 106, 88 Stat. 367; Aug. 13,
1981, Pub. L. 97-35, title IX, 921, 95 Stat. 566; Dec. 19, 1989, Pub.
L. 101-239, title VI, 6103(e)(3), 103 Stat. 2206.)
Section 5703 of title 5, referred to in subsec. (b)(6), was amended
generally by Pub. L. 94-22, 4, May 19, 1975, 89 Stat. 85, and, as so
amended, does not contain a subsec. (b).
Section was formerly classified to section 242f of this title.
A prior section 307 of act July 1, 1944, which was classified to
section 242e of this title, was repealed by Pub. L. 93-353, title I,
102(a), July 23, 1974, 88 Stat. 362.
1989 -- Subsec. (a). Pub. L. 101-239 substituted ''section 242k of
this title and by subchapter VII of this chapter'' for ''sections 242b,
242c, 242k, and 242n of this title''.
1981 -- Subsec. (a). Pub. L. 97-35, 921(a), inserted reference to
health care technology and section 242n of this title.
Subsec. (b). Pub. L. 97-35, 921(b), in par. (5) inserted reference
to health care technology, and in par. (6) inserted reference to health
care technology activities.
1974 -- Pub. L. 93-353 amended section generally.
Pub. L. 95-83, title III, 315, Aug. 1, 1977, 91 Stat. 398,
provided that the Secretary of Health, Education, and Welfare arrange
through the National Academy of Sciences or other nonprofit private
groups or associations, for a study to determine opportunities for
broadened Federal program activities in areas of international health,
which study was to consider biomedical and behavioral research, health
services research, health professions education, immunization and public
health activities, and other areas that might improve our and other
nations' capacities to prevent, diagnose, control, or cure disease, and
to organize and deliver effective and efficient health services, with an
interim report on such study completed no later than Oct. 1, 1977 and a
final report completed no later than Jan. 1, 1978 and both reports
submitted to the Secretary, the Committee on Human Resources, of the
Senate, and the Committee on Interstate and Foreign Commerce of the
House of Representatives.
/1/ See References in Text note below.
42 USC 242m. General provisions respecting effectiveness, efficiency,
and quality of health services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Reports to Congress and President; preparation; review by
Office of Management and Budget
(1) Not later than March 15 of each year, the Secretary shall submit
to the President and Congress the following reports:
(A) A report on --
(i) the administration of sections 242b, 242k, and 242l of this title
and subchapter VII of this chapter during the preceding fiscal year;
and
(ii) the current state and progress of health services research,
health statistics, and health care technology.
(B) A report on health care costs and financing. Such report shall
include a description and analysis of the statistics collected under
section 242k(b)(1)(G) of this title.
(C) A report on health resources. Such report shall include a
description and analysis, by geographical area, of the statistics
collected under section 242k(b)(1)(E) of this title.
(D) A report on the utilization of health resources. Such report
shall include a description and analysis, by age, sex, income, and
geographic area, of the statistics collected under section 242k(b)(1)(F)
of this title.
(E) A report on the health of the Nation's people. Such report shall
include a description and analysis, by age, sex, income, and geographic
area, of the statistics collected under section 242k(b)(1)(A) of this
title.
(2) The reports required by subparagraphs (B) through (E) of
paragraph (2) /1/ shall be prepared through the Agency for Health Care
Policy and Research and the National Center for Health Statistics.
(3) The Office of Management and Budget may review any report
required by paragraph (1) of this subsection before its submission to
Congress, but the Office may not revise any such report or delay its
submission beyond the date prescribed for its submission, and may submit
to Congress its comments respecting any such report.
(b) Grants or contracts; applications, submittal; application peer
review group, findings and recommendations; necessity of favorable
recommendation; appointments
(1) No grant or contract may be made under section 242b, 242k, or
242l of this title unless an application therefor has been submitted to
the Secretary in such form and manner, and containing such information,
as the Secretary may by regulation prescribe and unless a peer review
group referred to in paragraph (2) has recommended the application for
approval.
(2)(A) Each application submitted for a grant or contract under
section 242k of this title in an amount exceeding $50,000 of direct
costs and for a health services research, evaluation, or demonstration
project, or for a grant under section 242k(n) of this title, shall be
submitted to a peer review group for an evaluation of the technical and
scientific merits of the proposals made in each such application. The
Director of the National Center for Health Statistics shall establish
such peer review groups as may be necessary to provide for such an
evaluation of each such application.
(B) A peer review group to which an application is submitted pursuant
to subparagraph (A) shall report its finding and recommendations
respecting the application to the Secretary, acting through the Director
of the National Center for Health Statistics, in such form and manner as
the Secretary shall by regulation prescribe. The Secretary may not
approve an application described in such subparagraph unless a peer
review group has recommended the application for approval.
(C) The Secretary, acting through the Director of the National Center
for Health Statistics, shall make appointments to the peer review groups
required in subparagraph (A) from among persons who are not officers or
employees of the United States and who possess appropriate technical and
scientific qualifications, except that peer review groups regarding
grants under section 242k(n) of this title may include appropriately
qualified such officers and employees.
(c) Fiscal year number and fund limitation of grants and contracts
The aggregate number of grants and contracts made or entered into
under sections 242b and 242c /2/ of this title for any fiscal year
respecting a particular means of delivery of health services or another
particular aspect of health services may not exceed twenty; and the
aggregate amount of funds obligated under grants and contracts under
such sections for any fiscal year respecting a particular means of
delivery of health services or another particular aspect of health
services may not exceed $5,000,000.
(d) Information; publication restrictions
No information, if an establishment or person supplying the
information or described in it is identifiable, obtained in the course
of activities undertaken or supported under section 242b, 242k, or 242l
of this title may be used for any purpose other than the purpose for
which it was supplied unless such establishment or person has consented
(as determined under regulations of the Secretary) to its use for such
other purpose; and in the case of information obtained in the course of
health statistical or epidemiological activities under section 242b or
242k of this title, such information may not be published or released in
other form if the particular establishment or person supplying the
information or described in it is identifiable unless such establishment
or person has consented (as determined under regulations of the
Secretary) to its publication or release in other form.
(e) Payment procedures; advances or reimbursement; installments;
conditions; reductions
(1) Payments of any grant or under any contract under section 242b,
242k, or 242l of this title may be made in advance or by way of
reimbursement, and in such installments and on such conditions, as the
Secretary deems necessary to carry out the purposes of such section.
(2) The amounts otherwise payable to any person under a grant or
contract made under section 242b, 242k, or 242l of this title shall be
reduced by --
(A) amounts equal to the fair market value of any equipment or
supplies furnished to such person by the Secretary for the purpose of
carrying out the project with respect to which such grant or contract is
made, and
(B) amounts equal to the pay, allowances, traveling expenses, and
related personnel expenses attributable to the performance of services
by an officer or employee of the Government in connection with such
project, if such officer or employee was assigned or detailed by the
Secretary to perform such services,
but only if such person requested the Secretary to furnish such
equipment or supplies, or such services, as the case may be.
(f) Contracts without regard to section 3324(a) and (b) of title 31
and section 5 of title 41
Contracts may be entered into under section 242b or 242k of this
title without regard to section 3324(a) and (b) of title 31 and section
5 of title 41.
(g) Research results; publication; indexing, abstracting, and other
services; prohibition against restriction of publication and
dissemination of national center project data and results; statistical
publications
(1) The Secretary shall --
(A) publish, make available and disseminate, promptly in
understandable form and on as broad a basis as practicable, the results
of health services research, demonstrations, and evaluations undertaken
and supported under sections 242b and 242c /2/ of this title;
(B) make available to the public data developed in such research,
demonstrations, and evaluations; and
(C) provide indexing, abstracting, translating, publishing, and other
services leading to a more effective and timely dissemination of
information on health services research, demonstrations, and evaluations
in health care delivery to public and private entities and individuals
engaged in the improvement of health care delivery and the general
public; and undertake programs to develop new or improved methods for
making such information available.
(2) The Secretary shall (A) take such action as may be necessary to
assure that statistics developed under sections 242b and 242k of this
title are of high quality, timely, comprehensive as well as specific,
standardized, and adequately analyzed and indexed, and (B) publish, make
available, and disseminate such statistics on as wide a basis as is
practicable.
(h) Project facility or equipment cost limitation of grants and
contracts; labor standards; regulations
(1) Except where the Secretary determines that unusual circumstances
make a larger percentage necessary in order to effectuate the purposes
of section 242k of this title, a grant or contract under any of such
sections /3/ of this title with respect to any project for construction
of a facility or for acquisition of equipment may not provide for
payment of more than 50 per centum of so much of the cost of the
facility or equipment as the Secretary determines is reasonably
attributable to research, evaluation, or demonstration purposes.
(2) Laborers and mechanics employed by contractors and subcontractors
in the construction of such a facility shall be paid wages at rates not
less than those prevailing on similar work in the locality, as
determined by the Secretary of Labor in accordance with the Act of March
3, 1931 (40 U.S.C. 267a -- 267a-5, known as the Davis-Bacon Act) (40
U.S.C. 276a -- 276a-5); and the Secretary of Labor shall have with
respect to any labor standards specified in this paragraph the authority
and functions set forth in Reorganization Plan Numbered 14 of 1950 (5
U.S.C. Appendix) and section 276c of title 40.
(3) Such grants and contracts shall be subject to such additional
requirements as the Secretary may by regulation prescribe.
(July 1, 1944, ch. 373, title III, 308, as added July 23, 1974, Pub.
L. 93-353, title I, 107(a), 88 Stat. 368, and amended Apr. 21, 1976,
Pub. L. 94-273, 7(2), 90 Stat. 378; Aug. 1, 1977, Pub. L. 95-83,
title I, 104, 91 Stat. 384; Nov. 9, 1978, Pub. L. 95-623, 2, 6(d),
8(b), 92 Stat. 3443, 3451, 3455; Aug. 13, 1981, Pub. L. 97-35, title
IX, 917(a), (b), 919(a)(2)(B), 922, 95 Stat. 564, 565, 567; Jan. 4,
1983, Pub. L. 97-414, 8(c), 96 Stat. 2060; Oct. 30, 1984, Pub. L.
98-551, 7, 98 Stat. 2820; Dec. 1, 1987, Pub. L. 100-177, title I,
106(a), 107, 108, 101 Stat. 988-990; Nov. 18, 1988, Pub. L. 100-690,
title II, 2612, 102 Stat. 4235; Dec. 19, 1989, Pub. L. 101-239, title
VI, 6103(e)(4), 103 Stat. 2206; Nov. 6, 1990, Pub. L. 101-527,
7(b)(2), (d), 104 Stat. 2328.)
Section 242c of this title, referred to in subsecs. (c) and
(g)(1)(A), was repealed by Pub. L. 101-239, title VI, 6103(d)(1)(A),
Dec. 19, 1989, 103 Stat. 2205.
Act of March 3, 1931 (40 U.S.C. 267a -- 267a-5, known as the
Davis-Bacon Act), referred to in subsec. (h)(2), is act Mar. 3, 1931,
ch. 411, 46 Stat. 1494, as amended, which is classified generally to
sections 276a to 276a-5 of Title 40, Public Buildings, Property, and
Works. For complete classification of this Act to the Code, see Short
Title note set out under section 276a of Title 40 and Tables.
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. Appendix), referred
to in subsec. (h)(2), is Reorg. Plan No. 14 of 1950, eff. May 24,
1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to
Title 5, Government Organization and Employees.
In subsec. (f), ''section 3324(a) and (b) of title 31'' substituted
for reference to section 3648 of the Revised Statutes (31 U.S.C. 529) on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
Provisions similar to those comprising subsec. (e) of this section
were contained in subsec. (a)(3) of section 304 of act July 1, 1944,
ch. 373, title III, as added July 28, 1955, ch. 417, 3, 69 Stat.
382, and thereafter amended (formerly classified to section 242b(a)(3)
of this title) prior to general amendment of section 304 by Pub. L.
93-353, title I, 103, July 23, 1974, 88 Stat. 362.
Provisions similar to those comprising subsec. (h)(1) of this
section were contained in subsec. (a)(2) of section 304 of act July 1,
1944, ch. 373, title III, as added July 28, 1955, ch. 417, 3, 69
Stat. 382, and thereafter amended (formerly classified to section
242b(a)(2) of this title) prior to general amendment of section 304 by
Pub. L. 93-353, title I, 103, July 23, 1974, 88 Stat. 362.
1990 -- Subsec. (b)(2)(A). Pub. L. 101-527, 7(b)(2)(A), inserted
''or for a grant under section 242k(n) of this title,'' after
''demonstration project,''.
Subsec. (b)(2)(C). Pub. L. 101-527, 7(b)(2)(B), inserted before
period at end '', except that peer review groups regarding grants under
section 242k(n) of this title may include appropriately qualified such
officers and employees''.
Subsec. (b)(3). Pub. L. 101-527, 7(d), struck out par. (3) which
related to applications submitted under section 242k of this title for
which a grant or contract may be made under another provision of this
chapter.
1989 -- Pub. L. 101-239, 6103(e)(4)(A), amended section catchline.
Subsec. (a)(1)(A)(i). Pub. L. 101-239, 6103(e)(4)(B)(i), substituted
''sections 242b, 242k, and 242l of this title and subchapter VII of this
chapter'' for ''sections 242b, 242c, 242k, and 242l of this title and
section 242n of this title''.
Subsec. (a)(2). Pub. L. 101-239, 6103(e)(4)(B)(ii), substituted
''the Agency for Health Care Policy and Research'' for ''the National
Center for Health Services Research and Health Care Technology
Assessment''.
Subsec. (b)(1). Pub. L. 101-239, 6103(e)(4)(C)(i), which directed
amendment of par. (1) by substituting ''section 242b, 242k, or 242l of
this title'' for ''sections 242b, 242c, 242k, 242l, and 242n of this
title'', was executed by making the substitution for ''section 242b,
242c, 242k, 242l, or 242n of this title'' as the probable intent of
Congress.
Subsec. (b)(2)(A). Pub. L. 101-239, 6103(e)(4)(C)(ii), substituted
''under section 242k of this title'' for ''under section 242b or 242c of
this title,'' in first sentence, struck out second sentence which read
as follows: ''Each application for a grant, contract, or cooperative
agreement in an amount exceeding $50,000 of direct costs for the
dissemination of research findings or the development of research
agendas (including conferences, workshops, and meetings) shall be
submitted to a standing peer review group with persons with appropriate
expertise and shall not be submitted to any peer review group
established to review applications for research, evaluation, or
demonstration projects.'', and amended last sentence generally. Prior
to amendment, last sentence read as follows: ''The Secretary, acting
through the Director of the National Center for Health Services Research
and Health Care Technology Assessment (or, as appropriate, through the
Director of the National Center for Health Statistics), shall establish
such peer review groups as may be necessary to provide for such an
evaluation of an application described in the first two sentences of
this subparagraph.''
Subsec. (b)(2)(B). Pub. L. 101-239, 6103(e)(4)(C)(iii), substituted
''the Director of the National Center for Health Statistics'' for ''the
Director involved''.
Subsec. (b)(2)(C). Pub. L. 101-239, 6103(e)(4)(C)(iv), substituted
''the Director of the National Center for Health Statistics'' for ''the
Directors''.
Subsec. (b)(3). Pub. L. 101-239, 6103(e)(4)(C)(v), substituted
''submitted under section 242k of this title'' for ''submitted under
section 242b, 242c, or 242k of this title'' and ''approved under any of
such sections'' for ''approved under section 242b, 242c, or 242k of this
title''.
Subsec. (d). Pub. L. 101-239, 6103(e)(4)(D), substituted ''section
242b, 242k, or 242l of this title'' for ''section 242b, 242c, 242k,
242l, or 242n of this title'', struck out ''(1)'' after ''for such other
purpose; and'', and substituted ''publication or release in other
form.'' for ''publication or release in other form, and (2) in the case
of information obtained in the course of health services research,
evaluations, or demonstrations under section 242b or 242c of this title
or in the course of health care technology activities under section 242n
of this title, such information may not be published or released in
other form if the person who supplied the information or who is
described in it is identifiable unless such person has consented (as
determined under regulations of the Secretary) to its publication or
release in other form.''
Subsec. (e)(1), (2). Pub. L. 101-239, 6103(e)(4)(E), substituted
''section 242b, 242k, or 242l of this title'' for ''section 242b, 242c,
242k, 242l, or 242n of this title''.
Subsec. (f). Pub. L. 101-239, 6103(e)(4)(F), substituted ''section
242b or 242k of this title'' for ''section 242b, 242c, 242k, or 242n of
this title''.
Subsec. (g)(1). Pub. L. 101-239, 6103(e)(4)(G)(i), struck out at end
''Except as provided in subsection (d) of this section, the Secretary
may not restrict the publication and dissemination of data from, and
results of projects undertaken by, centers supported under section
242c(d) of this title.''
Subsec. (g)(2). Pub. L. 101-239, 6103(e)(4)(G)(ii), substituted
''sections 242b and 242k of this title'' for ''sections 242b, 242c,
242k, and 242n of this title''.
Subsec. (h)(1). Pub. L. 101-239, 6103(e)(4)(H), substituted
''effectuate the purposes of section 242k of this title'' for
''effectuate the purposes of section 242b, 242c, 242k, or 242n of this
title'' and ''contract under any of such sections'' for ''contract under
section 242b, 242c, 242k, or 242n of this title''.
Subsec. (i). Pub. L. 101-239, 6103(e)(4)(I), struck out subsec. (i)
which authorized appropriations for carrying out certain programs under
sections 242b, 242c, 242k, and 242n of this title during fiscal years
1988 to 1990.
1988 -- Subsec. (b)(2)(A). Pub. L. 100-690 inserted after first
sentence ''Each application for a grant, contract, or cooperative
agreement in an amount exceeding $50,000 of direct costs for the
dissemination of research findings or the development of research
agendas (including conferences, workshops, and meetings) shall be
submitted to a standing peer review group with persons with appropriate
expertise and shall not be submitted to any peer review group
established to review applications for research, evaluation, or
demonstration projects.'' and substituted ''an application described in
the first two sentences of this subparagraph'' for ''each such
application'' in last sentence.
1987 -- Subsec. (a)(1), (2). Pub. L. 100-177, 106(a)(1), added
pars. (1) and (2) and struck out former pars. (1) and (2) which read
as follows:
''(1) Not later than December 1 of each year, the Secretary shall
make a report to Congress respecting (A) the administration of sections
242b, 242c, 242k, and 242l and section 242n of this title during the
preceding fiscal year, and (B) the current state and progress of health
services research and, health statistics, and health care technology.
''(2) The Secretary, acting through the National Center for Health
Services Research and the National Center for Health Statistics, shall
assemble and submit to the President and the Congress not later than
December 1 of each year the following reports:
''(A) A report on health care costs and financing. Such report shall
include a description and analysis of the statistics collected under
section 242k(b)(1)(G) of this title.
''(B) A report on health resources. Such report shall include a
description and analysis, by geographic area, of the statistics
collected under section 242k(b)(1)(E) of this title.
''(C) A report on the utilization of health resources. Such report
shall include a description and analysis, by age, sex, income, and
geographic area, of the statistics collected under section 242k(b)(1)(F)
of this title.
''(D) A report on the health of the Nation's people. Such report
shall include a description and analysis, by age, sex, income, and
geographic area, of the statistics collected under section 242k(b)(1)(A)
of this title.''
Subsec. (a)(3). Pub. L. 100-177, 106(a)(2), struck out ''or (2)''
after ''paragraph (1)''.
Subsec. (b)(1). Pub. L. 100-177, 107(1), inserted ''and unless a
peer review group referred to in paragraph (2) has recommended the
application for approval'' before period at end.
Subsec. (b)(2). Pub. L. 100-177, 107(2), added par. (2) and struck
out former par. (2) which read as follows: ''Each application
submitted for a grant or contract under section 242b or 242c of this
title, in an amount exceeding $50,000 of direct costs and for a health
services research, evaluation, or demonstration project, shall be
submitted by the Secretary for review for scientific merit to a panel of
experts appointed by him from persons who are not officers or employees
of the United States and who possess qualifications relevant to the
project for which the application was made. A panel to which an
application is submitted under this paragraph shall report its findings
and recommendations respecting the application to the Secretary in such
form and manner as the Secretary shall by regulation prescribe.''
Subsec. (i). Pub. L. 100-177, 108, amended subsec. (i) generally,
substituting provisions authorizing appropriations for fiscal years 1988
to 1990 for carrying out activities under sections 242b, 242c, 242k, and
242n of this title for former provisions authorizing appropriations for
fiscal years 1975 to 1987 for carrying out activities under those
sections.
1984 -- Subsec. (i)(1). Pub. L. 98-551, 7(a), inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1985,
1986, and 1987, inserted ''and Health Care Technology Assessment'' after
''Research'', substituted ''and at least 10 per centum of such amount or
$1,500,000, whichever is less, shall be available only for the user
liaison program and the technical assistance program referred to in
section 242c(c)(2) of this title and for dissemination activities
directly undertaken through such Center'' for ''and at least 5 per
centum of such amount or $1,000,000, whichever is less, shall be
available only for dissemination activities directly undertaken through
such Center'', inserted ''For health care technology assessment
activities undertaken under subsections (b)(5), (e), (f), and (g) of
section 242c of this title the Secretary shall obligate from funds
appropriated under this paragraph not less than $3,000,000 for the
fiscal year ending September 30, 1985, $3,500,000 for the fiscal year
ending September 30, 1986, and $4,000,000 for the fiscal year ending
September 30, 1987. For grants under section 242n of this title the
Secretary shall obligate from funds appropriated under this paragraph
not less than $500,000 for the fiscal year ending September 30, 1985,
$750,000 for the fiscal year ending September 30, 1986, and $750,000 for
the fiscal year ending September 30, 1987.'', and in last sentence
substituted ''for any fiscal year'' for ''for each of the fiscal years
ending September 30, 1982, September 30, 1983, and September 30,
1984,''.
Subsec. (i)(2). Pub. L. 98-551, 7(b), inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1985,
1986, and 1987.
1983 -- Subsec. (d). Pub. L. 97-414 inserted '', if an establishment
or person supplying the information or described in it is
identifiable,'' after ''No information'', and substituted ''such
establishment or person has consented (as determined under regulations
of the Secretary) to its use for such other purpose'' for ''authorized
by guidelines in effect under section 242k(l)(2) of this title or under
regulations of the Secretary''.
1981 -- Subsec. (a)(2). Pub. L. 97-35, 922(a), substituted
''December'' for ''September'', which change had already been made by
Pub. L. 94-273.
Subsec. (b)(2). Pub. L. 97-35, 922(b), substituted ''$50,000'' for
''$35,000''.
Subsec. (d)(2). Pub. L. 97-35, 922(c), inserted applicability to
health care technology activities under section 242n of this title.
Subsec. (i)(1). Pub. L. 97-35, 917(a), 919(a)(2)(B), inserted
provisions respecting amounts of and limitations on uses for
appropriations for the fiscal years ending Sept. 30, 1982, 1983, and
1984.
Subsec. (i)(2). Pub. L. 97-35, 917(b), inserted provisions
respecting appropriations for the fiscal years ending Sept. 30, 1982,
1983, and 1984.
1978 -- Subsec. (a)(1). Pub. L. 95-623, 6(d)(1), required the
report to cover the administration of section 242n of this title and the
current state and progress of health care technology.
Subsec. (b)(1). Pub. L. 95-623, 6(d)(2), inserted reference to grant
or contract under section 242n of this title.
Subsec. (d). Pub. L. 95-623, 6(d)(3), 8(b), inserted reference to
section 242n of this title and substituted in cl. (1) ''statistical or
epidemiological activities'' for ''statistical activities''; and
authorized use of information for purposes other than for which supplied
when authorized by guidelines in effect under section 242k(l)(2) of this
title.
Subsecs. (e), (f), (g)(2), (h)(1). Pub. L. 95-623, 6(d)(4)-(7),
inserted references to section 242n of this title.
Subsec. (i)(1). Pub. L. 95-623, 2(a), authorized appropriation of
$35,000,000; $40,000,000; and $45,000,000 for fiscal years ending
Sept. 30, 1979, through 1981, and substituted minimum amounts of the
lesser of 20 per centum of appropriated funds or $6,000,000 for health
services research, evaluation and demonstration activities of the
National Center for Health Services Research and 5 per centum of such
funds or $1,000,000 for dissemination activities of such Center for
prior similar requirement of 25 per centum of appropriated funds for the
applicable fiscal years for health services research, evaluation, and
demonstration activities of the Secretary.
Subsec. (i)(2). Pub. L. 95-623, 2(b), authorized appropriation of
$50,000,000; $65,000,000; and $70,000,000 for fiscal years ending
Sept. 30, 1979, through 1981.
1977 -- Subsec. (i)(1). Pub. L. 95-83, 104(a), authorized
appropriation of $28,600,000 for fiscal year ending Sept. 30, 1978.
Subsec. (i)(2). Pub. L. 95-83, 104(b), authorized appropriation of
$33,600,000 for fiscal year ending Sept. 30, 1978.
1976 -- Subsec. (a). Pub. L. 94-273 substituted ''December'' for
''September'' wherever appearing.
Section 2600 of Pub. L. 100-690 provided that: ''Except as provided
in section 2613(b)(1) (42 U.S.C. 285m note), the amendments made by this
subtitle (subtitle G ( 2600-2641) of title II of Pub. L. 100-690,
enacting sections 285m-4 to 285m-6 of this title, amending this section,
sections 242c, 281, 284, 284c, 285j, 285m, 285m-1 to 285m-6, 286, 289f,
290cc-28, 290cc-36, 292h, 294a, 295g-4, 295g-7, 295g-8b, 295h, 295h-5,
295j, 297j, 297n, 300cc-3, 300cc-13, 300cc-17, 300cc-20, 300cc-31,
300dd-1, 300dd-3, 300dd-8, 300dd-10, 300dd-12 to 300dd-14, 300dd-21,
300dd-32, 300ee, 300ee-2, 300ee-5, 300ee-12, 300ee-13, 300ee-15 to
300ee-18, 300ee-20, 300ee-22, 300ee-34, 300ff-48, and 300aaa to
300aaa-13 of this title, and section 393 of Title 21, Food and Drugs,
enacting provisions set out as notes under section 285m of this title,
amending provisions set out as notes under sections 201, 292h, 300cc,
300ee-1, and 300ff-48 of this title, and repealing provisions set out as
a note under section 285m of this title) shall take effect immediately
after the enactment of the Health Omnibus Programs Extension of 1988
(Nov. 4, 1988).''
Section 106(c) of Pub. L. 100-177 provided that: ''The amendments
made by subsections (a) and (b) (amending this section and section 242p
of this title) shall apply to reports and profiles required to be
submitted after November 1, 1987.''
Later Than 30 Months After November 9, 1978
Section 10 of Pub. L. 95-623, as amended by S. Res. 30, Mar. 7,
1979; H. Res. 549, Mar. 25, 1980, required the Secretary, acting
through the National Center for Health Services Research, to arrange for
the conduct of a study to evaluate the impact upon the utilization of
health services by and the health status of members of the United Mine
Workers and their dependents as a result of changes in the United Mine
Workers' collective-bargaining agreements of Mar. 1978 with a report to
be submitted to the Secretary and specific committees of the Senate and
House of Representatives within 30 months after Nov. 9, 1978.
Section 107(b) of Pub. L. 93-353 provided that: ''The
authorizations of appropriations provided by section 308(i) of the
Public Health Service Act (subsec. (i) of this section) is extended for
the fiscal year ending June 30, 1977, in the amounts authorized for the
preceding fiscal year unless before June 30, 1976, Congress has passed
legislation repealing this subsection.''
/1/ So in original. Probably should be paragraph ''(1)''.
/2/ See References in Text note below.
/3/ So in original.
42 USC 242n. Repealed. Pub. L. 101-239, title VI, 6103(d)(1)(B), Dec.
19, 1989, 103 Stat. 2205
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 309, as added Nov.
9, 1978, Pub. L. 95-623, 6(c), 92 Stat. 3447, and amended July 10,
1979, Pub. L. 96-32, 5(d), 93 Stat. 83; Aug. 13, 1981, Pub. L.
97-35, title IX, 917(c), 923, 95 Stat. 565, 567; Oct. 30, 1984, Pub.
L. 98-551, 8, 98 Stat. 2820; Oct. 7, 1985, Pub. L. 99-117, 8(a),
99 Stat. 493; Dec. 1, 1987, Pub. L. 100-177, title I, 109, 101 Stat.
990, related to grants for a council on health care technology.
Section 6103(d)(1)(B) of Pub. L. 101-239 provided in part that the
council on health care technology established under this section is
terminated.
For provision transferring personnel of Department of Health and
Human Services employed on Dec. 19, 1989, in connection with functions
vested in Administrator for Health Care Policy and Research pursuant to
amendments made by section 6103 of Pub. L. 101-239, and assets,
liabilities, etc., of Department arising from or employed, held, used,
or available on that date, or to be made available after that date, in
connection with those functions, to Administrator for appropriate
allocation, and for provisions for continued effectiveness of actions,
orders, rules, official documents, etc., of Department that have been
issued, made, granted, or allowed to become effective in performance of
those functions, and that were effective on Dec. 19, 1989, see section
6103(f) of Pub. L. 101-239, set out as a note under section 299 of this
title.
42 USC 242o. Health conferences; publication of health educational
information
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) A conference of the health authorities in and among the several
States shall be called annually by the Secretary. Whenever in his
opinion the interests of the public health would be promoted by a
conference, the Secretary may invite as many of such health authorities
and officials of other State or local public or private agencies,
institutions, or organizations to confer as he deems necessary or
proper. Upon the application of health authorities of five or more
States it shall be the duty of the Secretary to call a conference of all
State health authorities joining in the request. Each State represented
at any conference shall be entitled to a single vote. Whenever at any
such conference matters relating to mental health are to be discussed,
the mental health authorities of the respective States shall be invited
to attend.
(b) From time to time the Secretary shall issue information related
to public health, in the form of publications or otherwise, for the use
of the public, and shall publish weekly reports of health conditions in
the United States and other countries and other pertinent health
information for the use of persons and institutions concerned with
health services.
(July 1, 1944, ch. 373, title III, 310, formerly 309, 310, as
added July 23, 1974, Pub. L. 93-353, title I, 107(a), 88 Stat. 371, and
renumbered 310, Nov. 9, 1978, Pub. L. 95-623, 6(a), (b), 92 Stat.
3447.)
Subsec. (a) of this section consists of former section 309 of act
July 1, 1944, prior to the renumbering of that section as section 310(a)
by Pub. L. 95-623. Subsec. (b) of this section consists of former
section 310 of act July 1, 1944, prior to the renumbering of that
section as section 310(b) by Pub. L. 95-623.
Provisions similar to those comprising subsec. (a) of this section
were contained in section 312 of act July 1, 1944, ch. 373, title III,
58 Stat. 693, as amended (formerly classified to section 244 of this
title) prior to repeal by Pub. L. 93-353, title I, 102(a), July 23,
1974, 88 Stat. 362.
Provisions similar to those comprising subsec. (b) of this section
were contained in section 315 of act July 1, 1944, ch. 373, title III,
58 Stat. 695, as amended Oct. 30, 1970, Pub. L. 91-515, title II,
282, 84 Stat. 1308 (formerly classified to section 247 of this title)
prior to repeal by Pub. L. 93-353, title I, 102(a), July 23, 1974, 88
Stat. 362.
42 USC 242p. National disease prevention data profile
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary, acting through the National Center for Health
Statistics, shall submit to Congress on March 15, 1990, and on March 15
of every third year thereafter, a national disease prevention data
profile in order to provide a data base for the effective implementation
of this Act and to increase public awareness of the prevalence,
incidence, and any trends in the preventable causes of death and
disability in the United States. Such profile shall include at a
minimum --
(1) mortality rates for preventable diseases;
(2) morbidity rates associated with preventable diseases;
(3) the physical determinants of health of the population of the
United States and the relationship between these determinants of health
and the incidence and prevalence of preventable causes of death and
disability; and
(4) the behavioral determinants of health of the population of the
United States including, but not limited to, smoking, nutritional and
dietary habits, exercise, and alcohol consumption, and the relationship
between these determinants of health and the incidence and prevalence of
preventable causes of death and disability.
(b) In preparing the profile required by subsection (a) of this
section, the Secretary, acting through the National Center for Health
Statistics, shall comply with all relevant provisions of sections 242k
and 242m of this title.
(Pub. L. 95-626, title IV, 404, Nov. 10, 1978, 92 Stat. 3591; Pub.
L. 100-177, title I, 106(b), Dec. 1, 1987, 101 Stat. 989.)
This Act, referred to in subsec. (a), is Pub. L. 95-626, Nov. 10,
1978, 92 Stat. 3551, known as the Health Services and Centers
Amendments of 1978. For complete classification of this Act to the
Code, see Short Title of 1978 Amendments note set out under section 201
of this title and Tables.
Section was enacted as part of the Health Services and Centers
Amendments of 1978, and not as part of the Public Health Service Act
which comprises this chapter.
1987 -- Subsec. (a). Pub. L. 100-177 substituted ''on March 15,
1990, and on March 15 of every third year thereafter'' for ''on December
1, 1980, and on December 1 of every third year thereafter'' in first
sentence.
Amendment by Pub. L. 100-177 applicable to reports and profiles
required to be submitted after Nov. 1, 1987, see section 106(c) of Pub.
L. 100-177, set out as a note under section 242m of this title.
42 USC 242q. Task Force on Aging Research; establishment and duties
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary of Health and Human Services shall establish a Task
Force on Aging Research.
(b) Duties
With respect to aging research (as defined in section 242q-4 of this
title), the Task Force each fiscal year shall --
(1) make recommendations to the Secretary specifying the particular
projects of research, or the particular categories of research, that
should be conducted or supported by the Secretary;
(2) of the projects specified under paragraph (1), make
recommendations to the Secretary of the projects that should be given
priority in the provision of funds; and
(3) make recommendations to the Secretary of the amount of funds that
should be appropriated for such research.
(c) Provision of information to public
The Task Force may make available to health professionals, and to
other members of the public, information regarding the research
described in subsection (b) of this section.
(Pub. L. 101-557, title III, 301, Nov. 15, 1990, 104 Stat. 2768.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC 242q-1. Membership
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Composition
The Task Force shall be composed of --
(1) the Assistant Secretary for Health;
(2) the Surgeon General of the Public Health Service;
(3) the Assistant Secretary for Planning and Evaluation;
(4) the Director of the National Institute on Aging, and the
Directors of such other agencies of the National Institutes of Health as
the Secretary determines to be appropriate;
(5) the Commissioner of the Administration on Aging;
(6) the Commissioner of Food and Drugs;
(7) the Chief Medical Director of the Department of Veterans Affairs;
(8) the Administrator of the the /1/ Alcohol, Drug Abuse, and Mental
Health Administration;
(9) the Administrator of the Health Care Financing Administration;
(10) the Commissioner of Social Security;
(11) the Administrator for Health Care Policy and Research;
(12) two Members of the House of Representatives appointed by the
Speaker of the House in consultation with the Minority Leader, and two
members of the Senate appointed by the Majority Leader in consultation
with the Minority Leader, not more than one of whom from each body shall
be members of the same political party; and
(13) three members of the general public, to be appointed by the
Secretary, that shall include one representative each from --
(A) a nonprofit group representing older Americans;
(B) a private voluntary health organization concerned with the health
problems affecting older Americans; and
(C) a nonprofit organization concerned with research related to the
health and independence of older Americans.
(b) Chair
The Secretary, acting through either the Assistant Secretary for
Health or the Director of the National Institute on Aging, shall serve
as the Chair of the Task Force.
(c) Quorum
A majority of the members of the Task Force shall constitute a
quorum, and a lesser number may hold hearings.
(d) Meetings
The Task Force shall meet periodically at the call of the Chair, but
in no event less than twice each year.
(e) Compensation and expenses
(1) Compensation
Members of the Task Force who are not regular full-time employees of
the United States Government shall, while attending meetings and
conferences of the Task Force or otherwise engaged in the business of
the Task Force (including traveltime), be entitled to receive
compensation at a rate fixed by the Secretary, but not exceeding the
rate specified at the time of such service under GS-18 of the General
Schedules established under section 5332 of title 5.
(2) Expenses
While away from their homes or regular places of business on the
business of the Task Force, members of such Task Force may be allowed
travel expenses, including per diem in lieu of subsistence, as is
authorized under section 5703 of title 5 for persons employed
intermittently in the Government service.
(Pub. L. 101-557, title III, 302, Nov. 15, 1990, 104 Stat. 2769.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
/1/ So in original.
42 USC 242q-2. Administrative staff and support
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, acting through either the Assistant Secretary for
Health or the Director of the National Institute on Aging, shall appoint
an Executive Secretary for the Task Force and shall provide the Task
Force with such administrative staff and support as may be necessary to
enable the Task Force to carry out subsections (b) and (c) of section
242q of this title.
(Pub. L. 101-557, title III, 303, Nov. 15, 1990, 104 Stat. 2770.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC 242q-3. Reports
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Not later than 1 year after November 15, 1990, and annually
thereafter, the Task Force shall prepare and submit to the Secretary,
and to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate, a report providing the recommendations required in section
242q(b) of this title.
(b) Availability to public
The Task Force may make available to the public copies of the reports
required in subsection (a) of this section.
(Pub. L. 101-557, title III, 304, Nov. 15, 1990, 104 Stat. 2770.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC 242q-4. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of sections 242q to 242q-5 of this title:
(1) Aging research
(A) The term ''aging research'' means research on the aging process
and on the diagnosis and treatment of diseases, disorders, and
complications related to aging, including menopause. Such research
includes research on such treatments, and on medical devices and other
medical interventions regarding such diseases, disorders, and
complications, that can assist individuals in avoiding
institutionalization and prolonged hospitalization and in otherwise
increasing the independence of the individuals.
(B) For purposes of subparagraph (A), the term ''independence'', with
respect to diseases, disorders, and complications of aging, means the
functional ability of individuals to perform activities of daily living
or instrumental activities of daily living without assistance or
supervision.
(2) Secretary
The term ''Secretary'' means the Secretary of Health and Human
Services.
(3) Task Force
The term ''Task Force'' means the Task Force on Aging Research
established under section 242q(a) of this title.
(Pub. L. 101-557, title III, 305, Nov. 15, 1990, 104 Stat. 2770.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC 242q-5. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of carrying out sections 242q to 242q-5 of this
title, there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1991 through 1993.
(Pub. L. 101-557, title III, 306, Nov. 15, 1990, 104 Stat. 2770.)
Section was enacted as part of the Home Health Care and Alzheimer's
Disease Amendments of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC Part B -- Federal-State Cooperation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 243. General grant of authority for cooperation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Enforcement of quarantine regulations; prevention of
communicable diseases
The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine regulations
made pursuant to this chapter which such authorities may be able and
willing to provide. The Secretary shall also assist States and their
political subdivisions in the prevention and suppression of communicable
diseases and with respect to other public health matters, shall
cooperate with and aid State and local authorities in the enforcement of
their quarantine and other health regulations, and shall advise the
several States on matters relating to the preservation and improvement
of the public health.
(b) Comprehensive and continuing planning; training of personnel for
State and local health work; fees
The Secretary shall encourage cooperative activities between the
States with respect to comprehensive and continuing planning as to their
current and future health needs, the establishment and maintenance of
adequate public health services, and otherwise carrying out public
health activities. The Secretary is also authorized to train personnel
for State and local health work. The Secretary may charge only private
entities reasonable fees for the training of their personnel under the
preceding sentence.
(c) Development of plan to control epidemics and meet emergencies or
problems resulting from disasters; cooperative planning; temporary
assistance; reimbursement of United States
(1) The Secretary is authorized to develop (and may take such action
as may be necessary to implement) a plan under which personnel,
equipment, medical supplies, and other resources of the Service and
other agencies under the jurisdiction of the Secretary may be
effectively used to control epidemics of any disease or condition and to
meet other health emergencies or problems. The Secretary may enter into
agreements providing for the cooperative planning between the Service
and public and private community health programs and agencies to cope
with health problems (including epidemics and health emergencies).
(2) The Secretary may, at the request of the appropriate State or
local authority, extend temporary (not in excess of six months)
assistance to States or localities in meeting health emergencies of such
a nature as to warrant Federal assistance. The Secretary may require
such reimbursement of the United States for assistance provided under
this paragraph as he may determine to be reasonable under the
circumstances. Any reimbursement so paid shall be credited to the
applicable appropriation for the Service for the year in which such
reimbursement is received.
(July 1, 1944, ch. 373, title III, 311, 58 Stat. 693; Nov. 3, 1966,
Pub. L. 89-749, 5, 80 Stat. 1190; Dec. 5, 1967, Pub. L. 90-174, 4,
81 Stat. 536; Oct. 30, 1970, Pub. L. 91-515, title II, 282, 84 Stat.
1308; June 23, 1976, Pub. L. 94-317, title II, 202(b), (c), 90 Stat.
703; Aug. 13, 1981, Pub. L. 97-35, title IX, 902(c), 95 Stat. 559;
Jan. 4, 1983, Pub. L. 97-414, 8(d), 96 Stat. 2060; Oct. 7, 1985, Pub.
L. 99-117, 11(a), 99 Stat. 494.)
1985 -- Subsec. (c)(1). Pub. L. 99-117 struck out ''referred to in
section 247b(f) of this title'' after ''epidemics of any disease or
condition'', ''involving or resulting from disasters or any such
disease'' after ''health emergencies or problems'' in first sentence,
and struck out ''resulting from disasters or any disease or condition
referred to in section 247b(f) of this title'' after ''(including
epidemics and health emergencies)'' in second sentence.
1983 -- Subsec. (c)(2). Pub. L. 97-414 substituted ''six months''
for ''forty-five days'' after ''not in excess of''.
1981 -- Subsec. (a). Pub. L. 97-35, 902(c)(1), inserted
applicability to other public health matters, and struck out reference
to section 246 of this title.
Subsec. (b). Pub. L. 97-35, 902(c)(2), substituted ''public health
activities'' for ''the purposes of section 246 of this title''.
1976 -- Subsec. (b). Pub. L. 94-317, 202(c), inserted provision
authorizing Secretary to charge only private entities reasonable fees
for training of their personnel.
Subsec. (c). Pub. L. 94-317, 202(b), made changes in phraseology and
restructured provisions into pars. (1) and (2) and, in par. (1), as so
restructured, inserted provisions authorizing Secretary to develop a
plan utilizing Public Health Service personnel, equipment, medical
supplies and other resources to control epidemics of any disease
referred to in section 247b of this title.
1970 -- Subsecs. (a), (b). Pub. L. 91-515 substituted ''Secretary''
for ''Surgeon General'' wherever appearing.
1967 -- Subsec. (c). Pub. L. 90-174 added subsec. (c).
1966 -- Pub. L. 89-749 designated existing provisions as subsec.
(a), added subsec. (b), and amended subsec. (b) to permit Surgeon
General to train personnel for State and local health work.
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 300aaa-12 of
this title.
Section 5(a) of Pub. L. 89-749 provided that subsec. (b) of this
section is effective July 1, 1966.
Section 5(b) of Pub. L. 89-749 provided that the amendment of
subsec. (b) of this section, permitting the Surgeon General to train
personnel for State and local health work, is effective July 1, 1967.
42 USC 244. Repealed. Pub. L. 93-353, title I, 102(a), July 23, 1974,
88 Stat. 362
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, acts July 1, 1944, ch. 373, title III, 312, 58 Stat. 693;
July 3, 1946, ch. 538, 8, 60 Stat. 424; Dec. 5, 1967, Pub. L.
90-174, 12(b), 81 Stat. 541; Oct. 30, 1970, Pub. L. 91-515, title
II, 282, 84 Stat. 1308, provided for health conferences. See section
242o(a) of this title.
42 USC 244-1. Repealed. Pub. L. 94-484, title V, 503(b), Oct. 12,
1976, 90 Stat. 2300
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 312, formerly 306,
as added Aug. 2, 1956, ch. 871, title I, 101, 70 Stat. 923, and
amended July 23, 1959, Pub. L. 86-105, 1, 73 Stat. 239; Sept 8,
1960, Pub. L. 86-720, 1(b), 74 Stat. 820; Aug. 27, 1964, Pub. L.
88-497, 2, 78 Stat. 613; Aug. 16, 1968, Pub. L. 90-490, title III,
302(b), 82 Stat. 789; Mar. 12, 1970, Pub. L. 91-208, 3, 84 Stat.
52; Oct. 30, 1970, Pub. L. 91-515, title VI, 601(b)(2), 84 Stat.
1311; June 18, 1973, Pub. L. 93-45, title I, 104(a), 87 Stat. 91;
renumbered 312 and amended July 23, 1974, Pub. L. 93-353, title I,
102(b), 88 Stat. 362; Oct. 12, 1976, Pub. L. 94-484, title I,
101(a)(1), 90 Stat. 2244, related to graduate or specialized training
for physicians, engineers, nurses, and other professional personnel.
Section 503(c) of Pub. L. 94-484 provided that: ''The amendments
made by this section (amending former section 295f-2 of this title and
repealing this section and section 245a of this title) shall take effect
October 1, 1977.''
42 USC 244a, 245. Repealed. Pub. L. 93-353, title I, 102(a), July
23, 1974, 88 Stat. 362
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 244a, act July 1, 1944, ch. 373, title III, 312a, as added
Aug. 31, 1954, ch. 1158, 2, 68 Stat. 1025, related to birth and
death statistics, annual collection, and compensation for transcription.
See section 242k(h) of this title.
Section 245, acts July 1, 1944, ch. 373, title III, 313, 58 Stat.
693; Oct. 30, 1970, Pub. L. 91-515, title II, 282, 84 Stat. 1308,
provided for collection of vital statistics. See section 242k(g) of
this title.
42 USC 245a. Repealed. Pub. L. 94-484, title V, 503(b), Oct. 12,
1976, 90 Stat. 2300
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 313, formerly 309,
as added Sept. 8, 1960, Pub. L. 86-720, 1(a), 74 Stat. 819, and
amended Aug. 27, 1964, Pub. L. 88-497, 3, 78 Stat. 613; Nov. 3,
1966, Pub. L. 89-749, 4, 80 Stat. 1190; Dec. 5, 1967, Pub. L.
90-174, 2(g), 8(c), 81 Stat. 534, 540; Aug. 16, 1968, Pub. L.
90-490, title III, 302(a), 82 Stat. 788; Mar. 12, 1970, Pub. L.
91-208, 1, 2, 84 Stat. 52; June 30, 1970, Pub. L. 91-296, title IV,
401(b)(1)(B), 84 Stat. 352; June 18, 1973, Pub. L. 93-45, title I,
104(b), (c), 87 Stat. 91; renumbered 313 and amended July 23, 1974,
Pub. L. 93-353, title I, 102(c), 88 Stat. 362; Oct. 12, 1976, Pub.
L. 94-484, title I, 101(a)(2), (3), 90 Stat. 2244, related to graduate
public health training grants.
Repeal effective Oct. 1, 1977, see section 503(c) of Pub. L.
94-484, set out as a note under section 244-1 of this title.
42 USC 246. Grants and services to States
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Comprehensive health planning and services
(1) In order to assist the States in comprehensive and continuing
planning for their current and future health needs, the Secretary is
authorized during the period beginning July 1, 1966, and ending June 30,
1973, to make grants to States which have submitted, and had approved by
the Secretary, State plans for comprehensive State health planning. For
the purposes of carrying out this subsection, there are hereby
authorized to be appropriated $2,500,000 for the fiscal year ending June
30, 1967, $7,000,000 for the fiscal year ending June 30, 1968,
$10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for
the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year
ending June 30, 1971, $17,000,000 for the fiscal year ending June 30,
1972, $20,000,000 for the fiscal year ending June 30, 1973, and
$10,000,000 for the fiscal year ending June 30, 1974.
(2) In order to be approved for purposes of this subsection, a State
plan for comprehensive State health planning must --
(A) designate, or provide for the establishment of, a single State
agency, which may be an interdepartmental agency, as the sole agency for
administering or supervising the administration of the State's health
planning functions under the plan;
(B) provide for the establishment of a State health planning council,
which shall include representatives of Federal, State, and local
agencies (including as an ex officio member, if there is located in such
State one or more hospitals or other health care facilities of the
Department of Veterans Affairs, the individual whom the Secretary of
Veterans Affairs shall have designated to serve on such council as the
representative of the hospitals or other health care facilities of such
Department which are located in such State) and nongovernmental
organizations and groups concerned with health (including representation
of the regional medical program or programs included in whole or in part
within the State), and of consumers of health services, to advise such
State agency in carrying out its functions under the plan, and a
majority of the membership of such council shall consist of
representatives of consumers of health services;
(C) set forth policies and procedures for the expenditure of funds
under the plan, which, in the judgment of the Secretary, are designed to
provide for comprehensive State planning for health services (both
public and private and including home health care), including the
facilities and persons required for the provision of such services, to
meet the health needs of the people of the State and including
environmental considerations as they relate to public health;
(D) provide for encouraging cooperative efforts among governmental or
nongovernmental agencies, organizations and groups concerned with health
services, facilities, or manpower, and for cooperative efforts between
such agencies, organizations, and groups and similar agencies,
organizations, and groups in the fields of education, welfare, and
rehabilitation;
(E) contain or be supported by assurances satisfactory to the
Secretary that the funds paid under this subsection will be used to
supplement and, to the extent practicable, to increase the level of
funds that would otherwise be made available by the State for the
purpose of comprehensive health planning and not to supplant such
non-Federal funds;
(F) provide such methods of administration (including methods
relating to the establishment and maintenance of personnel standards on
a merit basis, except that the Secretary shall exercise no authority
with respect to the selection, tenure of office, and compensation of any
individual employed in accordance with such methods) as are found by the
Secretary to be necessary for the proper and efficient operation of the
plan;
(G) provide that the State agency will make such reports, in such
form and containing such information, as the Secretary may from time to
time reasonably require, and will keep such records and afford such
access thereto as the Secretary finds necessary to assure the
correctness and verification of such reports;
(H) provide that the State agency will from time to time, but not
less often than annually, review its State plan approved under this
subsection and submit to the Secretary appropriate modifications
thereof;
(I) effective July 1, 1968, (i) provide for assisting each health
care facility in the State to develop a program for capital expenditures
for replacement, modernization, and expansion which is consistent with
an overall State plan developed in accordance with criteria established
by the Secretary after consultation with the State which will meet the
needs of the State for health care facilities, equipment, and services
without duplication and otherwise in the most efficient and economical
manner, and (ii) provide that the State agency furnishing such
assistance will periodically review the program (developed pursuant to
clause (i)) of each health care facility in the State and recommend
appropriate modification thereof;
(J) provide for such fiscal control and fund accounting procedures as
may be necessary to assure proper disbursement of and accounting for
funds paid to the State under this subsection; and
(K) contain such additional information and assurances as the
Secretary may find necessary to carry out the purposes of this
subsection.
(3)(A) From the sums appropriated for such purpose for each fiscal
year, the several States shall be entitled to allotments determined, in
accordance with regulations, on the basis of the population and the per
capita income of the respective States; except that no such allotment
to any State for any fiscal year shall be less than 1 per centum of the
sum appropriated for such fiscal year pursuant to paragraph (1). Any
such allotment to a State for a fiscal year shall remain available for
obligation by the State, in accordance with the provisions of this
subsection and the State's plan approved thereunder, until the close of
the succeeding fiscal year.
(B) The amount of any allotment to a State under subparagraph (A) for
any fiscal year which the Secretary determines will not be required by
the State, during the period for which it is available, for the purposes
for which allotted shall be available for reallotment by the Secretary
from time to time, on such date or dates as he may fix, to other States
with respect to which such a determination has not been made, in
proportion to the original allotments to such States under subparagraph
(A) for such fiscal year, but with such proportionate amount for any of
such other States being reduced to the extent it exceeds the sum the
Secretary estimates such State needs and will be able to use during such
period; and the total of such reductions shall be similarly reallotted
among the States whose proportionate amounts were not so reduced. Any
amount so reallotted to a State from funds appropriated pursuant to this
subsection for a fiscal year shall be deemed part of its allotment under
subparagraph (A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this
subsection, the State shall from time to time be paid the Federal share
of the expenditures incurred during that year or the succeeding year
pursuant to its State plan approved under this subsection. Such
payments shall be made on the basis of estimates by the Secretary of the
sums the State will need in order to perform the planning under its
approved State plan under this subsection, but with such adjustments as
may be necessary to take account of previously made underpayments or
overpayments. The ''Federal share'' for any State for purposes of this
subsection shall be all, or such part as the Secretary may determine, of
the cost of such planning, except that in the case of the allotments for
the fiscal year ending June 30, 1970, it shall not exceed 75 per centum
of such cost.
(b) Project grants for areawide health planning; authorization of
appropriations; prerequisites for grants; application; contents
(1)(A) The Secretary is authorized, during the period beginning July
1, 1966, and ending June 30, 1974, to make, with the approval of the
State agency administering or supervising the administration of the
State plan approved under subsection (a) of this section, project grants
to any other public or nonprofit private agency or organization (but
with appropriate representation of the interests of local government
where the recipient of the grant is not a local government or
combination thereof or an agency of such government or combination) to
cover not to exceed 75 per centum of the costs of projects for
developing (and from time to time revising) comprehensive regional,
metropolitan area, or other local area plans for coordination of
existing and planned health services, including the facilities and
persons required for provision of such services; and including the
provision of such services through home health care; except that in the
case of project grants made in any State prior to July 1, 1968, approval
of such State agency shall be required only if such State has such a
State plan in effect at the time of such grants. No grant may be made
under this subsection after June 30, 1970, to any agency or organization
to develop or revise health plans for an area unless the Secretary
determines that such agency or organization provides means for
appropriate representation of the interests of the hospitals, other
health care facilities, and practicing physicians serving such area, and
the general public. For the purposes of carrying out this subsection,
there are hereby authorized to be appropriated $5,000,000 for the fiscal
year ending June 30, 1967, $7,500,000 for the fiscal year ending June
30, 1968, $10,000,000 for the fiscal year ending June 30, 1969,
$15,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for
the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year
ending June 30, 1972, $40,000,000 for the fiscal year ending June 30,
1973, and $25,100,000 for the fiscal year ending June 30, 1974.
(B) Project grants may be made by the Secretary under subparagraph
(A) to the State agency administering or supervising the administration
of the State plan approved under subsection (a) of this section with
respect to a particular region or area, but only if (i) no application
for such a grant with respect to such region or area has been filed by
any other agency or organization qualified to receive such a grant, and
(ii) such State agency certifies, and the Secretary finds, that ample
opportunity has been afforded to qualified agencies and organizations to
file application for such a grant with respect to such region or area
and that it is improbable that, in the foreseeable future, any agency or
organization which is qualified for such a grant will file application
therefor.
(2)(A) In order to be approved under this subsection, an application
for a grant under this subsection must contain or be supported by
reasonable assurances that there has been or will be established, in or
for the area with respect to which such grant is sought, an areawide
health planning council. The membership of such council shall include
representatives of public, voluntary, and nonprofit private agencies,
institutions, and organizations concerned with health (including
representatives of the interests of local government of the regional
medical program for such area, and of consumers of health services). A
majority of the members of such council shall consist of representatives
of consumers of health services.
(B) In addition, an application for a grant under this subsection
must contain or be supported by reasonable assurances that the areawide
health planning agency has made provision for assisting health care
facilities in its area to develop a program for capital expenditures for
replacement, modernization, and expansion which is consistent with an
overall State plan which will meet the needs of the State and the area
for health care facilities, equipment, and services without duplication
and otherwise in the most efficient and economical manner.
(c) Project grants for training, studies, and demonstrations;
authorization of appropriations
The Secretary is also authorized, during the period beginning July 1,
1966, and ending June 30, 1974, to make grants to any public or
nonprofit private agency, institution, or other organization to cover
all or any part of the cost of projects for training, studies, or
demonstrations looking toward the development of improved or more
effective comprehensive health planning throughout the Nation. For the
purposes of carrying out this subsection, there are hereby authorized to
be appropriated $1,500,000 for the fiscal year ending June 30, 1967,
$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the
fiscal year ending June 30, 1969, $7,500,000 for the fiscal year ending
June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971,
$10,000,000 for the fiscal year ending June 30, 1972, $12,000,000 for
the fiscal year ending June 30, 1973, and $4,700,000 for the fiscal year
ending June 30, 1974.
(July 1, 1944, ch. 373, title III, 314, 58 Stat. 693; July 3, 1946,
ch. 538, 9, 60 Stat. 424; June 16, 1948, ch. 481, 5, 62 Stat. 468;
1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67
Stat. 631; Aug. 1, 1956, ch. 852, 18, 70 Stat. 910; July 22, 1958,
Pub. L. 85-544, 1, 72 Stat. 400; Oct. 5, 1961, Pub. L. 87-395,
2(a)-(d), 75 Stat. 824; Sept. 25, 1962, Pub. L. 87-688, 4(a)(1), 76
Stat. 587; Aug. 5, 1965, Pub. L. 89-109, 4, 79 Stat. 436; Nov. 3,
1966, Pub. L. 89-749, 3, 80 Stat. 1181; Dec. 5, 1967, Pub. L. 90-174,
2(a)-(f), 3(b)(2), 8(a), (b), 12(d), 81 Stat. 533-535, 540, 541; June
30, 1970, Pub. L. 91-296, title I, 111(b), title IV, 401(b)(1)(C),
(D), 84 Stat. 340, 352; Oct. 27, 1970, Pub. L. 91-513, title I, 3(b),
84 Stat. 1241; Oct. 30, 1970, Pub. L. 91-515, title II, 220, 230,
240, 250, 260(a)-(c)(1), 282, 84 Stat. 1304-1306, 1308; Dec. 31, 1970,
Pub. L. 91-616, title III, 331, 84 Stat. 1853; Jan. 5, 1971, Pub. L.
91-648, title IV, 403, 84 Stat. 1925, as amended Oct. 13, 1978, Pub.
L. 95-454, title VI, 602(c), 92 Stat. 1189; Mar. 21, 1972, Pub. L.
92-255, title IV, 403(a), 86 Stat. 77; June 18, 1973, Pub. L. 93-45,
title I, 106, 87 Stat. 92; Nov. 9, 1973, Pub. L. 93-151, 8, 87 Stat.
568; July 29, 1975, Pub. L. 94-63, title I, 102, title V, 501(b),
title VII, 701(a), (b), 89 Stat. 304, 346, 352; Oct. 12, 1976, Pub. L.
94-484, title IX, 905(b)(1), 90 Stat. 2325; Aug. 1, 1977, Pub. L.
95-83, title III, 302, 91 Stat. 387; Oct. 13, 1978, Pub. L. 95-454,
title VI, 602(c), 92 Stat. 1189; Nov. 9, 1978, Pub. L. 95-622, title
I, 109, 92 Stat. 3417; Nov. 10, 1978, Pub. L. 95-626, title II,
201(a), (b)(2), 92 Stat. 3570; July 10, 1979, Pub. L. 96-32, 6(e),
(f), 93 Stat. 83; Oct. 4, 1979, Pub. L. 96-79, title I, 115(k)(2), 93
Stat. 610; Oct. 7, 1980, Pub. L. 96-398, title I, 107(d), 94 Stat.
1571; Aug. 13, 1981, Pub. L. 97-35, title IX, 902(b), 95 Stat. 559;
Oct. 7, 1985, Pub. L. 99-117, 12(a), 99 Stat. 495; June 13, 1991, Pub.
L. 102-54, 13(q)(1)(D), 105 Stat. 279.)
1991 -- Subsec. (a)(2)(B). Pub. L. 102-54 substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration'', ''Secretary of
Veterans Affairs'' for ''Administrator of Veterans' Affairs'' and ''such
Department'' for ''such Administration''.
1985 -- Subsec. (g). Pub. L. 99-117 directed that subsec. (g) be
repealed. Previously, subsec. (g) was repealed by Pub. L. 96-398.
See 1980 Amendment note below.
1981 -- Subsec. (d). Pub. L. 97-35 struck out subsec. (d) which
related to grants for services, form, manner, etc., of application,
review of activities undertaken, allotments, and authorization of
appropriations.
1980 -- Subsec. (g). Pub. L. 96-398 struck out subsec. (g) which
related to application, procedures applicable, amount, etc., for State
mental health program grants.
1979 -- Subsec. (d)(2)(C)(ii). Pub. L. 96-32, 6(e), substituted
''uniform national health program reporting system'' for ''uniform
national reporting system''.
Subsec. (d)(4)(A). Pub. L. 96-32, 6(f), in provision following subd.
(II) of cl. (ii), substituted ''the preceding provisions of this
subparagraph'' for ''clauses (i) and (ii)'' and ''amount'' for
''amounts'' and inserted provision that if the amount appropriated for a
fiscal year is equal to or less than the amount appropriated for fiscal
year ending Sept. 30, 1979, the total amount of grants for a State
health authority shall be an amount which bears the same ratio to the
amount appropriated as the total amount of grants received by such
authority from appropriations for fiscal year ending Sept. 30, 1979,
bears to the amount appropriated for that fiscal year.
Subsec. (g)(2)(D)(iv). Pub. L. 96-79 substituted ''a plan which is
consistent with the State health plan in effect for the State under
section 300m-3(c) of this title and'' for ''a plan''.
1978 -- Subsec. (d). Pub. L. 95-626, 201(b)(2), completely revised
subsec. (d) under which the Secretary is authorized to make grants to
State health authorities to assist in meeting the costs of providing
comprehensive public health services by including requirements that the
States submit an application outlining how funds will be used to
supplement non-Federal support for the provision of public health
services in the State, by setting out formulae under which funds will be
made available to States including definitions of ''applicable grant
computation percentage'' and ''State and local expenditures for
comprehensive public health services'', by requiring implementation of a
national health program reporting system to assure accountability for
expenditure of funds, and by authorizing appropriations of $150,000,000
for fiscal year ending Sept. 30, 1980, and $170,000,000 for fiscal year
ending Sept. 30, 1981.
Subsec. (d)(7)(A). Pub. L. 95-626, 201(a)(1), inserted provision
authorizing an appropriation of $103,000,000 for fiscal year ending
Sept. 30, 1979.
Subsec. (d)(7)(B). Pub. L. 95-626, 201(a)(2), inserted provision
authorizing an appropriation of $20,000,000 for fiscal year ending Sept.
30, 1979.
Subsec. (f). Pub. L. 95-454 designated existing provisions of section
403 of Pub. L. 91-648 (see 1971 Amendment note below) as subsec. (a)
thereof and added subsec. (b) thereto repealing subsec. (f) of this
section as subsec. (f) of this section had applied to commissioned
officers of the Public Health Service.
Subsec. (g). Pub. L. 95-622 substituted provisions relating to grants
for State mental health programs for provisions relating to regulations
and amendments with respect to grants to States under subsecs. (a) and
(d) and reduction and suspension of subsec. (a) and (d) grant payments.
1977 -- Subsec. (d)(7)(A). Pub. L. 95-83, 302(a), substituted
provision for an appropriation authorization for fiscal year ending
Sept. 30, 1977, for prior such authorization for fiscal year 1977, and
authorized appropriation of $106,750,000 for fiscal year ending Sept.
30, 1978.
Subsec. (d)(7)(B). Pub. L. 95-83, 302(b), substituted provision for
an appropriation authorization for fiscal year ending Sept. 30, 1977,
for prior such authorization for fiscal year 1977, and authorized
appropriation of $12,680,000 for fiscal year ending Sept. 30, 1978.
1976 -- Subsec. (g)(4)(B). Pub. L. 94-484 defined ''State'' to
include the Northern Mariana Islands.
1975 -- Subsec. (d). Pub. L. 94-63, 102, 701(a), substituted
provisions relating to grants made pursuant to allotments to State
health and mental health authorities for meeting the costs of providing
comprehensive public health services, for provisions relating to grants
made pursuant to appropriations for fiscal year ending June 30, 1968 to
fiscal year ending June 30, 1975, to State health or mental health
authorities to aid in the establishment and maintenance of adequate
public health services, including the training of personnel for State
and local health work.
Subsec. (e). Pub. L. 94-63, 501(b), 701(b), struck out subsec. (e)
which authorized appropriations from fiscal year ending June 30, 1968
through fiscal year ending June 30, 1975 for project grants for health
services and related training, set forth procedures for making such
grants, and prohibited grants after the fiscal year ending June 30,
1975, for provisions of this chapter amended by title VII of the Health
Revenue Sharing and Health Services Act of 1975.
1973 -- Subsec. (a)(1). Pub. L. 93-45, 106(a)(1), authorized
appropriations of $10,000,000 for fiscal year ending June 30, 1974.
Subsec. (b)(1)(A). Pub. L. 93-45, 106(a)(2), (b), authorized
appropriations of $25,100,000 for fiscal year ending June 30, 1974, and
extended period for making project grants from June 30, 1973, to June
30, 1974.
Subsec. (c). Pub. L. 93-45, 106(a)(3), (b), authorized
appropriations of $4,700,000 for fiscal year ending June 30, 1974, and
extended period for grants from June 30, 1973, to June 30, 1974.
Subsec. (d)(1). Pub. L. 93-45, 106(a)(4), authorized appropriations
of $90,000,000 for fiscal year ending June 30, 1974.
Subsec. (e). Pub. L. 93-151 prohibited use of appropriated funds for
lead based paint poisoning control.
Pub. L. 93-45, 106(a)(5), authorized appropriations of $230,700,000
for fiscal year ending June 30, 1974, and prohibited any grant for such
fiscal year to cover cost of services described in cl. (1) or (2) of
the first sentence if a grant or contract to cover cost of such services
may be made or entered into from funds authorized to be appropriated for
such fiscal year under an appropriations authorization in any provision
of this chapter (other than this subsection) amended by title I of the
Health Programs Extension Act of 1973.
1972 -- Subsec. (d)(2)(K). Pub. L. 92-255 required State plans to
provide for licensing of facilities for treatment and rehabilitation of
persons with drug abuse and other drug dependence problems and for
expansion of State mental health programs and other prevention and
treatment programs in the field of drug abuse and drug dependence.
1971 -- Subsec. (f). Pub. L. 91-648, 403(a), as amended by Pub. L.
94-454, 602(c), repealed subsec. (f) which authorized the Secretary to
arrange the interchange of personnel with States to aid in discharge of
responsibilities in field of health care, except as subsec. (b) applied
to commissioned officers of the Public Health Service. See 1978
Amendment note above.
1970 -- Pub. L. 91-515, 282, substituted ''Secretary'' for
''Surgeon General'' in subsecs. (a)(1), (a)(2)(C), (E) to (H), (K),
(a)(3)(B), (a)(4), (b)(1)(A), (c), (d)(1), (d)(2)(C), (F) to (H), (J),
(d)(4)(A), (d)(6), and (g)(1) to (3).
Subsec. (a)(1). Pub. L. 91-515, 220(a), extended period for making
grants to States from June 30, 1970 to June 30, 1973, and authorized
appropriations for the fiscal years ending June 30, 1971, June 30, 1972,
and June 30, 1973.
Subsec. (a)(2)(B). Pub. L. 91-515, 220(b), (c), inserted provisions
authorizing appointment of an exofficio member from representatives of
Federal, State, and local agencies involved, and requiring
representation of the regional medical program or programs included in
whole or in part within the State.
Subsec. (a)(2)(C). Pub. L. 91-515, 220(d), inserted ''and including
home health care'' after ''private'' and ''and including environmental
considerations as they relate to public health'' after ''people of the
State''.
Subsec. (b). Pub. L. 91-515, 230, redesignated existing provisions
as subsec. (b)(1)(A), and, as so redesignated, extended period for
making project grants from June 30, 1970 to June 30, 1973, inserted
''and including the provision of such services through home health
care'' after ''such services'', and authorized appropriations for the
fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973, and
added subsec. (b)(1)(B) and (b)(2).
Pub. L. 91-296, 111(b), inserted provisions requiring that before
grants be made to agencies or organizations to develop or revise health
plans for an area the Secretary determine that the agency or
organization provides means for appropriate representation of the
interests of the hospitals, practicing physicians, and the general
public.
Subsec. (c). Pub. L. 91-515, 240, extended period for making grants
from June 30, 1970, to June 30, 1973, and authorized appropriations for
the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973.
Subsec. (d)(1). Pub. L. 91-515, 250(a), authorized appropriations
for fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973.
Pub. L. 91-296, 401(b)(1)(C), struck out except which provided for
use of up to 1 per centum by Secretary for evaluation.
Subsec. (d)(2)(C). Pub. L. 91-515, 250(b), inserted provisions
requiring State plan to contain assurances that the plan is compatible
with total health program of the State.
Subsec. (d)(2)(K). Pub. L. 91-513 added subpar. (K).
Subsec. (d)(2)(L). Pub. L. 91-616 added subpar. (L).
Subsec. (e). Pub. L. 91-515, 260(a), (b), (c)(1), inserted
provisions authorizing appropriations for fiscal years ending June 30,
1971, June 30, 1972, and June 30, 1973, provisions authorizing grants to
cover part of cost of equity requirements and amortization of loans on
facilities acquired from the Office of Economic Opportunity or
construction in connection with any program or project transferred from
the Office of Economic Opportunity, and provisions requiring the
application for any grant made under this subsection to be referred for
review and comment to the appropriate areawide health planning agency,
or, if no such agency is in the area, then to such other public or
nonprofit private agency or organization (if any) which performs similar
functions.
Pub. L. 91-296, 401(b)(1)(D), struck out provision for use of up to
1 per centum of appropriation for grants under subsec. (e) by the
Secretary for evaluation.
1967 -- Subsec. (a)(1). Pub. L. 90-174, 2(a)(1), extended period
for making grants to States from June 30, 1968, to June 30, 1970,
increased appropriations authorization for fiscal year ending June 30,
1968, from $5,000,000 to $7,000,000, and authorized appropriations of
$10,000,000 and $15,000,000 for fiscal years ending June 30, 1969, and
1970, respectively.
Subsec. (a)(2)(I) to (K). Pub. L. 90-174, 2(a)(2), added subpar.
(I) and redesignated former subpars. (I) and (J) as (J) and (K),
respectively.
Subsec. (a)(4). Pub. L. 90-174, 2(a)(3), limited Federal share of
expenditures, in case of allotments for fiscal year ending June 30,
1968, to 75 per centum of cost of planning.
Subsec. (b). Pub. L. 90-174, 2(b)(1), (2), extended period for
making grants to public or nonprofit private organizations from June 30,
1968, to June 30, 1970, and authorized appropriations of $10,000,000 and
$15,000,000 for fiscal years ending June 30, 1969, and 1970,
respectively, and provided for appropriate representation of interests
of local government where recipient of grant is not a local government
or combination thereof or an agency of such government or combination,
respectively.
Subsec. (c). Pub. L. 90-174, 2(c), extended period for making grants
to public or nonprofit private organizations from June 30, 1968, to June
30, 1970, and authorized appropriations of $5,000,000 and $7,500,000 for
fiscal years ending June 30, 1969, and 1970, respectively.
Subsec. (d)(1). Pub. L. 90-174, 2(d)(1), 8(a), increased
appropriations authorization for fiscal year ending June 30, 1968, from
$62,500,000 to $70,000,000, and authorized appropriations of $90,000,000
and $100,000,000 for fiscal years ending June 30, 1969, and 1970,
respectively, and made program evaluation funds available for any fiscal
year ending after June 30, 1968, respectively.
Subsec. (d)(5). Pub. L. 90-174, 2(d)(2), made Federal share of 66
2/3 per centum applicable to the Trust Territory of the Pacific Islands.
Subsec. (d)(7). Pub. L. 90-174, 2(d)(3), provided for an allocation
of 70 per centum of funds for provision under the State plan of services
in communities of the State.
Subsec. (e). Pub. L. 90-174, 2(e), 3(b)(2), 8(b), increased
appropriations authorization for fiscal year ending June 30, 1968, from
$62,500,000 to $90,000,000, authorized appropriations of $95,000,000 and
$80,000,000 for fiscal years ending June 30, 1969, and 1970,
respectively, inserted ''(including related training)'' after
''providing services'' in cl. (1), substituted ''developing'' for
''stimulating'' and inserted ''(including related training)'' after
''health services'' in cl. (2), struck out cl. (3) which authorized
grants to cover part of cost of undertaking studies, demonstrations, or
training designed to develop new methods or improve existing methods of
providing health services, and made program evaluation funds available
for any fiscal year ending after June 30, 1968.
Subsec. (f)(5). Pub. L. 90-174, 12(d)(1), inserted ''for'' before
''the expenses of travel''.
Subsec. (f)(6), (8). Pub. L. 90-174, 12(d)(2), substituted
''Department'' for ''Service''.
Subsec. (g)(4)(B). Pub. L. 90-174, 2(f), defined ''State'' to
include the Trust Territory of the Pacific Islands.
1966 -- Subsec. (a). Pub. L. 89-749 substituted provisions
authorizing the Surgeon General to make grants to States to assist in
comprehensive and continuing planning for their current and future
health needs, authorizing appropriations therefor, setting out the
requirements for an acceptable State plan for comprehensive State health
planning, covering the allotting of the appropriated sums to the States,
and the payment of the allotted funds, for provisions authorizing the
Surgeon General, through the use of grants and other assistance, to help
local programs of prevention, treatment, and control of venereal
diseases, covering the payment of the costs of assistance by personnel
of the Public Health Service to assist in carrying out the purposes of
the section with respect to venereal disease, and authorizing the
appropriation of funds.
Subsec. (b). Pub. L. 89-749 substituted provisions for project grants
by the Surgeon General covering the development of comprehensive
regional, metropolitan, or local coordination of existing and planned
health facilities and persons required for providing services and the
authorization of appropriations of $5,000,000 for fiscal 1967 and
$7,500,000 for fiscal 1968 for provisions authorizing the appropriation
of funds to enable the Surgeon General to aid in the development of
measures for the local prevention, treatment, and control of
tuberculosis.
Subsec. (c). Pub. L. 89-749 substituted provisions for project grants
for the development of improved or more effective comprehensive health
planning throughout the United States and the authorization of
appropriations of $1,500,000 for fiscal 1967 and $2,500,000 for fiscal
1968 for provisions authorizing the Surgeon General to assist, through
grants and otherwise, in the establishment and maintenance of adequate
public health services by States, counties, health districts, and other
political subdivisions, authorizing appropriations therefor, and
covering the allotment, payment, and allocation of appropriated funds.
Subsec. (d). Pub. L. 89-749 substituted provisions authorizing grants
by the Surgeon General to State health or mental health authorities to
assist in establishing and maintaining adequate public health services,
setting out the requirements for an acceptable State plan for the
supplying of public health services, authorizing an appropriation of
$62,500,000 for fiscal 1968, the allotment of appropriated funds,
payments to States, and the determination of the Federal share for
provisions covering the allotment of appropriated funds among the
several States on the basis of population, incidence of venereal
disease, tuberculosis, mental health problems, and the financial needs
of the various States.
Subsec. (e). Pub. L. 89-749 substituted provisions for project grants
for health services development to public or private nonprofit agencies
and for the authorization of an appropriation of $62,500,000 for fiscal
1968 for provisions covering the establishment and maintenance of
community programs of heart disease control and the allotments and
appropriations therefor.
Subsec. (f). Pub. L. 89-749 substituted provisions covering the
interchange of personnel with States, the application of statutes
covering Federal employees to interchanged personnel, and the coverage
of State officers and employees, for provisions for the determination
and certification of amounts paid to each State from allotments thereto.
Subsec. (g). Pub. L. 89-749 substituted provisions for consultation
with State health planning agencies concerning regulations and
amendments with respect to grants to States, the reduction of payments,
cessation of payments for non-compliance, and definitions, for
provisions limiting the expending of grant funds for purposes specified
by statute and by the agency, organization, or institution to which
payment was made.
Subsecs. (h) to (m). Pub. L. 89-749 struck out subsecs. (h) to (m)
which dealt, respectively, with requirement that State funds be provided
for same purpose as that for which allotted funds are spent, cessation
of Federal aid and procedures in connection therewith, promulgation of
rules and regulations and consultation with State health authorities
precedent thereto, availability of appropriated funds for administrative
expenses including printing and travel expenses, applicability of
section to Guam and Samoa, and reduction of payments commensurate to
expense of detailing of Public Health Service personnel to States.
1965 -- Subsec. (c). Pub. L. 89-109 substituted ''first six fiscal
years ending after June 30, 1961'' for ''first five fiscal years ending
after June 30, 1961'' and ''$5,000,000'' for ''$2,500,000''.
1962 -- Subsec. (l). Pub. L. 87-688 inserted ''and American Samoa'',
''or American Samoa'', and ''or American Samoa, respectively'' after
''Guam''.
1961 -- Subsec. (c). Pub. L. 87-395, 2(a)-(c), substituted ''of the
first five fiscal years ending after June 30, 1961, the sum of
$50,000,000'' for ''fiscal year a sum not to exceed $30,000,000'',
''such amount as may be necessary'' for ''an amount, not to exceed
$3,000,000'', ''$2,500,000'' for ''$1,000,000'', and provided that when
an appropriating act provides that the amounts it specifies are
available only for allotments and payments for such services and
activities under this subsection as specified in such act, the
requirements of subsec. (h) shall apply to such allotments and
payments.
Subsec. (m). Pub. L. 87-395, 2(d), added subsec. (m).
1958 -- Subsec. (c). Pub. L. 85-544 designated existing provisions
of second sentence as cl. (1) and added cl. (2).
1956 -- Subsec. (l). Act Aug. 1, 1956, added subsec. (l).
1948 -- Subsec. (e). Act June 16, 1948, 5(a), added subsec. (e) to
provide for community programs of heart disease control. Former subsec.
(e) redesignated (f).
Subsec. (f). Act June 16, 1948, 5(a), (b), redesignated former
subsec. (e) as (f) and inserted proviso relating to determination and
certification of amounts to be paid under subsec. (e). Former subsec.
(f) redesignated (g).
Subsec. (g). Act June 16, 1948, 5(a), (c), redesignated former
subsec. (f) as (g) and brought subsecs. (e) and (f)(1) within the
provisions of this subsection. Former subsec. (g) redesignated (h).
Subsec. (h). Act June 16, 1948, 5(a), (d), redesignated former
subsec. (g) as (h) and made subsection applicable to agencies,
institutions or other organizations specified in subsec. (f)(1).
Former subsec. (h) redesignated (i).
Subsec. (i). Act June 16, 1948, 5(a), (e), redesignated former
subsec. (h) as (i), made subsection applicable to subsec. (e), and
made technical changes as a result of the renumbering of subsections.
Former subsec. (i) redesignated (j).
Subsecs. (j), (k). Act June 16, 1948, 5(a), redesignated former
subsecs. (i) and (j) as (j) and (k), respectively.
1946 -- Subsec. (c). Act July 3, 1946, increased annual
appropriation from $20,000,000 to $30,000,000, and increased annual
amount available to provide demonstrations and to train personnel for
State and local health work from $2,000,000 to $3,000,000.
Subsec. (d). Act July 3, 1946, provided that Surgeon General shall
give special consideration to the extent of the mental health problem as
well as other special problems.
Subsecs. (f), (h), (i). Act July 3, 1946, provided that in matters
relating to work in field of mental health Surgeon General shall deal
with State mental health authorities where they differ from general
health authorities.
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 300aaa-12 of
this title.
Section 107(d) of Pub. L. 96-398 provided that the amendment made by
that section is effective Sept. 30, 1981. See Repeals note below.
Amendment by Pub. L. 96-79 effective one year after Oct. 4, 1979,
see section 129(a) of Pub. L. 96-79.
Section 201(b)(2) of Pub. L. 95-626 provided that the amendment made
by section is effective Oct. 1, 1979.
Section 403(b) of Pub. L. 91-648, as added by section 602(c) of Pub.
L. 95-454, provided that the repeal of subsec. (f) of this section (as
applicable to commissioned officers of the Public Health Service) is
effective beginning on the effective date of the Civil Service Reform
Act of 1978, i.e., 90 days after Oct. 13, 1978.
Section 102 of Pub. L. 94-63 provided that the amendment made by
that section is effective with respect to grants made under subsec. (d)
of this section from appropriations under such subsection for fiscal
years beginning after June 30, 1975.
Amendment by section 501(b) of 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.
Repeal of subsec. (f) of this section (less applicability to
commissioned officers of the Public Health Service) by section 403(a) of
Pub. L. 91-648, as amended by Pub. L. 94-454, 602(c), effective sixty
days after Jan. 5, 1971, see section 404 of Pub. L. 91-648, set out as
an Effective Date note under section 3371 of Title 5, Government
Organization and Employees.
Section 260(c)(2) of Pub. L. 91-515 provided that: ''The amendment
made by paragraph (1) (amending this section) shall be effective with
respect to grants under section 314(c) of the Public Health Service Act
(subsec. (e) of this section) which are made after the date of enactment
of this Act (Oct. 30, 1970.)''
Section 401(b)(1) of Pub. L. 91-296 provided that the amendment made
by that section is effective with respect to appropriations for fiscal
years beginning after June 30, 1970.
Section 2(d)(2), (f) of Pub. L. 90-174 provided that the amendments
made by that section are effective July 1, 1968.
Section 3(b) of Pub. L. 90-174 provided that the amendment of this
section, the repeal of section 291n of this title, and the enactment of
provisions set out as a note under section 242b of this title by such
section 3(b) is effective with respect to appropriations for fiscal
years ending after June 30, 1967.
Section 6 of Pub. L. 89-749 provided in part that: ''The amendments
made by section 3 (amending this section) shall become effective as of
July 1, 1966, except that the provisions of section 314 of the Public
Health Service Act (this section) as in effect prior to the enactment of
this Act shall be effective until July 1, 1967, in lieu of the
provisions of subsections (d) and (e), and the provisions of subsections
(g) insofar as they relate to such subsections (d) and (e), of section
314 of the Public Health Service Act (this section) as amended by this
Act.''
Section 4(b) of Pub. L. 87-688 provided that: ''The amendments made
by this section (amending this section and sections 291g, 291i, and 291t
of this title) shall become effective July 1, 1962.''
Section 2 of Pub. L. 85-544 provided that: ''The amendment made by
the first section of this Act (amending this section) shall be
applicable only to the fiscal years beginning July 1, 1958, and July 1,
1959.''
Section 18 of act Aug. 1, 1956, provided that the amendment made by
that section is effective July 1, 1956.
The directory language of, but not the amendment made by, Pub. L.
96-398, title I, 107(d), cited as a credit to this section and set out
as an Effective Date of 1980 Amendment note above, which provided for
repeal of subsec. (g) of this section, effective Sept. 30, 1981, was
repealed by section 902(e)(1) of Pub. L. 97-35, title IX, Aug. 13,
1981, 95 Stat. 560, effective Oct. 1, 1981.
Functions, powers, and duties of Secretary of Health and Human
Services under subsecs. (a)(2)(F) and (d)(2)(F) of this section,
insofar as relates to the prescription of personnel standards on a merit
basis, transferred to Office of Personnel Management, see section
4728(a)(3)(C) of this title.
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.
Pub. L. 101-582, Nov. 15, 1990, 104 Stat. 2867, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the 'Year 2000 Health Objectives Planning
Act'.
''SEC. 2. GRANTS FOR STATE PLANS REGARDING HEALTH OBJECTIVES FOR YEAR
2000.
''(a) In General. -- The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control, shall
make grants to the States for the purpose of assisting each State
receiving such a grant with the development of a State plan for
improving the health status of the population of the State.
''(b) Statewide Assessment Regarding Year 2000 Health Objectives. --
''(1) In general. -- The Secretary may not make a grant under
subsection (a) unless the State involved agrees subject to paragraph
(2), that in carrying out the purpose described in such subsection the
State will conduct a statewide assessment to determine the extent to
which the health status of the population of the State does not meet the
objectives established by the Secretary for the health status of the
population of the United States for the year 2000.
''(2) Designation of required determinations regarding objectives.
--
''(A) The Secretary may not make a grant under subsection (a) unless
the State involved agrees that the statewide assessment under paragraph
(1) will be conducted with respect to each of the year 2000 objectives
designated under subparagraph (B).
''(B) For purposes of subparagraph (A), the Secretary, acting through
the Director of the Centers for Disease Control and in consultation with
the States, shall designate the year 2000 objectives with respect to
which the statewide assessments under paragraph (1) are required to be
conducted.
''(C) Subject to compliance with subparagraph (A), a statewide
assessment under paragraph (1) may be conducted by a State with respect
to year 2000 objectives that are not designated under subparagraph (B).
''(c) Plan for Meeting Objectives. -- The Secretary may not make a
grant under subsection (a) unless the State involved agrees that --
''(1) in the case of each year 2000 objective that the statewide
assessment under subsection (b)(1) indicates is not met, the State plan
developed under subsection (a) will specify the activities that should
be carried out in order to meet or exceed the objective;
''(2) with respect to such activities, the plan will make
recommendations for the State and for political subdivisions of the
State, including recommendations for establishing or modifying public
health and health financing programs, for funding levels of such
programs, for maintaining sufficient numbers of appropriate personnel,
for collecting appropriate data, and for coordinating the public health
activities of the State and such subdivisions; and
''(3) not later than April 1, 1992, the State will submit to the
Secretary a copy of the completed plan, including a copy of the
statewide assessment under subsection (b)(1).
''SEC. 3. CERTAIN REQUIREMENTS REGARDING RECEIPT OF GRANT.
''(a) Submission of Statement Regarding Intended Scope of State
Assessment. -- The Secretary may not make a grant under section 2(a)
unless the State submits to the Secretary a statement describing the
intended scope of the statewide assessment under section 2(b)(1) that
will be conducted with the grant, including a specification of the year
2000 objectives with respect to which the assessment will be conducted.
''(b) Requirement of Application. -- The Secretary may not make a
grant under section 2(a) unless --
''(1) an application for the grant is submitted to the Secretary;
''(2) the application contains the statement required in subsection
(a); and
''(3) the application otherwise is made in such manner, and contains
such agreements, assurances, and information as the Secretary determines
to be necessary to carry out this Act.
''SEC. 4. GENERAL PROVISIONS.
''(a) Amount of Grant. -- In the case of any State whose application
under section 3(b) is approved, the amount of the grant under section
2(a) to the State shall, subject to the extent of amounts made available
in appropriations Acts, be the greater of --
''(1) $100,000; and
''(2) the amount determined by the Secretary, after consideration of
the statement submitted by the State pursuant to section 3(a), to be
appropriate with respect to carrying out the purpose described in
section 2(a).
''(b) Certain Assistance From Secretary. --
''(1) Technical assistance. -- The Secretary may, directly or through
grants or contracts, provide technical assistance to States regarding
the planning, development, and operation of programs to carry out the
purpose described in section 2(a).
''(2) Provision of supplies and services in lieu of grant payments.
--
''(A) Upon the request of a State receiving payments from a grant
under section 2(a), the Secretary may, subject to subparagraph (B),
provide supplies, equipment, and services for the purpose of aiding the
State in carrying out such section and, for such purpose, may detail to
the State any officer or employee of the Department of Health and Human
Services.
''(B) With respect to a request described in subparagraph (A), the
Secretary shall reduce the amount of payments under section 2(a) to the
State by an amount equal to the costs of detailing personnel and the
fair market value of any supplies, equipment, or services provided by
the Secretary. The Secretary shall, for the payment of expenses
incurred in complying with such request, expend the amounts withheld.
''(c) Report To Congress. -- Not later than September 30, 1992, the
Secretary shall submit to the Committee on Energy and Commerce of the
House of Representatives, and to the Committee on Labor and Human
Resources of the Senate, a report summarizing the statewide assessments
and State plans received by the Secretary under section 2(c)(3).
''SEC. 5. UNIFORM USE OF HEALTH-STATUS INDICATORS AND OF METHODS OF
COLLECTING AND REPORTING DATA.
''The Secretary, acting through the Director of the Centers for
Disease Control and in consultation with the States, shall --
''(1) develop a set of health-status indicators appropriate for
Federal, State, and local health agencies to measure health status;
''(2) develop model methods of collecting and reporting data on
whether the year 2000 objectives are being met;
''(3) encourage the uniform use by States and other entities of such
methods and such indicators in order to ensure the utility and
comparability of such data; and
''(4) develop national data sources to measure progress toward
meeting the year 2000 objectives.
''SEC. 6. DEFINITIONS.
''For purposes of this Act:
''(1) Secretary. -- The term 'Secretary' means the Secretary of
Health and Human Services.
''(2) State. -- The term 'State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
''(3) Year 2000 objectives. -- The term 'year 2000 objectives' means
the objectives described in section 2(b)(1).
''SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
''For the purpose of carrying out this Act, there is authorized to be
appropriated $10,000,000 for fiscal year 1991.''
Section 201(b)(1) of Pub. L. 95-626 provided that: ''The Congress
finds and declares that --
''(A) individual health status can be effectively and economically
improved through an adequate investment in community public health
programs and services;
''(B) the Federal Government and the States and their communities
share in the financial responsibility for funding public health
programs;
''(C) the Federal contribution to funds for public health programs
should serve as an incentive to an additional investment by State and
local governments;
''(D) existing categorical programs of Federal financial assistance
to combat specific public health problems should be supplemented by a
national program of stable generic support for such public health
activities as the prevention and control of environmental health
hazards, prevention and control of diseases, prevention and control of
health problems of particularly vulnerable population groups, and
development and regulation of health care facilities and health services
delivery systems; and
''(E) the States and their communities, not the Federal Government,
should have primary responsibility for identifying and measuring the
impact of public health problems and the allocation of resources for
their amelioration.''
Section 2 of Pub. L. 89-749 provided that:
''(a) The Congress declares that fulfillment of our national purpose
depends on promoting and assuring the highest level of health attainable
for every person, in an environment which contributes positively to
healthful individual and family living; that attainment of this goal
depends on an effective partnership, involving close intergovernmental
collaboration, official and voluntary efforts, and participation of
individuals and organizations; that Federal financial assistance must
be directed to support the marshaling of all health resources --
national, State, and local -- to assure comprehensive health services of
high quality for every person, but without interference with existing
patterns of private professional practice of medicine, dentistry, and
related healing arts.
''(b) To carry out such purpose, and recognizing the changing
character of health problems, the Congress finds that comprehensive
planning for health services, health manpower, and health facilities is
essential at every level of government; that desirable administration
requires strengthening the leadership and capacities of State health
agencies; and that support of health services provided people in their
communities should be broadened and made more flexible.''
Section 2 of act July 3, 1956, provided that:
''(a) The Congress hereby finds and declares --
''(1) that the latest information on the number and relevant
characteristics of persons in the country suffering from heart disease,
cancer, diabetes, arthritis and rheumatism, and other diseases,
injuries, and handicapping conditions is now seriously out of date; and
''(2) that periodic inventories providing reasonably current
information on these matters are urgently needed for purposes such as
(A) appraisal of the true state of health of our population (including
both adults and children), (B) adequate planning of any programs to
improve their health, (C) research in the field of chronic diseases, and
(D) measurement of the numbers of persons in the working ages so
disabled as to be unable to perform gainful work.
''(b) It is, therefore, the purpose of this Act (see Short Title of
1956 Amendment note set out under section 201 of this title) to provide
(1) for a continuing survey and special studies to secure on a
non-compulsory basis accurate and current statistical information on the
amount, distribution, and effects of illness and disability in the
United States and the services received for or because of such
conditions; and (2) for studying methods and survey techniques for
securing such statistical information, with a view toward their
continuing improvement.''
Section 2 of Pub. L. 85-544, which had limited the authority of the
Surgeon General to make grants-in-aid totaling not to exceed $1,000,000
annually to schools of public health for fiscal year beginning July 1,
1958, and July 1, 1959, was repealed by section 2 of Pub. L. 86-720,
Sept. 8, 1960, 74 Stat. 820.
The Poliomyelitis Vaccination Assistance Act of 1955, act Aug. 12,
1955, ch. 863, 69 Stat. 704, as amended Feb. 15, 1956, ch. 39, 70
Stat. 18, authorized appropriations to remain available until close of
June 30, 1957 and provided for allotments to States, State application
for funds, payments to States, use of funds paid to States, furnishing
of vaccine by Surgeon General, diversion of Federal funds, supervision
over exercise of functions, and definitions.
Section 7 of Pub. L. 89-749 provided that: ''The provisions enacted
by this Act (amending this section and sections 242g and 243 of this
title) shall be subject to the provisions of Reorganization Plan No. 3
of 1966 (set out as a note under section 202 of this title).''
48 section 1666.
42 USC 246a. Bureau of State Services management fund; establishment;
advancements; availability
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of facilitating the economical and efficient conduct
of operations in the Bureau of State Services which are financed by two
or more appropriations where the costs of operation are not readily
susceptible of distribution as charges to such appropriations, there is
established the Bureau of State Services management fund. Such amounts
as the Secretary may determine to represent a reasonable distribution of
estimated costs among the various appropriations involved may be
advanced each year to this fund and shall be available for expenditure
for such costs under such regulations as may be prescribed by the
Secretary: Provided, That funds advanced to this fund shall be
available only in the fiscal year in which they are advanced: Provided
further, That final adjustments of advances in accordance with actual
costs shall be effected wherever practicable with the appropriations
from which such funds are advanced.
(Pub. L. 86-703, title II, 201, Sept. 2, 1960, 74 Stat. 765; Pub.
L. 91-515, title II, 282, Oct. 30, 1970, 84 Stat. 1308.)
Section was not enacted as part of the Public Health Service Act
which comprises this chapter.
1970 -- Pub. L. 91-515 substituted ''Secretary'' for ''Surgeon
General'' wherever appearing.
42 USC 247. Omitted
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 315, as added Oct.
4, 1988, Pub. L. 100-471, 1, 102 Stat. 2284, which related to grants
for treatment drugs for acquired immune deficiency syndrome, ceased to
exist Mar. 31, 1989, pursuant to subsec. (d) thereof.
A prior section 247, act July 1, 1944, ch. 373, title III, 315, as
added Nov. 10, 1978, Pub. L. 95-626, title II, 203, 92 Stat. 3578,
and amended July 10, 1979, Pub. L. 96-32, 6(h), 93 Stat. 83, which
related to formula grants to States for preventive health service
programs, was repealed by Pub. L. 99-117, 12(b), Oct. 7, 1985, 99
Stat. 495.
Another prior section 247, acts July 1, 1944, ch. 373, title III,
315, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91-515, title II, 282, 84
Stat. 1308, which provided for publication of health educational
information, was repealed by Pub. L. 93-353, title I, 102(a), July 23,
1974, 88 Stat. 362. See section 242o(b) of this title.
42 USC 247a. Family support groups for Alzheimer's disease patients
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; priorities
Subject to available appropriations, the Secretary, acting through
the National Institute of Mental Health, the National Institutes of
Health, and the Administration on Aging, shall promote the establishment
of family support groups to provide, without charge, educational,
emotional, and practical support to assist individuals with Alzheimer's
disease or a related memory disorder and members of the families of such
individuals. In promoting the establishment of such groups, the
Secretary shall give priority to --
(1) university medical centers and other appropriate health care
facilities which receive Federal funds from the Secretary and which
conduct research on Alzheimer's disease or provide services to
individuals with such disease; and
(2) community-based programs which receive funds from the Secretary,
acting through the Administration on Aging.
(b) National network to coordinate groups
The Secretary shall promote the establishment of a national network
to coordinate the family support groups described in subsection (a) of
this section.
(c) Report to Congress
The Secretary shall report to Congress, not later than one year after
May 23, 1986, on family support groups and the network of such groups
established pursuant to this section.
(July 1, 1944, ch. 373, title III, 316, as added May 23, 1986, Pub.
L. 99-319, title IV, 401, 100 Stat. 489.)
A prior section 247a, act July 1, 1944, ch. 373, title III, 316, as
added Nov. 10, 1978, Pub. L. 95-626, title II, 208(a), 92 Stat.
3586, and amended Aug. 13, 1981, Pub. L. 97-35, title XXI,
2193(a)(1)(A), 95 Stat. 826, which related to lead-based paint
poisoning prevention programs, was repealed by Pub. L. 97-35, title
XXI, 2193(b)(1), Aug. 13, 1981, 95 Stat. 827.
Another prior section 247a, act July 1, 1944, ch. 373, title III,
316, as added Oct. 30, 1970, Pub. L. 91-515, title II, 281, 84 Stat.
1307, providing for the establishment, composition, qualifications of
members, terms of office, vacancies, reappointment, compensation, travel
expenses, and functions of the National Advisory Council on
Comprehensive Health Planning Programs, was repealed by Pub. L. 93-641,
5(d), Jan. 4, 1975, 88 Stat. 2275.
42 USC 247b. Project grants for preventive health services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grant authority
The Secretary may make grants to States, and in consultation with
State health authorities, to political subdivisions of States and to
other public entities to assist them in meeting the costs of
establishing and maintaining preventive health service programs.
(b) Application
No grant may be made under subsection (a) of this section unless an
application therefor has been submitted to, and approved by, the
Secretary. Such an application shall be in such form and be submitted
in such manner as the Secretary shall by regulation prescribe and shall
provide --
(1) a complete description of the type and extent of the program for
which the applicant is seeking a grant under subsection (a) of this
section;
(2) with respect to each such program (A) the amount of Federal,
State, and other funds obligated by the applicant in its latest annual
accounting period for the provision of such program, (B) a description
of the services provided by the applicant in such program in such
period, (C) the amount of Federal funds needed by the applicant to
continue providing such services in such program, and (D) if the
applicant proposes changes in the provision of the services in such
program, the priorities of such proposed changes, reasons for such
changes, and the amount of Federal funds needed by the applicant to make
such changes;
(3) assurances satisfactory to the Secretary that the program which
will be provided with funds under a grant under subsection (a) of this
section will be provided in a manner consistent with the State health
plan in effect under section 300m-3(c) /1/ of this title and in those
cases where the applicant is a State, that such program will be
provided, where appropriate, in a manner consistent with any plans in
effect under an application approved under section 247 /1/ of this
title;
(4) assurances satisfactory to the Secretary that the applicant will
provide for such fiscal control and fund accounting procedures as the
Secretary by regulation prescribes to assure the proper disbursement of
and accounting for funds received under grants under subsection (a) of
this section;
(5) assurances satisfactory to the Secretary that the applicant will
provide for periodic evaluation of its program or programs;
(6) assurances satisfactory to the Secretary that the applicant will
make such reports (in such form and containing such information as the
Secretary may by regulation prescribe) as the Secretary may reasonably
require and keep such records and afford such access thereto as the
Secretary may find necessary to assure the correctness of, and to
verify, such reports;
(7) assurances satisfactory to the Secretary that the applicant will
comply with any other conditions imposed by this section with respect to
grants; and
(8) such other information as the Secretary may by regulation
prescribe.
(c) Approval; annual project review
(1) The Secretary shall not approve an application submitted under
subsection (b) of this section for a grant for a program for which a
grant was previously made under subsection (a) of this section unless
the Secretary determines --
(A) the program for which the application was submitted is operating
effectively to achieve its stated purpose,
(B) the applicant complied with the assurances provided the Secretary
when applying for such previous grant, and
(C) the applicant will comply with the assurances provided with the
application.
(2) The Secretary shall review annually the activities undertaken by
each recipient of a grant under subsection (a) of this section to
determine if the program assisted by such grant is operating effectively
to achieve its stated purposes and if the recipient is in compliance
with the assurances provided the Secretary when applying for such grant.
(d) Amount of grant; payment
The amount of a grant under subsection (a) of this section shall be
determined by the Secretary. Payments under such grants may be made in
advance on the basis of estimates or by the way of reimbursement, with
necessary adjustments on account of underpayments or overpayments, and
in such installments and on such terms and conditions as the Secretary
finds necessary to carry out the purposes of such grants.
(e) Reduction
The Secretary, at the request of a recipient of a grant under
subsection (a) of this section, may reduce the amount of such grant by
--
(1) the fair market value of any supplies (including vaccines and
other preventive agents) or equipment furnished the grant recipient, and
(2) the amount of the pay, allowances, and travel expenses of any
officer or employee of the Government when detailed to the grant
recipient and the amount of any other costs incurred in connection with
the detail of such officer or employee,
when the furnishing of such supplies or equipment or the detail of
such an officer or employee is for the convenience of and at the request
of such grant recipient and for the purpose of carrying out a program
with respect to which the grant under subsection (a) of this section is
made. The amount by which any such grant is so reduced shall be
available for payment by the Secretary of the costs incurred in
furnishing the supplies or equipment, or in detailing the personnel, on
which the reduction of such grant is based, and such amount shall be
deemed as part of the grant and shall be deemed to have been paid to the
grant recipient.
(f) Recordkeeping; audit authority
(1) Each recipient of a grant under subsection (a) of this section
shall keep such records as the Secretary shall by regulation prescribe,
including records which fully disclose the amount and disposition by
such recipient of the proceeds of such grant, the total cost of the
undertaking in connection with which such grant was made, and the amount
of that portion of the cost of the undertaking supplied by other
sources, and such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipient of grants under subsection (a) of this
section that are pertinent to such grants.
(g) Use of grant funds; mandatory treatment prohibited
(1) Nothing in this section shall limit or otherwise restrict the use
of funds which are granted to a State or to an agency or a political
subdivision of a State under provisions of Federal law (other than this
section) and which are available for the conduct of preventive health
service programs from being used in connection with programs assisted
through grants under subsection (a) of this section.
(2) Nothing in this section shall be construed to require any State
or any agency or political subdivision of a State to have a preventive
health service program which would require any person, who objects to
any treatment provided under such a program, to be treated or to have
any child or ward treated under such program.
(h) Reports
The Secretary shall include, as part of the report required by
section 300u-4 of this title, a report on the extent of the problems
presented by the diseases and conditions referred to in subsection (j)
of this section; on the amount of funds obligated under grants under
subsection (a) of this section in the preceding fiscal year for each of
the programs listed in subsection (j) of this section; and on the
effectiveness of the activities assisted under grants under subsection
(a) of this section in controlling such diseases and conditions.
(i) Technical assistance
The Secretary may provide technical assistance to States, State
health authorities, and other public entities in connection with the
operation of their preventive health service programs.
(j) Authorization of appropriations
(1)(A) Except for grants for immunization programs the authorization
of appropriations for which are established in subparagraph (B), for
grants under subsections (a) and (k)(1) of this section for preventive
health service programs to immunize without charge individuals against
vaccine-preventable diseases, there are authorized to be appropriated
$205,000,000 for fiscal year 1991, and such sums as may be necessary for
each of the fiscal years 1992 through 1995. Not more than 10 percent of
the total amount appropriated under the preceding sentence for any
fiscal year shall be available for grants under subsection (k)(1) of
this section for such fiscal year.
(B) For grants under subsection (a) of this section for preventive
health service programs for the provision without charge of
immunizations with vaccines approved for use, and recommended for
routine use, after October 1, 1990, there are authorized to be
appropriated such sums as may be necessary.
(2) For grants under subsection (a) of this section for preventive
health service programs for the prevention, control, and elimination of
tuberculosis, and for grants under subsection (k)(2) of this section,
there are authorized to be appropriated $24,000,000 for fiscal year
1988, $31,000,000 for fiscal year 1989, $36,000,000 for fiscal year
1990, $36,000,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 through 1995. Not more than
10 percent of the total amount appropriated under the preceding sentence
for any fiscal year shall be available for grants under subsection
(k)(2) of this section for such fiscal year.
(k) Additional grants to States, political subdivisions, and other
public and nonprofit private entities
(1) The Secretary may make grants to States, political subdivisions
of States, and other public and nonprofit private entities for --
(A) research into the prevention and control of diseases that may be
prevented through vaccination;
(B) demonstration projects for the prevention and control of such
diseases;
(C) public information and education programs for the prevention and
control of such diseases; and
(D) education, training, and clinical skills improvement activities
in the prevention and control of such diseases for health professionals
(including allied health personnel).
(2) The Secretary may make grants to States, political subdivisions
of States, and other public and nonprofit private entities for --
(A) research into the prevention, control, and elimination of
tuberculosis, especially research concerning strains of tuberculosis
resistant to drugs and research concerning cases of tuberculosis that
affect certain populations;
(B) demonstration projects for the prevention, control, and
elimination of tuberculosis;
(C) public information and education programs for prevention,
control, and elimination of tuberculosis; and
(D) education, training, and clinical skills improvement activities
in the prevention, control, and elimination of tuberculosis for health
professionals, including allied health personnel.
(3) The Secretary may make grants to States, political subdivisions
of States, and other public and nonprofit private entities for --
(A) research into the prevention and control of diseases and
conditions;
(B) demonstration projects for the prevention and control of such
diseases and conditions;
(C) public information and education programs for the prevention and
control of such diseases and conditions; and
(D) education, training, and clinical skills improvement activities
in the prevention and control of such diseases and conditions for health
professionals (including allied health personnel).
(4) No grant may be made under this subsection unless an application
therefor is submitted to the Secretary in such form, at such time, and
containing such information as the Secretary may by regulation
prescribe.
(5) Subsections (d), (e), and (f) of this section shall apply to
grants under this subsection in the same manner as such subsections
apply to grants under subsection (a) of this section.
(l) Advisory Council for the Elimination of Tuberculosis
(1) The Secretary shall establish an advisory council to be known as
the Advisory Council for the Elimination of Tuberculosis (hereafter in
this subsection referred to as the ''Council''). The Council shall
provide advice and recommendations regarding the elimination of
tuberculosis to the Secretary, the Assistant Secretary for Health, and
the Director of the Centers for Disease Control.
(2) With respect to the elimination of tuberculosis, the Council
shall --
(A) in making recommendations under paragraph (1), make
recommendations regarding policies, strategies, objectives, and
priorities;
(B) address the development and application of new technologies; and
(C) review the extent to which progress has been made toward
eliminating tuberculosis.
(3) The Secretary shall determine the size and composition of the
Council, and the frequency and scope of official meetings of the
Council.
(4) The Secretary shall provide to the Council such staff,
information, and other assistance as may be necessary to carry out the
duties of the Council.
(July 1, 1944, ch. 373, title III, 317, as added Oct. 23, 1962, Pub.
L. 87-868, 2, 76 Stat. 1155, and amended Aug. 5, 1965, Pub. L. 89-109,
2, 79 Stat. 435; Oct. 16, 1970, Pub. L. 91-464, 2, 84 Stat. 988;
Sept. 30, 1972, Pub. L. 92-449, title I, 101, 86 Stat. 748; July 23,
1974, Pub. L. 93-354, 4, 88 Stat. 376; July 29, 1975, Pub. L. 94-63,
title VI, 601, 89 Stat. 346; June 23, 1976, Pub. L. 94-317, title II,
202(a), 90 Stat. 700; Aug. 12, 1976, Pub. L. 94-380, 2, 90 Stat.
1113; Nov. 10, 1978, Pub. L. 95-626, title II, 202, 204(b)(2), 92
Stat. 3574, 3583; July 10, 1979, Pub. L. 96-32, 6(i), 93 Stat. 83;
Aug. 13, 1981, Pub. L. 97-35, title IX, 928, 95 Stat. 569; Oct. 30,
1984, Pub. L. 98-555, 2, 98 Stat. 2854; Oct. 7, 1985, Pub. L. 99-117,
11(c), 99 Stat. 495; Dec. 1, 1987, Pub. L. 100-177, title I, 110(a),
111, 101 Stat. 990, 991; Aug. 15, 1990, Pub. L. 101-368, 2, 104 Stat.
446; Nov. 3, 1990, Pub. L. 101-502, 2(a), 104 Stat. 1285.)
Section 300m-3 of this title, referred to in subsec. (b)(3), was
repealed by Pub. L. 99-660, title VII, 701(a), Nov. 14, 1986, 100
Stat. 3799.
Section 247 of this title, referred to in subsec. (b)(3), was
repealed by Pub. L. 99-117, 12(b), Oct. 7, 1985, 99 Stat. 495.
1990 -- Subsec. (j)(1)(A). Pub. L. 101-502, 2(a)(1), substituted
provisions authorizing appropriations for fiscal years 1991 through 1995
for provisions authorizing appropriations for fiscal years 1988 through
1990.
Subsec. (j)(1)(B). Pub. L. 101-502, 2(a)(2), substituted Oct. 1,
1990, for Dec. 1, 1987, and provisions authorizing appropriations as
may be necessary for provisions authorizing appropriations for fiscal
years 1988 to 1990.
Subsec. (j)(1)(C). Pub. L. 101-502, 2(a)(3), struck out subpar. (C)
which, on the implementation of part 2 of subchapter XIX of this
chapter, authorized appropriations for grants under subsec. (a) of this
section for fiscal years 1988 to 1990.
Subsec. (j)(2). Pub. L. 101-368, 2(c), inserted provisions
authorizing appropriations of $36,000,000 for fiscal year 1991, and such
sums as may be necessary for fiscal years 1992 through 1995.
Pub. L. 101-368, 2(a)(1), substituted ''preventive health service
programs for the prevention, control, and elimination of tuberculosis''
for ''preventive health service programs for tuberculosis''.
Subsec. (k)(2)(A) to (D). Pub. L. 101-368, 2(a)(2), substituted
''prevention, control, and elimination'' for ''prevention and control''.
Subsec. (l). Pub. L. 101-368, 2(b), added subsec. (l).
1987 -- Subsec. (j). Pub. L. 100-177, 110(a), 111(a), amended
subsec. (j) generally, substituting provisions authorizing
appropriations for fiscal years 1988 to 1990 for grants under subsecs.
(a) and (k) of this section for former provisions authorizing
appropriations for fiscal years 1982 to 1987 for grants under subsec.
(a) of this section.
Subsec. (k). Pub. L. 100-177, 111(b), added subsec. (k).
1985 -- Subsec. (j). Pub. L. 99-117 amended directory language of
Pub. L. 97-35, 928(b), to correct a technical error. See 1981
Amendment note below.
1984 -- Subsec. (j)(1). Pub. L. 98-555, 2(a), substituted
''immunize individuals against vaccine-preventable diseases'' for
''immunize children against immunizable diseases'' and inserted
provisions authorizing appropriations for fiscal years ending Sept. 30,
1985, 1986, and 1987.
Subsec. (j)(2). Pub. L. 98-555, 2(b), inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1985,
1986, and 1987.
1981 -- Subsec. (a). Pub. L. 97-35, 928(a), struck out par. (1)
which related to grants to State health authorities, and redesignated
par. (2) as entire section and, as so redesignated, struck out
reference to former par. (1).
Subsec. (j). Pub. L. 97-35, 928(b), as amended by Pub. L. 99-117,
substituted provisions authorizing appropriations for fiscal years
ending Sept. 30, 1982, 1983, and 1984, for provisions setting forth
appropriations through fiscal year ending Sept. 30, 1981, and
provisions setting forth limitations, conditions, etc., for
appropriations.
1979 -- Subsec. (j)(4), (5). Pub. L. 96-32 added par. (4),
redesignated former par. (4) as (5) and, in par. (5) as so
redesignated, substituted ''paragraph (1), (2), (3), or (4)'' for
''paragraph (1), (2), or (3)''.
1978 -- Pub. L. 95-626, 202, amended section generally,
substituting provisions relating to project grants for preventive health
services for provisions relating to grants for disease control programs.
Subsec. (g)(2). Pub. L. 95-626, 204(b)(2), struck out ''Except as
provided in section 247c of this title,'' before ''No funds appropriated
under any provision of this chapter''.
1976 -- Pub. L. 94-317 amended section generally to include many
non-communicable diseases as well as expanding coverage of communicable
diseases, increased appropriations for grants, widened scope of
Secretary's authority to make grants and enter into contracts to include
nonprofit private entities, and required a report from the Secretary on
the effectiveness of all Federal and other public and private activities
in controlling the diseases covered under this section.
Subsecs. (j) to (l). Pub. L. 94-380 added subsecs. (j) to (l).
1975 -- Subsec. (d)(3). Pub. L. 94-63, 601(b), inserted
authorization of appropriation for fiscal year 1976.
Subsec. (h)(1). Pub. L. 94-63, 601(a), inserted reference to
diseases borne by rodents.
1974 -- Subsec. (a). Pub. L. 93-354, 4(1)-(3), substituted
''communicable and other disease control'' for ''communicable disease
control'', ''communicable and other diseases'' for ''communicable
diseases'', and ''communicable and other disease control program'' for
''communicable disease program''.
Subsec. (b)(2)(C). Pub. L. 93-354, 4(1), (4), substituted
''communicable or other disease'' for ''communicable disease'' in cl.
(i) and ''communicable and other disease control'' for ''communicable
disease control'' in cl. (ii).
Subsecs. (b)(3), (d)(1), (2), (3), (f)(1). Pub. L. 93-354, 4(1),
substituted ''communicable and other disease control'' for
''communicable disease control''.
Subsec. (h)(1). Pub. L. 93-354, 4(1), (5), substituted
''communicable and other disease control'' for ''communicable disease
control'' in two places and inserted reference to diabetes mellitus.
Subsec. (i). Pub. L. 93-354, 4(1), substituted ''communicable and
other disease control'' for ''communicable disease control''.
1972 -- Subsec. (a). Pub. L. 92-449 substituted provision for grants
by the Secretary in consultation with the State health authority to
agencies and political subdivisions of States, for former provision for
grants by the Secretary with the approval of the State health authority
to political subdivisions or instrumentalities of States, incorporated
existing provisions in provision designated as cl. (1), inserting '',
in the area served by the applicant for the grant,'', substituted a cl.
(2) reading ''design of the applicant's communicable disease program to
determine its effectiveness'', for former provision reading ''levels of
performance in preventing and controlling such diseases'', struck out
appropriations authorization of $75,000,000 and $90,000,000 for fiscal
years ending June 30, 1971, and 1972, now covered for subsequent years
in subsec. (d), and struck out provision for use of grants to meet cost
of studies to determine the control needs of communities and the means
of best meeting such needs, now covered in subsec. (h)(1) of this
section.
Subsec. (b). Pub. L. 92-449 substituted provisions of par. (1)
respecting applications for grants, submission, approval, form, and
content of applications; par. (2) respecting application requirements;
and par. (3) incorporating former subsec. (g) provisions respecting
consent of individuals for former definitions provision now incorporated
in subsec. (h) of this section.
Subsec. (c). Pub. L. 92-449 designated existing provisions as par.
(1) and among minor punctuation changes inserted ''under grants'' after
''Payments''; and redesignated former subsec. (d) as par. (2),
inserted ''of the Government'' after ''officer or employee'',
substituted ''in detailing the personnel'' for ''personal services'',
and struck out provision that reduced amount shall, for purposes of
subsec. (c), be deemed to have been paid to the agency.
Subsec. (d). Pub. L. 92-449 substituted provisions respecting
authorization of appropriations and limitation on use of funds for
provisions respecting grant reduction.
Subsec. (e). Pub. L. 92-449 substituted provisions for emergency plan
development and authorization of appropriations for provisions relating
to use of funds.
Subsec. (f). Pub. L. 92-449 substituted provisions respecting
conditional limitation on use of funds for provisions for an annual
report.
Subsec. (g). Pub. L. 92-449 incorporated former subsec. (f)
provisions in introductory text and cl. (3), prescribed a January 1
submission date, and inserted provisions of cls. (1), (2), and (4).
Former subsec. (g) consent of individuals provision respecting
communicable disease control and vaccination assistance were covered in
subsec. (b)(3) of this section and section 247c(h) of this title.
Subsec. (h). Pub. L. 92-449 redesignated former subsec. (b) as (h),
substituted in introductory text ''this section'' for ''this
subsection'', and in par. (1) struck out ''venereal disease'' after
''tuberculosis,'', inserted ''(other than venereal disease)'' after
''other communicable diseases'', and included in definition of
''communicable disease control program'' vaccination programs,
laboratory services, and control studies.
Subsec. (i). Pub. L. 92-449 redesignated former subsec. (e) as (i),
inserted reference to agency of a State, and substituted ''under
provisions of Federal law (other than this chapter)'' for ''under other
provisions of this chapter or other Federal law''.
1970 -- Subsec. (a). Pub. L. 91-464 authorized appropriation of
$75,000,000 for fiscal year ending June 30, 1971, and $90,000,000 for
fiscal year ending June 30, 1972, and made award of grants dependent
upon extent of communicable disease and success of programs and
permitted use of grants for meeting cost of programs and studies to
control communicable diseases and struck out reference to purchase of
vaccines and use of grants for salaries and expenses of personnel and to
authority of the Surgeon General.
Subsec. (b). Pub. L. 91-464 substituted definitions of ''communicable
disease control program'' and ''State'' for definition of ''immunization
program''.
Subsec. (c). Pub. L. 91-464 substituted reference to Secretary for
reference to Surgeon General and struck out provisions relating to
purchasing and furnishing of vaccines and requirement of obtaining
assurances from recipients of grants.
Subsec. (d). Pub. L. 91-464 substituted reference to Secretary for
reference to Surgeon General and struck out reference to Public Health
Service.
Subsec. (e). Pub. L. 91-464 struck out reference to title V of the
Social Security Act and substituted provisions for the use of funds for
the conduct of communicable disease control programs for provisions for
the purchase of vaccine or for organizing, promoting, conducting, or
participating in immunization programs.
Subsecs. (f), (g). Pub. L. 91-464 added subsecs. (f) and (g).
1965 -- Subsec. (a). Pub. L. 89-109, 2(a), (b), (d)(1), inserted
''and each of the next three fiscal years'', substituted ''any fiscal
year ending prior to July 1, 1968'' for ''the fiscal years ending June
30, 1963, and June 30, 1964'', ''tetanus, and measles'' for ''and
tetanus'', ''of preschool age'' for ''under the age of five years'', and
''immunization'' for ''intensive community vaccination'', and permitted
grants to be used to pay costs in connection with immunization of other
infectious diseases.
Subsec. (b). Pub. L. 89-109, 2(c), (d)(1), substituted ''against the
diseases referred to in subsection (a) of this section'' for ''against
poliomyelitis, diphtheria, whooping cough, and tetanus'', ''of preschool
age'' for ''who are under the age of five years'' and ''immunization''
for ''intensive community vaccination'' in two places.
Subsec. (c). Pub. L. 89-109, 2(d)(1), (e), inserted ''on the basis
of estimates'' and ''(with necessary adjustments on account of
underpayments or overpayments)'' in par. (1), and substituted
''immunization'' for ''intensive community vaccination'' in pars. (2)
and (3).
Section 202 of Pub. L. 95-626, as amended by Pub. L. 96-32, 6(g),
July 10, 1979, 93 Stat. 83, provided that the amendment made by that
section is effective Oct. 1, 1978.
Section 202(a) of Pub. L. 94-317 provided that the amendment made by
that section is effective with respect to grants under this section for
fiscal years beginning after June 30, 1975.
Section 608 of title VI of Pub. L. 94-63 provided that: ''Except as
may otherwise be specifically provided, the amendments made by this
title (enacting sections 300c-21 and 300c-22 of this title, amending
this section, and enacting provisions set out as notes under sections
289, 289k-2, and 1395x of this title) and by titles I (amending section
246 of this title and enacting provisions set out as notes under section
246 of this title), II (enacting sections 300a-6a and 300a-8 of this
title, amending sections 300 and 300a-1 to 300a-4 of this title,
repealing section 3505c of this title, and enacting provision set out as
a note under section 300 of this title), III (enacting sections 2689 to
2689aa of this title, amending sections 2691 and 2693 to 2696 of this
title, and enacting provisions set out as notes under section 2689 of
this title), IV (amending sections 218 and 254b of this title and
enacting provision set out as a note under section 254b of this title),
and V (enacting section 254c of this title and amending section 246 of
this title) of this Act shall take effect July 1, 1975. The amendments
made by this title and by such titles to the provisions of law amended
by this title and by such titles are made to such provisions as amended
by title VII of this Act (amending sections 246, 254b, 300, 300a-1 to
300a-3 of this title and sections 2681, 2687, 2688a, 2688d, 2688j-1,
2688j-2, 2688l, 2688l-1, 2688n-1, 2688o, and 2688u of this title).''
Section 102 of Pub. L. 92-449 provided that: ''The amendment made
by section 101 of this title (amending this section) shall apply to
grants made under section 317 of the Public Health Service Act (this
section) after June 30, 1972, except that subsection (d) of such section
as amended by section 101 (subsec. (d) of this section) shall take
effect on the date of enactment of this Act (Sept. 30, 1972).''
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93-641, 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.
Pub. L. 94-420, 3, Sept. 23, 1976, 90 Stat. 1301, provided that,
in order to assist Secretary of Health, Education, and Welfare in
carrying out National Swine Flu Immunization Program of 1976 pursuant to
42 U.S.C. 247b(j), as added by Pub. L. 94-380, Administrator of
Veterans' Affairs, in accordance with 42 U.S.C. 2476(j), could
authorize administration of vaccine, procured under such program and
provided by Secretary at no cost to Veterans' Administration, to
eligible veterans (voluntarily requesting such vaccine) in connection
with provision of care for a disability under chapter 17 of title 38, in
any health care facility under jurisdiction of Administrator, and
provided for consideration and processing of claims and suits for
damages for personal injury or death, in connection with administration
of vaccine.
Protective Approaches; Report to Congress
Section 3 of Pub. L. 94-380 directed Secretary to conduct a study of
liability for personal injuries or death arising out of immunization
programs and of alternative approaches to provide protection against
such liability and report to Congress on findings of such study by Aug.
12, 1977.
/1/ See References in Text note below.
42 USC 247b-1. Lead poisoning prevention
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants to States
The Secretary, acting through the Director of the Centers for Disease
Control, may make grants to States and agencies of units of local
governments for the initiation and expansion of community programs
designed to (1) screen infants and children for elevated blood lead
levels, (2) assure referral for treatment of, and environmental
intervention for, infants and children with such blood lead levels, and
(3) provide education about childhood lead poisoning. In making grants
under this paragraph, the Secretary shall give priority to applications
for programs which will serve areas with a high incidence of elevated
blood lead levels in infants and children.
(b) Grant applications
(1) No grant may be made under subsection (a) of this section, unless
an application therefor has been submitted to, and approved by, the
Secretary. Such an application shall be in such form and shall be
submitted in such manner as the Secretary shall prescribe and shall
include each of the following:
(A) A complete description of the program which is to be provided by
or through the applicant.
(B) Assurances satisfactory to the Secretary that the program to be
provided under the grant applied for will include educational programs
designed to communicate to parents, educators, and local health
officials the significance and prevalence of lead poisoning in infants
and children which the program is designed to detect and prevent.
(C) Assurances satisfactory to the Secretary that the applicant will
report on a quarterly basis the number of infants and children screened
for elevated blood lead levels, the number of infants and children who
were found to have elevated blood lead levels, the number and type of
medical referrals made for such infants and children, the outcome of
such referrals, and other information to measure program effectiveness
as required under paragraph (2).
(D) Assurances satisfactory to the Secretary that the applicant will
make such reports respecting the program involved as the Secretary may
require.
(E) Such other information as the Secretary may prescribe.
(2) The Secretary shall prepare and submit a report to the Committee
on Energy and Commerce of the United States House of Representatives and
to the Committee on Labor and Human Resources of the United States
Senate not later than one year after October 31, 1988, and annually
thereafter, on the effectiveness during the period reported on of the
programs assisted under grants under subsection (a) of this section.
(c) Maintenance of effort
No grant may be made under subsection (a) of this section unless the
Secretary determines that there is satisfactory assurance that Federal
funds made available under such a grant for any period will be so used
as to supplement and, to the extent practical, increase the level of
State, local, and other non-Federal funds that would, in the absence of
such Federal funds, be made available for the program for which the
grant is to be made and will in no event supplant such State, local, and
other non-Federal funds.
(d) Coordination
No grant may be made under subsection (a) of this section unless the
Secretary determines that there will be coordination between the
recipient of the grant and activities within the State in which the
grantee is located under titles V and XIX of the Social Security Act (42
U.S.C. 701 et seq., 1396 et seq.) relating to lead poisoning prevention.
(e) Method and amount of payment
The Secretary shall determine the amount of a grant made under
subsection (a) of this section. Payments under such grants may be made
in advance on the basis of estimates or by way of reimbursement, with
necessary adjustments on account of underpayments or overpayments, and
in such installments and on such terms and conditions as the Secretary
finds necessary to carry out the purposes of such grants. Not more than
10 percent of any grant may be obligated for administrative costs.
(f) Supplies, equipment, and employee detail
The Secretary, at the request of a recipient of a grant under
subsection (a) of this section, may reduce the amount of such grant by
--
(1) the fair market value of any supplies or equipment furnished the
grant recipient, and
(2) the amount of the pay, allowances, and travel expenses of any
officer or employee of the Government when detailed to the grant
recipient and the amount of any other costs incurred in connection with
the detail of such officer or employee,
when the furnishing of such supplies or equipment or the detail of
such an officer or employee is for the convenience of and at the request
of such grant recipient and for the purpose of carrying out a program
with respect to which the grant under subsection (a) of this section is
made. The amount by which any such grant is so reduced shall be
available for payment by the Secretary of the costs incurred in
furnishing the supplies or equipment, or in detailing the personnel, on
which the reduction of such grant is based, and such amount shall be
deemed as part of the grant and shall be deemed to have been paid to the
grant recipient.
(g) Records
Each recipient of a grant under subsection (a) of this section shall
keep such records as the Secretary shall prescribe, including records
which fully disclose the amount and disposition by such recipient of the
proceeds of such grant, the total cost of the undertaking in connection
with which such grant was made, and the amount of that portion of the
cost of the undertaking supplied by other sources, and such other
records as will facilitate an effective audit.
(h) Audit and examination of records
The Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access for the
purpose of audit and examination to any books, documents, papers, and
records of the recipient of a grant under subsection (a) of this
section, that are pertinent to such grant.
(i) Indian tribes
For purposes of this section, the term ''units of local government''
includes Indian tribes.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section not
more than $20,000,000 for fiscal year 1989, $22,000,000 for fiscal year
1990, and $24,000,000 for fiscal year 1991.
(July 1, 1944, ch. 373, title III, 317A, as added Oct. 31, 1988,
Pub. L. 100-572, 3, 102 Stat. 2887.)
The Social Security Act, referred to in subsec. (d), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the
Social Security Act are classified generally to subchapters V ( 701 et
seq.) and XIX ( 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.
A prior section 247b-1, Pub. L. 95-626, title IV, 401, Nov. 10,
1978, 92 Stat. 3590; S. Res. 30, Mar. 7, 1979; Pub. L. 96-88, title
V, 509(b), Oct. 17, 1979, 93 Stat. 695; H. Res. 549, Mar. 25, 1980,
which related to demonstration and evaluation of optimal methods for
organizing and delivering comprehensive preventive health services to
defined populations, was repealed by Pub. L. 97-35, title IX, 902(a),
(h), Aug. 13, 1981, 95 Stat. 559, 561, eff. Oct. 1, 1981.
42 USC 247b-2. Repealed. Pub. L. 97-35, title IX, 902(a), Aug. 13,
1981, 95 Stat. 559
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, Pub. L. 95-626, title IV, 402, Nov. 10, 1978, 92 Stat.
3591; Pub. L. 96-88, title V, 509(b), Oct. 17, 1979, 93 Stat. 695,
related to deterrence of smoking and alcoholic beverage use among
children and adolescents.
Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L.
97-35, set out as an Effective Date of 1981 Amendment note under section
300aaa-12 of this title.
42 USC 247c. Sexually transmitted diseases; prevention and control
projects and programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Technical assistance to public and nonprofit private entities and
scientific institutions
The Secretary may provide technical assistance to appropriate public
and nonprofit private entities and to scientific institutions for their
research in, and training and public health programs for, the prevention
and control of sexually transmitted diseases.
(b) Research, demonstration, and public information and education
projects
The Secretary may make grants to States, political subdivisions of
States, and any other public and nonprofit private entity for --
(1) research into the prevention and control of sexually transmitted
diseases;
(2) demonstration projects for the prevention and control of sexually
transmitted diseases;
(3) public information and education programs for the prevention and
control of such diseases, /1/ and
(4) education, training, and clinical skills improvement activities
in the prevention and control of such diseases for health professionals
(including allied health personnel).
(c) Project grants to States
The Secretary is also authorized to make project grants to States
and, in consultation with the State health authority, to political
subdivisions of States, for --
(1) sexually transmitted diseases surveillance activities, including
the reporting, screening, and followup of diagnostic tests for, and
diagnosed cases of, sexually transmitted diseases;
(2) casefinding and case followup activities respecting sexually
transmitted diseases, including contact tracing of infectious cases of
sexually transmitted diseases and routine testing, including laboratory
tests and followup systems;
(3) interstate epidemiologic referral and followup activities
respecting sexually transmitted diseases; and
(4) such special studies or demonstrations to evaluate or test
sexually transmitted diseases prevention and control strategies and
activities as may be prescribed by the Secretary.
(d) Authorization of appropriations; terms and conditions;
payments; recordkeeping; audit; grant reduction; information
disclosure
(1) For the purpose of making grants under subsections (b) and (c) of
this section there are authorized to be appropriated $45,000,000 for the
fiscal year ending September 30, 1979, $51,500,000 for the fiscal year
ending September 30, 1980, $59,000,000 for the fiscal year ending
September 30, 1981, $40,000,000 for the fiscal year ending September 30,
1982, $46,500,000 for the fiscal year ending September 30, 1983,
$50,000,000 for the fiscal year ending September 30, 1984, $57,000,000
for the fiscal year ending September 30, 1985, $62,500,000 for the
fiscal year ending September 30, 1986, $68,000,000 for the fiscal year
ending September 30, 1987, $78,000,000 for fiscal year 1989, and such
sums as may be necessary for each of the fiscal years 1990 and 1991.
For grants under subsection (b) of this section in any fiscal year, the
Secretary shall obligate not less than 10 per centum of the amount
appropriated for such fiscal year under the preceding sentence. Grants
made under subsection (b) or (c) of this section shall be made on such
terms and conditions as the Secretary finds necessary to carry out the
purposes of such subsection, and payments under any such grants shall be
made in advance or by way of reimbursement and in such installments as
the Secretary finds necessary.
(2) Each recipient of a grant under this section shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the amount and disposition by such recipient of the proceeds of
such grant, the total cost of the project or undertaking in connection
with which such grant was given or used, and the amount of that portion
of the cost of the project or undertaking supplied by other sources, and
such other records as will facilitate an effective audit.
(3) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipients of grants under this section that are
pertinent to such grants.
(4) The Secretary, at the request of a recipient of a grant under
this section, may reduce such grant by the fair market value of any
supplies or equipment furnished to such recipient and by the amount of
pay, allowances, travel expenses, and any other costs in connection with
the detail of an officer or employee of the United States to the
recipient when the furnishing of such supplies or equipment or the
detail of such an officer or employee is for the convenience of and at
the request of such recipient and for the purpose of carrying out the
program with respect to which the grant under this section is made. The
amount by which any such grant is so reduced shall be available for
payment by the Secretary of the costs incurred in furnishing the
supplies, equipment, or personal services on which the reduction of such
grant is based.
(5) All information obtained in connection with the examination,
care, or treatment of any individual under any program which is being
carried out with a grant made under this section shall not, without such
individual's consent, be disclosed except as may be necessary to provide
service to him or as may be required by a law of a state or political
subdivision of a State. Information derived from any such program may
be disclosed --
(A) in summary, statistical, or other form, or
(B) for clinical or research purposes,
but only if the identity of the individuals diagnosed or provided
care or treatment under such program is not disclosed.
(e) Consent of individuals
Nothing in this section shall be construed to require any State or
any political subdivision of a State to have a sexually transmitted
diseases program which would require any person, who objects to any
treatment provided under such a program, to be treated under such a
program.
(July 1, 1944, ch. 373, title III, 318, as added Sept. 30, 1972,
Pub. L. 92-449, title II, 203, 86 Stat. 751, and amended June 23, 1976,
Pub. L. 94-317, title II, 203(b)-(i), 90 Stat. 704, 705; Oct. 12,
1976, Pub. L. 94-484, title IX, 905(b)(2), 90 Stat. 2325; Nov. 10,
1978, Pub. L. 95-626, title II, 204(b)(1), (c), (d), 92 Stat. 3583;
July 10, 1979, Pub. L. 96-32, 6(j), 93 Stat. 84; Aug. 13, 1981, Pub.
L. 97-35, title IX, 929, 95 Stat. 569; Oct. 30, 1984, Pub. L. 98-555,
3, 98 Stat. 2854; Nov. 4, 1988, Pub. L. 100-607, title III, 311, 102
Stat. 3112.)
A prior section 247c, act July 1, 1944, ch. 373 title III, 318, as
added Aug. 18, 1964, Pub. L. 88-443, 2, 78 Stat. 447, which related
to grants for assisting in the areawide planning of health and related
facilities, was repealed by Pub. L. 89-749, 6, Nov. 3, 1966, 80 Stat.
1190 eff. July 1, 1967.
1988 -- Pub. L. 100-607, 311(1), amended section catchline.
Subsec. (d). Pub. L. 100-607, 311(2), (3), redesignated subsec. (e)
as (d) and struck out former subsec. (d) which related to acquired
immune deficiency syndrome.
Subsec. (d)(1). Pub. L. 100-607, 311(4), substituted ''(b) and (c)''
for ''(b), (c), and (d)'', struck out ''and'' after ''1986,'', and
inserted '', $78,000,000 for fiscal year 1989, and such sums as may be
necessary for each of the fiscal years 1990 and 1991'' before period at
end of first sentence; substituted ''(b) or (c)'' for ''(b), (c), or
(d)'' in third sentence; and struck out at end ''If the appropriations
under the first sentence for fiscal year 1985 exceed $50,000,000,
one-half of the amount in excess of $50,000,000 shall be made available
for grants under subsection (d) of this section; if the appropriations
under the first sentence for fiscal year 1986 exceed $52,500,000,
one-half of the amount in excess of $52,500,000 shall be made available
for such grants; and if the appropriations under the first sentence for
fiscal year 1987 exceed $55,000,000, one-half of the amount in excess of
$55,000,000 shall be made available for such grants.''
Subsecs. (e) to (g). Pub. L. 100-607, 311(2), (3), struck out
subsec. (f) which related to conditional limitation on use of funds and
redesignated subsecs. (e) and (g) as (d) and (e), respectively.
1984 -- Subsec. (a). Pub. L. 98-555, 3(b)(1), substituted
''research in, and training and public health programs for, the
prevention and control of sexually transmitted diseases'' for
''research, training, and public health programs for the prevention and
control of venereal disease''.
Subsec. (b). Pub. L. 98-555, 3(b)(2), in amending subsec. (b)
generally, designated existing provisions as pars. (1) to (3), added
par. (4), and substituted references to sexually transmitted diseases
for reference to venereal disease.
Subsec. (c). Pub. L. 98-555, 3(b)(3), (6)(A), substituted ''sexually
transmitted diseases'' for ''venereal disease'' wherever appearing,
struck out par. (4) relating to professional venereal disease
education, training and clinical skills improvement activities, and
redesignated par. (5) as (4).
Subsec. (d). Pub. L. 98-555, 3(b)(5)(A), added subsec. (d). Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 98-555, 3(a), (b)(4), (5), redesignated subsec.
(d) as (e), and in par. (1) of subsec. (e) as so redesignated,
substituted ''(b), (c), and (d)'' for ''(b) and (c)'', inserted
provisions authorizing appropriations for fiscal years ending Sept. 30,
1985, 1986, and 1987, substituted ''10 per centum'' for ''5 per
centum'', and inserted provisions directing that one-half the excess of
appropriations in fiscal years 1985, 1986, and 1987 over certain amounts
be made available for grants under subsec. (d). Notwithstanding
language of section 3(b)(5)(B)(ii) directing the substitution of ''(b),
(c), or (d)'' for ''(b) or (c)'' in second sentence of subsec. (e)(1),
the amendment was executed by making the substitution in third sentence
of subsec. (e)(1) to reflect the probable intent of Congress because
''(b) or (c)'' did not appear in second sentence. Former subsec. (e)
redesignated (f).
Subsecs. (f), (g). Pub. L. 98-555, 3(b)(5)(A), (6)(A), (C),
redesignated subsecs. (e) and (f) as (f) and (g), respectively, in
subsecs. (f) and (g) as so redesignated, substituted ''sexually
transmitted diseases'' for ''venereal disease'', and struck out former
subsec. (g) which defined venereal disease.
1981 -- Subsec. (d)(1). Pub. L. 97-35 inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1982,
1983, and 1984.
1979 -- Subsec. (b). Pub. L. 96-32 amended directory language of
Pub. L. 95-626, 204(c)(2), and required no change in text. See 1978
Amendment note below.
1978 -- Subsec. (b). Pub. L. 95-626, 204(c)(2), as amended by Pub.
L. 96-32, substituted ''research, demonstrations, and public information
and education for the prevention and control of venereal disease'' for
''research, demonstrations, education, and training for the prevention
and control of venereal disease'', struck out ''(1)'' preceding
provisions thus amended, and struck out par. (2) which authorized
appropriation of $5,000,000 for fiscal year 1976, $6,600,000 for fiscal
year 1977, and $7,600,000 for fiscal year 1978 for purpose of carrying
out this subsection.
Subsec. (c). Pub. L. 95-626, 204(d), struck out ''(1)'' after
''(c)'' at beginning of existing provisions, changed designations at
beginning of each of the five clauses from ''(A)'', ''(B)'', ''(C)'',
''(D)'', and ''(E)'' to ''(1)'', ''(2)'', ''(3)'', ''(4)'', and ''(5)'',
respectively, substituted ''The Secretary is also authorized'' for ''The
Secretary is authorized'' in provisions preceding cl. (1) as
redesignated, substituted ''professional (including appropriate allied
health personnel) venereal disease education, training and clinical
skills improvement activities'' for ''professional and public venereal
disease education activities'' in cl. (4) as redesignated, and struck
out former par. (2) which had authorized appropriations of $32,000,000
for fiscal year 1976, $41,500,000 for fiscal year 1977, and $43,500,000
for fiscal year 1978.
Subsec. (d)(1). Pub. L. 95-626, 204(c)(1), inserted provisions
authorizing appropriations of $45,000,000 for fiscal year ending Sept.
30, 1979, $51,500,000 for fiscal year ending Sept. 30, 1980, and
$59,000,000 for fiscal year ending Sept. 30, 1981, for purpose of
making grants under subsecs. (b) and (c) of this section, and inserted
provisions directing Secretary to obligate not less than 5 per centum of
amount appropriated for any fiscal year.
Subsec. (f). Pub. L. 95-626, 204(b)(1), redesignated subsec. (g) as
(f). Former subsec. (f), requiring that not to exceed 50 per centum of
amounts appropriated for any fiscal year under subsecs. (b) and (c) of
this section could be used by Secretary for grants for such fiscal year
under section 247b of this title, was struck out.
Subsec. (g). Pub. L. 95-626, 204(b)(1), redesignated subsec. (h) as
(g). Former subsec. (g) redesignated (f).
1976 -- Subsec. (a). Pub. L. 94-317, 203(c), substituted ''public
and nonprofit private entities and to'' for ''public authorities and''.
Subsec. (b)(1). Pub. L. 94-317, 203(i), inserted ''education,''
before ''and training''.
Subsec. (b)(2). Pub. L. 94-317, 203(b)(1), substituted provisions
authorizing appropriations of $5,000,000 for fiscal year 1976,
$6,600,000 for fiscal year 1977, and $7,600,000 for fiscal year 1978,
for provisions authorizing appropriations of $7,500,000 for fiscal year
ending June 30, 1973, and for each of the next two fiscal years.
Subsec. (c). Pub. L. 94-484, purported to amend former subsec.
(c)(1) by defining ''State'' to include the Northern Mariana Islands.
Former subsec. (c) of this section had been previously repealed by
section 203(f)(1) of Pub. L. 94-317. See par. below.
Pub. L. 94-317, 203(b)(2), (d), (e), (f)(1), (3), (8), redesignated
subsec. (d) as (c), inserted, in par. (1)(B), reference to routine
testing, including laboratory tests and followup systems and substituted
in par. (1)(E). ''prevention and control strategies and activities''
for ''control'' and, in par. (2), provisions authorizing appropriations
of $32,000,000 for fiscal year 1976, $41,500,000 for fiscal year 1977,
and $43,500,000 for fiscal year 1978, for provisions authorizing
appropriations of $30,000,000 for the fiscal year ending June 30, 1973,
and for each of the next two succeeding fiscal years. Former subsec.
(c), which provided for authorization of appropriations to enable the
Secretary to make grants to state health authorities to establish and
maintain programs for diagnosis and treatment of venereal disease was
amended by striking out reference to dark-field microscope techniques
for diagnosis of both gonorrhea an syphilis, and as so amended, was
repealed.
Subsec. (d). Pub. L. 94-317, 203(f)(2), (4), (5), (8), redesignated
subsec. (e) as (d), substituted in par. (1) ''or (c)'' for ''or (d)'',
struck out in par. (4) provisions relating to the amount of reduction
of a grant under former subsec. (c) whereby such amount shall be deemed
a part of the grant to the recipient of the grant and shall be deemed to
have been paid to such recipient, and inserted in par. (5) reference to
requirement by law of a State or political subdivision of a state.
Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 94-317, 203(f)(8), (g), redesignated subsec.
(f) as (e) and substituted ''247b(g)(2) of this title'' for ''247b(d)(4)
of this title''. Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 94-317, 203(f)(6), (8), redesignated subsec.
(g) as (f) and substituted ''and (c)'' for '', (c), and (d)''. Former
subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 94-317, 203(f)(7), (8), redesignated subsec.
(h) as (g) and struck out ''treated or to have any child or ward of
his'' after ''a program, to be''. Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 94-317, 203(h), added subsec. (h). Former
subsec. (h) redesignated (g).
Pub. L. 100-202, 101(h) (title II), Dec. 22, 1987, 101 Stat.
1329-256, 1329-365, provided: ''That the Director shall cause to be
distributed without necessary clearance of the content by any official,
organization or office, an AIDS mailer to every American household by
June 30, 1988, as approved and funded by the Congress in Public Law
100-71 (July 11, 1987, 101 Stat. 391).''
Section 204(a) of Pub. L. 95-626 provided that: ''The Congress
finds and declares that --
''(1) the number of reported cases of venereal disease persists in
epidemic proportions in the United States;
''(2) the number of persons affected by venereal disease and reported
to public health authorities is only a fraction of those actually
affected;
''(3) the incidence of venereal disease continues to be particularly
high among American youth, ages fifteen to twenty-nine, and among
populations in metropolitan areas;
''(4) venereal disease accounts for severe permanent disabilities and
sometimes death in newborns and causes reproductive dysfunction in women
of childbearing age;
''(5) it is conservatively estimated that the public cost of health
care for persons suffering from complications of venereal disease
exceeds one-half billion dollars annually;
''(6) the number of trained Federal venereal disease prevention and
control personnel has fallen to a dangerously inadequate level;
''(7) no vaccine for syphilis, gonorrhea, or any other venereal
disease has yet been developed, nor does a blood test for the detection
of asymptomatic gonorrhea in women exist, nor are safe and effective
therapeutic agents available for some other venereal diseases;
''(8) school health education programs, public information and
awareness campaigns, mass diagnostic screening and case followup have
all been found to be effective venereal disease prevention and control
methodologies;
''(9) skilled and knowledgeable health care providers, informed and
concerned individuals and active, well-coordinated voluntary groups are
fundamental to venereal disease prevention and control;
''(10) biomedical research toward improved diagnostic and therapeutic
tools is of singular importance to the elimination of venereal disease;
and
''(11) an increasing number of sexually transmissible diseases
besides syphilis and gonorrhea have become a public health hazard.''
Section 203(a) of Pub. L. 94-317 provided that: ''The Congress
finds and declares that --
''(1) the number of reported cases of venereal disease continues in
epidemic proportions in the United States;
''(2) the number of patients with venereal disease reported to public
health authorities is only a fraction of those actually infected;
''(3) the incidence of venereal disease is particularly high in the
15-29-year age group, and in metropolitan areas;
''(4) venereal disease accounts for needless deaths and leads to such
severe disabilities as sterility, insanity, blindness, and crippling
conditions;
''(5) the number of cases of congenital syphilis, a preventable
disease, tends to parallel the incidence of syphilis in adults;
''(6) it is conservatively estimated that the public cost of care for
persons suffering the complications of venereal disease exceed
$80,000,000 annually;
''(7) medical researchers have no successful vaccine for syphilis or
gonorrhea, and have no blood test for the detection of gonorrhea among
the large reservoir of asymptomatic females;
''(8) school health education programs, public information and
awareness campaigns, mass diagnostic screening and case followup
activities have all been found to be effective disease intervention
methodologies;
''(9) knowledgeable health providers and concerned individuals and
groups are fundamental to venereal disease prevention and control;
''(10) biomedical research leading to the development of vaccines for
syphilis and gonorrhea is of singular importance for the eventual
eradication of these dreaded diseases; and
''(11) a variety of other sexually transmitted diseases, in addition
to syphilis and gonorrhea, have become of public health significance.''
Section 202 of Pub. L. 92-449 provided that:
''(a) The Congress finds and declares that --
''(1) the number or reported cases of venereal disease has reached
epidemic proportions in the United States;
''(2) the number of patients with venereal disease reported to public
health authorities is only a fraction of those treated by physicians;
''(3) the incidence of venereal disease is particularly high among
individuals in the 20-24 age group, and in metropolitan areas;
''(4) venereal disease accounts for needless deaths and leads to such
severe disabilities as sterility, insanity, blindness, and crippling
conditions;
''(5) the number of cases of congenital syphilis, a preventable
disease, in infants under one year of age increased by 33 1/3 per centum
between 1970 and 1971;
''(6) health education programs in schools and through the mass media
may prevent a substantial portion of the venereal disease problem; and
''(7) medical authorities have no successful vaccine for syphilis or
gonorrhea and no blood test for the detection of gonorrhea among the
large reservoir of asymptomatic females.
''(b) In order to preserve and protect the health and welfare of all
citizens, it is the purpose of this Act (this chapter) to establish a
national program for the prevention and control of venereal disease.''
/1/ So in original. The comma probably should be a semicolon.
42 USC 247d. Public health emergencies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Determination of existence of emergency; authorization to act
If the Secretary determines, after consultation with the Director of
the National Institutes of Health, the Administrator of the Alcohol,
Drug Abuse, and Mental Health Administration, the Commissioner of the
Food and Drug Administration, the Administrator of Health Resources and
Services, or the Director of the Centers for Disease Control, that --
(1) a disease or disorder presents a public health emergency, or
(2) a public health emergency otherwise exists and the Secretary has
the authority to take action with respect to such emergency,
the Secretary, acting through such Director, Administrator, or
Commissioner, may take such action as may be appropriate to respond to
the public health emergency, including making grants and entering into
contracts and conducting and supporting investigations into the cause,
treatment, or prevention of a disease or disorder described in paragraph
(1).
(b) Public Health Emergency Fund; authorization of appropriations;
annual report to Congress
(1) There is established in the Treasury a fund designated the
''Public Health Emergency Fund'' to be available to the Secretary
without fiscal year limitation to carry out subsection (a) of this
section. There is authorized to be appropriated to the fund $30,000,000
for fiscal year 1984. For fiscal year 1985 and each fiscal year
thereafter there is authorized to be appropriated to the fund such sums
as may be necessary to have $45,000,000 in the fund at the beginning of
such fiscal year.
(2) The Secretary shall report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Labor and
Human Resources of the Senate not later than ninety days after the end
of a fiscal year --
(A) on the expenditures made from the Public Health Emergency Fund in
such fiscal year; and
(B) describing each public health emergency for which the
expenditures were made and the activities undertaken with respect to
each emergency which were conducted or supported by expenditures from
the Fund.
(July 1, 1944, ch. 373, title III, 319, as added July 13, 1983, Pub.
L. 98-49, 97 Stat. 245, and amended Nov. 4, 1988, Pub. L. 100-607,
title II, 256(a), 102 Stat. 3110.)
A prior section 247d, act July 1, 1944, ch. 373, title III, 319,
formerly 310, as added Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592;
amended Aug. 5, 1965, Pub. L. 89-109, 3, 79 Stat. 436; Oct. 15,
1968, Pub. L. 90-574, title II, 201, 82 Stat. 1006; Mar. 12, 1970,
Pub. L. 91-209, 84 Stat. 52; June 18, 1973, Pub. L. 93-45, title I,
105, 87 Stat. 91; renumbered 319, July 23, 1974, Pub. L. 93-353,
title I, 102(d), 88 Stat. 362; and amended July 29, 1975, Pub. L.
94-63, title IV, 401(a), title VII, 701(c), 89 Stat. 334, 352; Apr.
22, 1976, Pub. L. 94-278, title VIII, 801(a), 90 Stat. 414, relating
to migrant health centers, was renumbered section 329 of act July 1,
1944, by Pub. L. 95-626 and transferred to section 254b of this title.
1988 -- Subsec. (a). Pub. L. 100-607, 256(a)(1), inserted ''the
Administrator of Health Resources and Services,'' after ''and Drug
Administration,''.
Subsec. (b)(1). Pub. L. 100-607, 256(a)(2), substituted
''$45,000,000'' for second reference to ''$30,000,000''.
42 USC Part C -- Hospitals, Medical Examinations, and Medical Care
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1978 -- Pub. L. 95-626, title I, 113(a)(1), Nov. 10, 1978, 92
Stat. 3562, struck out heading ''Subpart I -- General Provisions''.
1976 -- Pub. L. 94-484, title IV, 407(a), Oct. 12, 1976, 90 Stat.
2268, added heading ''Subpart I -- General Provisions''.
42 USC 247e. Hansen's disease program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Care and treatment
The Secretary --
(1) shall provide care and treatment (including outpatient care)
without charge at the Gillis W. Long Hansen's Disease Center in
Carville, Louisiana, to any person suffering from Hansen's disease who
needs and requests care and treatment for that disease; and
(2) may provide for the care and treatment (including outpatient
care) of Hansen's disease without charge for any person who requests
such care and treatment.
(b) Payments to Board of Health of Hawaii
The Secretary shall make payments to the Board of Health of Hawaii
for the care and treatment (including outpatient care) in its facilities
of persons suffering from Hansen's disease at a rate, determined from
time to time by the Secretary, which shall, subject to the availability
of appropriations, be approximately equal to the operating cost per
patient of those facilities, except that the rate determined by the
Secretary shall not be greater than the comparable operating cost per
Hansen's disease patient at the Gillis W. Long Hansen's Disease Center
in Carville, Louisiana.
(July 1, 1944, ch. 373, title III, 320, formerly 331, 58 Stat.
698; June 25, 1948, ch. 654, 4, 62 Stat. 1018; June 25, 1952, ch.
460, 66 Stat. 157; July 12, 1960, Pub. L. 86-624, 29(b), 74 Stat.
419; renumbered 339, Oct. 12, 1976, Pub. L. 94-484, title IV,
407(b)(2), 90 Stat. 2268; renumbered 320, and amended Nov. 10, 1978,
Pub. L. 95-626, title I, 105(a), 92 Stat. 3560; July 10, 1979, Pub. L.
96-32, 7(b), 93 Stat. 84; Oct. 7, 1985, Pub. L. 99-117, 2(a), 99
Stat. 491.)
Section was classified to section 255 of this title prior to its
renumbering by Pub. L. 95-626.
1985 -- Pub. L. 99-117 substituted ''Hansen's disease program'' for
''Receipt, apprehension, detention, treatment, and release of lepers''
in section catchline.
Subsec. (a). Pub. L. 99-117 amended subsec. (a) generally. Prior to
amendment, subsec. (a) read as follows: ''The Service shall, in
accordance with regulations, receive into any hospital of the Service
suitable for his accommodation any person afflicted with leprosy who
presents himself for care, detention, or treatment, or who may be
apprehended under subsection (b) of this section or section 264 of this
title, and any person afflicted with leprosy duly consigned to the care
of the Service by the proper health authority of any State. The Surgeon
General is authorized, upon the request of any health authority, to send
for any person within the jurisdiction of such authority who is
afflicted with leprosy and to convey such person to the appropriate
hospital for detention and treatment. When the transportation of any
such person is undertaken for the protection of the public health the
expense of such removal shall be met from funds available for the
maintenance of hospitals of the Service. Such funds shall also be
available, subject to regulations, for transportation of recovered
indigent leper patients to their homes, including subsistence allowance
while traveling. When so provided in appropriations available for any
fiscal year for the maintenance of hospitals of the Service, the Surgeon
General is authorized and directed to make payments to the Board of
Health of Hawaii for the care and treatment in its facilities of persons
afflicted with leprosy at a per diem rate, determined from time to time
by the Surgeon General, which shall, subject to the availability of
appropriations, be approximately equal to the per diem operating cost
per patient of such facilities, except that such per diem rate shall not
be greater than the comparable per diem operating cost per patient at
the National Leprosarium, Carville, Louisiana.''
Subsec. (b). Pub. L. 99-117 amended subsec. (b) generally. Prior to
amendment, subsec. (b) read as follows: ''The Surgeon General may
provide by regulation for the apprehension, detention, treatment, and
release of persons being treated by the Service for leprosy.''
1979 -- Subsec. (a). Pub. L. 96-32 substituted ''apprehended under
subsection (b) of this section or section 264 of this title'' for
''apprehended under section 256 or 264 of this title''.
1978 -- Pub. L. 95-626 designated existing provisions as subsec.
(a) and added subsec. (b).
1960 -- Pub. L. 86-624 struck out '', Territory, or the District of
Columbia'' after ''proper health authority of any State'', and
substituted ''Board of Health of Hawaii'' for ''Board of Health of the
Territory of Hawaii''.
1952 -- Act June 25, 1952, provided for payments to Hawaiian Board of
Health for expenditures made by them in care and treatment of patients.
1948 -- Act June 25, 1948, authorized payment of travel expenses of
indigent leper patients.
Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section
47(f) of Pub. L. 86-624, set out as a note under section 645 of Title
20, Education.
42 USC 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
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Surgeon General, pursuant to regulations, shall --
(a) Control, manage, and operate all institutions, hospitals, and
stations of the Service, including minor repairs and maintenance, and
provide for the care, treatment, and hospitalization of patients,
including the furnishing of prosthetic and orthopedic devices; and from
time to time, with the approval of the President, select suitable sites
for and establish such additional institutions, hospitals, and stations
in the States and possessions of the United States as in his judgment
are necessary to enable the Service to discharge its functions and
duties;
(b) Provide for the transfer of Public Health Service patients, in
the care of attendants where necessary, between hospitals and stations
operated by the Service or between such hospitals and stations and other
hospitals and stations in which Public Health Service patients may be
received, and the payment of expenses of such transfer;
(c) Provide for the disposal of articles produced by patients in the
course of their curative treatment, either by allowing the patient to
retain such articles or by selling them and depositing the money
received therefor to the credit of the appropriation from which the
materials for making the articles were purchased;
(d) Provide for the disposal of money and effects, in the custody of
the hospitals or stations, of deceased patients; and
(e) Provide, to the extent the Surgeon General determines that other
public or private funds are not available therefor, for the payment of
expenses of preparing and transporting the remains of, or the payment of
reasonable burial expenses for, any patient dying in a hospital or
station.
(July 1, 1944, ch. 373, title III, 321, 58 Stat. 695; June 25,
1948, ch. 654, 2, 62 Stat. 1017; Nov. 9, 1978, Pub. L. 95-622, title
II, 266, 92 Stat. 3437.)
1978 -- Subsec. (a). Pub. L. 95-622 struck out '', and tobacco''
after ''orthopedic devices''.
1948 -- Subsec. (a). Act June 25, 1948, 2(a), amended subsec. (a)
generally, continuing authority of Service to furnish tobacco to
patients being treated by it.
Subsec. (e). Act June 25, 1948, 2(b), added subsec. (e).
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 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.
42 USC 248a. Closing or transfer of hospitals; reduction of services;
Congressional authorization required
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Except as provided in subsection (b) of this section, the
Secretary of Health and Human Services shall take such action as may be
necessary to assure that the hospitals of the Public Health Service,
located in Seattle, Washington, Boston, Massachusetts, San Francisco,
California, Galveston, Texas, New Orleans, Louisiana, Baltimore,
Maryland, Staten Island, New York, and Norfolk, Virginia, shall continue
--
(1) in operation as hospitals of the Public Health Service,
(2) to provide for all categories of individuals entitled or
authorized to receive care and treatment at hospitals or other stations
of the Public Health Service inpatient, outpatient, and other health
care services in like manner as such services were provided on January
1, 1973, to such categories of individuals at the hospitals of the
Public Health Service referred to in the matter preceding paragraph (1)
and at a level and range at least as great as the level and range of
such services which were provided (or authorized to be provided) by such
hospitals on such date, and
(3) to conduct at such hospitals a level and range of other
health-related activities (including training and research activities)
which is not less than the level and range of such activities which were
being conducted on January 1, 1973, at such hospitals.
(b)(1) The Secretary may --
(A) close or transfer control of a hospital of the Public Health
Service to which subsection (a) of this section applies,
(B) reduce the level and range of health care services provided at
such a hospital from the level and range required by subsection (a)(2)
of this section or change the manner in which such services are provided
at such a hospital from the manner required by such subsection, or
(C) reduce the level and range of the other health-related activities
conducted at such hospital from the level and range required by
subsection (a)(3) of this section,
if Congress by law (enacted after November 16, 1973) specifically
authorizes such action.
(2) Any recommendation submitted to the Congress for legislation to
authorize an action described in paragraph (1) with respect to a
hospital of the Public Health Service shall be accompanied by a copy of
the written, unqualified approval of the proposed action submitted to
the Secretary by each (A) section 314(a) State health planning agency
whose section 314(a) plan covers (in whole or in part) the area in which
such hospital is located or which is served by such hospital, and (B)
section 314(b) areawide health planning agency whose section 314(b) plan
covers (in whole or in part) such area.
(3) For purposes of this subsection, the term ''section 314(a) State
health planning agency'' means the agency of a State which administers
or supervises the administration of a State's health planning functions
under a State plan approved under section 314(a) of the Public Health
Service Act (referred to in paragraph (2) as a ''section 314(a) plan'');
and the term ''section 314(b) areawide health planning agency'' means a
public or nonprofit private agency or organization which has developed a
comprehensive regional, metropolitan, or other local area plan or plans
referred to in section 314(b) of that Act (referred to in paragraph (2)
as a ''section 314(b) plan'').
(Pub. L. 93-155, title VIII, 818(a), (b), Nov. 16, 1973, 87 Stat.
622; Pub. L. 96-88, title V, 509(b), Oct. 17, 1979, 93 Stat. 695.)
Section 314 of the Public Health Service Act, referred to in subsec.
(b)(2), (3), is classified to section 246 of this title.
Section was enacted as part of the Department of Defense
Appropriation Authorization Act, 1974, and not as part of the Public
Health Service Act which comprises this chapter.
Provisions similar to those comprising this section, contained in
Pub. L. 92-585, 3, Oct. 27, 1972, 86 Stat. 1292, setting out the
procedure to be followed in closing or transferring control of hospitals
or other health care delivery facilities of the Public Health Service,
were repealed by Pub. L. 93-155, title VIII, 818(c), Nov. 16, 1973,
87 Stat. 623.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
42 USC 248b. Transfer or financial self-sufficiency of public health
service hospitals and clinics
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Deadline for closure, transfer, or financial self-sufficiency
The Secretary of Health and Human Services (hereinafter in this
subtitle referred to as the ''Secretary'') shall, in accordance with
this section and notwithstanding section 248a of this title, provide for
the closure, transfer, or financial self-sufficiency of all hospitals
and other stations of the Public Health Service (hereinafter in this
subtitle referred to as the ''Service'') not later than September 30,
1982.
(b) Proposals for transfer or financial self-sufficiency
Not later than July 1, 1981, the Secretary shall notify each Service
hospital and other station, and the chief executive officer of each
State and of each locality in which such a hospital or other station is
located, that the Secretary will accept proposals for the transfer of
each such hospital and station from the Service to a public (including
Federal) or nonprofit private entity or for the achievement of financial
self-sufficiency of each such hospital and station not later than
September 30, 1982. No such proposal shall be considered by the
Secretary if it is submitted later than September 1, 1981.
(c) Evaluation of proposals
The Secretary shall evaluate promptly each proposal submitted under
subsection (b) of this section with respect to a hospital or other
station and determine, not later than September 30, 1981, whether or not
under such proposal the hospital or station --
(1) will be maintained as a general health care facility providing a
range of services to the population within its service area,
(2) will continue to make services available to existing patient
populations, and
(3) has a reasonable expectation of financial viability and, in the
case of a hospital or station that is not proposed to be transferred, of
financial self-sufficiency.
Paragraph (1) shall not apply in the case of a proposal for the
transfer of a discrete, minor, freestanding part of a hospital or
station to a local public entity for the purpose of continuing the
provision of services to refugees.
(d) Rejection or approval of proposal
(1) If the Secretary determines that a proposal for a hospital or
other station does not meet the standards of subsection (c) of this
section or if there is no proposal submitted under subsection (b) of
this section with respect to a hospital or other station, the Secretary
shall provide for the closure of the hospital or station by not later
than October 31, 1981.
(2) If the Secretary determines that a proposal for a hospital or
other station meets the standards of subsection (c) of this section, the
Secretary shall take such steps, within the amounts available through
appropriations, as may be necessary and proper --
(A) to operate (or participate or assist in the operation of) the
hospital or station by the Service until the transfer is accomplished or
financial self-sufficiency is achieved,
(B) to bring the hospital or station into compliance with applicable
licensure, accreditation, and local medical practice standards, and
(C) to provide for such other legal, administrative, personnel, and
financial arrangements (including allowing payments made with respect to
services provided by the hospital or station to be made directly to that
hospital or station) as may be necessary to effect a timely and orderly
transfer of such hospital or station (including the land, building, and
equipment thereof) from the Service, or for the financial
self-sufficiency of the hospital or station, not later than September
30, 1982.
(e) Establishment of identifiable administrative unit
There is established, within the Office of the Assistant Secretary
for Health of the Department of Health and Human Services, an
identifiable administrative unit which shall have direct responsibility
and authority for overseeing the activities under this section.
(f) Finding of financial self-sufficiency
For purposes of this section, a hospital or station cannot be found
to be financially self-sufficient if the hospital or station is relying,
in whole or in part, on direct appropriated funds for its continued
operations.
(Pub. L. 97-35, title IX, 987, Aug. 13, 1981, 95 Stat. 603.)
This subtitle, referred to in subsec. (a), is subtitle J of title IX
of Pub. L. 97-35, 985 to 988, Aug. 13, 1981, 95 Stat. 602, which
enacted this section, amended sections 201, 249, and 254e of this title,
and enacted provisions set out as notes under this section and section
249 of this title. For complete classification of this subtitle to the
Code, see Tables.
Section 248a of this title, referred to in subsec. (a), was in the
original ''section 818 of Public Law 93-155'', meaning section 818 of
Pub. L. 93-155, title VIII, Nov. 16, 1973, 87 Stat. 622, which
enacted section 248a of this title and repealed section 3 of Pub. L.
92-585, Oct. 27, 1972, 86 Stat. 1292.
Section was enacted as part of the Omnibus Budget Reconciliation Act
of 1981, and not as part of the Public Health Service Act which
comprises this chapter.
Section 985 of Pub. L. 97-35 provided that:
''(a) Congress finds that --
''(1) because of national budgetary considerations, it has become
necessary to terminate Federal appropriations for Public Health Service
hospitals and clinics,
''(2) with proper planning and coordination, some of these hospitals
and clinics could be transferred to State, local, or private control or
become financially self-sufficient and continue to provide effective and
efficient health care to individuals in the areas in which they are
located,
''(3) a precipitous closure of these hospitals and clinics will
preclude the possibility of such orderly transfer to entities which are
willing and able to take over operations at such facilities and will
cause unnecessary and costly hardships on the patients and staffs at
such facilities and on the communities in which the facilities are
located, and
''(4) it is in the national interest, consistent with sound budgetary
considerations, to assist in the orderly and prompt transfer of such
operations to State, local, or private operation or in the achievement
of financial self-sufficiency where feasible.
''(b) The purposes of this subtitle (enacting this section, amending
sections 201, 249, and 254e of this title, and enacting provisions set
out as notes under section 249 of this title) are --
''(1) to provide for the prompt and orderly closure by October 31,
1981, of Public Health Service hospitals and clinics which cannot
reasonably be transferred to State, local, or private operation or
become financially self-sufficient and for the transfer or achievement
of financial self-sufficiency by September 30, 1982, of those hospitals
and clinics which can be so transferred or which can achieve such
financial self-sufficiency, and
''(2) to provide for transitional assistance for merchant seamen
whose entitlement to receive free care through Public Health Service
hospitals and clinics is repealed and who are hospitalized at the end of
fiscal year 1981 and require continuing hospitalization.''
42 USC 248c. Continued use of former Public Health Service facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Facilities providing medical or dental care to members and former
members of uniformed services and dependents
Any Public Health Service hospital or other station which was
transferred to a public or nonprofit private entity pursuant to the
provisions of section 248b of this title shall be deemed to be a
facility of the uniformed services for the purposes of chapter 55 of
title 10, if such hospital or other station was, on the day before the
date of the transfer, a facility approved under such chapter to provide
medical and dental care to members and former members of the uniformed
services and their dependents.
(b) Termination of approved status
The Secretary of Defense, the Secretary of Health and Human Services,
and the Secretary of Transportation when the Coast Guard is not
operating as a service in the Navy may terminate, for purposes of
chapter 55 of title 10, the approved status, of any facility described
in subsection (a) of this section to furnish medical or dental care to
members and former members of the uniformed services and their
dependents as provided for in section 248d(e) of this title.
(c) Reimbursement of approved facilities for medical and dental care
provided to members and former members of uniformed services and
dependents
The Secretary of Defense, the Secretary of Health and Human Services,
and the Secretary of Transportation when the Coast Guard is not
operating as a service in the Navy shall reimburse any facility
described in subsection (a) of this section for medical and dental care
provided by such facility to members and former members of the uniformed
services and their dependents who receive such care under chapter 55 of
title 10. The rates of reimbursement shall be negotiated and agreed
upon by the Secretary of Defense, the Secretary of Health and Human
Services, the Secretary of Transportation when the Coast Guard is not
operating as a service in the Navy, and the appropriate officials
representing the facility concerned. The rates of reimbursement shall
be based upon medical and dental care costs in the area in which the
facility concerned is located.
(Pub. L. 97-99, title IX, 911, Dec. 23, 1981, 95 Stat. 1386; Pub.
L. 98-94, title XII, 1252(g), formerly 1252(f), Sept. 24, 1983, 97
Stat. 699, renumbered 1252(g), Pub. L. 101-510, div. A, title VII,
718(b)(1), Nov. 5, 1990, 104 Stat. 1586; Pub. L. 98-557, 17(f)(1),
Oct. 30, 1984, 98 Stat. 2868.)
Section was enacted as part of the Military Construction
Authorization Act, 1982, and not as part of the Public Health Service
Act which comprises this chapter.
1984 -- Subsecs. (b), (c). Pub. L. 98-557 inserted references to
the Secretary of Transportation when the Coast Guard is not operating as
a service in the Navy.
1983 -- Subsec. (b). Pub. L. 98-94 substituted reference to section
248d(e) of this title for a description of the procedure for terminating
the approved status of facilities described in subsec. (a) for the
former provision which had referred to the termination of the approved
status of such facilities at any time after the expiration of three
years after the date of the transfer of such facility under section 248b
of this title, with the termination of such status in the case of any
such facility to be effected only by an order jointly issued by the
Secretary of Defense and the Secretary of Health and Human Services
which identified the facility whose approved status was being terminated
and specified the date on which such status was being terminated.
Pub. L. 102-190, div. A, title VII, 721, Dec. 5, 1991, 105 Stat.
1405, provided that:
''(a) Designation of Satellite Facilities as Uniformed Services
Treatment Facilities. -- (1) Subject to paragraph (3), the Secretary of
Defense may designate a satellite facility described in paragraph (2) as
a facility of the uniformed services for the purposes of chapter 55 of
title 10, United States Code.
''(2) A satellite facility referred to in paragraph (1) means a
facility that --
''(A) is owned, operated, or staffed by a facility described in
section 911(c) of the Military Construction Authorization Act, 1982 (42
U.S.C. 248c(c)); and
''(B) pursuant to an agreement entered into with the Secretary of
Defense, is authorized for a designated service area to provide medical
and dental care for persons eligible to receive such care in facilities
of the uniformed services under chapter 55 of title 10, United States
Code.
''(3) The authority of the Secretary of Defense under paragraph (1)
shall take effect on the date on which the Secretary certifies to
Congress that the managed-care delivery and reimbursement model required
under section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) has been fully
implemented.
''(b) Termination of Designation. -- The designation of a satellite
facility under subsection (a) may be terminated in accordance with the
procedure provided under section 1252(e) of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d(e)).
''(c) Reimbursement for Care. -- A facility described in section
911(c) of the Military Construction Authorization Act, 1982 (42 U.S.C.
248c(c)), may be reimbursed for medical and dental care provided by that
facility or a satellite facility of that facility designated under
subsection (a) to persons eligible to receive such care in facilities of
the uniformed services under chapter 55 of title 10, United States Code.
The reimbursement shall be made pursuant to an agreement with the
Secretary of Defense as part of the managed-care delivery and
reimbursement model required under section 718(c) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1587).
''(d) Preemption of State and Local Laws. -- A law or regulation of a
State or local government relating to health insurance or health
maintenance organizations shall not apply to a Uniformed Services
Treatment Facility that enters into an agreement with the Secretary of
Defense under section 718(c) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) to the extent
that --
''(1) the law or regulation is inconsistent with a specific provision
of the agreement or a regulation prescribed by the Secretary relating to
the managed-care delivery and reimbursement model; or
''(2) the Secretary determines that preemption of the law or
regulation is necessary to implement or operate the managed-care
delivery and reimbursement model referred to in that section or to
achieve some other Federal interest.''
42 USC 248d. Public Health Service facilities providing medical care
for dependents, members, and former members of uniformed services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Demonstration projects; comparisons with care furnished by
contract providers
The Secretary of Defense, in consultation with the Secretary of
Health and Human Services and the Secretary of Transportation when the
Coast Guard is not operating as a service in the Navy, shall conduct
demonstration projects for the purpose of comparing and evaluating the
cost-effectiveness, accessibility, patient acceptance, and the quality
of medical care contracted for by the Secretary of Defense under
sections 1079 and 1086 of title 10, with the medical care provided in
those facilities deemed to be facilities of the uniformed services by
virtue of section 248c of this title. The Secretary of Defense shall
begin conducting such projects within one year after September 24, 1983,
and continue conducting such projects for not less than three years.
(b) Alternative payment mechanisms
The projects carried out by the Secretary of Defense under this
subsection shall utilize various alternative mechanisms for the payment
of medical services provided eligible persons, including capitation,
prospective payment, all-inclusive fee-for-service charges, and other
concepts and programs consistent with the purpose of this section.
(c) Designation of additional civilian medical facilities
If the Secretary of Defense, the Secretary of Health and Human
Services, and the Secretary of Transportation when the Coast Guard is
not operating as a service in the Navy determine such action is
necessary in order to permit a meaningful evaluation of alternative
methods of providing medical care to persons eligible for such care
under sections 1079 and 1086 of title 10, they may jointly designate
additional civilian medical facilities to be facilities of the uniformed
services for the purposes of section 1079 of such title. The Secretary
may designate a facility under the authority of this subsection for such
purposes only if such action is agreed to by the governing body of the
facility.
(d) Reports to Congress on study and project results
The Secretary of Defense, in consultation with the Secretary of
Health and Human Services and the Secretary of Transportation when the
Coast Guard is not operating as a service in the Navy, shall submit
annually to the Committees on Appropriations and on Armed Services of
the Senate and the House of Representatives a written report on the
results of the studies and projects carried out under this section. The
first such report shall be submitted not later than one year after
September 24, 1983. The last such report shall be submitted not later
than one year after the completion of all such studies and projects.
(e) Termination of status
The Secretary of Defense, the Secretary of Health and Human Services,
and the Secretary of Transportation when the Coast Guard is not
operating as a service in the Navy may terminate, for purposes of
chapter 55 of title 10, the status of any facility referred to in
subsection (a) or (c) of this section to furnish medical or dental care
to members and former members of the uniformed services or their
dependents, and such termination may become effective at any time after
December 31, 1993. The termination of such status in the case of any
such facility may be effected only by an order jointly issued by the
Secretary of Defense, the Secretary of Health and Human Services, and
the Secretary of Transportation when the Coast Guard is not operating as
a service in the Navy which (1) identifies the facility whose status is
being terminated, (2) specifies the date on which such status is being
terminated, and (3) certifies that more cost-effective medical and
dental care for members and former members of the uniformed services or
their dependents is available elsewhere in the same geographic area. A
copy of each such order shall be furnished to the affected facility and
the Committees on Appropriations and on Armed Services of the Senate and
the House of Representatives and shall become effective in accordance
with the terms of the notice, but not earlier than six months following
the date on which a copy of the notice has been furnished to the
facility and the committees. Each such copy of the order shall include
a copy of the certification required in clause (3) of the second
sentence of this subsection and shall contain cost data substantiating
the termination decision and identifying how more cost-effective care
could be provided to the affected individuals. Any facility described
in subsection (a) of this section or designated under subsection (c) of
this section may terminate its status or designation made under that
subsection at any time after the expiration of six months following the
date on which a copy of the order terminating the status or designation
has been furnished the facility.
(f) Limitation on expenditures
The total amount of expenditures by the Secretary of Defense to carry
out this section and section 248c of this title may not exceed
$154,000,000 for fiscal year 1991.
(Pub. L. 98-94, title XII, 1252(a)-(e), Sept. 24, 1983, 97 Stat.
698; Pub. L. 98-557, 17(f)(2), Oct. 30, 1984, 98 Stat. 2868; Pub. L.
99-661, div. A, title VII, 706, Nov. 14, 1986, 100 Stat. 3905; Pub. L.
100-456, div. A, title VI, 645, Sept. 29, 1988, 102 Stat. 1988; Pub.
L. 101-510, div. A, title VII, 718(a), (b)(2), Nov. 5, 1990, 104 Stat.
1586, 1587; Pub. L. 102-25, title VII, 705(h), Apr. 6, 1991, 105
Stat. 121.)
Section was enacted as part of the Department of Defense
Authorization Act, 1984, and not as part of the Public Health Service
Act which comprises this chapter.
1991 -- Subsec. (f). Pub. L. 102-25 inserted ''by the Secretary of
Defense'' after ''expenditures''.
1990 -- Subsec. (e). Pub. L. 101-510, 718(a), substituted ''1993''
for ''1990''.
Subsec. (f). Pub. L. 101-510, 718(b)(2), added subsec. (f).
1988 -- Subsec. (e). Pub. L. 100-456 substituted ''1990'' for
''1988'' in first sentence, substituted ''which (1) identifies the
facility whose status is being terminated, (2) specifies the date on
which such status is being terminated, and (3) certifies that more
cost-effective medical and dental care for members and former members of
the uniformed services or their dependents is available elsewhere in the
same geographic area'' for ''which identifies the facility whose status
is being terminated and specifies the date on which such status is being
terminated'' in second sentence, and inserted after third sentence
''Each such copy of the order shall include a copy of the certification
required in clause (3) of the second sentence of this subsection and
shall contain cost data substantiating the termination decision and
identifying how more cost-effective care could be provided to the
affected individuals.''
1986 -- Subsec. (e). Pub. L. 99-661 substituted ''December 31,
1988'' for ''December 31, 1987''.
1984 -- Subsecs. (a), (c) to (e). Pub. L. 98-557 inserted
references to the Secretary of Transportation when the Coast Guard is
not operating as a service in the Navy.
42 USC 249. Medical care and treatment of quarantined and detained
persons
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Persons entitled to treatment
Any person when detained in accordance with quarantine laws, or, at
the request of the Immigration and Naturalization Service, any person
detained by that Service, may be treated and cared for by the Public
Health Service.
(b) Temporary treatment in emergency cases
Persons not entitled to treatment and care at institutions,
hospitals, and stations of the Service may, in accordance with
regulations of the Surgeon General, be admitted thereto for temporary
treatment and care in case of emergency.
(c) Authorization for outside treatment
Persons whose care and treatment is authorized by subsection (a) of
this section may, in accordance with regulations, receive such care and
treatment at the expense of the Service from public or private medical
or hospital facilities other than those of the Service, when authorized
by the officer in charge of the station at which the application is
made.
(July 1, 1944, ch. 373, title III, 322, 58 Stat. 696; June 25,
1948, ch. 654, 3, 62 Stat. 1018; Aug. 8, 1956, ch. 1036, 3, 70 Stat.
1120; Aug. 13, 1964, Pub. L. 88-424, 78 Stat. 398; Dec. 5, 1967, Pub.
L. 90-174, 10(c), 81 Stat. 541; Aug. 13, 1981, Pub. L. 97-35, title
IX, 986(a), (b)(1), (2), 95 Stat. 603.)
1981 -- Subsec. (a). Pub. L. 97-35, 986(a), (b)(2), redesignated
subsec. (c) as (a). Former subsec. (a), which related to persons
entitled to medical, etc., treatment and hospitalization, was struck
out.
Subsec. (b). Pub. L. 97-35, 986(a), (b)(2), redesignated subsec.
(d) as (b). Former subsec. (b), which related to treatment for seamen
on foreign-flag vessels, was struck out.
Subsec. (c). Pub. L. 97-35, 986(b)(1), (2), redesignated subsec.
(e) as (c), substituted ''subsection (a)'' for ''subsection (c)'', and
struck out ''entitled to care and treatment under subsection (a) of this
section and persons'' after ''Persons''. Former subsec. (c)
redesignated (a).
Subsecs. (d), (e). Pub. L. 97-35, 986(b)(2), redesignated subsecs.
(d) and (e) as (b) and (c), respectively.
1967 -- Subsec. (a)(7). Pub. L. 90-174 substituted provision for
entitlement to treatment and hospitalization of seamen-trainees, while
participating in maritime training programs to develop or enhance their
employability in maritime industry, for provision for such entitlement
of employees and noncommissioned officers in field service of Public
Health Service when injured or taken sick in line of duty.
1964 -- Subsec. (a)(8). Pub. L. 88-424 added par. (8).
1948 -- Subsec. (e). Act June 25, 1948, permitted Service to provide
for care and treatment of individuals detained in accordance with our
quarantine laws.
Section 986(c) of Pub. L. 97-35 provided that: ''The amendments and
repeals made by this section (amending this section and sections 201 and
254e of this title) shall take effect on October 1, 1981.''
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 all other officers of Department of Justice and
functions of all agencies and employees of such Department transferred,
with a few exceptions, to Attorney General, with power vested in him to
authorize their performance or the 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, 8(a), Sept. 6, 1966, 80
Stat. 662. Immigration and Naturalization Service, referred to in this
section, is a bureau in Department of Justice.
Section 988 of Pub. L. 97-35 provided that:
''(a) The Secretary shall provide, by contract or other arrangement
with a Federal entity and without charge but subject to subsection (b),
for the continuation of inpatient hospital services (and outpatient
services related to the condition of hospitalization) to any individual
who --
''(1) on September 30, 1981, is receiving inpatient hospital services
at a Public Health Service hospital on the basis of the entitlement
contained in section 322(a) of the Public Health Service Act (42 U.S.C.
249(a)), as such section was in effect on such date, for treatment of a
condition,
''(2) requires continued hospitalization after such date for
treatment of that condition (or requires outpatient services related to
such condition), and
''(3) the Secretary determines has no other source of inpatient
hospital services available for continued treatment of that condition.
''(b) Services may not be provided under subsection (a) to an
individual after the earlier of --
''(1) September 30, 1982,
''(2) the end of the first 60-day consecutive period (beginning after
September 30, 1981) during the entire period of which the individual is
not an inpatient of a hospital.
''(c) Notwithstanding any other provision of law, the head of any
Federal department or agency which provides, under other authority of
law and through federal facilities, inpatient hospital services or
outpatient services, or both, is authorized to provide inpatient
hospital services (and related outpatient services) to individuals under
contract or other arrangement with the Secretary pursuant to this
section.''
Section 810(c), formerly 710(c), of act July 1, 1944, as renumbered
by acts Aug. 13, 1946, ch. 958, 5, 60 Stat. 1049; July 30, 1956,
ch. 779, 3(b), 70 Stat. 720, which gave foreign seamen the same
benefits as accorded seamen employed on United States vessels under
subsec. (a)(1) of this section, was repealed effective Jan. 25, 1948,
by Joint Res. July 25, 1947, ch. 327, 2(b), 61 Stat. 451.
Third party tort liability to United States for hospital and medical
care, except for treatment of seamen, see section 2651 et seq. of this
title.
42 USC 250. Medical care and treatment of Federal prisoners
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Service shall supervise and furnish medical treatment and other
necessary medical, psychiatric, and related technical and scientific
services, authorized by section 4005 of title 18, in penal and
correctional institutions of the United States.
(July 1, 1944, ch. 373, title III, 323, 58 Stat. 697.)
''Section 4005 of title 18'' substituted in text for ''the Act of May
13, 1930, as amended (U.S.C., 1940 edition, title 18, secs. 751, 752)''
on authority of act June 25, 1948, ch. 645, 62 Stat. 684, the first
section of which enacted Title 18, Crimes and Criminal Procedure.
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.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of this title.
Transfer of appropriations for Federal Prison System to Public Health
Service for expenditure for medical relief for inmates, see section 250a
of this title.
42 USC 250a. Transfer of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There may be transferred to the Health Resources and Services
Administration such amounts as may be necessary, in the discretion of
the Attorney General, for direct expenditures by that Administration for
medical relief for inmates of Federal penal and correctional
institutions.
(Oct. 28, 1991, Pub. L. 102-140, title I, 105 Stat. 790.)
Section was enacted as part of the appropriation act cited as the
credit to this section, and not as part of the Public Health Service Act
which comprises this chapter.
Section was formerly classified to section 341h of title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Similar provisions were contained in the following prior
appropriation acts:
Nov. 5, 1990, Pub. L. 101-515, title II, 104 Stat. 2114.
Nov. 21, 1989, Pub. L. 101-162, title II, 103 Stat. 1000.
Oct. 1, 1988, Pub. L. 100-459, title II, 102 Stat. 2196.
Dec. 22, 1987, Pub. L. 100-202, 101(a) (title II), 101 Stat. 1329,
1329-13.
Oct. 18, 1986, Pub. L. 99-500, 101(b) (title II), 100 Stat.
1783-39, 1783-49, and Oct. 30, 1986, Pub. L. 99-591, 101(b) (title
II), 100 Stat. 3341-39, 3341-49.
Dec. 13, 1985, Pub. L. 99-180, title II, 99 Stat. 1144.
Aug. 30, 1984, Pub. L. 98-411, title II, 98 Stat. 1556.
Nov. 28, 1983, Pub. L. 98-166, title II, 97 Stat. 1084.
Dec. 21, 1982, Pub. L. 97-377, 101(d) (S. 2956, title II), 96 Stat.
1866.
Dec. 15, 1981, Pub. L. 97-92, 101(h) (incorporating Pub. L.
96-536, 101o; H.R. 7584, title II), 95 Stat. 1190.
Dec. 16, 1980, Pub. L. 96-536, 101o (H.R. 7584, title II), 94 Stat.
3169.
Sept. 24, 1979, Pub. L. 96-68, title II, 93 Stat. 421.
Oct. 10, 1978, Pub. L. 95-431, title II, 92 Stat. 1028.
Aug. 2, 1977, Pub. L. 95-86, title II, 91 Stat. 427.
July 14, 1976, Pub. L. 94-362, title II, 90 Stat. 945.
Oct. 21, 1975, Pub. L. 94-121, title II, 89 Stat. 620.
Oct. 5, 1974, Pub. L. 93-433, title II, 88 Stat. 1194.
Nov. 27, 1973, Pub. L. 93-162, title II, 87 Stat. 643.
Oct. 25, 1972, Pub. L. 92-544, title II, 86 Stat. 1116.
Aug. 10, 1971, Pub. L. 92-77, title II, 85 Stat. 253.
Oct. 21, 1970, Pub. L. 91-472, title II, 84 Stat. 1047.
Dec. 24, 1969, Pub. L. 91-153, title II, 83 Stat. 410.
Aug. 9, 1968, Pub. L. 90-470, title II, 82 Stat. 675.
Nov. 8, 1967, Pub. L. 90-133, title II, 81 Stat. 418.
Nov. 8, 1966, Pub. L. 89-797, title II, 80 Stat. 1487.
Sept. 2, 1965, Pub. L. 89-164, title II, 79 Stat. 628.
Aug. 31, 1964, Pub. L. 88-527, title II, 78 Stat. 719.
Dec. 30, 1963, Pub. L. 88-245, title II, 77 Stat. 783.
Oct. 18, 1962, Pub. L. 87-843, title II, 76 Stat. 1088.
Sept. 21, 1961, Pub. L. 87-264, title II, 75 Stat. 553.
Aug. 31, 1960, Pub. L. 86-678, title II, 74 Stat. 563.
July 13, 1959, Pub. L. 86-84, title II, 73 Stat. 189.
June 30, 1958, Pub. L. 85-474, title II, 72 Stat. 252.
June 11, 1957, Pub. L. 85-49, title II, 71 Stat. 62.
June 20, 1956, ch. 414, title II, 70 Stat. 307.
July 7, 1955, ch. 279, title II, 69 Stat. 273.
42 USC 251. Medical examination and treatment of Federal employees;
medical care at remote stations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Surgeon General is authorized to provide at institutions,
hospitals, and station of the Service medical, surgical, and hospital
services and supplies for persons entitled to treatment under subchapter
I of Chapter 81 of title 5 and extensions thereof. The Surgeon General
may also provide for making medical examinations of --
(1) employees of the Federal Government for retirement purposes;
(2) employees in the Federal classified service, and applicants for
appointment, as requested by the Director of the Office of Personnel
Management for the purpose of promoting health and efficiency;
(3) seamen for purposes of qualifying for certificates of service;
and
(4) employees eligible for benefits under the Longshore and Harbor
Workers' Compensation Act, as amended (33 U.S.C. 901 et seq.), as
requested by any deputy commissioner thereunder.
(b) The Secretary is authorized to provide medical, surgical, and
dental treatment and hospitalization and optometric care for Federal
employees (as defined in section 8901(1) of title 5) and their
dependents at remote medical facilities of the Public Health Service
where such care and treatment are not otherwise available. Such
employees and their dependents who are not entitled to this care and
treatment under any other provision of law shall be charged for it at
rates established by the Secretary to reflect the reasonable cost of
providing the care and treatment. Any payments pursuant to the
preceding sentence shall be credited to the applicable appropriation to
the Public Health Service for the year in which such payments are
received.
(July 1, 1944, ch. 373, title III, 324, 58 Stat. 697; Dec. 5, 1967,
Pub. L. 90-174, 10(a), (b), 81 Stat. 540; 1978 Reorg. Plan No. 2,
102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Jan. 14, 1983,
Pub. L. 97-468, title VI, 615(b)(4), 96 Stat. 2578; Sept. 28, 1984,
Pub. L. 98-426, 27(d)(2), 98 Stat. 1654.)
The Longshore and Harbor Workers' Compensation Act, as amended,
referred to in subsec. (a)(4), is act Mar. 4, 1927, ch. 509, 44 Stat.
1424, as amended, which is classified generally to chapter 18 ( 901 et
seq.) of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see section 901 of Title 33 and
Tables.
In subsec. (a), ''subchapter I of chapter 81 of title 5''
substituted for ''United States Employees' Compensation Act'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
1984 -- Subsec. (a)(4). Pub. L. 98-426 substituted ''Longshore and
Harbor Workers' Compensation Act'' for ''Longshoremen's and Harbor
Workers' Compensation Act''.
1983 -- Subsec. (a)(1). Pub. L. 97-468 struck out ''employees of the
Alaska Railroad and'' before ''employees of the Federal Government''.
1967 -- Subsec. (a). Pub. L. 90-174, 10(a), designated existing
provisions as subsec. (a) and redesignated cls. (a) to (d) as cls.
(1) to (4), respectively.
Subsec. (b). Pub. L. 90-174, 10(b), added subsec. (b).
Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section
28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of
Title 33, Navigation and Navigable Waters.
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
''Director of the Office of Personnel Management'' substituted for
''Civil Service Commission'' in subsec. (a)(2), pursuant to Reorg.
Plan No. 2 of 1978, 102, 43 F.R. 36037, 92 Stat. 3783, set out under
section 1101 of Title 5, Government Organization and Employees, which
transferred all 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.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of this title.
42 USC 252. Medical examination of aliens
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Surgeon General shall provide for making, at places within the
United States or in other countries, such physical and mental
examinations of aliens as are required by the immigration laws, subject
to administrative regulations prescribed by the Attorney General and
medical regulations prescribed by the Surgeon General with the approval
of the Secretary.
(July 1, 1944, ch. 373, title III, 325, 58 Stat. 697; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
The immigration laws, referred to in text, mean chapter 12 ( 1101 et
seq.) of Title 8, Aliens and Nationality, and all laws, conventions, and
treaties of the United States relating to the immigration, exclusion,
deportation, or expulsion of aliens. See section 1101(a)(17) of Title
8.
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.
42 USC 253. Medical services to Coast Guard, National Oceanic and
Atmospheric Administration, and Public Health Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Persons entitled to medical services
Subject to regulations of the President --
(1) commissioned officers, chief warrant officers, warrant officers,
cadets, and enlisted personnel of the Regular Coast Guard on active
duty, including those on shore duty and those on detached duty; and
Regular, and temporary members of the United States Coast Guard Reserve
when on active duty;
(2) commissioned officers, ships' officers, and members of the crews
of vessels of the National Oceanic and Atmospheric Administration on
active duty, including those on shore duty and those on detached duty;
and
(3) commissioned officers of the Regular or Reserve Corps of the
Public Health Service on active duty;
shall be entitled to medical, surgical, and dental treatment and
hospitalization by the Service. The Surgeon General may detail
commissioned officers for duty aboard vessels of the Coast Guard or the
National Oceanic and Atmospheric Administration.
(b) Health care for involuntarily separated officers and dependents
(1) The Secretary may provide health care for an officer of the
Regular or Reserve Corps involuntarily separated from the Service, and
for any dependent of such officer, if --
(A) the officer or dependent was receiving health care at the expense
of the Service at the time of separation; and
(B) the Secretary finds that the officer or dependent is unable to
obtain appropriate insurance for the conditions for which the officer or
dependent was receiving health care.
(2) Health care may be provided under paragraph (1) for a period of
not more than one year from the date of separation of the officer from
the Service.
(c) Examination of personnel of Service assigned to Coast Guard or
National Oceanic and Atmospheric Administration
The Service shall provide all services referred to in subsection (a)
of this section required by the Coast Guard or National Oceanic and
Atmospheric Administration and shall perform all duties prescribed by
statute in connection with the examinations to determine physical or
mental condition for purposes of appointment, enlistment, and
reenlistment, promotion and retirement, and officers of the Service
assigned to duty on Coast Guard or National Oceanic and Atmospheric
Administration vessels may extend aid to the crews of American vessels
engaged in deep-sea fishing.
(July 1, 1944, ch. 373, title III, 326, 58 Stat. 697; June 7, 1956,
ch. 374, 306(3), 70 Stat. 254; Apr. 8, 1960, Pub. L. 86-415, 5(d), 74
Stat. 34; July 19, 1963, Pub. L. 88-71, 2, 77 Stat. 83; 1965 Reorg.
Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090;
Oct. 7, 1985, Pub. L. 99-117, 5, 99 Stat. 492.)
1985 -- Subsec. (b). Pub. L. 99-117 added subsec. (b).
1963 -- Subsec. (b). Pub. L. 88-71, 2(a), repealed subsec. (b)
which provided for treatment of dependents of personnel. See section
253a(b) of this title.
Subsec. (c). Pub. L. 88-71, 2(b), inserted ''or Coast and Geodetic
Survey'' after ''Coast Guard'' in two places.
1960 -- Subsec. (a). Pub. L. 86-415 struck out provisions which
authorized medical, surgical, and dental care and hospitalization for
retired personnel of Coast Guard, Coast and Geodetic Survey, and Public
Health Service.
1956 -- Subsec. (b). Act June 7, 1956, repealed subsec. (b) except
insofar as it related to dependent members of families of ships'
officers and members of crews of vessels of Coast and Geodetic Survey.
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.
Amendment by act June 7, 1956, effective six months after June 7,
1956, see section 307 of act June 7, 1956.
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.
Members of Coast Guard Reserve entitled to benefits of subsecs. (a)
and (b) of this section, see section 705 of Title 14, Coast Guard.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of this title.
42 USC 253a. Medical services to retired personnel of National Oceanic
and Atmospheric Administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Eligibility
Subject to regulations of the President, retired ships' officers and
retired members of the crews of vessels of the National Oceanic and
Atmospheric Administration shall be entitled to medical, surgical, and
dental treatment and hospitalization by the Public Health Service if the
ships' officer or crew member, (1) was on active duty as a vessel
employee of the National Oceanic and Atmospheric Administration on July
1, 1963, or on July 19, 1963, whichever is later, and his employment as
a vessel employee was continuous from that date until retirement, or (2)
was retired as a vessel employee of the National Oceanic and Atmospheric
Administration on or before July 1, 1963, or on July 19, 1963, whichever
is later.
(b) Treatment of dependents of personnel
Subject to regulations of the President, dependent members of
families (as defined in such regulations) of ships' officers and members
of crews of vessels of the National Oceanic and Atmospheric
Administration, whether such, ships' officers and members of crew are on
active duty or retired, shall be furnished medical advice and outpatient
treatment by the Public Health Service and, if suitable accommodations
are available, they shall also be furnished hospitalization by the
Public Health Service if the ships' officer or crew member (1) was on
active duty as a vessel employee of the National Oceanic and Atmospheric
Administration on July 1, 1963, or on July 19, 1963, whichever is later,
and his employment as a vessel employee has been continuous from that
time, or (2) was on active duty as a vessel employee of the National
Oceanic and Atmospheric Administration on July 1, 1963, or on July 19,
1963, whichever is later, and his employment as a vessel employee was
continuous from that time until retirement, or (3) was retired as a
vessel employee of the National Oceanic and Atmospheric Administration
on or before July 1, 1963, or on July 19, 1963, whichever is later.
When dependent members of families are hospitalized, a per diem charge,
at such uniform rate as may be prescribed from time to time for the
hospitalization of dependents of members of the uniformed services at
hospitals of the uniformed services pursuant to section 1078(a) of title
10 shall be made.
(c) Identification
The National Oceanic and Atmospheric Administration shall furnish
proper identification to those persons entitled to medical treatment
under the provisions of this section.
(Pub. L. 88-71, 1, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No.
2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan
No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L.
98-498, title III, 310(b), (c), Oct. 19, 1984, 98 Stat. 2306, 2307.)
Section was not enacted as part of the Public Health Service Act
which comprises this chapter.
1984 -- Subsec. (a). Pub. L. 98-498, 310(b), substituted ''by the
Public Health Service if'' for ''at facilities of the Public Health
Service: Provided, That''.
Subsec. (b). Pub. L. 98-498, 310(c), struck out ''at its hospitals
and relief stations'' before ''and, if suitable accommodations'' and
substituted ''by the Public Health Service if'' for ''at hospitals of
the Public Health Service: Provided, That''.
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.
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.
Ex. Ord. No. 11160, July 6, 1964, 29 F.R. 9315, provided:
By virtue of the authority vested in me by the first section of the
Act of July 19, 1963 (Public Law 88-71, 77 Stat. 83, 42 U.S.C. 253a)
(this section), and as President of the United States, I hereby
prescribe the following regulations relating to the medical care of
certain retired personnel of the Coast and Geodetic Survey (now National
Oceanic and Atmospheric Administration) and dependents of Coast and
Geodetic Survey (now National Oceanic and Atmospheric Administration)
ships' officers and crew members, both active and retired.
Section 1. Definitions. As used in these regulations, the term:
(1) ''Retired ships' officer and retired crew member'' means a
noncommissioned ships' officer or crew member of a vessel of the Coast
and Geodetic Survey (now National Oceanic and Atmospheric
Administration) who either was on active duty as a vessel employee on
July 19, 1963, and whose employment as such vessel employee was
continuous from that date until the date of his retirement, or who had
retired as a vessel employee on or before July 19, 1963.
(2) ''Active duty ships' officer and active duty crew member'' means
a noncommissioned ships' officer or crew member on active duty as a
vessel employee of the Coast and Geodetic Survey (now National Oceanic
and Atmospheric Administration) on July 19, 1963, and whose employment
as such vessel employee has been continuous from that time.
(3) ''Dependent members of families'', with respect to active duty or
retired ships' officers or crew members, means:
(A) the lawful wife;
(B) the unmarried legitimate child, including an adopted child or
stepchild, who has not passed his twenty-first birthday; and
(C) the father or mother, if in fact dependent upon such active duty
or retired ships' officer or crew member for over one-half of his or her
support.
(4) ''Relief stations'' means Public Health Service outpatient
clinics and outpatient offices.
(5) ''Outpatient clinic'' means a full-time outpatient medical
facility, operated in Federally owned or leased space under the
supervision of a commissioned medical officer or a full-time civil
service medical officer (formerly known as a Second-Class Relief
Station).
(6) ''Outpatient office'' means a part-time outpatient facility
serving all classes of legal beneficiaries, located in other than
Federal space, and in the charge of a local private physician under
contract to the Service to provide medical care on an annual or fee
basis (formerly known as a Third-Class Relief Station).
Sec. 2. Persons entitled to treatment. The following persons shall
be entitled to medical care under these regulations:
(1) Retired ships' officers and retired crew members of the Coast and
Geodetic Survey (now National Oceanic and Atmospheric Administration);
(2) Dependent members of families of persons described in paragraph
(1) of this section;
(3) Dependent members of families of active duty ships' officers and
crew members of the Coast and Geodetic Survey (now National Oceanic and
Atmospheric Administration).
Sec. 3. Application for treatment; evidence of eligibility. Persons
entitled to medical care under Section 2 of these regulations, when
applying to Public Health Service medical care facilities for medical
care, shall produce proper identification, as issued to them by the
Coast and Geodetic Survey (now National Oceanic and Atmospheric
Administration), and such identification shall be accepted as evidence
of eligibility for such medical care by the Service.
Sec. 4. Extent of treatment; retired ships' officers and crew
members. Subject to the limitation imposed by paragraph (2) of this
section, retired ships' officers and crew members entitled to medical
care under these regulations shall be furnished:
(1) Medical, surgical, and dental treatment at hospitals, outpatient
clinics, and outpatient offices of the Service, and hospitalization at
hospitals of the Service. The Service will not be responsible for
defraying the cost of hospitalization, medical services, and supplies
procured elsewhere.
(2) Dental treatment shall be furnished to the extent that facilities
and services at hospitals and outpatient clinics of the Service having
full-time dental officers on duty are available to provide such
treatment. At other Service facilities, dental treatment shall be
limited to emergency measures necessary to relieve pain.
Sec. 5. Extent of treatment; dependent members of families;
charges. (a) Dependent members of families shall be furnished medical
advice and outpatient treatment at hospitals, outpatient clinics, and
outpatient offices of the Service and, if suitable accommodations are
available, shall be furnished hospitalization at hospitals of the
Service. The Service will not be responsible for defraying the cost of
hospitalization, medical services, and supplies procured elsewhere.
(b) For the purpose of this section --
(1) Medical advice and outpatient treatment may include such services
and supplies as the Medical Officer in Charge may deem to be necessary
for reasonable and adequate treatment.
(2) Hospitalization shall be furnished when, in the opinion of the
Medical Officer in Charge, suitable accommodations are available and the
condition of the patient is such as to require hospitalization. When
hospitalization is authorized, it may include such services and supplies
as the Medical Officer in Charge may deem to be necessary for reasonable
and adequate treatment.
(c) Charges shall be made for hospitalization of dependent members of
families at the same per diem rate as is prescribed for dependents of
members of the uniformed services pursuant to section 1078(a) of Title
10 of the United States Code.
(d) Dental treatment may be furnished to the extent that facilities
and services at hospitals and outpatient clinics of the Service having
full-time dental officers are available to provide such treatment.
Dental care will not be furnished under any circumstances in private
facilities at the expense of the Service.
Sec. 6. Prior orders. Executive Order No. 9703 of March 12, 1946,
prescribing regulations relating to medical care of certain personnel of
the Coast Guard, Coast and Geodetic Survey (now National Oceanic and
Atmospheric Administration), Public Health Service, and former
Lighthouse Service, is hereby amended to the extent necessary to conform
it to the provisions of this order.
Lyndon B. Johnson.
42 USC 253b. Former Lighthouse Service employees; medical service
eligibility
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Subject to regulations of the President, lightkeepers, assistant
lightkeepers, and officers and crews of vessels of the former Lighthouse
Service, including any such persons who subsequent to June 30, 1939,
were involuntarily assigned to other civilian duty in the Coast Guard,
who were entitled to medical relief at hospitals and other stations of
the Public Health Service prior to July 1, 1944, and who retired under
the provisions of section 763 of title 33, shall be entitled to medical,
surgical, and dental treatment and hospitalization at hospitals and
other stations of the Public Health Service.
(Pub. L. 93-353, title I, 108(a), July 23, 1974, 88 Stat. 371.)
Section was enacted as a part of Health Services Research, Health
Statistics, and Medical Libraries Act of 1974, and also as a part of
Health Services Research and Evaluation and Health Statistics Act of
1974, and not as a part of the Public Health Service Act which comprises
this chapter.
Section 108(b) of Pub. L. 93-353 provided that: ''Subsection (a)
(enacting this section) shall be effective from December 28, 1973.''
42 USC 254. Interdepartmental work
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Nothing contained in this part shall affect the authority of the
Service to furnish any materials, supplies, or equipment, or perform any
work of services, requested in accordance with sections 1535 and 1536 of
title 31, or the authority of any other executive department to furnish
any materials, supplies, or equipment, or perform any work or services,
requested by the Department of Health and Human Services for the Service
in accordance with that section.
(July 1, 1944, ch. 373, title III, 327, 58 Stat. 697; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 17, 1979, Pub. L. 96-88, title V, 509(b), 93 Stat. 695.)
''Sections 1535 and 1536 of title 31'' substituted in text for
''section 7 of the Act of May 21, 1920, as amended (U.S.C., 1940
edition, title 31, sec. 686)'' on authority of Pub. L. 97-258, 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
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.
42 USC 254a. Sharing of medical care facilities and resources
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Definitions
For purposes of this section --
(1) the term ''specialized health resources'' means health care
resources (whether equipment, space, or personnel) which, because of
cost, limited availability, or unusual nature, are either unique in the
health care community or are subject to maximum utilization only through
mutual use;
(2) the term ''hospital'', unless otherwise specified, includes (in
addition to other hospitals) any Federal hospital.
(b) Statement of purpose; agreements or arrangements; reciprocity;
reimbursement; credits
For the purpose of maintaining or improving the quality of care in
Public Health Service facilities and to provide a professional
environment therein which will help to attract and retain highly
qualified and talented health personnel, to encourage mutually
beneficial relationships between Public Health Service facilities and
hospitals and other health facilities in the health care community, and
to promote the full utilization of hospitals and other health facilities
and resources, the Secretary may --
(1) enter into agreements or arrangements with schools of medicine,
schools of osteopathic medicine, and with other health professions
schools, agencies, or institutions, for such interchange or cooperative
use of facilities and services on a reciprocal or reimbursable basis, as
will be of benefit to the training or research programs of the
participating agencies; and
(2) enter into agreements or arrangements with hospitals and other
health care facilities for the mutual use or the exchange of use of
specialized health resources, and providing for reciprocal
reimbursement.
Any reimbursement pursuant to any such agreement or arrangement shall
be based on charges covering the reasonable cost of such utilization,
including normal depreciation and amortization costs of equipment. Any
proceeds to the Government under this subsection shall be credited to
the applicable appropriation of the Public Health Service for the year
in which such proceeds are received.
(July 1, 1944, ch. 373, title III, 327A, formerly 328, as added
Dec. 5, 1967, Pub. L. 90-174, 7, 81 Stat. 539, renumbered 327A, Nov.
10, 1978, Pub. L. 95-626, title I, 113(a)(2), 92 Stat. 3562, and
amended Nov. 4, 1988, Pub. L. 100-607, title VI, 629(a)(1), 102 Stat.
3146.)
1988 -- Subsec. (b)(1). Pub. L. 100-607 inserted ''schools of
osteopathic medicine,'' after ''schools of medicine,'' and
''professions'' after ''health''.
42 USC Part D -- Primary Health Care
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart i -- primary health centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1978 -- Pub. L. 95-626, title I, 113(a)(3), Nov. 10, 1978, 92
Stat. 3562, added heading ''Part D -- Primary Health Care'' and,
immediately under it, heading ''Subpart I -- Primary Health Centers''.
42 USC 254a-1. Repealed. Pub. L. 99-117, 12(c), Oct. 7, 1985, 99
Stat. 495
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 328, as added Nov.
10, 1978, Pub. L. 95-626, title I, 114, 92 Stat. 3563, and amended
Pub. L. 96-88, title V, 509(b), Oct. 17, 1979, 93 Stat. 695, related
to hospital-affiliated primary care centers.
A prior section 328 of act July 1, 1944, ch. 373, title III, as
added Dec. 5, 1967, Pub. L. 90-174, 7, 81 Stat. 539, which was
classified to section 254a of this title, was renumbered as section 327A
of act July 1, 1944, by Pub. L. 95-626, title I, 113(a)(2), Nov. 20,
1978, 92 Stat. 3562.
42 USC 254b. Migrant health centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Definitions
For purposes of this section:
(1) The term ''migrant health center'' means an entity which either
through its staff and supporting resources or through contracts or
cooperative arrangements with other public or private entities provides
--
(A) primary health services,
(B) as may be appropriate for particular centers, supplemental health
services necessary for the adequate support of primary health services,
(C) referral to providers of supplemental health services and
payment, as appropriate and feasible, for their provision of such
services,
(D) environmental health services, including, as may be appropriate
for particular centers (as determined by the centers), the detection and
alleviation of unhealthful conditions associated with water supply,
sewage treatment, solid waste disposal, rodent and parasitic
infestation, field sanitation, housing, and other environmental factors
related to health,
(E) as may be appropriate for particular centers (as determined by
the centers), infectious and parasitic disease screening and control,
(F) as may be appropriate for particular centers, accident prevention
programs, including prevention of excessive pesticide exposure,
(G) information on the availability and proper use of health services
and services which promote and facilitate optimal use of health
services, including, if a substantial number of the individuals in the
population served by a center are of limited English-speaking ability,
the services of appropriate personnel fluent in the language spoken by a
predominant number of such individuals, and
(H) patient case management services (including outreach, counseling,
referral, and follow-up services),
for migratory agricultural workers, seasonal agricultural workers,
and the members of the families of such migratory and seasonal workers,
within the area it serves (referred to in this section as a ''catchment
area'') and individuals who have previously been migratory agricultural
workers but can no longer meet the requirements of paragraph (2) of this
subsection because of age or disability and members of their families
within the area it serves.
(2) The term ''migratory agricultural worker'' means an individual
whose principal employment is in agriculture on a seasonal basis, who
has been so employed within the last twentyfour months, and who
establishes for the purposes of such employment a temporary abode.
(3) The term ''seasonal agricultural workers'' /1/ means an
individual whose principal employment is in agriculture on a seasonal
basis and who is not a migratory agricultural worker.
(4) The term ''agriculture'' means farming in all its branches,
including --
(A) cultivation and tillage of the soil,
(B) the production, cultivation, growing, and harvesting of any
commodity grown on, in, or as an adjunct to or part of a commodity grown
in or on, the land, and
(C) any practice (including preparation and processing for market and
delivery to storage or to market or to carriers for transportation to
market) performed by a farmer or on a farm incident to or in conjunction
with an activity described in subparagraph (B).
(5) The term ''high impact area'' means a health service area or
other area which has not less than four thousand migratory agricultural
workers and seasonal agricultural workers residing within its boundaries
for more than two months in any calendar year. In computing the number
of workers residing in an area, there shall be included as workers the
members of the families of such workers.
(6) The term ''primary health services'' means --
(A) services of physicians and, where feasible, services of
physicians' assistants and nurse clinicians;
(B) diagnostic laboratory and radiologic services;
(C) preventive health services (including children's eye and ear
examinations to determine the need for vision and hearing correction,
perinatal services, well child services, and family planning services);
(D) emergency medical services;
(E) transportation services as required for adequate patient care;
(F) preventive dental services; and
(G) pharmaceutical services, as may be appropriate for particular
centers.
(7) The term ''supplemental health services'' means services which
are not included as primary health services and which are --
(A) hospital services;
(B) home health services;
(C) extended care facility services;
(D) rehabilitative services (including physical therapy) and
long-term physical medicine;
(E) mental health services;
(F) dental services;
(G) vision services;
(H) allied health services;
(I) therapeutic radiologic services;
(J) public health services (including, for the social and other
nonmedical needs which affect health status, counseling, referral for
assistance, and followup services);
(K) ambulatory surgical services;
(L) health education services (including nutrition education); and
(M) other services appropriate to meet the health needs of the
population served by the migrant health center involved.
(b) Priority areas for project and program assistance; assignment
and determination of priorities; approval of application for grant to
area without migratory agricultural workers
(1) The Secretary shall assign to high impact areas and any other
areas (where appropriate) priorities for the provision of assistance
under this section to projects and programs in such areas. The highest
priorities for such assistance shall be assigned to areas where the
Secretary determines the greatest need exists.
(2) No application for a grant under subsection (c) or (d) of this
section for a project in an area which has no migratory agricultural
workers may be approved unless grants have been provided for all
approved applications under such subsections for projects in areas with
migratory agricultural workers.
(c) Grants pursuant to assigned priorities to public and nonprofit
private entities for projects to plan and develop centers; costs
includable and criteria for grants; grants or contracts with public and
nonprofit private entities for projects to plan and develop programs in
areas without centers and specified migratory population; scope of
programs for grants or contracts; number of grants or contracts;
determination of amount of grants
(1)(A) The Secretary may, in accordance with the priorities assigned
under subsection (b)(1) of this section, make grants to public and
nonprofit private entities for projects to plan and develop migrant
health centers which will serve migratory agricultural workers, seasonal
agricultural workers, and the members of the families of such migratory
and seasonal workers, in high impact areas. A project for which a grant
may be made under this subparagraph may include the cost of the
acquisition, expansion, and modernization of existing buildings and
construction of new buildings (including the costs of amortizing the
principal of, and paying the interest on, loans) and the costs of
providing training related to the management of migrant health center
programs, and shall include --
(i) an assessment of the need that the workers (and the members of
the families of such workers) proposed to be served by the migrant
health center for which the project is undertaken have for primary
health services, supplemental health services, and environmental health
services;
(ii) the design of a migrant health center program for such workers
and the members of their families, based on such assessment;
(iii) efforts to secure, within the proposed catchment area of such
center, financial and professional assistance and support for the
project; and
(iv) initiation and encouragement of continuing community involvement
in the development and operation of the project.
(B) The Secretary may make grants to or enter into contracts with
public and nonprofit private entities for projects to plan and develop
programs in areas in which no migrant health center exists and in which
not more than four thousand migratory agricultural workers and their
families reside for more than two months --
(i) for the provision of emergency care to migratory agricultural
workers, seasonal agricultural workers, and the members of families of
such migratory and seasonal workers;
(ii) for the provision of primary care (as defined in regulations of
the Secretary) for such workers and the members of their families;
(iii) for the development of arrangements with existing facilities to
provide primary health services (not included as primary care as defined
under regulations under clause (ii)) to such workers and the members of
their families; or
(iv) which otherwise improve the health of such workers and their
families.
Any such program may include the acquisition, expansion, and
modernization of existing buildings, construction of new buildings, and
providing training related to the management of programs assisted under
this subparagraph.
(2) Not more than two grants may be made under paragraph (1)(A) for
the same project, and if a grant or contract is made or entered into
under paragraph (1)(B) for a project, no other grant or contract under
that paragraph may be made or entered into for the project.
(3) The amount of any grant made under paragraph (1) for any project
shall be determined by the Secretary.
(d) Grants for centers in high impact areas; programs in areas in
which no migrant health center exists; health services provided on a
prepaid basis; two-grant maximum; maximum amount of grant; payments
(1)(A)(i) The Secretary may, in accordance with priorities assigned
under subsection (b)(1) of this section, make grants for the costs of
operation of public and nonprofit private migrant health centers in high
impact areas.
(ii) If the Secretary makes a determination that an area is a high
impact area, the Secretary may alter the determination only after
providing to the grantee under subclause (i) for the area, and to other
interested entities in the area, reasonable notice with respect to such
determination and a reasonable opportunity to offer information with
respect to such determination.
(B) The Secretary may make grants to and enter into contracts with
public and nonprofit private entities for projects for the operation of
programs in areas in which no migrant health center exists and in which
not more than four thousand migratory agricultural workers and their
families reside for more than two months --
(i) for the provision of emergency care to migratory agricultural
workers, seasonal agricultural workers, and the members of the families
of such migratory and seasonal workers;
(ii) for the provision of primary care (as defined in regulations of
the Secretary) for such workers and the members of their families;
(iii) for the development of arrangements with existing facilities to
provide primary health services (not included as primary care as defined
under regulations under clause (ii)) to such workers and the members of
their families; or
(iv) which otherwise improve the health of such workers and the
members of their families.
Any such program may include the acquisition, expansion, and
modernization of existing buildings, construction of new buildings, and
providing training related to the management of programs assisted under
this subparagraph.
(C) The Secretary may make grants to migrant health centers to enable
the centers to plan and develop the provision of health services on a
prepaid basis to some or to all of the individuals which the centers
serve. Such a grant may only be made for such a center if --
(i) the center has received grants under subparagraph (A) of this
paragraph for at least two consecutive years preceding the year of the
grant under this subparagraph;
(ii) the governing board of the center (described in subsection
(f)(3)(G) of this section) requests, in a manner prescribed by the
Secretary, that the center provide health services on a prepaid basis to
some or to all of the population which the center serves; and
(iii) the center provides assurances satisfactory to the Secretary
that the provision of such services on a prepaid basis will not result
in the diminution of health services provided by the center to the
population the center served prior to the grant under this subparagraph.
Any such grant may include the acquisition, expansion, and
modernization of existing buildings, construction of new buildings, and
providing training related to the management of the provision of health
services on a prepaid basis.
(2) The costs for which a grant may be made under paragraph (1)(A)
may include the costs of acquiring, expanding, and modernizing existing
buildings and constructing new buildings (including the costs of
amortizing the principal of, and paying the interest on, loans) and the
costs of repaying loans made by the Farmers Home Administration for
buildings; and the costs for which a grant or contract may be made
under paragraph (1) may include the costs of providing training related
to the provision of primary health services, supplemental health
services, and environmental health services, and to the management of
migrant health center programs.
(3) Not more than two grants may be made under paragraph (1)(C) for
the same entity.
(4)(A) The amount of any grant made in any fiscal year under
subparagraph (A) of paragraph (1) to a health center shall be determined
by the Secretary, but may not exceed the amount by which the costs of
operation of the center in such fiscal year exceed the total of --
(i) State, local, and other operational funding, and
(ii) the fees, premiums, and third-party reimbursements,
which the center may reasonably be expected to receive for its
operations in such fiscal year. In determining the amount of such a
grant for a center, if the application for the grant requests funds for
a service described in subparagraph (D) or (E) of subsection (a)(1) of
this section (other than to the extent the funds would be used for the
improvement of private property) or a supplemental health service
described in subparagraph (B), (F), (J), or (L) of subsection (a)(7) of
this section, the Secretary shall include, in an amount determined by
the Secretary and to the extent funds are available under appropriation
Acts, funds for such service unless the Secretary makes a written
finding that such service is not needed and provides the applicant with
a copy of such finding.
(B) Payments under grants under subparagraph (A) of paragraph (1)
shall be made in advance or by way of reimbursement and in such
installments as the Secretary finds necessary and adjustments may be
made for overpayments or underpayments, except that if in any fiscal
year the sum of --
(i) the total of the amounts described in clauses (i) and (ii) of
subparagraph (A) of this paragraph received by a center in such fiscal
year, and
(ii) the amount of the grant to the center in such fiscal year,
exceeded the costs of the center's operation in such fiscal year
because the amount received by the center from fees, premiums, and
third-party reimbursements was greater than expected, an adjustment in
the amount of the grant to the center in the succeeding fiscal year
shall be made in such a manner that the center shall be entitled to
retain the additional amount of fees, premiums, and other third party
reimbursements as the center will use (I) to expand and improve its
services, (II) to increase the number of persons (eligible under
subsection (a) of this section to receive services from such a center)
it is able to serve, (III) to construct, expand, and modernize its
facilities, (IV) to improve the administration of its service programs,
and (V) to establish the financial reserve required for the furnishing
of services on a prepaid basis. Without the approval of the Secretary,
not more than one-half of such retained sum may be used for construction
and modernization of its facilities.
(e) Contracts with public and private entities for implementation and
enforcement of environmental health standards and projects and studies
related to environmental health hazard problems
The Secretary may enter into contracts with public and private
entities to --
(1) assist the States in the implementation and enforcement of
acceptable environmental health standards, including enforcement of
standards for sanitation in migrant labor camps and applicable Federal
and State pesticide control standards; and
(2) conduct projects and studies to assist the several States and
entities which have received grants or contracts under this section in
the assessment of problems related to camp and field sanitation,
pesticide hazards, and other environmental health hazards to which
migratory agricultural workers, seasonal agricultural workers, and
members of their families are exposed.
(f) Approval of application as prerequisite for grant or contract;
form and manner of submission and contents of application;
determination of entity as center as prerequisite for approval of
application; criteria for determination; priorities for applications;
improvements of private property; nonapplicability of statutory
provisions to contracts; new building grant conditions
(1) No grant may be made under subsection (c) or (d) of this section
and no contract may be entered into under subsection (c)(1)(B),
(d)(1)(B), or (e) of this section unless an application therefore /2/ is
submitted to, and approved by, the Secretary. Such an application shall
be submitted in such form and manner and shall contain such information
as the Secretary shall prescribe. An application for a grant or
contract which will cover the costs of modernizing a building shall
include, in addition to other information required by the Secretary --
(A) a description of the site of the building,
(B) plans and specifications for its modernization, and
(C) reasonable assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of work on the
modernization of the building will be paid wages at rates not less than
those prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with the Act of March 3, 1931 (40
U.S.C. 276a -- 276a-5, known as the Davis-Bacon Act).
The Secretary of Labor shall have with respect to the labor standards
referred to in subparagraph (C) the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C.
Appendix) and section 276c of title 40.
(2) An application for a grant under subparagraph (A) of subsection
(d)(1) of this section for a migrant health center shall include --
(A) a description of the need in the center's catchment area for each
of the health services described in subparagraphs (D) and (E) of
subsection (a)(1) of this section and in subparagraphs (B), (F), (J),
and (L) of subsection (a)(7) of this section,
(B) if the applicant determines that any such service is not needed,
the basis for such determination, and
(C) if the applicant does not request funds for any such service
which the applicant determines is needed, the reason for not making such
a request.
In considering an application for a grant under subparagraph (A) of
subsection (d)(1) of this section, the Secretary may require as a
condition to the approval of such application assurance that the
applicant will provide any specified health service described in
subsection (a) of this section which the Secretary finds is needed to
meet specific health needs of the area to be served by the applicant.
Such a finding shall be made in writing and a copy shall be provided the
applicant.
(3) The Secretary may not approve an application for a grant under
subsection (d)(1)(A) of this section unless the Secretary determines
that the entity for which the application is submitted is a migrant
health center (within the meaning of subsection (a)(1) of this section)
and that --
(A) the primary health services of the center will be available and
accessible in the center's catchment area promptly, as appropriate, and
in a manner which assures continuity;
(B) the center will have organizational arrangements, established in
accordance with regulations of the Secretary, for (i) an ongoing quality
assurance program (including utilization and peer review systems)
respecting the center's services, and (ii) maintaining the
confidentiality of patient records;
(C) the center will demonstrate its financial responsibility by the
use of such accounting procedures and other requirements as may be
prescribed by the Secretary;
(D) the center (i) has or will have a contractual or other
arrangement with the agency of the State, in which it provides services,
which administers or supervises the administration of a State plan
approved under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) for the payment of all or a part of the center's costs in
providing health services to persons who are eligible for medical
assistance under such a State plan, or (ii) has made or will make every
reasonable effort to enter into such an arrangement;
(E) the center has made or will make and will continue to make every
reasonable effort to collect appropriate reimbursement for its costs in
providing health services to persons who are entitled to insurance
benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), to medical assistance under a State plan approved under title XIX
of such Act (42 U.S.C. 1396 et seq.), or to assistance for medical
expenses under any other public assistance program or private health
insurance program;
(F) the center (i) has prepared a schedule of fees or payments for
the provision of its services consistent with locally prevailing rates
or charges and designed to cover its reasonable costs of operation and
has prepared a corresponding schedule of discounts to be applied to the
payment of such fees or payments, which discounts are adjusted on the
basis of the patient's ability to pay, (ii) has made and will continue
to make every reasonable effort (I) to secure from patients payment for
services in accordance with such schedules, and (II) to collect
reimbursement for health services to persons described in subparagraph
(E) on the basis of the full amount of fees and payments for such
services without application of any discount, and (iii) has submitted to
the Secretary such reports as he may require to determine compliance
with this subparagraph;
(G) the center has established a governing board which (i) is
composed of individuals a majority of whom are being served by the
center and who, as a group, represent the individuals being served by
the center, and (ii) selects the services to be provided by the center,
schedules the hours during which such services will be provided,
approves the center's annual budget, approves the selection of a
director for the center, and, except in the case of a public center (as
defined in the second sentence of this paragraph), establishes general
policies for the center; and if the application is for a second or
subsequent grant for a public center, the governing body of the center
has approved the application or if the governing body has not approved
the application, the failure of the governing body to approve the
application was unreasonable;
(H) the center has developed, in accordance with regulations of the
Secretary, (i) an overall plan and budget that meets the requirements of
section 1861(z) of the Social Security Act (42 U.S.C. 1395x(z)), and
(ii) an effective procedure for compiling and reporting to the Secretary
such statistics and other information as the Secretary may require
relating to (I) the costs of its operations, (II) the patterns of use of
its services, (III) the availability, accessibility, and acceptability
of its services, (IV) such other matters relating to operations of the
applicant as the Secretary may, by regulation, require, and (V)
expenditures made from any amount the center was permitted to retain
under subsection (d)(4)(B) of this section;
(I) the center will review periodically its catchment area to (i)
insure that the size of such area is such that the services to be
provided through the center (including any satellite) are available and
accessible to the migratory agricultural workers, seasonal agricultural
workers, and the members of the families of such migratory and seasonal
workers, in the area promptly and as appropriate, (ii) insure that the
boundaries of such area conform, to the extent practicable, to relevant
boundaries of political subdivisions, school districts, and Federal and
State health and social service programs, and (iii) insure that the
boundaries of such area eliminate, to the extent possible, barriers to
access to the services of the center, including barriers resulting from
the area's physical characteristics, its residential patterns, its
economic and social groupings, and available transportation; and
(J) in the case of a center which serves a population including a
substantial proportion of individuals of limited English-speaking
ability, the center has (i) developed a plan and made arrangements
responsive to the needs of such population for providing services to the
extent practicable in the language and cultural context most appropriate
to such individuals, and (ii) identified an individual on its staff who
is fluent in both that language and English and whose responsibilities
shall include providing guidance to such individuals and to appropriate
staff members with respect to cultural sensitivities and bridging
linguistic and cultural differences.
For purposes of subparagraph (G) and subsection (h)(4) of this
section, the term ''public center'' means a migrant health center funded
(or to be funded) through a grant under this section to a public agency.
(4) In considering applications for grants and contracts under
subsection (c) or (d)(1)(B) of this section, the Secretary shall give
priority to applications submitted by community-based organizations
which are representative of the populations to be served through the
projects, programs, or centers to be assisted by such grants or
contracts.
(5) The Secretary, in making a grant under this section to a migrant
health center for the provision of environmental health services
described in subsection (a)(1)(D) of this section, may designate a
portion of the grant to be expended for improvements to private property
for which the written consent of the owner has been obtained and which
are necessary to alleviate a hazard to the health of those residing on,
or otherwise using, the property and of other persons in the center's
catchment area. A center may make such an expenditure for an
improvement under a grant only after the Secretary has specifically
approved such expenditure and has determined that funds for the
improvement are not available from any other source.
(6) Contracts may be entered into under this section without regard
to section 3324(a) and (b) of title 31 and section 5 of title 41.
(7) The Secretary may make a grant under subsection (c) or (d) of
this section for the construction of new buildings for a migrant health
center or a migrant health program only if the Secretary determines that
appropriate facilities are not available through acquiring, modernizing,
or expanding existing buildings and that the entity to which the grant
will be made has made reasonable efforts to secure from other sources
funds, in lieu of the grant, to construct such facilities.
(g) Technical and other nonfinancial assistance for centers or public
or private nonprofit entities operating as centers without determination
of status; resources list
(1) The Secretary may provide (either through the Department of
Health and Human Services or by grant or contract) all necessary
technical and other nonfinancial assistance (including fiscal and
program management assistance and training in such management) to any
migrant health center or to any public or private nonprofit entity to
assist it in developing plans for, and in operating as, a migrant health
center, and in meeting the requirements of subsection (f)(2) of this
section.
(2) The Secretary shall make available to each grant recipient under
this section a list of available Federal and non-Federal resources to
improve the environmental and nutritional status of individuals in the
recipient's catchment area.
(h) Authorization of appropriations; reduction in infant mortality
and health management for infants and pregnant women; obligation for
grants and contracts
(1)(A) For the purposes of subsections (c) through (e) of this
section, there are authorized to be appropriated $48,500,000 for fiscal
year 1989, such sums as may be necessary for fiscal years 1990 and 1991,
and such sums as may be necessary for each of the fiscal years 1992
through 1994.
(B) Of the amounts appropriated pursuant to subparagraph (A) for a
fiscal year, the Secretary may obligate for grants and contracts under
subsection (c)(1) of this section not more than 2 percent, for grants
under subsection (d)(1)(C) of this section not more than 5 percent, and
for contracts under subsection (e) of this section not more than 10
percent.
(2)(A) For the purpose of carrying out subparagraph (B), there are
authorized to be appropriated $1,500,000 for fiscal year 1989,
$2,000,000 for fiscal year 1990, $2,500,000 for fiscal year 1991, and
such sums as may be necessary for each of the fiscal years 1992 through
1994.
(B) The Secretary may make grants to migrant health centers to assist
such centers in --
(i) providing services for the reduction of the incidence of infant
mortality; and
(ii) developing and coordinating referral arrangements between
migrant health centers and other entities for the health management of
infants and pregnant women.
(C) In making grants under subparagraph (B), the Secretary shall give
priority to migrant health centers providing services in any catchment
area in which there is a substantial incidence of infant mortality or in
which there is a significant increase in the incidence of infant
mortality.
(3) The Secretary may not expend in any fiscal year, for grants under
this section to public centers (as defined in the second sentence of
subsection (f)(3) of this section) the governing boards of which (as
described in subsection (f)(3)(G)(ii) of this section) do not establish
general policies for such centers, an amount which exceeds 5 per centum
of the funds appropriated under this section for that fiscal year.
(i) Delegation of authority to administer programs; exception
The Secretary may delegate the authority to administer the programs
authorized by this section to any office within the Service, except that
the authority to enter into, modify, or issue approvals with respect to
grants or contracts may be delegated only within the central office of
the Health Resources and Services Administration.
(July 1, 1944, ch. 373, title III, 329, formerly 310, as added
Sept. 25, 1962, Pub. L. 87-692, 76 Stat. 592, and amended Aug. 5, 1965,
Pub. L. 89-109, 3, 79 Stat. 436; Oct. 15, 1968, Pub. L. 90-574, title
II, 201, 82 Stat. 1006; Mar. 12, 1970, Pub. L. 91-209, 84 Stat. 52;
June 18, 1973, Pub. L. 93-45, title I, 105, 87 Stat. 91; renumbered
319, July 23, 1974, Pub. L. 93-353, title I, 102(d), 88 Stat. 362, and
amended July 29, 1975, Pub. L. 94-63, title IV, 401(a), title VII,
701(c), 89 Stat. 334, 352; Apr. 22, 1976, Pub. L. 94-278, title VIII,
801(a), 90 Stat. 414; Aug. 1, 1977, Pub. L. 95-83, title III, 303, 91
Stat. 388; renumbered 329 and amended Nov. 10, 1978, Pub. L. 95-626,
title I, 102(a), 103(a)-(g)(1)(B), (2), (h), (i), 92 Stat. 3551-3555;
July 10, 1979, Pub. L. 96-32, 6(a), 93 Stat. 83; Oct. 17, 1979, Pub.
L. 96-88, title V, 509(b), 93 Stat. 695; Aug. 13, 1981, Pub. L. 97-35,
title IX, 930, 95 Stat. 569; Dec. 21, 1982, Pub. L. 97-375, title I,
107(b), 96 Stat. 1820; Apr. 24, 1986, Pub. L. 99-280, 6, 7, 100 Stat.
400, 401; Aug. 10, 1988, Pub. L. 100-386, 2, 102 Stat. 919; Nov. 6,
1990, Pub. L. 101-527, 9(b), 104 Stat. 2333.)
The Social Security Act, referred to in subsec. (f)(3)(D), (E), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII
and XIX of the Social Security Act are classified generally to
subchapters XVIII ( 1395 et seq.) and XIX ( 1396 et seq.) of chapter 7
of this title, respectively. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.
In subsec. (f)(6), ''section 3324(a) and (b) of title 31''
substituted for reference to section 3648 of the Revised Statutes (31
U.S.C. 529) on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Prior to its renumbering as section 329 of act July 1, 1944 by
section 102(a) of Pub. L. 95-626, this section was designated as
section 310 of act July 1, 1944, and set out as section 242h of this
title, and was subsequently renumbered as section 319 of act July 1,
1944 and set out as section 247d of this title.
A prior section 254b, act July 1, 1944, ch. 373, title III, 329, as
added Dec. 31, 1970, Pub. L. 91-623, 2, 84 Stat. 1868, and amended
Nov. 18, 1971, Pub. L. 92-157, title II, 203, 85 Stat. 462; Oct.
27, 1972, Pub. L. 92-585, 2, 86 Stat. 1290; July 29, 1975, Pub. L.
94-63, title VIII, 801-803, 89 Stat. 353, 354; Oct. 12, 1976, Pub.
L. 94-484, title I, 101(b), 90 Stat. 2244, which related to the
establishment of the National Health Service Corps, assignment of
personnel and statement of purpose, was repealed by Pub. L. 94-484,
title IV, 407(b)(1), Oct. 12, 1976, 90 Stat. 2268. See section 254d
et seq. of this title.
1990 -- Subsec. (h)(1)(A), (2)(A). Pub. L. 101-527 inserted
provisions authorizing such sums as necessary for fiscal years 1992
through 1994.
1988 -- Subsec. (a)(1)(H). Pub. L. 100-386, 2(a), added subpar.
(H).
Subsec. (a)(7)(M). Pub. L. 100-386, 2(b), added subpar. (M).
Subsec. (c)(1)(A). Pub. L. 100-386, 2(e)(1)(A), substituted
''acquisition, expansion, and modernization of existing buildings and
construction of new buildings'' for ''acquisition and modernization of
existing buildings'' in introductory provisions.
Subsec. (c)(1)(B). Pub. L. 100-386, 2(e)(1)(B), substituted
''acquisition, expansion, and modernization of existing buildings,
construction of new buildings,'' for ''acquisition and modernization of
existing buildings'' in concluding provisions.
Subsec. (d)(1)(A). Pub. L. 100-386, 2(c), designated existing
provision as cl. (i) and added cl. (ii).
Subsec. (d)(1)(B). Pub. L. 100-386, 2(e)(1)(C), substituted
''acquisition, expansion, and modernization of existing buildings,
construction of new buildings,'' for ''acquisition and modernization of
existing buildings'' in concluding provisions.
Subsec. (d)(1)(C). Pub. L. 100-386, 2(e)(1)(D), substituted
''acquisition, expansion, and modernization of existing buildings,
construction of new buildings,'' for ''acquisition and modernization of
existing buildings'' in concluding provisions.
Subsec. (d)(2). Pub. L. 100-386, 2(e)(1)(E), substituted
''acquiring, expanding, and modernizing existing buildings and
constructing new buildings'' for ''acquiring and modernizing existing
buildings''.
Subsec. (d)(4)(A)(i). Pub. L. 100-386, 2(f)(1), amended cl. (i)
generally, substituting ''State, local, and operational funding'' for
''the State, local, and other funds''.
Subsec. (d)(4)(B). Pub. L. 100-386, 2(f)(2), substituted ''shall be
entitled to retain the additional amount of fees, premiums, and other
third party reimbursements as the center will use'' for ''may retain
such an amount (equal to not less than one-half of the amount by which
such sum exceeded such costs) as the center can demonstrate to the
satisfaction of the Secretary will be used to enable the center'' in
concluding provisions.
Subsec. (d)(4)(B)(III). Pub. L. 100-386, 2(e)(1)(F), substituted
''construct, expand, and modernize'' for ''construct and modernize''.
Subsec. (f)(3)(F)(i). Pub. L. 100-386, 2(d), inserted ''consistent
with locally prevailing rates or charges and'' and substituted
''operation and has prepared'' for ''operation and''.
Subsec. (f)(7). Pub. L. 100-386, 2(e)(2), added par. (7).
Subsec. (h)(1). Pub. L. 100-386, 2(h)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''For the
purposes of subsections (c), (d), and (e) of this section, there are
authorized to be appropriated $43,000,000 for the fiscal year ending
September 30, 1982, $47,500,000 for the fiscal year ending September 30,
1983, $51,000,000 for the fiscal year ending September 30, 1984,
$45,400,000 for fiscal year 1987 and $45,400,000 for fiscal year 1988.
The Secretary may not obligate for grants and contracts under subsection
(c)(1) of this section in any fiscal year an amount which exceeds 2 per
centum of the funds appropriated under this paragraph for that fiscal
year, the Secretary may not obligate for grants under subsection
(d)(1)(C) of this section in any fiscal year an amount which exceeds 5
per centum of such funds, and the Secretary may not obligate for
contracts under subsection (e) of this section in any fiscal year an
amount which exceeds 10 per centum of such funds.''
Subsec. (h)(2), (3). Pub. L. 100-386, 2(h)(2), added par. (2) and
redesignated former par. (2) as (3).
Subsec. (i). Pub. L. 100-386, 2(g), added subsec. (i).
1986 -- Subsec. (d)(2). Pub. L. 99-280, 7, inserted ''and the costs
of repaying loans made by the Farmers Home Administration for
buildings'' before the semicolon.
Subsec. (h)(1). Pub. L. 99-280, 6, struck out ''and'' after
''1983,'' and inserted '', $45,400,000 for fiscal year 1987 and
$45,400,000 for fiscal year 1988''.
1982 -- Subsec. (f)(5). Pub. L. 97-375 struck out direction to the
Secretary to annually notify the appropriate committees of Congress of
the amounts expended and the improvements for which they were spent.
1981 -- Subsec. (h). Pub. L. 97-35 in par. (1) substituted
provisions respecting appropriations for fiscal years ending Sept. 30,
1982, 1983, and 1984, for provisions respecting appropriations for
fiscal year 1976, and fiscal years ending Sept. 30, 1977, 1978, 1979,
1980, and 1981, struck out par. (2) which related to appropriations for
grants and contracts under subsec. (d)(1) of this section, struck out
par. (3) which related to minimum obligations under subsec. (d)(1) of
this section, and redesignated par. (4) as (2).
1979 -- Subsec. (a)(7)(L). Pub. L. 96-32 substituted a period for
''; and'' at end.
1978 -- Subsec. (a)(1)(D), (E). Pub. L. 95-626, 103(a)(1)(A),
inserted ''(as determined by the centers)'' after ''as may be
appropriate for particular centers''.
Subsec. (a)(1)(G). Pub. L. 95-626, 103(a)(1)(B), inserted ''and
services which promote and facilitate optimal use of health services,
including, if a substantial number of the individuals in the population
served by a center are of limited English-speaking ability, the services
of appropriate personnel fluent in the language spoken by a predominant
number of such individuals''.
Pub. L. 95-626, 103(a)(1)(C), in provision following subpar. (G),
inserted ''and individuals who have previously been migratory
agricultural workers but can no longer meet the requirements of
paragraph (2) of this subsection because of age or disability and
members of their families within the area it serves''.
Subsec. (a)(5). Pub. L. 95-626, 103(c), substituted ''four
thousand'' for ''six thousand''.
Subsec. (a)(6)(G). Pub. L. 95-626, 103(a)(2), added subpar. (G).
Subsec. (a)(7). Pub. L. 95-626, 103(a)(3), struck out subpar. (I)
relating to pharmaceutical services and subpar. (N) relating to
services which promote and facilitate optimal use of primary health
services, redesignated subpars. (J), (K), (L), and (M) as (I), (J),
(K), and (L), respectively, in subpar. (J) as so redesignated,
substituted ''(including, for the social and other nonmedical needs
which affect health status, counseling, referral for assistance, and
followup services)'' for ''(including nutrition education and social
services)'' and in subpar. (L) as so redesignated, inserted
''(including nutrition education)'' after ''health education services''.
Subsec. (b)(1). Pub. L. 95-626, 103(b), substituted ''areas where
the Secretary determines the greatest need exists'' for ''areas in which
reside the greatest number of migratory agricultural workers and the
members of their families for the longest period of time''.
Subsec. (c)(1)(B). Pub. L. 95-626, 103(c), substituted ''four
thousand'' for ''six thousand''.
Subsec. (d)(1). Pub. L. 95-626, 103(c), (d)(1), (3)(A), struck out
subpar. (B) relating to the power of the Secretary to make grants for
the costs of the operation of public and nonprofit entities which intend
to become migrant health centers, redesignated subpar. (C) as (B), and
in subpar. (B) as so redesignated, substituted ''four thousand'' for
''six thousand'' and added subpar. (C).
Subsec. (d)(2). Pub. L. 95-626, 103(d)(2)(A), substituted ''made
under paragraph (1)(A) may include'' for ''made under paragraph (1)(A)
or (1)(B) may include''.
Subsec. (d)(3). Pub. L. 95-626, 103(e), substituted ''Not more than
two grants may be made under paragraph (1)(C) for the same entity'' for
''The amount of any grant made under paragraph (1) shall be determined
by the Secretary''.
Subsec. (d)(4). Pub. L. 95-626, 103(e), added par. (4).
Subsec. (f). Pub. L. 95-626, 103(d)(2)(B), (f), (g)(1)(A), (B), (2),
redesignated pars. (2), (3), and (4) as (3), (4), and (6),
respectively, added pars. (2) and (5), substituted ''(d)(1)(B)'' for
''(d)(1)(C)'' in par. (1), in par. (3)(G) as so redesignated,
substituted ''(ii) selects the services to be provided by the center,
schedules the hours during which such services will be provided,
approves the center's annual budget, approves the selection of a
director for the center, and, except in the case of a public center (as
defined in the second sentence of this paragraph), establishes general
policies for the center; and if the application is for a second or
subsequent grant for a public center, the governing body of the center
has approved the application or if the governing has not approved the
application, the failure of the governing body to approve the
application was unreasonable'' for ''(ii) establishes general policies
for the center (including the selection of services to be provided by
the center and a schedule of hours during which services will be
provided), approves the center's annual budget, and approves the
selection of a director for the center'', added cl. (V) in par.
(3)(H), and inserted definition of ''public center'' following par.
(3)(J), and, in par. (4) as so redesignated, substituted ''(d)(1)(B)''
for ''(d)(1)(C)''.
Subsec. (g). Pub. L. 95-626, 103(h), designated existing provisions
as par. (1) and added par. (2).
Subsec. (h)(1). Pub. L. 95-626, 103(i)(1), inserted provisions
authorizing appropriations of $2,200,000 for fiscal year ending Sept.
30, 1979, $2,500,000 for fiscal year ending Sept. 30, 1980, and
$2,900,000 for fiscal year ending Sept. 30, 1981, and substituted ''the
next five fiscal years'' for ''the next two fiscal years''.
Subsec. (h)(2). Pub. L. 95-626, 103(d)(2)(C), (3)(B), (i)(2),
inserted provisions authorizing appropriations of $40,800,000 for fiscal
year ending Sept. 30, 1979, $46,000,000 for fiscal year ending Sept.
30, 1980, and $52,100,000 for fiscal year ending Sept. 30, 1981,
substituted ''any fiscal year'' for ''fiscal years ending September 30,
1977, and September 30, 1978'' after ''Of the funds appropriated under
the first sentence for'', substituted ''(d)(1)(B)'' for ''(d)(1)(C)''
wherever appearing in existing provisions, and inserted provision that
not more than 5 per centum of appropriated funds be made available for
grants under subsection (d)(1)(C) of this section.
Subsec. (h)(3). Pub. L. 95-626, 103(i)(3), substituted ''In any
fiscal year, the Secretary shall obligate for payments under grants and
contracts in such fiscal year under subsection (d)(1) of this section
for the provision of inpatient and outpatient hospital services not less
than 10 per centum of the amount appropriated in such fiscal year under
paragraph (2)'' for ''There are authorized to be appropriated for
payments under grants and contracts under subsection (d)(1) of this
section for the provision of inpatient and outpatient hospital services
$5,000,000 for fiscal year 1976, $5,000,000 for the fiscal year ending
September 30, 1977, and $4,230,000 for the fiscal year ending September
30, 1978''.
Subsec. (h)(4). Pub. L. 95-626, 103(i)(4), added par. (4).
1977 -- Subsec. (h)(1). Pub. L. 95-83, 303(a), substituted
provision for an appropriation authorization for fiscal year ending
Sept. 30, 1977, for prior such authorization for fiscal year 1977,
authorized appropriation of $2,950,000 for fiscal year ending Sept. 30,
1978, and substituted in second sentence ''each of the next two fiscal
years'' for ''the next fiscal year''.
Subsec. (h)(2). Pub. L. 95-83, 303(b), substituted provision for an
appropriation authorization for fiscal year ending Sept. 30, 1977, for
prior such authorization for fiscal year 1977, authorized appropriation
of $32,080,000 for fiscal year ending Sept. 30, 1978, and substituted
in third sentence ''fiscal years ending September 30, 1977, and
September 30, 1978'' for ''fiscal year 1977''.
Subsec. (h)(3). Pub. L. 95-83, 303(c), substituted provision for an
appropriation authorization for fiscal year ending Sept. 30, 1977, for
prior such authorization for fiscal year 1977, and authorized
appropriation of $4,230,000 for fiscal year ending Sept. 30, 1978.
1976 -- Subsec. (a)(7). Pub. L. 94-278 added subpar. (L) and
redesignated former subpars. (L) and (M) as (M) and (N), respectively.
1975 -- Subsec. (a). Pub. L. 94-63, 401(a), 701(c), designated
existing provision as subsec. (a) and, as so designated, substituted
provisions defining specified terms, for provisions setting forth health
services for domestic agricultural migrants and authorizing
appropriations from fiscal year ending June 30, 1966 through fiscal year
ending June 30, 1975 for implementation of programs and projects.
Subsecs. (b) to (h). Pub. L. 94-63, 401(a), added subsecs. (b) to
(h).
1973 -- Pub. L. 93-45 authorized appropriations of $26,750,000 for
fiscal year ending June 30, 1974.
1970 -- Pub. L. 91-209 substituted ''Secretary'' for ''Surgeon
General'', authorized appropriations of $20,000,000, $25,000,000, and
$30,000,000 for fiscal years ending June 3, 1971, June 30, 1972, and
June 30, 1973, respectively, made bringing about of continuity in health
services one of the objects of the Secretary's grants for special
projects, inserted parenthetical reference to allied health professions
personnel, authorized the Secretary to provide funds towards health
services for those performing seasonal agricultural services, and
provided for the representation of all elements of the migratory worker
population, whose health needs are to be met, in the development of
health programs and that such persons be given an opportunity to
participate in the implementation of such programs.
1968 -- Pub. L. 90-574 inserted provisions authorizing
appropriations of $9,000,000 for fiscal year ending June 30, 1969, and
$15,000,000 for fiscal year ending June 30, 1970.
1965 -- Pub. L. 89-109 substituted ''not to exceed $7,000,000 for
the first year ending June 30, 1966, $8,000,000 for the fiscal year
ending June 30, 1967, and $9,000,000 for the fiscal year ending June 30,
1968'' for ''for the fiscal year ending June 30, 1963, the fiscal year
ending June 30, 1964, and the fiscal year ending June 30, 1965, such
sums, not to exceed $3,000,000 for any year, as may be necessary'', and
inserted ''including necessary hospital care, and'' in cl. (1)(ii).
''Department of Health and Human Services'' substituted for
''Department of Health, Education, and Welfare'' in subsec. (g)(1)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Section 5 of Pub. L. 100-386 provided that: ''The amendments made
by this Act (amending this section and section 254c of this title) shall
take effect October 1, 1988, or upon the date of the enactment of this
Act (Aug. 10, 1988), whichever occurs later.''
Section 103(g)(1)(C) of Pub. L. 95-626 provided that: ''The change
in the governing board requirements for migrant health centers made by
the amendment by subparagraph (A) to section 329(f)(3)(G)(ii) of the
Public Health Service Act (subsec. (f)(3)(G)(ii) of this section) shall
not apply with respect to any public migrant health center which met the
governing board requirements in effect under section 319(f)(2)(G)(ii) of
such Act (subsec. (f)(2)(G)(ii) of this section) before October 1,
1978.''
Section 103(j) of Pub. L. 95-626 provided that: ''The amendments
made by this section (amending this section) shall apply with respect to
grants and contracts made under section 329 of the Public Health Service
Act (this section) from appropriations for the fiscal years ending after
September 30, 1978.''
Amendment by section 401(a) of Pub. L. 94-63, generally revising and
redesignating provisions relating to migrant health centers, effective
July 1, 1975, see section 608 of Pub. L. 94-63, set out as a note under
section 247b of this title.
This section is popularly known as the ''Migrant Health Act''.
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.
Pub. L. 101-508, title IV, 4161(a)(7), Nov. 5, 1990, 104 Stat.
1388-94, provided that:
''(A) Study. -- The Comptroller General shall conduct a study of
whether physicians practicing in community and migrant health centers
are able to obtain admitting privileges at local hospitals. The study
shall review --
''(i) how many physicians practicing in such centers are without
hospital admitting privileges or have been denied admitting privileges
at a local hospital, and
''(i)((ii))(I) the criteria hospitals use in deciding whether to
grant admitting privileges and (II) whether such criteria act as
significant barriers to health center physicians obtaining hospital
privileges.
''(B) Report. -- By not later than 18 months after the date of the
enactment of this Act (Nov. 5, 1990), the Comptroller General shall
submit a report on the study under subparagraph (A) to the Committees on
Ways and Means and Energy and Commerce of the House of Representatives
and shall include in such report such recommendations as the Comptroller
General deems appropriate.''
Congressional Committees
Section 401(c) of Pub. L. 94-63, as amended by Pub. L. 96-88, title
V, 509(b), Oct. 17, 1979, 93 Stat. 695, required the Secretary of
Health and Human Services, in consultation with the Secretary of Housing
and Urban Development, to conduct a study of housing conditions of
agricultural migratory workers and submit a report to specific
Committees of the House of Representatives and Senate within 18 months
of the first Act making appropriations for the study.
/1/ So in original. Probably should be ''worker''.
/2/ So in original. Probably should be ''therefor''.
42 USC 254c. Community health centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Definitions
For purposes of this section, the term ''community health center''
means an entity which either through its staff and supporting resources
or through contracts or cooperative arrangements with other public or
private entities provides --
(1) primarily health services,
(2) as may be appropriate for particular centers, supplemental health
services necessary for the adequate support of primary health services,
(3) referral to providers of supplemental health services and
payment, as appropriate and feasible, for their provision of such
services,
(4) environmental health services, including, as may be appropriate
for particular centers (as determined by the centers), the detection and
alleviation of unhealthful conditions associated with water supply,
sewage treatment, solid waste disposal, rodent and parasitic
infestation, field sanitation, housing, and other environmental factors
related to health,
(5) information on the availability and proper use of health services
and services which promote and facilitate optimal use of health
services, including, if a substantial number of the individuals in the
population served by a center are of limited English-speaking ability,
the services of appropriate personnel fluent in the language spoken by a
predominant number of such individuals, and
(6) patient case management services (including outreach, counseling,
referral, and follow-up services),
for all residents of the area it serves (referred to in this section
as a ''catchment area'').
(b) Additional definitions; criteria to determine specific shortages
of personal health services; designation of medically underserved
population or termination of such designation
For purposes of this section:
(1) The term ''primary health services'' means --
(A) services of physicians and, where feasible, services of
physicians' assistants and nurse clinicians;
(B) diagnostic laboratory and radiologic services;
(C) preventive health services (including children's eye and ear
examinations to determine the need for vision and hearing correction,
perinatal services, well child services, and family planning services);
(D) emergency medical services;
(E) transportation services as required for adequate patient care;
(F) preventive dental services; and
(G) pharmaceutical services, as may be appropriate for particular
centers.
(2) The term ''supplemental health services'' means services which
are not included as primary health services and which are --
(A) hospital services;
(B) home health services;
(C) extended care facility services;
(D) rehabilitative services (including physical therapy) and
long-term physical medicine;
(E) mental health services;
(F) dental services;
(G) vision services;
(H) allied health services;
(I) therapeutic radiologic services;
(J) public health services (including, for the social and other
nonmedical needs which affect health status, counseling, referral for
assistance, and followup services);
(K) ambulatory surgical services;
(L) health education services (including nutrition education); and
(M) other services appropriate to meet the health needs of the
medically underserved population served by the community health center
involved.
(3) The term ''medically underserved population'' means the
population of an urban or rural area designated by the Secretary as an
area with a shortage of personal health services or a population group
designated by the Secretary as having a shortage of such services.
(4) In carrying out paragraph (3), the Secretary shall by regulation
prescribe criteria for determining the specific shortages of personal
health services of an area or population group. Such criteria shall --
(A) take into account comments received by the Secretary from the
chief executive officer of a State and local officials in a State; and
(B) include infant mortality in an area or population group, other
factors indicative of the health status of a population group or
residents of an area, the ability of the residents of an area or of a
population group to pay for health services and their accessibility to
them, and the availability of health professionals to residents of an
area or to a population group.
The Secretary may modify the criteria established in regulations
issued under this paragraph only after affording public notice and an
opportunity for comment on any such proposed modifications.
(5) The Secretary may not designate a medically underserved
population in a State or terminate the designation of such a population
unless, prior to such designation or termination, the Secretary provides
reasonable notice and opportunity for comment and consults with --
(A) the chief executive officer of such State;
(B) local officials in such State; and
(C) the State organization, if any, which represents a majority of
community health centers in such State.
(6) The Secretary may designate a medically underserved population
that does not meet the criteria established under paragraph (4) if the
chief executive officer of the State in which such population is located
and local officials of such State recommend the designation of such
population based on unusual local conditions which are a barrier to
access to or the availability of personal health services.
(c) Grants to public and nonprofit private entities for projects to
plan and develop centers; costs includable and criteria for grants;
number of grants; determination of amount of grants
(1) The Secretary may make grants to public and nonprofit private
entities for projects to plan and develop community health centers which
will serve medically underserved populations. A project for which a
grant may be made under this subsection may include the cost of the
acquisition, expansion, and modernization of existing buildings and
construction of new buildings (including the costs of amortizing the
principal of, and paying the interest on, loans) and shall include --
(A) an assessment of the need that the population proposed to be
served by the community health center for which the project is
undertaken has for primary health services, supplemental health
services, and environmental health services;
(B) the design of a community health center program for such
population based on such assessment;
(C) efforts to secure, within the proposed catchment area of such
center, financial and professional assistance and support for the
project; and
(D) initiation and encouragement of continuing community involvement
in the development and operation of the project.
(2) Not more than two grants may be made under this subsection for
the same project.
(3) The amount of any grant made under this subsection for any
project shall be determined by the Secretary.
(d) Grants to public and nonprofit private centers and related
entities functioning without center determination for costs of
operation; prepayment; costs includable for grants; number of grants;
determination of amount of grants; payments
(1)(A) The Secretary may make grants for the costs of operation of
public and nonprofit private community health centers which serve
medically underserved populations.
(B) The Secretary may make grants for the costs of the operation of
public and nonprofit private entities which provide health services to
medically underserved populations but with respect to which he is unable
to make each of the determinations required by subsection (e)(3) of this
section.
(C) The Secretary may make grants to community health centers to
enable the centers to plan and develop the provision of health services
on a prepaid basis to some or to all of the individuals which the
centers serve. Such a grant may only be made for such a center if --
(i) the center has received grants under subparagraph (A) of this
paragraph for at least two consecutive years preceding the year of the
grant under this subparagraph;
(ii) the governing board of the center (described in subsection
(e)(3)(G) of this section) requests, in a manner prescribed by the
Secretary, that the center provide health services on a prepaid basis to
some or to all of the population which the center serves; and
(iii) the center provides assurances satisfactory to the Secretary
that the provision of such services on a prepaid basis will not result
in the diminution of health services provided by the center to the
population the center served prior to the grant under this subparagraph.
Any such grant may include the acquisition, expansion, and
modernization of existing buildings, construction of new buildings, and
providing training related to management of the provision of health
services on a prepaid basis.
(2) The costs for which a grant may be made under paragraph (1)(A) or
(1)(B) may include the costs of acquiring, expanding, and modernizing
existing buildings and constructing new buildings (including the costs
of amortizing the principal of, and paying interest on, loans), the
costs of repaying loans made by the Farmers Home Administration for
buildings, and the costs of providing training related to the provision
of primary health services, supplemental health services and
environmental health services, and to the management of community health
center programs.
(3) Not more than two grants may be made under paragraph (1)(B) or
(1)(C) for the same entity.
(4)(A) The amount of any grant made in any fiscal year under
paragraph (1) (other than subparagraph (C)) to a community health center
shall be determined by the Secretary, but may not exceed the amount by
which the costs of operation of the center in such fiscal year exceed
the total of --
(i) State, local, and other operational funding, and
(ii) the fees, premiums, and third-party reimbursements,
which the center may reasonably be expected to receive for its
operations in such fiscal year. In determining the amount of such a
grant for a center, if the application for the grant requests funds for
a service described in subsection (a)(4) of this section (other than to
the extent the funds would be used for the improvement of private
property) or a supplemental health service described in subparagraph
(B), (F), (L), or (M) of subsection (b)(2) of this section, the
Secretary shall include, in an amount determined by the Secretary and to
the extent funds are available under appropriation Acts, funds for such
service unless the Secretary makes a written finding that such service
is not needed and provides the applicant with a copy of such finding.
(B) Payments under grants under subparagraph (A) or (B) of paragraph
(1) shall be made in advance or by way of reimbursement and in such
installments as the Secretary finds necessary and adjustments may be
made for overpayments or underpayments, except that if in any fiscal
year the sum of --
(i) the total of the amounts described in clauses (i) and (ii) of
subparagraph (A) received by a center in such fiscal year, and
(ii) the amount of the grant to the center in such fiscal year,
exceeded the costs of the center's operation in such fiscal year
because the amount received by the center from fees, premiums, and
third-party reimbursements was greater than expected, an adjustment in
the amount of the grant to the center in the succeeding fiscal year
shall be made in such a manner that the center shall be entitled to
retain the additional amount of fees, premiums, and other third party
reimbursements as the center will use (I) to expand and improve its
services, (II) to increase the number of persons (eligible to receive
services from such a center) it is able to serve, (III) to construct,
expand, and modernize its facilities, (IV) to improve the administration
of its service programs, and (V) to establish the financial reserve
required for the furnishing of services on a prepaid basis. Without the
approval of the Secretary, not more than one-half of such retained sum
may be used for construction and modernization of its facilities.
(e) Approval of application as prerequisite for grant; form and
manner of submission and contents of application; determination of
entity as center as prerequisite for approval of application; ''public
center'' defined; improvement of private property; new building grant
conditions
(1) No grant may be made under subsection (c) or (d) of this section
unless an application therefor is submitted to, and approved by, the
Secretary. Such an application shall be submitted in such form and
manner and shall contain such information as the Secretary shall
prescribe. An application for a grant which will cover the costs of
modernizing a building shall include, in addition to other information
required by the Secretary --
(A) a description of the site of the building,
(B) plans and specifications for its modernization, and
(C) reasonable assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of work on the
modernization of the building will be paid wages at rates not less than
those prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with the Act of March 3, 1931 (40
U.S.C. 276a -- 276a-5, known as the Davis-Bacon Act).
The Secretary of Labor shall have with respect to the labor standards
referred to in subparagraph (C) the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 5 U.S.C.
Appendix) and section 276c of title 40.
(2) An application for a grant under subparagraph (A) or (B) of
subsection (d)(1) of this section for a community health center shall
include --
(A) a description of the need in the center's catchment area for each
of the health services described in subsection (a)(4) of this section
and in subparagraphs (B), (F), (L), and (M) of subsection (b)(2) of this
section,
(B) if the applicant determines that any such service is not needed,
the basis for such determination, and
(C) if the applicant does not request funds for any such service
which the applicant determines is needed, the reason for not making such
a request.
Such an application shall also include a demonstration by the
applicant that the area or a population group to be served by the
applicant has a shortage of personal health services and that the center
will be located so that it will provide services to the greatest number
of persons residing in such area or included in such population group.
Such a demonstration shall be made on the basis of the criteria
prescribed by the Secretary under subsection (b)(3) of this section or
on any other criteria which the Secretary may prescribe to determine if
the area or population group to be served by the applicant has a
shortage of personal health services. In considering an application for
a grant under subparagraph (A) or (B) of subsection (d)(1) of this
section, the Secretary may require as a condition to the approval of
such application assurance that the applicant will provide any specified
health services described in subsection (a) or (b) of this section which
the Secretary finds is needed to meet specific health needs of the area
to be served by the applicant. Such a finding shall be made in writing
and a copy shall be provided the applicant.
(3) Except as provided in subsection (d)(1)(B) of this section, the
Secretary may not approve an application for a grant under paragraph
(1)(A) or (1)(B) of subsection (d) of this section unless the Secretary
determines that the entity for which the application is submitted is a
community health center (within the meaning of subsection (a) of this
section) and that --
(A) the primary health services of the center will be available and
accessible in the center's catchment area promptly, as appropriate, and
in a manner which assures continuity;
(B) the center will have organizational arrangements, established in
accordance with regulations prescribed by the Secretary, or (i) an
ongoing quality assurance program (including utilization and peer review
systems) respecting the center's services, and (ii) maintaining the
confidentiality of patient records;
(C) the center will demonstrate its financial responsibility by the
use of such accounting procedures and other requirements as may be
prescribed by the Secretary;
(D) the center (i) has or will have a contractual or other
arrangement with the agency of the State, in which it provides services,
which administers or supervises the administration of a State plan
approved under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) for the payment of all or a part of the center's costs in
providing health services to persons who are eligible for medical
assistance under such a State plan, or (ii) has made or will make every
reasonable effort to enter into such an arrangement;
(E) the center has made or will make and will continue to make every
reasonable effort to collect appropriate reimbursement for its costs in
providing health services to persons who are entitled to insurance
benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), to medical assistance under a State plan approved under title XIX
of such Act (42 U.S.C. 1396 et seq.), or to assistance for medical
expenses under any other public assistance program or private health
insurance program;
(F) the center (i) has prepared a schedule of fees or payments for
the provision of its services consistent with locally prevailing rates
or charges and designed to cover its reasonable costs of operation and
has prepared a corresponding schedule of discounts to be applied to the
payment of such fees or payments, which discounts are adjusted on the
basis of the patient's ability to pay, (ii) has made and will continue
to make every reasonable effort (I) to secure from patients payment for
services in accordance with such schedules, and (II) to collect
reimbursement for health services to persons described in subparagraph
(E) on the basis of the full amount of fees and payments for such
services without application of any discount, and (iii) has submitted to
the Secretary such reports as he may require to determine compliance
with this subparagraph;
(G) the center has established a governing board which (i) except in
the case of an entity operated by an Indian tribe or tribal or Indian
organization under the Indian Self-Determination Act (25 U.S.C. 450f et
seq.), is composed of individuals a majority of whom are being served by
the center and who, as a group, represent the individuals being served
by the center, and (ii) meets at least once a month, selects the
services to be provided by the center, schedules the hours during which
such services will be provided, approves the center's annual budget,
approves the selection of a director for the center, and, except in the
case of a governing board of a public center (as defined in the second
sentence of this paragraph), establishes general policies for the
center; and if the application is for a second or subsequent grant for
a public center, the governing body has approved the application or if
the governing body has not approved the application, the failure of the
governing body to approve the application was unreasonable;
(H) the center has developed, in accordance with regulations of the
Secretary, (i) an overall plan and budget that meets the requirements of
section 1861(z) of the Social Security Act (42 U.S.C. 1395x(z)), and
(ii) an effective procedure for compiling and reporting to the Secretary
such statistics and other information as the Secretary may require
relating to (I) the costs of its operations, (II) the patterns of use of
its services, (III) the availability, accessibility, and acceptability
of its services, (IV) such other matters relating to operations of the
applicant as the Secretary may, by regulation, require, and (V)
expenditures made from any amount the center was permitted to retain
under subsection (d)(4)(B) of this section;
(I) the center will review periodically its catchment area to (i)
insure that the size of such area is such that the services to be
provided through the center (including any satellite) are available and
accessible to the residents of the area promptly and as appropriate,
(ii) insure that the boundaries of such area conform, to the extent
practicable, to relevant boundaries of political subdivisions, school
districts, and Federal and State health and social service programs, and
(iii) insure that the boundaries of such area eliminate, to the extent
possible, barriers to access to the services of the center, including
barriers resulting from the area's physical characteristics, its
residential patterns, its economic and social groupings, and available
transportation;
(J) in the case of a center which serves a population including a
substantial proportion of individuals of limited English-speaking
ability, the center has (i) developed a plan and made arrangements
responsive to the needs of such population for providing services to the
extent practicable in the language and cultural context most appropriate
to such individuals, and (ii) identified an individual on its staff who
is fluent in both that language and in English and whose
responsibilities shall include providing guidance to such individuals
and to appropriate staff members with respect to cultural sensitivities
and bridging linguistic and cultural differences; and
(K) the center, in accordance with regulations prescribed by the
Secretary, has developed an on-going referral relationship with one or
more hospitals.
For purposes of subparagraph (G) and subsection (g)(4) of this
section, the term ''public center'' means a community health center
funded (or to be funded) through a grant under this section to a public
agency.
(4) The Secretary shall approve applications for grants under
paragraph (1)(A) or (1)(B) of subsection (d) of this section for
community health centers which --
(A) have not received a previous grant under such paragraph, or
(B) have applied for such a grant to expand their services,
in such a manner that the ratio of the medical underserved
populations in rural areas which may be expected to use the services
provided by such centers to the medical underserved populations in urban
areas which may be expected to use the services provided by such centers
is not less than two to three or greater than three to two.
(5) The Secretary, in making a grant under this section to a
community health center for the provision of environmental health
services described in subsection (a)(4) of this section, may designate a
portion of the grant to be expended for improvements to private property
for which the written consent of the owner has been obtained and which
are necessary to alleviate a hazard to the health of those residing on,
or otherwise using, the property and of other persons in the center's
catchment area. A center may make such an expenditure for an
improvement under a grant only after the Secretary has specifically
approved such expenditure and has determined that funds for the
improvement are not available from any other source.
(6) The Secretary may make a grant under subsection (c) or (d) of
this section for the construction of new buildings for a community
health center only if the Secretary determines that appropriate
facilities are not available through acquiring, modernizing, or
expanding existing buildings and that the entity to which the grant will
be made has made reasonable efforts to secure from other sources funds,
in lieu of the grant, to construct such facilities.
(f) Technical and other nonfinancial assistance; resources list
(1) The Secretary may provide (either through the Department of
Health and Human Services or by grant or contract) all necessary
technical and other nonfinancial assistance (including fiscal and
program management assistance and training in such management) to any
public or private nonprofit entity to assist it in developing plans for,
and in operating as, a community health center, and in meeting
requirements of subsection (e)(2) of this section.
(2) The Secretary shall make available to each grant recipient under
this section a list of available Federal and non-Federal resources to
improve the environmental and nutritional status of individuals in the
recipient's catchment area.
(g) Authorization of appropriations; establishment of general
policies by governing boards; reduction in infant mortality and health
management for infants and pregnant women
(1)(A) For the purpose of payments under grants under this section,
there are authorized to be appropriated $440,000,000 for fiscal year
1989, such sums as may be necessary for fiscal years 1990 and 1991, and
such sums as may be necessary for each of the fiscal years 1992 through
1994.
(B) The Secretary may not in any fiscal year --
(i) expend for grants to serve medically underserved populations
designated under subsection (b)(6) of this section an amount which
exceeds 5 percent of the funds appropriated under paragraph (1) for that
fiscal year; and
(ii) expend for grants under subsection (d)(1)(C) of this section an
amount which exceeds 5 percent of the funds appropriated under paragraph
(1) for that fiscal year.
(2)(A) For the purpose of carrying out subparagraph (B), there are
authorized to be appropriated $25,000,000 for fiscal year 1989,
$30,000,000 for fiscal year 1990, $35,000,000 for fiscal year 1991, and
such sums as may be necessary for each of the fiscal years 1992 through
1994.
(B) The Secretary may make grants to community health centers to
assist such centers in --
(i) providing services for the reduction of the incidence of infant
mortality; and
(ii) developing and coordinating referral arrangements between
community health centers and other entities for the health management of
infants and pregnant women.
(C) In making grants under subparagraph (B), the Secretary shall give
priority to community health centers providing services to any medically
underserved population among which there is a substantial incidence of
infant mortality or among which there is a significant increase in the
incidence of infant mortality.
(3) The Secretary may not expend in any fiscal year, for grants under
this section to public centers (as defined in the second sentence of
subsection (e)(3) of this section) the governing boards of which (as
described in subsection (e)(3)(G)(ii) of this section) do not establish
general policies for such centers, an amount which exceeds 5 per centum
of the funds appropriated under this section for that fiscal year.
(h) Memorandum of agreement
In carrying out this section, the Secretary may enter into a
memorandum of agreement with a State. Such memorandum may include,
where appropriate, provisions permitting such State to --
(1) analyze the need for primary health services for medically
underserved populations within such State;
(2) assist in the planning and development of new community health
centers;
(3) review and comment upon annual program plans and budgets of
community health centers, including comments upon allocations of health
care resources in the State;
(4) assist community health centers in the development of clinical
practices and fiscal and administrative systems through a technical
assistance plan which is responsive to the requests of community health
centers; and
(5) share information and data relevant to the operation of new and
existing community health centers.
(i) Audit of grants; reports; records; waiver of audit
(1) Each entity which receives a grant under subsection (d) of this
section shall provide for an independent annual financial audit of any
books, accounts, financial records, files, and other papers and property
which relate to the disposition or use of the funds received under such
grant and such other funds received by or allocated to the project for
which such grant was made. For purposes of assuring accurate, current,
and complete disclosure of the disposition or use of the funds received,
each such audit shall be conducted in accordance with generally accepted
accounting principles. Each audit shall evaluate --
(A) the entity's implementation of the guidelines established by the
Secretary respecting cost accounting,
(B) the processes used by the entity to meet the financial and
program reporting requirements of the Secretary, and
(C) the billing and collection procedures of the entity and the
relation of the procedures to its fee schedule and schedule of discounts
and to the availability of health insurance and public programs to pay
for the health services it provides.
A report of each such audit shall be filed with the Secretary at such
time and in such manner as the Secretary may require.
(2) Each entity which receives a grant under subsection (d) of this
section shall establish and maintain such records as the Secretary shall
by regulation require to facilitate the audit required by paragraph (1).
The Secretary may specify by regulation the form and manner in which
such records shall be established and maintained.
(3) Each entity which is required to establish and maintain records
or to provide for an audit under this subsection shall make such books,
documents, papers, and records available to the Secretary or the
Comptroller General of the United States, or any of their duly
authorized representatives, for examination, copying, or mechanical
reproduction on or off the premises of such entity upon a reasonable
request therefor. The Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, shall
have the authority to conduct such examination, copying, and
reproduction.
(4) The Secretary may, under appropriate circumstances, waive the
application of all or part of the requirements of this subsection to a
community health center.
(j) Delegation of authority to administer programs; exception
The Secretary may delegate the authority to administer the programs
authorized by this section to any office within the Service, except that
the authority to enter into, modify, or issue approvals with respect to
grants or contracts may be delegated only within the central office of
the Health Resources and Services Administration.
(k) Special consideration of needs of frontier areas
In making grants under this section, the Secretary shall give special
consideration to the unique needs of frontier areas.
(July 1, 1944, ch. 373, title III, 330, as added July 29, 1975, Pub.
L. 94-63, title V, 501(a), 89 Stat. 342, and amended Apr. 22, 1976,
Pub. L. 94-278, title VIII, 801(b), 90 Stat. 415; Aug. 1, 1977, Pub.
L. 95-83, title III, 304, 91 Stat. 388; Nov. 10, 1978, Pub. L. 95-626,
title I, 104(a)-(d)(3)(B), (4), (5), (e), (f), 92 Stat. 3556-3559;
July 10, 1979, Pub. L. 96-32, 6(b)-(d), 7(c), 93 Stat. 83, 84; Oct.
17, 1979, Pub. L. 96-88, title V, 509(b), 93 Stat. 695; Oct. 19, 1980,
Pub. L. 96-470, title I, 106(e), 94 Stat. 2238; Aug. 13, 1981, Pub.
L. 97-35, title IX, 903(a), 905, 906, 95 Stat. 561, 562; Jan. 4,
1983, Pub. L. 97-414, 8(e), 96 Stat. 2060; Apr. 24, 1986, Pub. L.
99-280, 2-4, 100 Stat. 399, 400; Aug. 10, 1988, Pub. L. 100-386, 3,
4, 102 Stat. 921, 923; Nov. 4, 1988, Pub. L. 100-607, title I,
163(3), 102 Stat. 3062; Dec. 19, 1989, Pub. L. 101-239, title VI,
6103(e)(5), 103 Stat. 2207; Nov. 6, 1990, Pub. L. 101-527, 9(a), 104
Stat. 2332.)
The Social Security Act, referred to in subsec. (e)(3)(D), (E), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII
and XIX of the Social Security Act are classified generally to
subchapters XVIII ( 1395 et seq.) and XIX ( 1396 et seq.) of chapter 7
of this title, respectively. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.
Act of March 3, 1931 (40 U.S.C. 276a -- 276a-5, known as the
Davis-Bacon Act), referred to in subsec. (e)(1)(C), is act Mar. 3,
1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to sections 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
The Indian Self-Determination Act, referred to in subsec.
(e)(3)(G)(i), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2206, which is classified principally to subchapter II ( 450f et seq.)
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.
1990 -- Subsec. (a)(5). Pub. L. 101-527, 9(a)(1)(A), amended par.
(5) generally. Prior to amendment, par. (5) read as follows:
''information on the availability and proper use of health services,
and''.
Subsec. (b)(2)(M), (N). Pub. L. 101-527, 9(a)(1)(B), redesignated
subpar. (N) as (M) and struck out former subpar. (M) which related to
services which promoted optimal use of health services.
Subsec. (g)(1)(A), (2)(A). Pub. L. 101-527, 9(a)(2), inserted
provisions authorizing such sums as necessary for fiscal years 1992
through 1994.
1989 -- Subsec. (e)(3)(G). Pub. L. 101-239 inserted ''except in the
case of an entity operated by an Indian tribe or tribal or Indian
organization under the Indian Self-Determination Act,'' after ''(i)''.
1988 -- Subsec. (a)(6). Pub. L. 100-386, 3(a), which directed
amendment of subsec. ''(a)(1)'' by adding a new par. (6) after par.
(5), was executed by adding par. (6) after par. (5) of subsec. (a).
Subsec. (b)(2)(N). Pub. L. 100-386, 3(b), added subpar. (N).
Subsec. (b)(4). Pub. L. 100-386, 3(c), inserted concluding provision
permitting Secretary to modify criteria established in regulations only
after public notice and opportunity for comment on any such
modification.
Subsec. (c)(1). Pub. L. 100-386, 3(e)(1)(A), substituted
''acquisition, expansion, and modernization of existing buildings and
construction of new buildings'' for ''acquisition and modernization of
existing buildings''.
Subsec. (d)(1)(C). Pub. L. 100-386, 3(e)(1)(B), substituted
''acquisition, expansion, and modernization of existing buildings,
construction of new buildings,'' for ''acquisition and modernization of
existing buildings'' in concluding provisions.
Subsec. (d)(2). Pub. L. 100-386, 3(e)(1)(C), substituted
''acquiring, expanding, and modernizing existing buildings and
constructing new buildings'' for ''acquiring and modernizing existing
buildings''.
Subsec. (d)(4)(A)(i). Pub. L. 100-386, 3(f)(1), amended cl. (i)
generally, substituting ''State, local, and other operational funding''
for ''the State, local, and other funds''.
Subsec. (d)(4)(B). Pub. L. 100-386, 3(f)(2), substituted ''shall be
entitled to retain the additional amount of fees, premiums, and other
third party reimbursements as the center will use'' for ''may retain
such an amount (equal to not less than one-half of the amount by which
such sum exceeded such costs) as the center can demonstrate to the
satisfaction of the Secretary will be used to enable the center'' in
concluding provisions.
Subsec. (d)(4)(B)(III). Pub. L. 100-386, 3(e)(1)(D), substituted
''construct, expand, and modernize'' for ''construct and modernize''.
Subsec. (e)(3)(F)(i). Pub. L. 100-386, 3(d), inserted ''consistent
with locally prevailing rates or charges and'' after ''provision of its
services'' and substituted ''operation and has prepared'' for
''operation and''.
Subsec. (e)(6). Pub. L. 100-386, 3(e)(2), added par. (6).
Subsec. (g)(1)(A). Pub. L. 100-386, 3(h)(1), redesignated former
par. (1) as subpar. (A) and amended text generally. Prior to
amendment, text read as follows: ''There are authorized to be
appropriated for payments pursuant to grants under this section
$400,000,000 for fiscal year 1987 and $400,000,000 for fiscal year
1988.''
Subsec. (g)(1)(B). Pub. L. 100-386, 3(h)(2), redesignated former
par. (2) as par. (1)(B) and former subpars. (A) and (B) thereof as
cls. (i) and (ii), respectively, and in cls. (i) and (ii) substituted
''under paragraph (1)'' for ''under this section''.
Subsec. (g)(2). Pub. L. 100-386, 3(h)(2)(B), (3), added par. (2)
and redesignated former par. (2) as par. (1)(B).
Subsec. (j). Pub. L. 100-607 redesignated subsec. (j) relating to
special consideration of needs of frontier areas, as (k).
Pub. L. 100-386, 4, added subsec. (j) relating to special
consideration of needs of frontier areas.
Pub. L. 100-386, 3(g), added subsec. (j) relating to delegation of
authority to administer programs.
Subsec. (k). Pub. L. 100-607 redesignated subsec. (j) relating to
special consideration of needs of frontier areas, as (k).
1986 -- Subsec. (b)(3) to (6). Pub. L. 99-280, 2, struck out
provisions in par. (3) requiring the Secretary to take into account
unusual local conditions that act as a barrier to accessibility to
personal health services, directing that, after Aug. 13, 1981, the
Secretary not designate a medically underserved population or remove
such designation without reasonable opportunity for comment and
consultation, and authorizing the Secretary to prescribe criteria for
determining specific shortages of personal health services, which
criteria was to include infant mortality, other factors indicative of
health status, ability of residents to pay for health services and their
accessibility to them, and availability of health professionals to
residents, and added pars. (4) to (6).
Subsec. (g)(1), (2). Pub. L. 99-280, 4, amended pars. (1) and (2)
generally. Prior to amendment, pars. (1) and (2) read as follows:
''(1) There are authorized to be appropriated for payments pursuant
to grants under subsection (c) of this section $5,000,000 for fiscal
year 1976, $5,000,000 for the fiscal year ending September 30, 1977,
$5,880,000 for the fiscal year ending September 30, 1978, $6,300,000 for
the fiscal year ending September 30, 1979, $7,500,000 for the fiscal
year ending September 30, 1980, and $9,000,000 for the fiscal year
ending September 30, 1981.
''(2) There are authorized to be appropriated for payments pursuant
to grants under subsection (d) of this section $215,000,000 for fiscal
year 1976, $235,000,000 for the fiscal year ending September 30, 1977,
$256,840,000 for the fiscal year ending September 30, 1978, $341,700,000
for the fiscal year ending September 30, 1979, $397,500,000 for the
fiscal year ending September 30, 1980, $463,000,000 for the fiscal year
ending September 30, 1981 and $280,000,000 for the fiscal year ending
September 30, 1982. For authorizations for appropriations for fiscal
years 1983 and 1984, see section 300y-1 of this title. The Secretary
may not expend for grants under subsection (d)(1)(C) of this section in
any fiscal year an amount which exceeds 5 per centum of the funds
appropriated under this paragraph for that fiscal year.''
Subsecs. (h), (i). Pub. L. 99-280, 3, added subsec. (h) and
redesignated former subsec. (h) as (i).
1983 -- Subsec. (d)(2). Pub. L. 97-414 inserted '', the costs of
repaying loans made by the Farmers Home Administration for buildings,''
before ''and the costs''.
1981 -- Subsec. (b)(3). Pub. L. 97-35, 905(a), inserted provisions
relating to designations or their removals after Aug. 13, 1981.
Subsec. (e)(2). Pub. L. 97-35, 905(b), inserted provisions relating
to demonstrations by applicant.
Subsec. (g)(2). Pub. L. 97-35, 903(a), inserted provisions
respecting appropriations for fiscal year ending Sept. 30, 1982, and
for fiscal years 1983 and 1984.
Subsec. (h). Pub. L. 97-35, 906, added subsec. (h).
1980 -- Subsec. (e)(5). Pub. L. 96-470 struck out provision
requiring Secretary to notify annually appropriate committees of
Congress of amounts expended and improvements for which they were spent.
1979 -- Subsec. (d)(1)(B). Pub. L. 96-32, 7(c), substituted
''subsection (e)(3) of this section'' for ''subsection (e)(2) of this
section''.
Subsec. (e)(3). Pub. L. 96-32, 6(b), amended directory language of
Pub. L. 95-623, (d)(5)(A), and required no change in text. See 1978
Amendment note below.
Subsec. (g)(2). Pub. L. 96-32, 6(c), substituted ''funds
appropriated under this paragraph'' for ''funds appropriated under this
subsection''.
Subsec. (g)(3). Pub. L. 96-32, 6(d), substituted ''(3)'' for ''(4)''
as number designation of paragraph added by Pub. L. 95-626, 104(f)(4),
thereby correcting paragraph designation.
1978 -- Subsec. (a)(4). Pub. L. 95-626, 104(a), substituted
''environmental health services, including, as may be appropriate for
particular centers (as determined by the centers), the detection and
alleviation of unhealthful conditions associated with water supply,
sewage treatment, solid waste disposal, rodent and parasitic
infestation, field sanitation, housing, and other environmental factors
related to health'' for ''as may be appropriate for particular centers,
environmental health services''.
Subsec. (b)(1)(G). Pub. L. 95-626, 104(b)(1), added subpar. (G).
Subsec. (b)(2). Pub. L. 95-626, 104(b)(2), struck out subpar. (I)
relating to pharmaceutical services, redesignated subpars. (J) to (N)
as (I) to (M), respectively, in subpar. (J) as so redesignated,
substituted ''(including for the social and other nonmedical needs which
affect health status, counseling, referral for assistance, and followup
services)'' for ''(including nutrition education and social services)'',
in subpar. (L) as so redesignated, inserted ''(including nutrition
education)'' after ''health education services'' and, in subpar. (M) as
so redesignated, substituted ''appropriate personnel'' for ''outreach
workers''.
Subsec. (d)(1)(C). Pub. L. 95-626, 104(c)(1)(A), added subpar. (C).
Subsec. (d)(2). Pub. L. 95-626, 104(c)(1)(B), substituted
''paragraph (1)(A) or (1)(B)'' for ''paragraph (1)''.
Subsec. (d)(3). Pub. L. 95-626, 104(c)(1)(C), substituted
''paragraph (1)(B) or (1)(C)'' for ''paragraph (1)(B)''.
Subsec. (d)(4). Pub. L. 95-626, 104(c)(2), added par. (4). A prior
par. (4), providing that the amount of any grant made under paragraph
(1) be determined by the Secretary, was struck out.
Subsec. (e)(2). Pub. L. 95-626, 104(d)(2), added par. (2). Former
par. (2) redesignated (3).
Subsec. (e)(3). Pub. L. 95-626, 104(d)(1), (2), (3)(A), (B), (4),
(5)(A), as amended by Pub. L. 96-32, 6(b), redesignated former par.
(2) as (3) and in par. (3) as so redesignated, substituted ''paragraph
(1)(A) or (1)(B) of subsection (d) of this section unless'' for
''subsection (d) of this section unless'' in the provisions preceding
subpar. (A), substituted ''(ii) meets at least once a month, selects
the services to be provided by the center, schedules the hours during
which such services will be provided, approves the center's annual
budget, approves the selection of a director for the center, and, except
in the case of a governing board of a public center (as defined in the
second sentence of this paragraph), establishes general policies for the
center; and if the application is for a second or subsequent grant for
a public center, the governing body has approved the application or if
the governing body has not approved the application, the failure of the
governing body to approve the application was unreasonable'' for ''(ii)
meets at least once a month, establishes general policies for the center
(including the selection of services to be provided by the center and a
schedule of hours during which services will be provided), approves the
center's annual budget, and approves the selection of a director for the
center'' in subpar. (G), added cl. (V) in subpar. (H), added subpar.
(K), and inserted definition of public center following subpar. (K).
Subsec. (e)(4), (5). Pub. L. 95-626, 104(d)(5)(B), added pars. (4)
and (5).
Subsec. (f). Pub. L. 95-626, 104(e), designated existing provisions
as par. (1) and added par. (2).
Subsec. (g)(1). Pub. L. 95-626, 104(f)(1), inserted provisions
authorizing appropriations of $6,300,000 for fiscal year ending Sept.
30, 1979, $7,500,000 for fiscal year ending Sept. 30, 1980, and
$9,000,000 for fiscal year ending Sept. 30, 1981.
Subsec. (g)(2). Pub. L. 95-626, 104(f)(2), (3), inserted provisions
authorizing appropriations of $341,700,000 for fiscal year ending Sept.
30, 1979, $397,500,000 for fiscal year ending Sept. 30, 1980, and
$463,000,000 for fiscal year ending Sept. 30, 1981, and provided that
Secretary may not expend for grants under subsection (d)(1)(C) of this
section in any fiscal year an amount which exceeds 5 per centum of the
funds appropriated under subsec. (g)(2) of this section for that fiscal
year.
Subsec. (g)(3). Pub. L. 95-626, 104(f)(4), as amended by Pub. L.
96-32, 6(d), added par. (3).
1977 -- Subsec. (b)(3). Pub. L. 95-83, 304(b)(1), required
Secretary to take into account unusual local conditions which are a
barrier to access to or availability of personal health services.
Subsec. (e)(1). Pub. L. 95-83, 304(b)(2), corrected introductory
text, substituting subsection ''(c)'' for ''(e)''.
Subsec. (g). Pub. L. 95-83, 304(a), substituted in pars. (1) and
(2) provision for an appropriation authorization for fiscal year ending
Sept. 30, 1977, for prior such authorization for fiscal year 1977, and
authorized appropriation for fiscal year ending Sept. 30, 1978, of
$5,880,000 in par. (1) and $256,840,000 in par. (2).
1976 -- Subsec. (b)(2). Pub. L. 94-278 added subpar. (L) and
redesignated former subpars. (L) and (M) as (M) and (N), respectively.
''Department of Health and Human Services'' substituted for
''Department of Health, Education, and Welfare'' in subsec. (f)(1)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Amendment by Pub. L. 100-386 effective Oct. 1, 1988, see section 5
of Pub. L. 100-386, set out as a note under section 254b of this title.
Section 104(d)(3)(C) of Pub. L. 95-626 provided that: ''The change
in the governing board requirements for public community health centers
made by the amendment by subparagraph (A) to section 330(e)(3)(G)(ii) of
the Public Health Service Act (subsec. (e)(3)(G)(ii) of this section)
shall not apply with respect to any public community health center which
met the governing board requirements in effect under section
330(e)(2)(G)(ii) of such Act (subsec. (e)(2)(G)(ii) of this section)
before October 1, 1978.''
Section 104(g) of Pub. L. 95-626 provided that: ''The amendments
made by this section (amending this section) shall apply with respect to
grants made under section 330 of the Public Health Service Act (this
section) from appropriations for fiscal years ending after September 30,
1978.''
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.
3178.
42 USC 254c-1. Grants for health services for Pacific Islanders
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants
The Secretary of Health and Human Services (hereafter in this section
referred to as the ''Secretary'') shall provide grants to, or enter into
contracts with, public or private nonprofit agencies that have
demonstrated experience in serving the health needs of Pacific Islanders
living in the Territory of American Samoa, the Commonwealth of Northern
Mariana Islands, the Territory of Guam, the Republic of the Marshall
Islands, the Republic of Palau, and the Federated States of Micronesia.
(b) Use of grants or contracts
Grants or contracts made or entered into under subsection (a) of this
section shall be used, among other items --
(1) to continue, as a priority, the medical officer training program
in Pohnpei, Federated States of Micronesia;
(2) to improve the quality and availability of health and mental
health services and systems, with an emphasis therein on preventive
health services and health promotion programs and projects, including
improved health data systems;
(3) to improve the quality and availability of health manpower,
including programs and projects to train new and upgrade the skills of
existing health professionals by --
(A) establishing dental officer, dental assistant, nurse
practitioner, or nurse clinical specialist training programs;
(B) providing technical training of new auxiliary health workers;
(C) upgrading the training of currently employed health personnel in
special areas of need;
(D) developing long-term plans for meeting health profession needs;
(E) developing or improving programs for faculty enhancement or
post-doctoral training; and
(F) providing innovative health professions training initiatives
(including scholarships) targeted toward ensuring that residents of the
Pacific Basin attend and graduate from recognized health professional
programs;
(4) to improve the quality of health services, including laboratory,
x-ray, and pharmacy, provided in ambulatory and inpatient settings
through quality assurance, standard setting, and other culturally
appropriate means;
(5) to improve facility and equipment repair and maintenance systems;
(6) to improve alcohol, drug abuse, and mental health prevention and
treatment services and systems;
(7) to improve local and regional health planning systems; and
(8) to improve basic local public health systems, with particular
attention to primary care and services to those most in need.
No funds under subsection (b) of this section shall be used for
capital construction.
(c) Advisory Council
The Secretary of Health and Human Services shall establish a
''Pacific Health Advisory Council'' which shall consist of 12 members
and shall include --
(1) the Directors of the Health Departments for the entities
identified in subsection (a) of this section; and
(2) 6 members, including a representative of the Rehabilitation
Hospital of the Pacific, representing organizations in the State of
Hawaii actively involved in the provision of health services or
technical assistance to the entities identified in subsection (a) of
this section. The Secretary shall solicit the advice of the Governor of
the State of Hawaii in appointing the 5 Council members in addition to
the representative of the Rehabilitation Hospital of the Pacific from
the State of Hawaii.
The Secretary shall be responsible for providing sufficient staff
support to the Council.
(d) Advisory Council functions
The Council shall meet at least annually to --
(1) recommend priority areas of need for funding by the Public Health
Service under this section; and
(2) review progress in addressing priority areas and make
recommendations to the Secretary for needed program modifications.
(e) Report
The Secretary, in consultation with the Council, shall annually
prepare and submit to the appropriate committees of Congress a report
describing the expenditure of the funds authorized to be appropriated
under this section and any recommendations that the Secretary may have.
(f) Authorization of appropriation
There is authorized to be appropriated to carry out this section
$10,000,000 for each of the fiscal years 1991 through 1993.
(Pub. L. 101-527, 10, Nov. 6, 1990, 104 Stat. 2333.)
Section was enacted as part of the Disadvantaged Minority Health
Improvement Act of 1990, and not as part of the Public Health Service
Act which comprises this chapter.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
42 USC subpart ii -- national health service corps program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1976 -- Pub. L. 94-484, title IV, 407(b)(3), Oct. 12, 1976, 90
Stat. 2268, added heading ''Subpart II -- National Health Service Corps
Program''.
42 USC 254d. National Health Service Corps
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; composition; purpose; definitions
(1) For the purpose of eliminating health manpower shortages in
health professional shortage areas, there is established, within the
Service, the National Health Service Corps, which shall consist of --
(A) such officers of the Regular and Reserve Corps of the Service as
the Secretary may designate,
(B) such civilian employees of the United States as the Secretary may
appoint, and
(C) such other individuals who are not employees of the United
States.
(2) The Corps shall be utilized by the Secretary to provide primary
health services in health professional shortage areas.
(3) For purposes of this subpart and subpart III:
(A) The term ''Corps'' means the National Health Service Corps.
(B) The term ''Corps member'' means each of the officers, employees,
and individuals of which the Corps consists pursuant to paragraph (1).
(C) The term ''health professional shortage area'' has the meaning
given such term in section 254e(a) of this title.
(D) The term ''primary health services'' means health services
regarding family medicine, internal medicine, pediatrics, obstetrics and
gynecology, dentistry, or mental health, that are provided by physicians
or other health professionals.
(b) Recruitment and fellowship programs
(1) The Secretary may conduct at schools of medicine, osteopathic
medicine, dentistry, and, as appropriate, nursing and other schools of
the health professions and at entities which train allied health
personnel, recruiting programs for the Corps, the Scholarship Program,
and the Loan Repayment Program. Such recruiting programs shall include
efforts to recruit individuals who will serve in the Corps other than
pursuant to obligated service under the Scholarship or Loan Repayment
Program.
(2) In the case of physicians, dentists, certified nurse midwives,
certified nurse practitioners, and physician assistants who have an
interest and a commitment to providing primary health care, the
Secretary may establish fellowship programs to enable such health
professionals to gain exposure to and expertise in the delivery of
primary health services in health professional shortage areas. To the
maximum extent practicable, the Secretary shall ensure that any such
programs are established in conjunction with accredited residency
programs, and other training programs, regarding such health
professions.
(c) Travel expenses; persons entitled; reimbursement; limitation
The Secretary may reimburse applicants for positions in the Corps
(including individuals considering entering into a written agreement
pursuant to section 254n of this title) for actual and reasonable
expenses incurred in traveling to and from their places of residence to
a health professional shortage area (designated under section 254e of
this title) in which they may be assigned for the purpose of evaluating
such area with regard to being assigned in such area. The Secretary
shall not reimburse an applicant for more than one such trip.
(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
(1) The Secretary may, under regulations promulgated by the
Secretary, adjust the monthly pay of each member of the Corps (other
than a member described in subsection (a)(1)(C) of this section) who is
directly engaged in the delivery of health services in a health
professional shortage area as follows:
(A) During the first 36 months in which such a member is so engaged
in the delivery of health services, his monthly pay may be increased by
an amount which when added to the member's monthly pay and allowances
will provide a monthly income competitive with the average monthly
income from a practice of an individual who is a member of the
profession of the Corps member, who has equivalent training, and who has
been in practice for a period equivalent to the period during which the
Corps member has been in practice.
(B) During the period beginning upon the expiration of the 36 months
referred to in subparagraph (A) and ending with the month in which the
member's monthly pay and allowances are equal to or exceed the monthly
income he received for the last of such 36 months, the member may
receive in addition to his monthly pay and allowances an amount which
when added to such monthly pay and allowances equals the monthly income
he received for such last month.
(C) For each month in which a member is directly engaged in the
delivery of health services in a health professional shortage area in
accordance with an agreement with the Secretary entered into under
section 294n(f)(1)(C) of this title, under which the Secretary is
obligated to make payments in accordance with section 294n(f)(2) of this
title, the amount of any monthly increase under subparagraph (A) or (B)
with respect to such member shall be decreased by an amount equal to
one-twelfth of the amount which the Secretary is obligated to pay upon
the completion of the year of practice in which such month occurs.
For purposes of subparagraphs (A) and (B), the term ''monthly pay''
includes special pay received under chapter 5 of title 37.
(2) In the case of a member of the Corps who is directly engaged in
the delivery of health services in a health professional shortage area
in accordance with a service obligation incurred under the Scholarship
Program or the Loan Repayment Program, the adjustment in pay authorized
by paragraph (1) may be made for such a member only upon satisfactory
completion of such service obligation, and the first 36 months of such
member's being so engaged in the delivery of health services shall, for
purposes of paragraph (1)(A), be deemed to begin upon such satisfactory
completion.
(3) A member of the Corps described in subparagraph (C) of subsection
(a)(1) of this section shall when assigned to an entity under section
254f of this title be subject to the personnel system of such entity,
except that such member shall receive during the period of assignment
the income that the member would receive if the member was a member of
the Corps described in subparagraph (B) of such subsection.
(e) Employment ceiling of Department not affected by Corps members
Corps members assigned under section 254f of this title to provide
health services in health professional shortage areas shall not be
counted against any employment ceiling affecting the Department.
(f) Assignment of personnel provisions inapplicable to members whose
service obligation incurred under Scholarship Program or Loan Repayment
Program
Sections 215 and 217 of this title shall not apply to members of the
National Health Service Corps during their period of obligated service
under the Scholarship Program or the Loan Repayment Program.
(g) Conversion from Corps member to commissioned officer; retirement
credits
(1) The Secretary shall, by rule, prescribe conversion provisions
applicable to any individual who, within a year after completion of
service as a member of the Corps described in subsection (a)(1)(C) of
this section, becomes a commissioned officer in the Regular or Reserve
Corps of the Service.
(2) The rules prescribed under paragraph (1) shall provide that in
applying the appropriate provisions of this chapter which relate to
retirement, any individual who becomes such an officer shall be entitled
to have credit for any period of service as a member of the Corps
described in subsection (a)(1)(C) of this section.
(h) Effective administration of program
The Secretary shall ensure that adequate staff is provided to the
Service with respect to effectively administering the program for the
Corps.
(i) Definitions
For the purposes of this subpart and subpart III:
(1) The term ''Department'' means the Department of Health and Human
Services.
(2) The term ''Loan Repayment Program'' means the National Health
Service Corps Loan Repayment Program established under section 254l-1 of
this title.
(3) The term ''Scholarship Program'' means the National Health
Service Corps Scholarship Program established under section 254l of this
title.
(4) The term ''State'' includes, in addition to the several States,
only the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
(July 1, 1944, ch. 373, title III, 331, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2268, and amended Aug. 13,
1981, Pub. L. 97-35, title XXVII, 2701, 95 Stat. 902; Dec. 1, 1987,
Pub. L. 100-177, title II, 202(b), title III, 301, 101 Stat. 996,
1003; Nov. 4, 1988, Pub. L. 100-607, title VI, 629(a)(2), 102 Stat.
3146; Nov. 16, 1990, Pub. L. 101-597, title I, 101, title IV,
401(b)((a)), 104 Stat. 3013, 3035.)
1990 -- Subsec. (a). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area in pars. (1), (2), and (3)(C).
Pub. L. 101-597, 101(a), designated existing provisions as par.
(1), substituted ''For the purpose of eliminating health manpower
shortages in health manpower shortage areas, there is established,
within the Service, the National Health Service Corps, which shall
consist of -- '' for ''There is established, within the Service, the
National Health Service Corps (hereinafter in this subpart referred to
as the 'Corps') which (1) shall consist of -- '', substituted
''States.'' for ''States,'' at end of subpar. (C), struck out closing
provisions which read ''(such officers, employees, and individuals
hereinafter in this subpart referred to as 'Corps members'), and (2)
shall be utilized by the Secretary to improve the delivery of health
services in health manpower shortage areas as defined in section 254e(a)
of this title.'', and added pars. (2) and (3).
Subsec. (b). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (2).
Pub. L. 101-597, 101(b), designated existing provision as par. (1),
inserted at end ''Such recruiting programs shall include efforts to
recruit individuals who will serve in the Corps other than pursuant to
obligated service under the Scholarship or Loan Repayment Program.'',
and added par. (2).
Subsec. (c). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area.
Subsec. (d)(1). Pub. L. 101-597, 401(b)((a)), substituted reference
to health professional shortage area for reference to health manpower
shortage area in introductory provisions and in subpar. (C).
Subsec. (d)(1)(A). Pub. L. 101-597, 101(c), struck out ''(not to
exceed $1,000)'' after ''by an amount''.
Subsecs. (d)(2), (e). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area.
Subsec. (h). Pub. L. 101-597, 101(d), added subsec. (h) and struck
out former subsec. (h) which read as follows: ''In assigning members
of the Corps to health manpower shortage areas, to the extent
practicable, the Secretary shall --
''(1) give priority to meeting the needs of the Indian Health Service
and the needs of health programs or facilities operated by tribes or
tribal organizations under the Indian Self-Determination Act (25 U.S.C.
450f et seq.); and
''(2) provide special consideration to the homeless populations who
do not have access to primary health care services.''
Subsec. (i). Pub. L. 101-597, 101(e), substituted ''of this subpart
and subpart III'' for ''of this subpart''.
1988 -- Subsec. (b). Pub. L. 100-607 substituted ''osteopathic
medicine'' for ''osteopathy''.
1987 -- Subsec. (b). Pub. L. 100-177, 202(b)(1), inserted reference
to Loan Repayment Program.
Subsec. (c). Pub. L. 100-177, 202(b)(2), made technical amendment to
reference to section 254n of this title to reflect renumbering of
corresponding section of original act.
Subsecs. (d)(2), (f). Pub. L. 100-177, 202(b)(3), (4), inserted
reference to Loan Repayment Program.
Subsec. (h). Pub. L. 100-177, 301(2), added subsec. (h). Former
subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 100-177, 202(b)(5), 301(1), redesignated
subsec. (h) as (i), added par. (2), and redesignated former pars. (2)
and (3) as (3) and (4), respectively.
1981 -- Subsec. (a)(1). Pub. L. 97-35, 2701(a), revised provisions
and, as so revised, set out existing provisions in cls. (A) and (B),
and added cl. (C).
Subsec. (b). Pub. L. 97-35, 2701(b), substituted ''may'' for
''shall''.
Subsec. (c). Pub. L. 97-35, 2701(c), inserted provisions respecting
a written agreement under section 254n of this title.
Subsec. (d). Pub. L. 97-35, 2701(d), in par. (1) inserted reference
to member described in subsec. (a)(1)(C) of this section, in subpars.
(1)(A) and (B) substituted ''may'' for ''shall'', and added par. (3).
Subsec. (g). Pub. L. 97-35, 2701(e), substituted provisions relating
to conversion from Corps member to commissioned officer and retirement
credits, for provisions relating to school participation in development
of administrative guidelines.
Subsec. (h). Pub. L. 97-35, 2701(f), in par. (1) substituted
''Health and Human Services'' for ''Health, Education, and Welfare'', in
par. (2) substituted ''254l'' for ''294t'', and in par. (3) inserted
reference to Commonwealth with respect to the Northern Mariana Islands.
Not Later Than February 1, 1979
Pub. L. 95-626, title I, 116(c), Nov. 10, 1978, 92 Stat. 3569,
provided that, not later than Feb. 1, 1979, the Secretary, in
consultation with the National Advisory Council of the National Health
Service Corps and the National Advisory Council on Health Professions
Education, submit to Congress a report on the direction of the National
Health Service Corps, particularly its role as a health manpower program
and as a health services delivery program, the use of members of the
Corps in health manpower shortage areas to meet urban and rural health
needs, the types of health professions needed to meet urban and rural
health needs, and the projected size, composition, and use of the Corps
through 1985.
Shortage Area; Approval of Applications for
Assignment of Corps Personnel; Assignment Period,
Commencement; Credit for Months of Prior Health Care
and Services for Additional Pay Benefit; National
Advisory Council on the National Health Service Corps,
Continuation of Council and Appointment of Members
Section 407(c) of Pub. L. 94-484 provided that:
''(1) The amendment made by subsections (a) and (b) (enacting this
subpart and repealing section 254b of this title) shall apply only with
respect to fiscal years beginning after September 30, 1977, except that
the Secretary of Health, Education, and Welfare (now Health and Human
Services) shall carry out the activities described in section 332 of the
Public Health Service Act (as added by such amendment) (section 254e of
this title) after the date of enactment of this Act (Oct. 12, 1976).
''(2)(A) Any area for which a designation under section 329(b) of the
Public Health Service Act (as in effect on September 30, 1977) (section
254b(b) of this title) was in effect on such date and in which National
Health Service Corps personnel were, on such date, providing, under an
assignment made under such section (as so in effect), health care and
services for persons residing in such area shall, effective October 1,
1977, be considered under subpart II of part C of title III of such Act
(as added by subsection (b) of this section) (this subpart) to (i) be
designated a health manpower shortage area (as defined by section 332 of
such Act (as so added)) (section 254e of this title), and (ii) have had
an application approved under section 333 of such Act (as so added))
(section 254f of this title) for the assignment of Corps personnel
unless, as determined under subparagraph (B) of this paragraph, the
assignment period applicable to such area (within the meaning of section
334 (as so added)) (section 254g of this title) has expired.
''(B) The assignment period (within the meaning of such section 334)
(section 254g of this title) applicable to an area described in
subparagraph (A) of this paragraph shall be considered to have begun on
the date Corps personnel were first assigned to such area under section
329 of such Act (as in effect on September 30, 1977) (section 254b of
this title).
''(C) In the case of any physician or dentist member of the Corps who
was providing health care and services on September 30, 1977, under an
assignment made under section 329(b) of such Act (as in effect on
September 30, 1977) (section 254b(b) of this title), the number of the
months during which such member provided such care and services before
October 1, 1977, shall be counted in determining the application of the
additional pay provisions of section 331(d) of such Act (as added by
subsection (b) of this section) (subsec. (d) of this section) to such
number.
''(3) The amendment made by subsection (b) which established an
Advisory Council previously established under section 329 of the Public
Health Service Act (section 254b of this title) shall not be construed
as requiring the establishment of a new Advisory Council under such
section 337 (section 254j of this title), and the amendment made by such
subsection with respect to the composition of such Advisory Council
shall apply with respect to appointments made to the Advisory Council
after October 1, 1977, and the Secretary of Health, Education, and
Welfare (now Health and Human Services) shall make appointments to the
Advisory Council after such date in a manner which will bring about, at
the earliest feasible time, the Advisory Council composition prescribed
by the amendment.''
42 USC 254e. Health professional shortage areas
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Designation by Secretary; removal from areas designated;
''medical facility'' defined
(1) For purposes of this subpart the term ''health professional
shortage area'' means (A) an area in an urban or rural area (which need
not conform to the geographic boundaries of a political subdivision and
which is a rational area for the delivery of health services) which the
Secretary determines has a health manpower shortage and which is not
reasonably accessible to an adequately served area, (B) a population
group which the Secretary determines has such a shortage, or (C) a
public or nonprofit private medical facility or other public facility
which the Secretary determines has such a shortage. The Secretary shall
not remove an area from the areas determined to be health professional
shortage areas under subparagraph (A) of the preceding sentence until
the Secretary has afforded interested persons and groups in such area an
opportunity to provide data and information in support of the
designation as a health professional shortage area or a population group
described in subparagraph (B) of such sentence or a facility described
in subparagraph (C) of such sentence, and has made a determination on
the basis of the data and information submitted by such persons and
groups and other data and information available to the Secretary.
(2) For purposes of this subsection, the term ''medical facility''
means a facility for the delivery of health services and includes --
(A) a hospital, State mental hospital, public health center,
outpatient medical facility, rehabilitation facility, facility for
long-term care, community mental health center, migrant health center,
facility operated by a city or county health department, and community
health center;
(B) such a facility of a State correctional institution or of the
Indian Health Service, and a health program or facility operated by a
tribe or tribal organization under the Indian Self-Determination Act (25
U.S.C. 450f et seq.);
(C) such a facility used in connection with the delivery of health
services under section 248 of this title (relating to hospitals), 249 of
this title (relating to care and treatment of persons under quarantine
and others), 250 of this title (relating to care and treatment of
Federal prisoners), 251 of this title (relating to examination and
treatment of certain Federal employees), 252 of this title (relating to
examination of aliens), 253 of this title (relating to services to
certain Federal employees), 247e of this title (relating to services for
persons with Hansen's disease), or 256 of this title (relating to the
provision of health services to homeless individuals); and
(D) a Federal medical facility.
(3) Homeless individuals (as defined in section 256(r) of this title)
may be a population group under paragraph (1).
(b) Criteria for designation of health professional shortage areas;
promulgation of regulations
The Secretary shall establish by regulation criteria for the
designation of areas, population groups, medical facilities, and other
public facilities, in the States, as health professional shortage areas.
In establishing such criteria, the Secretary shall take into
consideration the following:
(1) The ratio of available health manpower to the number of
individuals in an area or population group, or served by a medical
facility or other public facility under consideration for designation.
(2) Indicators of a need, notwithstanding the supply of health
manpower, for health services for the individuals in an area or
population group or served by a medical facility or other public
facility under consideration for designation, with special consideration
to indicators of --
(A) infant mortality,
(B) access to health services,
(C) health status, and
(D) ability to pay for health services.
(3) The percentage of physicians serving an area, population group,
medical facility, or other public facility under consideration for
designation who are employed by hospitals and who are graduates of
foreign medical schools.
(c) Considerations in determination of designation
In determining whether to make a designation, the Secretary shall
take into consideration the following:
(1) The recommendations of the Governor of each State in which the
area, population group, medical facility, or other public facility under
consideration for designation is in whole or part located.
(2) The extent to which individuals who are (A) residents of the
area, members of the population group, or patients in the medical
facility or other public facility under consideration for designation,
and (B) entitled to have payment made for medical services under title
XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et
seq.), cannot obtain such services because of suspension of physicians
from the programs under such titles.
(d) Designation; publication of descriptive lists
(1) In accordance with the criteria established under subsection (b)
of this section and the considerations listed in subsection (c) of this
section the Secretary shall designate health professional shortage areas
in the States, publish a descriptive list of the areas, population
groups, medical facilities, and other public facilities so designated,
and at least annually review and, as necessary, revise such
designations.
(2) For purposes of paragraph (1), a complete descriptive list shall
be published in the Federal Register not later than July 1 of 1991 and
each subsequent year.
(e) Notice of proposed designation of areas and facilities; time for
comment
(1) Prior to the designation of a public facility, including a
Federal medical facility, as a health professional shortage area, the
Secretary shall give written notice of such proposed designation to the
chief administrative officer of such facility and request comments
within 30 days with respect to such designation.
(2) Prior to the designation of a health professional shortage area
under this section, the Secretary shall, to the extent practicable, give
written notice of the proposed designation of such area to appropriate
public or private nonprofit entities which are located or have a
demonstrated interest in such area and request comments from such
entities with respect to the proposed designation of such area.
(f) Notice of designation
The Secretary shall give written notice of the designation of a
health professional shortage area, not later than 60 days from the date
of such designation, to --
(1) the Governor of each State in which the area, population group,
medical facility, or other public facility so designated is in whole or
part located; and
(2) appropriate public or nonprofit private entities which are
located or which have a demonstrated interest in the area so designated.
(g) Recommendations to Secretary
Any person may recommend to the Secretary the designation of an area,
population group, medical facility, or other public facility as a health
professional shortage area.
(h) Public information programs in designated areas
The Secretary may conduct such information programs in areas, among
population groups, and in medical facilities and other public facilities
designated under this section as health professional shortage areas as
may be necessary to inform public and nonprofit private entities which
are located or have a demonstrated interest in such areas of the
assistance available under this subchapter by virtue of the designation
of such areas.
(July 1, 1944, ch. 373, title III, 332, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2270, and amended Oct. 25,
1977, Pub. L. 95-142, 7(d), 91 Stat. 1193; July 10, 1979, Pub. L.
96-32, 7(d), 93 Stat. 84; Aug. 13, 1981, Pub. L. 97-35, title IX,
986(b)(4), title XXVII, 2702(a), (b), (c), 95 Stat. 603, 903, 904;
July 22, 1987, Pub. L. 100-77, title VI, 602, 101 Stat. 515; Dec. 1,
1987, Pub. L. 100-177, title III, 302, 101 Stat. 1003; Nov. 4, 1988,
Pub. L. 100-607, title VIII, 802(b)(2), 102 Stat. 3169; Nov. 7, 1988,
Pub. L. 100-628, title VI, 602(b)(2), 102 Stat. 3242; Nov. 16, 1990,
Pub. L. 101-597, title I, 102, title IV, 401(b)((a)), 104 Stat. 3014,
3035.)
The Indian Self-Determination Act, referred to in subsec. (a)(2)(B),
is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, which is
classified principally to subchapter II ( 450f et seq.) 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.
The Social Security Act, referred to in subsec. (c)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of
the Social Security Act are classified generally to subchapters XVIII (
1395 et seq.) and XIX ( 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.
1990 -- Subsec. (a)(1). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area wherever appearing.
Subsec. (a)(2)(A). Pub. L. 101-597, 102(b)(1), inserted ''facility
operated by a city or county health department,'' before ''and community
health center''.
Subsec. (a)(2)(B). Pub. L. 101-597, 102(b)(2), inserted before
semicolon '', and a health program or facility operated by a tribe or
tribal organization under the Indian Self-Determination Act''.
Subsec. (a)(2)(C). Pub. L. 101-597, 102(b)(3), substituted
''section'' for ''sections'' before ''248'', struck out ''or'' before
''253'' and ''or section'' before ''247e'', and inserted before
semicolon '', or 256 of this title (relating to the provision of health
services to homeless individuals)''.
Subsec. (b). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area.
Pub. L. 101-597, 102(c)(1), struck out '', promulgated not later
than May 1, 1977,'' after ''establish by regulation''.
Subsec. (c). Pub. L. 101-597, 102(c)(2), redesignated pars. (2) and
(3) as (1) and (2), respectively, and struck out former par. (1) which
read as follows:
''(A) The recommendations of each health systems agency (designated
under section 300l-4 of this title) for a health service area which
includes all or any part of the area, population group, medical
facility, or other public facility under consideration for designation.
''(B) The recommendations of the State health planning and
development agency (designated under section 300m of this title) if such
area, population group, medical facility, or other public facility is
within a health service area for which no health systems agency has been
designated.''
Subsec. (d). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (1).
Pub. L. 101-597, 102(a), (c)(3), designated existing provision as
par. (1), struck out '', not later than November 1, 1977,'' after
''Secretary shall designate'', and added par. (2).
Subsec. (e). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area wherever appearing.
Subsec. (f). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area.
Pub. L. 101-597, 102(c)(4), redesignated par. (3) as (2) and struck
out former par. (2) which read as follows:
''(A) each health systems agency (designated under section 300l-4 of
this title) for a health service area which includes all or any part of
the area, population group, medical facility, or other public facility
so designated; or
''(B) the State health planning and development agency of the State
(designated under section 300m of this title) if there is a part of such
area, population group, medical facility, or other public facility
within a health service area for which no health systems agency has been
designated; and''.
Subsecs. (g), (h). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area.
1988 -- Subsec. (a)(3). Pub. L. 100-607 and Pub. L. 100-628 made
identical amendments, substituting ''section 256(r)'' for ''section
256(q)(2)''.
1987 -- Subsec. (a)(1). Pub. L. 100-177, 302(1), inserted sentence
at end relating to removal of an area from areas determined to be health
manpower shortage areas.
Subsec. (a)(3). Pub. L. 100-77 added par. (3).
Subsec. (b)(2)(D). Pub. L. 100-177, 302(2), added subpar. (D).
1981 -- Subsec. (a)(1)(A). Pub. L. 97-35, 2702(a), inserted
provisions respecting reasonable accessibility to adequately served
area.
Subsec. (a)(2)(C). Pub. L. 97-35, 986(b)(4), substituted ''persons
under quarantine'' for ''seamen''.
Subsec. (e). Pub. L. 97-35, 2702(c), designated existing provisions
as par. (1) and added par. (2).
Subsec. (h). Pub. L. 97-35, 2702(b), substituted ''may'' for
''shall''.
1979 -- Subsec. (a)(2)(C). Pub. L. 96-32 substituted ''section 247e
of this title'' for ''part D of subchapter II of this chapter''.
1977 -- Subsec. (c)(3). Pub. L. 95-142 added par. (3).
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
Amendment by section 986(b)(4) 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.
Section 7(e)(1) of Pub. L. 95-142 provided that: ''The amendment
made by subsection (d) (amending this section) shall apply with respect
to determinations and designations made on and after the date of the
enactment of this Act (Oct. 25, 1977).''
Section 2702(c) of Pub. L. 97-35 directed the Secretary of Health
and Human Services, effective Oct. 1, 1981, to evaluate the criteria
used under section 254e(b) of this title to determine if the use of the
criteria resulted in areas which did not have a shortage of health
professions personnel being designated as health manpower shortage
areas, and to consider different criteria (including the actual use of
health professions personnel in an area by the residents, taking into
account their health status and indicators of unmet demand and
likelihood that such demand would not be met in two years) which might
be used to designate health manpower shortage areas. The Secretary was
to report the results of his activities to Congress not later than Nov.
30, 1982.
42 USC 254f. Corps personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Conditions necessary for assignment of Corps personnel to area;
contents of application for assignment; assignment to particular
facility; approval of applications
(1) The Secretary may assign members of the Corps to provide, under
regulations promulgated by the Secretary, health services in or to a
health professional shortage area during the assignment period
(specified in the agreement described in section 254g of this title)
only if --
(A) a public or nonprofit private entity, which is located or has a
demonstrated interest in such area makes application to the Secretary
for such assignment;
(B) such application has been approved by the Secretary;
(C) an agreement has been entered into between the entity which has
applied and the Secretary, in accordance with section 254g of this
title; and
(D) the Secretary has (i) conducted an evaluation of the need and
demand for health manpower for the area, the intended use of Corps
members to be assigned to the area, community support for the assignment
of Corps members to the area, the area's efforts to secure health
manpower for the area, and the fiscal management capability of the
entity to which Corps members would be assigned and (ii) on the basis of
such evaluation has determined that --
(I) there is a need and demand for health manpower for the area;
(II) there has been appropriate and efficient use of any Corps
members assigned to the entity for the area;
(III) there is general community support for the assignment of Corps
members to the entity;
(IV) the area has made unsuccessful efforts to secure health manpower
for the area; and
(V) there is a reasonable prospect of sound fiscal management,
including efficient collection of fee-for-service, third-party, and
other appropriate funds, by the entity with respect to Corps members
assigned to such entity.
An application for assignment of a Corps member to a health
professional shortage area shall include a demonstration by the
applicant that the area or population group to be served by the
applicant has a shortage of personal health services and that the Corps
member will be located so that the member will provide services to the
greatest number of persons residing in such area or included in such
population group. Such a demonstration shall be made on the basis of
the criteria prescribed by the Secretary under section 254e(b) of this
title and on additional criteria which the Secretary shall prescribe to
determine if the area or population group to be served by the applicant
has a shortage of personal health services.
(2) Corps members may be assigned to a Federal health care facility,
but only upon the request of the head of the department or agency of
which such facility is a part.
(3) In approving applications for assignment of members of the Corps
the Secretary shall not discriminate against applications from entities
which are not receiving Federal financial assistance under this chapter.
(b) Corps member income assurances; grants respecting sufficiency of
financial resources
(1) The Secretary may not approve an application for the assignment
of a member of the Corps described in subparagraph (C) of section
254d(a)(1) of this title to an entity unless the application of the
entity contains assurances satisfactory to the Secretary that the entity
(A) has sufficient financial resources to provide the member of the
Corps with an income of not less than the income to which the member
would be entitled if the member was a member described in subparagraph
(B) of section 254d(a)(1) of this title, or (B) would have such
financial resources if a grant was made to the entity under paragraph
(2).
(2)(A) If in approving an application of an entity for the assignment
of a member of the Corps described in subparagraph (C) of section
254d(a)(1) of this title the Secretary determines that the entity does
not have sufficient financial resources to provide the member of the
Corps with an income of not less than the income to which the member
would be entitled if the member was a member described in subparagraph
(B) of section 254d(a)(1) of this title, the Secretary may make a grant
to the entity to assure that the member of the Corps assigned to it will
receive during the period of assignment to the entity such an income.
(B) The amount of any grant under subparagraph (A) shall be
determined by the Secretary. Payments under such a grant may be made in
advance or by way of reimbursement, and at such intervals and on such
conditions, as the Secretary finds necessary. No grant may be made
unless an application therefor is submitted to and approved by the
Secretary. Such an application shall be in such form, submitted in such
manner, and contain such information, as the Secretary shall by
regulation prescribe.
(c) Assignment of members without regard to ability of area to pay
for services
The Secretary shall assign Corps members to entities in health
professional shortage areas without regard to the ability of the
individuals in such areas, population groups, medical facilities, or
other public facilities to pay for such services.
(d) Entities entitled to aid; forms of assistance; coordination of
efforts; agreements for assignment of Corps members; qualified entity
(1) The Secretary may provide technical assistance to a public or
nonprofit private entity which is located in a health professional
shortage area and which desires to make an application under this
section for assignment of a Corps member to such area. Assistance
provided under this paragraph may include assistance to an entity in (A)
analyzing the potential use of health professions personnel in defined
health services delivery areas by the residents of such areas, (B)
determining the need for such personnel in such areas, (C) determining
the extent to which such areas will have a financial base to support the
practice of such personnel and the extent to which additional financial
resources are needed to adequately support the practice, and (D)
determining the types of inpatient and other health services that should
be provided by such personnel in such areas.
(2) The Secretary may provide, to public and nonprofit private
entities which are located in a health professional shortage area to
which area a Corps member has been assigned, technical assistance to
assist in the retention of such member in such area after the completion
of such member's assignment to the area.
(3) The Secretary may provide, to health professional shortage areas
to which no Corps member has been assigned, (A) technical assistance to
assist in the recruitment of health manpower for such areas, and (B)
current information on public and private programs which provide
assistance in the securing of health manpower.
(4)(A) The Secretary shall undertake to demonstrate the improvements
that can be made in the assignment of members of the Corps to health
professional shortage areas and in the delivery of health care by Corps
members in such areas through coordination with States, political
subdivisions of States, agencies of States and political subdivisions,
and other public and nonprofit private entities which have expertise in
the planning, development, and operation of centers for the delivery of
primary health care. In carrying out this subparagraph, the Secretary
shall enter into agreements with qualified entities which provide that
if --
(i) the entity places in effect a program for the planning,
development, and operation of centers for the delivery of primary health
care in health professional shortage areas which reasonably addresses
the need for such care in such areas, and
(ii) under the program the entity will perform the functions
described in subparagraph (B),
the Secretary will assign under this section members of the Corps in
accordance with the program.
(B) For purposes of subparagraph (A), the term ''qualified entity''
means a State, political subdivision of a State, an agency of a State or
political subdivision, or other public or nonprofit private entity
operating solely within one State, which the Secretary determines is
able --
(i) to analyze the potential use of health professions personnel in
defined health services delivery areas by the residents of such areas;
(ii) to determine the need for such personnel in such areas and to
recruit, select, and retain health professions personnel (including
members of the National Health Service Corps) to meet such need;
(iii) to determine the extent to which such areas will have a
financial base to support the practice of such personnel and the extent
to which additional financial resources are needed to adequately support
the practice;
(iv) to determine the types of inpatient and other health services
that should be provided by such personnel in such areas;
(v) to assist such personnel in the development of their clinical
practice and fee schedules and in the management of their practice;
(vi) to assist in the planning and development of facilities for the
delivery of primary health care; and
(vii) to assist in establishing the governing bodies of centers for
the delivery of such care and to assist such bodies in defining and
carrying out their responsibilities.
(e) Practice within State by Corps member
Notwithstanding any other law, any member of the Corps licensed to
practice medicine, osteopathic medicine, dentistry, or any other health
profession in any State shall, while serving in the Corps, be allowed to
practice such profession in any State.
(July 1, 1944, ch. 373, title III, 333, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2272, and amended Aug. 13,
1981, Pub. L. 97-35, title XXVII, 2703, 95 Stat. 904; Dec. 1, 1987,
Pub. L. 100-177, title III, 303, 304, 101 Stat. 1004; Nov. 4, 1988,
Pub. L. 100-607, title VI, 629(a)(2), 102 Stat. 3146; Nov. 16, 1990,
Pub. L. 101-597, title I, 103, title IV, 401(b)((a)), 104 Stat. 3015,
3035.)
1990 -- Subsec. (a)(1). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area in introductory and closing provisions.
Subsec. (a)(1)(D)(ii)(II). Pub. L. 101-597, 103(a), substituted
''has been'' and ''any Corps'' for ''will be'' and ''Corps'',
respectively.
Subsec. (b). Pub. L. 101-597, 103(b), redesignated subsec. (d) as
(b) and struck out former subsec. (b) which related to approval of
application for assignment of Corps personnel subject to review and
comment on application by health service agencies in designated area.
Subsec. (c). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area.
Pub. L. 101-597, 103(b), redesignated subsec. (e) as (c) and struck
out former subsec. (c) which related to applications, consideration and
approval by Secretary, priorities, cooperation with Corps members, and
comments by health professionals and societies in designated areas.
Subsec. (d). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area wherever appearing in pars. (1) to (4)(A)(i).
Pub. L. 101-597, 103(b)(2), redesignated subsec. (g) as (d).
Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 101-597, 103(b)(2), redesignated subsec. (i)
as (e). Former subsec. (e) redesignated (c).
Subsec. (f). Pub. L. 101-597, 103(b)(1), struck out subsec. (f)
which provided for selection of Corps members for assignment upon basis
of characteristics.
Subsec. (g). Pub. L. 101-597, 103(b)(2), redesignated subsec. (g)
as (d).
Subsec. (h). Pub. L. 101-597, 103(b)(1), struck out subsec. (h)
which related to study and contracts for study of methods of assignments
of Corps members.
Subsec. (i). Pub. L. 101-597, 103(b)(2), redesignated subsec. (i)
as (e).
Subsecs. (j), (k). Pub. L. 101-597, 103(b)(1), struck out subsecs.
(j) and (k) which provided for placement of physicians in medically
underserved areas and assignment of family physicians, respectively.
1988 -- Subsec. (i). Pub. L. 100-607 substituted ''osteopathic
medicine'' for ''osteopathy''.
1987 -- Subsec. (j). Pub. L. 100-177, 303, added subsec. (j).
Subsec. (k). Pub. L. 100-177, 304, added subsec. (k).
1981 -- Subsec. (a). Pub. L. 97-35, 2703(a), (b), amended par.
(1)(D) generally and, among changes, made numerous changes in
nomenclature, inserted at end of par. (1) provisions respecting
application, and added par. (3).
Subsec. (c). Pub. L. 97-35, 2703(c), struck out par. (2) which
related to special considerations, and redesignated pars. (3) and (4)
as (2) and (3), respectively.
Subsecs. (d) to (f). Pub. L. 97-35, 2703(d), added subsec. (d) and
redesignated former subsecs. (d), (e), and (f) as (e), (f), and (g),
respectively.
Subsec. (g). Pub. L. 97-35, 2703(d), (e), redesignated former
subsec. (f) as (g) and substituted ''may'' for ''shall'' in pars. (1)
to (3), inserted provisions respecting health professions personnel in
par. (1), added par. (4), and struck out requirement respecting
demonstrated interest in pars. (1) and (2). Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 97-35, 2703(d), (f), redesignated former
subsec. (g) as (h) and directed that ''may'' be substituted for
''shall'' which was executed by substituting ''may'' for ''shall'' in
two places preceding par. (1). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 97-35, 2703(d), (g), redesignated former
subsec. (h) as (i) and inserted reference to other health profession.
Section 2703(d) of Pub. L. 97-35 provided that the amendment made by
that section is effective Oct. 1, 1981.
42 USC 254f-1. Priorities in assignment of Corps personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
In approving applications made under section 254f of this title for
the assignment of Corps members, the Secretary shall --
(1) give priority to any such application that --
(A) is made regarding the provision of primary health services to a
health professional shortage area with the greatest such shortage, as
determined in accordance with subsection (b) of this section; and
(B) is made by an entity that --
(i) serves a health professional shortage area described in
subparagraph (A);
(ii) coordinates the delivery of primary health services with related
health and social services;
(iii) has a documented record of sound fiscal management; and
(iv) will experience a negative impact on its capacity to provide
primary health services if a Corps member is not assigned to the entity;
(2) with respect to the geographic area in which the health
professional shortage area is located, take into consideration the
willingness of individuals in the geographic area, and of the
appropriate governmental agencies or health entities in the area, to
assist and cooperate with the Corps in providing effective primary
health services; and
(3) take into consideration comments of medical, osteopathic, dental,
or other health professional societies whose members deliver services to
the health professional shortage area, or if no such societies exist,
comments of physicians, dentists, or other health professionals
delivering services to the area.
(b) Exclusive factors for determining greatest shortages
In making a determination under subsection (a)(1)(A) of this section
of the health professional shortage areas with the greatest such
shortages, the Secretary may consider only the following factors:
(1) The ratio of available health manpower to the number of
individuals in the area or population group involved, or served by the
medical facility or other public facility involved.
(2) Indicators of need as follows:
(A) The rate of low birthweight births.
(B) The rate of infant mortality.
(C) The rate of poverty.
(D) Access to primary health services, taking into account the
distance to such services.
(c) Establishment of criteria for determining priorities
(1) In general
The Secretary shall establish criteria specifying the manner in which
the Secretary makes a determination under subsection (a)(1)(A) of this
section of the health professional shortage areas with the greatest such
shortages. Such criteria shall specify the manner in which the factors
described in subsection (b) of this section are implemented regarding
such a determination.
(2) Publication of criteria
The criteria required in paragraph (1) shall be published in the
Federal Register not later than July 1, 1991. Any revisions made in the
criteria by the Secretary shall be effective upon publication in the
Federal Register.
(d) Notifications regarding priorities
(1) Preparation of list for applicable period
For the purpose of carrying out paragraph (2), the Secretary shall
prepare a list of health professional shortage areas that are receiving
priority under subsection (a)(1) of this section in the assignment of
Corps members for the period applicable under subsection (f) of this
section. Such list --
(A) shall include a specification, for each such health professional
shortage area, of the entities for which the Secretary has provided an
authorization to receive assignments of Corps members in the event that
Corps members are available for the assignments; and
(B) shall, of the entities for which an authorization described in
subparagraph (A) has been provided, specify --
(i) the entities provided such an authorization for the assignment of
Corps members who are participating in the Scholarship Program;
(ii) the entities provided such an authorization for the assignment
of Corps members who are participating in the Loan Repayment Program;
and
(iii) the entities provided such an authorization for the assignment
of Corps members who have become Corps members other than pursuant to
contractual obligations under the Scholarship or Loan Repayment
Programs.
The Secretary may set forth such specifications by medical specialty.
(2) Notification of affected parties
(A) Not later than 30 days after the preparation of each list under
paragraph (1), the Secretary shall notify entities specified for
purposes of subparagraph (A) of such paragraph of the fact that the
entities have been provided an authorization to receive assignments of
Corps members in the event that Corps members are available for the
assignments.
(B) In the case of individuals with respect to whom a period of
obligated service under the Scholarship Program will begin during the
period under subsection (f) of this section for which a list under
paragraph (1) is prepared, the Secretary shall, not later than 30 days
after the preparation of each such list, provide to such individuals the
names of each of the entities specified for purposes of paragraph
(1)(B)(i) that is appropriate to the medical specialty of the
individuals.
(3) Revisions in list
If the Secretary makes a revision in a list under paragraph (1)
during the period under subsection (f) of this section to which the list
is applicable, and the revision alters the status of an entity with
respect to the list, the Secretary shall notify the entity of the effect
on the entity of the revision. Such notification shall be provided not
later than 30 days after the date on which the revision is made.
(e) Limitation on number of entities offered as assignment choices in
Scholarship Program
(1) Determination of available Corps members
The Secretary shall determine the number of participants in the
Scholarship Program who are available for assignments under section 254f
of this title for the period applicable under subsection (f) of this
section.
(2) Availability of 500 or fewer members
If the number of participants for purposes of paragraph (1) is less
than 500, the Secretary shall limit the number of entities specified
under subsection (d)(1)(B)(i) of this section to the lesser of --
(A) 500 such entities; and
(B) a number of such entities constituting 300 percent of the number
of such participants available for assignment under section 254f of this
title.
(3) Availability of more than 500 members
If the number of participants for purposes of paragraph (1) is equal
to or greater than 500, the Secretary shall determine the number of
entities to be specified under subsection (d)(1)(B)(i) of this section,
subject to ensuring that assignments of such participants are made to
500 entities that serve health professional shortage areas that have
chronic difficulty in recruiting and retaining health professionals to
provide primary health services.
(4) Adjustment in base number
The number 500, as used for purposes of paragraphs (2) and (3), may
by regulation be adjusted by the Secretary to a greater or a lesser
number.
(f) Applicable period regarding priorities
(1) In general
With respect to determinations under subsection (a)(1) of this
section of the applications that are to be given priority regarding the
assignment of Corps members, the Secretary shall make such a
determination not less than once each fiscal year. The first
determination shall be made not later than July 1 of the year preceding
the year in which the period of obligated service begins. If the
Secretary revises the determination before July 1 of the following year,
the revised determination shall be applicable with respect to
assignments of Corps members made during the period beginning on the
date of the issuance of the revised determination and ending on July 1
of such year.
(2) Date certain for preparation of notification list
A list under subsection (d)(1) of this section shall be prepared for
each of the periods decribed /1/ in paragraph (1). Each such list shall
be prepared not later than the date on which a determination of
priorities under such paragraph is required to be made for the period
involved.
(July 1, 1944, ch. 373, title III, 333A, as added and amended Nov.
16, 1990, Pub. L. 101-597, title I, 104, title IV, 401(b)((a)), 104
Stat. 3015, 3035.)
1990 -- Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area wherever appearing in subsecs. (a) to (c)(1), (d)(1), and
(e)(3).
/1/ So in original. Probably should be ''described''.
42 USC 254g. Cost sharing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Charges for services; collection of payments; payment to United
States; calculation of payments; annual report
The Secretary shall require, as a condition to the approval of an
application under section 254f of this title for the assignment of a
member of the Corps, that the entity which submitted the application
enter into an agreement for a specific assignment period (not to exceed
4 years) with the Secretary under which --
(1) the entity shall be responsible for charging, in accordance with
subsection (d) of this section, for health services provided by Corps
members assigned to the entity;
(2) the entity shall take such action as may be reasonable for the
collection of payments for such health services, including, if a Federal
agency, an agency of a State or local government, or other third party
would be responsible for all or part of the cost of such health services
if it had not been provided by Corps members under this subpart, the
collection, on a fee-for-service or other basis, from such agency or
third party, the portion of such cost for which it would be so
responsible (and in determining the amount of such cost which such
agency or third party would be responsible, the health services provided
by Corps members shall be considered as being provided by private
practitioners);
(3) the entity, if not a small health center, shall pay to the United
States, as prescribed by the Secretary in each calendar quarter (or
other period as may be specified in the agreement) during which any
Corps member is assigned to such entity, the sum of --
(A) an amount calculated by the Secretary to reflect the average
salary (including amounts paid in accordance with section 254d(d) of
this title) and allowances of comparable Corps members for a calendar
quarter (or other period);
(B) that portion of an amount calculated by the Secretary to reflect
the average amount paid under the Scholarship Program or the Loan
Repayment Program to or on behalf of comparable Corps members that bears
the same ratio to the calculated amount as the number of days of service
provided by the member during that quarter (or other period) bears to
the number of days in his period of obligated service under the
Scholarship Program or the Loan Repayment Program; and
(C) if such entity received a loan under section 254h(c) of this
title or a grant under section 254f(d)(2) /1/ of this title, an amount
which bears the same ratio to the amount of such loan or grant as the
number of days in such quarter (or other period) during which any Corps
members were assigned to the entity bears to the number of days in the
assignment period after such entity received such loan or grant;
(4) the entity, if a small health center, shall pay to the United
States, in each calendar quarter (or other period as may be specified in
the agreement) during which any Corps member is assigned to such entity,
an amount determined by the Secretary in accordance with subsection (f)
of this section; and
(5) the entity shall prepare and submit to the Secretary an annual
report, in such form and manner, as the Secretary may require.
(b) Waiver of payment; use of funds
(1) The Secretary may waive in whole or in part, on a prospective or
retrospective basis, the application of the requirement of subsection
(a)(3) of this section for an entity which is not a small health center
if he determines that the entity is financially unable to meet such
requirement or if he determines that compliance with such requirement
would unreasonably limit the ability of the entity to provide for the
adequate support of the provision of health services by Corps members.
(2) The Secretary may waive in whole or in part, on a prospective or
retrospective basis, the application of the requirement of subsection
(a)(3) of this section for any entity which is not a small health center
and which is located in a health professional shortage area in which a
significant percentage of the individuals are elderly, living in
poverty, or have other characteristics which indicate an inability to
repay, in whole or in part, the amounts required in subsection (a)(3) of
this section.
(3) In the event that the Secretary grants a waiver under paragraph
(1) or (2), and does not, pursuant to paragraph (5), require payment by
the entity in the amount described in subsection (f)(1) of this section,
the entity shall be required to use the total amount of funds collected
by such entity in accordance with subsection (a)(2) of this section for
the improvement of the capability of such entity to deliver health
services to the individuals in, or served by, the health professional
shortage area.
(4) In determining whether to grant a waiver under paragraph (1) or
(2), the Secretary shall not discriminate against a public entity.
(5)(A) If the Secretary determines that an entity which is not a
small health center is eligible for a waiver under paragraph (1) or (2),
the Secretary may waive the application of subsection (a)(3) of this
section for such entity and require such entity to make payment in an
amount equal to the amount described in subsection (f)(1) of this
section that would be payable by such entity if such entity were a small
health center.
(B) The Secretary may waive in whole or in part, on a prospective or
retrospective basis, the application of the requirement of subparagraph
(A) for any entity if the Secretary determines that the entity is
financially unable to meet such requirement or that compliance with such
requirement would unreasonably limit the ability of the entity to
provide for the adequate support of the provision of health services by
Corps members. Funds which would be paid to the United States but for a
waiver under this subparagraph shall be used by an entity to --
(i) expand or improve its provision of health services;
(ii) increase the number of individuals served;
(iii) renovate or modernize facilities for its provision of health
services;
(iv) improve the administration of its health service programs; or
(v) to establish a financial reserve to assure its ability to
continue providing health services.
(c) Excess funds
The excess (if any) of the amount of funds collected by an entity
which is not a small health center in accordance with subsection (a)(2)
of this section over the amount paid to the United States in accordance
with subsection (a)(3) of this section or subsection (b)(5)(A) of this
section shall be used by the entity to expand and improve the provision
of health services to the individuals in the health professional
shortage area for which the entity submitted an application or to
recruit and retain health manpower to provide health services for such
individuals.
(d) Charge for services; reduced rate; no charge
Any person who receives health services provided by a Corps member
under this subpart shall be charged for such services on a
fee-for-service or other basis, at a rate approved by the Secretary,
pursuant to regulations. Such rate shall be computed in such a way as
to permit the recovery of the value of such services, except that if
such person is determined under regulations of the Secretary to be
unable to pay such charge, the Secretary shall provide for the
furnishing of such services at a reduced rate or without charge.
(e) Deposit of funds in Treasury as miscellaneous receipts;
appropriations unaffected
Funds received by the Secretary under an agreement entered into under
this section shall be deposited in the Treasury as miscellaneous
receipts and shall be disregarded in determining the amounts of
appropriations to be requested and the amounts to be made available from
appropriations made under section 254k of this title to carry out
sections 254d through 254h and section 254j of this title.
(f) Small health centers
(1) An entity which is a small health center shall pay to the United
States, as prescribed by the Secretary in each calendar quarter (or
other period as may be specified in the agreement) during which any
Corps member is assigned to such entity, an amount equal to the amount
(prorated for a calendar quarter or other period) by which the revenues
that the center may reasonably expect to receive during an annual period
for the provision of health services exceeds the costs that the center
may reasonably expect to incur in the provision of such services, except
that the amount that an entity shall pay to the United States under this
paragraph shall not exceed the amount such entity would pay to the
United States under paragraph (3) of subsection (a) of this section if
such paragraph applied to such entity.
(2)(A) To determine for purposes of paragraph (1) the revenues and
costs which an entity that is a small health center may reasonably be
expected to receive and incur in an annual period for the provision of
health services, the entity shall submit to the Secretary before the
beginning of such period a proposed budget which --
(i) describes the primary and supplemental health services (as
defined in section 254c of this title) which are needed by the area the
entity serves in such period; and
(ii) states the revenues and costs which the entity expects to
receive and incur in providing such health services in such period.
(B) From the submission under subparagraph (A) and other information
available to the Secretary, the Secretary shall determine --
(i) the primary and supplemental health services (as defined in
section 254c of this title) needed in the area the entity serves;
(ii) the fees, premiums, third party reimbursements, and other
revenues the entity making the submission may reasonably expect to
receive from the provision of such services; and
(iii) the costs which the entity may reasonably expect to incur in
providing such services.
The revenues and costs determined by the Secretary shall be the
revenues and costs used in making the determination under paragraph (1).
(C)(i) A determination under subparagraph (B) regarding the revenues
and costs of an entity in an annual period shall be made by the
Secretary utilizing criteria specific to the entity and shall be made
without regard to whether the entity is making progress toward
collecting sufficient revenues to provide an adequate level of primary
health services without the assignment of Corps members.
(ii) In making a determination referred to in clause (i) --
(I) the Secretary may consider whether the proposed budget submitted
under subparagraph (A) provides a reasonable estimate regarding the
revenues and costs of the entity; and
(II) may not consider the reasonableness of the amount of revenues
collected, or the amount of costs incurred by the entity, except to the
extent necessary to ensure that the entity is operating in good faith
and is operating efficiently with respect to fiscal matters within the
control of the entity.
(iii) A determination of whether an entity is eligible for a waiver
under paragraph (3) shall be made by the Secretary without regard to the
revenues and costs determined by the Secretary under subparagraph (B).
(iv) A determination of whether an entity is a small health center
shall be made by the Secretary without regard to the revenues and costs
determined by the Secretary under subparagraph (B).
(3) The Secretary may waive in whole or in part, on a prospective or
retrospective basis, the application of paragraph (1) for an entity
which is a small health center if the Secretary determines that the
entity needs all or part of the amounts otherwise payable under such
paragraph to --
(A) expand or improve its provision of health services;
(B) increase the number of individuals served;
(C) renovate or modernize facilities for its provision of health
services;
(D) improve the administration of its health service programs; or
(E) establish a financial reserve to assure its ability to continue
providing health services.
(4) The excess (if any) of the amount of funds collected by an entity
which is a small health center in accordance with subsection (a)(2) of
this section over the amount paid to the United States in accordance
with paragraph (1) of this subsection shall be used by the center for
the purposes set out in subparagraphs (A) through (E) of paragraph (3)
of this subsection or to recruit and retain health manpower to provide
health services to the individuals in the health professional shortage
area for which the entity submitted an application.
(5) For purposes of this section, the term ''small health center''
means an entity other than --
(A) a hospital (or part of a hospital);
(B) a public entity; or
(C) an entity that is receiving a grant under section 254b of this
title or section 254c of this title, except that such term includes an
entity whose grant is less than the total of the amounts, calculated on
an annual basis, specified in subparagraphs (A) and (B) of subsection
(a)(3) of this section.
(July 1, 1944, ch. 373, title III, 334, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2274, and amended Aug. 13,
1981, Pub. L. 97-35, title XXVII, 2704, 95 Stat. 906; Dec. 1, 1983,
Pub. L. 98-194, 3, 97 Stat. 1345; Dec. 1, 1987, Pub. L. 100-177,
title II, 202(c), 101 Stat. 996; Nov. 16, 1990, Pub. L. 101-597,
title I, 105, title IV, 401(b)((a)), 104 Stat. 3018, 3035.)
Section 254f(d) of this title, referred to in subsec. (a)(3)(C), was
redesignated section 254f(b) of this title by Pub. L. 101-597, title I,
103(b)(2), Nov. 16, 1990, 104 Stat. 3015.
1990 -- Subsecs. (b)(2), (3), (c). Pub. L. 101-597, 401(b)((a)),
substituted reference to health professional shortage area for reference
to health manpower shortage area.
Subsec. (f)(2)(C). Pub. L. 101-597, 105, added subpar. (C).
Subsec. (f)(4). Pub. L. 101-597, 401(b)((a)), substituted reference
to health professional shortage area for reference to health manpower
shortage area.
1987 -- Subsec. (a)(3)(B). Pub. L. 100-177 inserted ''or the Loan
Repayment Program'' after ''amount paid under the Scholarship Program''
and substituted ''service under the Scholarship Program or the Loan
Repayment Program'' for ''service under the Program''.
1983 -- Subsec. (a)(3). Pub. L. 98-194, 3(a)(1)(A), inserted '', if
not a small health center,'' after ''the entity'' in provisions
preceding subpar. (A).
Subsec. (a)(4), (5). Pub. L. 98-194, 3(a)(1), (C), (D), added par.
(4) and redesignated former par. (4) as (5).
Subsec. (b)(1). Pub. L. 98-194, 3(b)(1), (2), inserted '', on a
prospective or retrospective basis,'' after ''in whole or in part'', and
''which is not a small health center'' after ''for an entity''.
Subsec. (b)(2). Pub. L. 98-194, 3(b)(3), (4), inserted '', on a
prospective or retrospective basis,'' after ''in whole or in part'', and
''is not a small health center and which'' after ''for any entity
which''.
Subsec. (b)(3). Pub. L. 98-194, 3(b)(5), inserted ''and does not,
pursuant to paragraph (5), require payment by the entity in the amount
described in subsection (f)(1) of this section,'' after ''paragraph (1)
or (2),''.
Subsec. (b)(5). Pub. L. 98-194, 3(b)(6), added par. (5).
Subsec. (c). Pub. L. 98-194, 3(c), inserted ''which is not a small
health center'' after ''an entity'', and ''or subsection (b)(5)(A) of
this section'' before ''shall be used by the entity''.
Subsec. (f). Pub. L. 98-194, 3(d), added subsec. (f).
1981 -- Subsec. (a). Pub. L. 97-35, 2704(a)(1)-(3), in introductory
provisions inserted reference to assignment of member of Corps, and in
par. (3) revised method and criteria for calculation of sums.
Subsec. (b)(4). Pub. L. 97-35, 2704(a)(4), added par. (4).
Subsec. (e). Pub. L. 97-35, 2704(b), substituted reference to
sections 254d to 254h, and 254j of this title, for reference to this
subpart.
Section 4 of Pub. L. 98-194 provided that: ''The amendments made by
section 3 (amending this section) shall apply with respect to agreements
entered into under section 334 of the Public Health Service Act (this
section) after the date of the enactment of this Act (Dec. 1, 1983),
but, to the extent feasible, the Secretary of Health and Human Services
shall revise agreements entered into under such section 334 before such
date to reflect the amendments made by section 3.''
Section 2 of Pub. L. 98-194 provided that: ''Congress finds and
declares that --
''(1) rural health clinics are an important part of America's health
care delivery system;
''(2) National Health Service Corps personnel assigned to rural
health clinics located in health manpower shortage areas have provided
valuable and needed staffing help for such clinics;
''(3) rural health clinics receiving assistance from National Health
Service Corps personnel should be expected to reimburse the Federal
Government for a reasonable share of the costs of such personnel; and
''(4) the criteria which should be applied to reimbursement by such
clinics for use of such personnel should be a fair and equitable one
which reflects the needs of such clinics and the populations served by
such clinics, as well as the value of the services rendered by such
personnel.''
/1/ See References in Text note below.
42 USC 254h. Provision of health services by Corps members
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Means of delivery of services; cooperation with other health
care providers
In providing health services in a health professional shortage area,
Corps members shall utilize the techniques, facilities, and
organizational forms most appropriate for the area, population group,
medical facility, or other public facility, and shall, to the maximum
extent feasible, provide such services (1) to all individuals in, or
served by, such health professional shortage area regardless of their
ability to pay for the services, and (2) in a manner which is
cooperative with other health care providers serving such health
professional shortage area.
(b) Utilization of existing health facilities; lease, acquisition,
and use of equipment and supplies; permanent and temporary professional
services
(1) Notwithstanding any other provision of law, the Secretary may (A)
to the maximum extent feasible make such arrangements as he determines
necessary to enable Corps members to utilize the health facilities in or
serving the health professional shortage area in providing health
services; (B) make such arrangements as he determines are necessary for
the use of equipment and supplies of the Service and for the lease or
acquisition of other equipment and supplies; and (C) secure the
permanent or temporary services of physicians, dentists, nurses,
administrators, and other health personnel. If there are no health
facilities in or serving such area, the Secretary may arrange to have
Corps members provide health services in the nearest health facilities
of the Service or may lease or otherwise provide facilities in or
serving such area for the provision of health services.
(2) If the individuals in or served by a health professional shortage
area are being served (as determined under regulations of the Secretary)
by a hospital or other health care delivery facility of the Service, the
Secretary may, in addition to such other arrangements as he may make
under paragraph (1), arrange for the utilization of such hospital or
facility by Corps members in providing health services, but only to the
extent that such utilization will not impair the delivery of health
services and treatment through such hospital or facility to individuals
who are entitled to health services and treatment through such hospital
or facility.
(c) Loan; purposes; limitations
The Secretary may make one loan to any entity with an approved
application under section 254f of this title to assist such entity in
meeting the costs of (1) establishing medical, dental, or other health
profession practices, including the development of medical practice
management systems; (2) acquiring equipment for use in providing health
services; and (3) renovating buildings to establish health facilities.
No loan may be made under this subsection unless an application therefor
is submitted to, and approved by, the Secretary. The amount of any such
loan shall be determined by the Secretary, except that no such loan may
exceed $50,000.
(d) Property and equipment disposal; fair market value; sale at
less than full market value
Upon the expiration of the assignment of all Corps members to a
health professional shortage area, the Secretary may (notwithstanding
any other provision of law) sell, to any appropriate local entity,
equipment and other property of the United States utilized by such
members in providing health services. Sales made under this subsection
shall be made at the fair market value (as determined by the Secretary)
of the equipment or such other property; except that the Secretary may
make such sales for a lesser value to an appropriate local entity, if he
determines that the entity is financially unable to pay the full market
value.
(e) Admitting privileges denied to Corps member by hospital; notice
and hearing; denial of Federal funds for violation; ''hospital''
defined
(1)(A) It shall be unlawful for any hospital to deny an authorized
Corps member admitting privileges when such Corps member otherwise meets
the professional qualifications established by the hospital for granting
such privileges and agrees to abide by the published bylaws of the
hospital and the published bylaws, rules, and regulations of its medical
staff.
(B) Any hospital which is found by the Secretary, after notice and an
opportunity for a hearing on the record, 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 this chapter or under titles XVIII or XIX of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et seq.).
(2) For purposes of this subsection, the term ''hospital'' includes a
State or local public hospital, a private profit hospital, a private
nonprofit hospital, a general or special hospital, and any other type of
hospital (excluding a hospital owned or operated by an agency of the
Federal Government), and any related facilities.
(July 1, 1944, ch. 373, title III, 335, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2275, and amended Aug. 13,
1981, Pub. L. 97-35, title XXVII, 2705, 95 Stat. 907; Nov. 16, 1990,
Pub. L. 101-597, title I, 106, title IV, 401(b)((a)), 104 Stat. 3018,
3035.)
The Social Security Act, referred to in subsec. (e)(1)(B), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
XIX of the Social Security Act are classified generally to subchapters
XVIII ( 1395 et seq.) and XIX ( 1396 et seq.) of chapter 7 of this
title, respectively. For complete classification of this Act to the
Code, see section 1305 of this title and Tables.
1990 -- Subsecs. (a), (b)(1)(A), (2), (d). Pub. L. 101-597,
401(b)((a)), substituted reference to health professional shortage area
for reference to health manpower shortage area wherever appearing.
Subsec. (e)(1)(A). Pub. L. 101-597, 106, substituted ''authorized
Corps member admitting privileges'' for ''authorized physician or
dentist member of the Corps admitting privileges''.
1981 -- Subsec. (a)(2). Pub. L. 97-35, 2705(a), substituted
provisions respecting cooperation with other health care providers, for
provisions respecting direct health services programs.
Subsec. (c)(4). Pub. L. 97-35, 2705(b), struck out cl. (4) relating
to appropriate continuing education programs.
42 USC 254h-1. Facilitation of effective provision of Corps services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Consideration of individual characteristics of members in making
assignments
In making an assignment of a Corps member to an entity that has had
an application approved under section 254f of this title, the Secretary
shall, subject to making the assignment in accordance with section
254f-1 of this title, seek to assign to the entity a Corps member who
has (and whose spouse, if any, has) characteristics that increase the
probability that the member will remain in the health professional
shortage area involved after the completion of the period of service in
the Corps.
(b) Counseling on service in Corps
(1) In general
The Secretary shall, subject to paragraph (3), offer appropriate
counseling on service in the Corps to individuals during the period of
membership in the Corps, particularly during the initial period of each
assignment.
(2) Career advisor regarding obligated service
(A) In the case of individuals who have entered into contracts for
obligated service under the Scholarship or Loan Repayment Program,
counseling under paragraph (1) shall include appropriate counseling on
matters particular to such obligated service. The Secretary shall
ensure that career advisors for providing such counseling are available
to such individuals throughout the period of participation in the
Scholarship or Loan Repayment Program.
(B) With respect to the Scholarship Program, counseling under
paragraph (1) shall include counseling individuals during the period in
which the individuals are pursuing an educational degree in the health
profession involved, including counseling to prepare the individual for
service in the Corps.
(3) Extent of counseling services
With respect to individuals who have entered into contracts for
obligated service under the Scholarship or Loan Repayment Program, this
subsection shall be carried out regarding such individuals throughout
the period of obligated service (and, additionally, throughout the
period specified in paragraph (2)(B), in the case of the Scholarship
Program). With respect to Corps members generally, this subsection
shall be carried out to the extent practicable.
(c) Grants regarding preparation of students for practice
With respect to individuals who have entered into contracts for
obligated service under the Scholarship or Loan Repayment Program, the
Secretary may make grants to, and enter into contracts with, public and
nonprofit private entities (including health professions schools) for
the conduct of programs designed to prepare such individuals for the
effective provision of primary health services in the health manpower
shortage areas to which the individuals are assigned.
(d) Assistance in establishing local professional relationships
The Secretary shall assist Corps members in establishing appropriate
professional relationships between the Corps member involved and the
health professions community of the geographic area with respect to
which the member is assigned, including such relationships with
hospitals, with health professions schools, with area health education
centers under section 295g-1 of this title, with health education and
training centers under such section, and with border health education
and training centers under such section. Such assistance shall include
assistance in obtaining faculty appointments at health professions
schools.
(e) Temporary relief from Corps duties
(1) In general
The Secretary shall, subject to paragraph (4), provide assistance to
Corps members in establishing arrangements through which Corps members
may, as appropriate, be provided temporary relief from duties in the
Corps in order to pursue continuing education in the health professions,
to participate in exchange programs with teaching centers, to attend
professional conferences, or to pursue other interests, including
vacations.
(2) Assumption of duties of member
(A) Temporary relief under paragraph (1) may be provided only if the
duties of the Corps member involved are assumed by another health
professional. With respect to such temporary relief, the duties may be
assumed by Corps members or by health professionals who are not Corps
members, if the Secretary approves the professionals for such purpose.
Any health professional so approved by the Secretary shall, during the
period of providing such temporary relief, be deemed to be a Corps
member for purposes of section 233 of this title (including for purposes
of the remedy described in such section), section 254f(f) of this title,
and section 254h(e) of this title.
(B) In carrying out paragraph (1), the Secretary shall provide for
the formation and continued existence of a group of health professionals
to provide temporary relief under such paragraph.
(3) Recruitment from general health professions community
In carrying out paragraph (1), the Secretary shall --
(A) encourage health professionals who are not Corps members to enter
into arrangements under which the health professionals temporarily
assume the duties of Corps members for purposes of paragraph (1); and
(B) with respect to the entities to which Corps members have been
assigned under section 254f of this title, encourage the entities to
facilitate the development of arrangements described in subparagraph
(A).
(4) Limitation
In carrying out paragraph (1), the Secretary may not, except as
provided in paragraph (5), obligate any amounts (other than for
incidental expenses) for the purpose of --
(A) compensating a health professional who is not a Corps member for
assuming the duties of a Corps member; or
(B) paying the costs of a vacation, or other interests that a Corps
member may pursue during the period of temporary relief under such
paragraph.
(5) Sole providers of health services
In the case of any Corps member who is the sole provider of health
services in the geographic area involved, the Secretary may, from
amounts appropriated under section 254k of this title, obligate on
behalf of the member such sums as the Secretary determines to be
necessary for purposes of providing temporary relief under paragraph
(1).
(f) Determinations regarding effective service
In carrying out subsection (a) of this section and sections 254l(d)
and 254l-1(d) of this title, the Secretary shall carry out activities to
determine --
(1) the characteristics of physicians, dentists, and other health
professionals who are more likely to remain in practice in health
manpower shortage areas after the completion of the period of service in
the Corps;
(2) the characteristics of health manpower shortage areas, and of
entities seeking assignments of Corps members, that are more likely to
retain Corps members after the members have completed the period of
service in the Corps; and
(3) the appropriate conditions for the assignment and utilization in
health manpower shortage areas of certified nurse practitioners,
certified nurse midwives, and physician assistants.
(July 1, 1944, ch. 373, title III, 336, as added Aug. 13, 1981, Pub.
L. 97-35, title XXVII, 2706(b), 95 Stat. 907, and amended Dec. 1,
1987, Pub. L. 100-177, title II, 202(d), 101 Stat. 997; Nov. 16, 1990,
Pub. L. 101-597, title I, 107, title IV, 401(b)((a)), 104 Stat. 3018,
3035.)
A prior section 336 of act July 1, 1944, was renumbered 336A by Pub.
L. 97-35, title XXVII, 2706(a), Aug. 13, 1981, 95 Stat. 907, and is
classified to section 254i of this title.
1990 -- Pub. L. 101-597, 107, amended section generally. Prior to
amendment, section read as follows:
''(a) The Secretary may make grants to and enter into contracts with
public and private nonprofit entities for the conduct of programs which
are designed to prepare individuals subject to a service obligation
under the National Health Service Corps Scholarship Program or Loan
Repayment Program to effectively provide health services in the health
manpower shortage area to which they are assigned.
''(b) No grant may be made or contract entered into under subsection
(a) of this section unless an application therefor is submitted to and
approved by the Secretary. Such an application shall be in such form,
submitted in such manner, and contain such information, as the Secretary
shall by regulation prescribe.''
Subsec. (a). Pub. L. 101-597, 401(b)((a)), substituted ''health
professional shortage area'' for ''health manpower shortage area''.
1987 -- Subsec. (a). Pub. L. 100-177 substituted ''Scholarship
Program or Loan Repayment Program'' for ''scholarship program''.
42 USC 254i. Annual report to Congress; contents
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall submit an annual report to Congress, and shall
include in such report with respect to the previous calendar year --
(1) the number, identity, and priority of all health professional
shortage areas designated in such year and the number of health
professional shortage areas which the Secretary estimates will be
designated in the subsequent year;
(2) the number of applications filed under section 254f of this title
in such year for assignment of Corps members and the action taken on
each such application;
(3) the number and types of Corps members assigned in such year to
health professional shortage areas, the number and types of additional
Corps members which the Secretary estimates will be assigned to such
areas in the subsequent year, and the need for additional members for
the Corps;
(4) the recruitment efforts engaged in for the Corps in such year and
the number of qualified individuals who applied for service in the Corps
in such year;
(5) the number of patients seen and the number of patient visits
recorded during such year with respect to each health professional
shortage area to which a Corps member was assigned during such year;
(6) the number of Corps members who elected, and the number of Corps
members who did not elect, to continue to provide health services in
health professional shortage areas after termination of their service in
the Corps and the reasons (as reported to the Secretary) of members who
did not elect for not making such election;
(7) the results of evaluations and determinations made under section
254f(a)(1)(D) of this title during such year; and
(8) the amount charged during such year for health services provided
by Corps members, the amount which was collected in such year by
entities in accordance with agreements under section 254g of this title,
and the amount which was paid to the Secretary in such year under such
agreements.
(July 1, 1944, ch. 373, title III, 336A, formerly 336, as added
Oct. 12, 1976, Pub. L. 94-484, title IV, 407(b)(3), 90 Stat. 2277,
renumbered 336A, Aug. 13, 1981, Pub. L. 97-35, title XXVII, 2706(a),
95 Stat. 907, and amended Dec. 21, 1982, Pub. L. 97-375, title II,
206(a), 96 Stat. 1823; Nov. 16, 1990, Pub. L. 101-597, title IV,
401(b)((a)), 104 Stat. 3035.)
1990 -- Pars. (1), (3), (5), (6). Pub. L. 101-597 substituted
reference to health professional shortage area for reference to health
manpower shortage area wherever appearing.
1982 -- Pub. L. 97-375 struck out ''on May 1 of each year'' after
''report to Congress''.
42 USC 254j. National Advisory Council on National Health Service
Corps
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; appointment of members
There is established a council to be known as the National Advisory
Council on the National Health Service Corps (hereinafter in this
section referred to as the ''Council''). The Council shall be composed
of not more than 15 members appointed by the Secretary. The Council
shall consult with, advise, and make recommendations to, the Secretary
with respect to his responsibilities in carrying out this subpart (other
than section 254r /1/ of this title), and shall review and comment upon
regulations promulgated by the Secretary under this subpart.
(b) Term of members; compensation; expenses
(1) Members of the Council shall be appointed for a term of three
years, except that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's predecessor
was appointed shall be appointed for the remainder of such term. No
member shall be removed, except for cause. Members may not be
reappointed to the Council.
(2) Members of the Council (other than members who are officers or
employees of the United States), while attending meetings or conferences
thereof or otherwise serving on the business of the Council, shall be
entitled to receive for each day (including traveltime) in which they
are so serving the daily equivalent of the annual rate of basic pay in
effect for grade GS-18 of the General Schedule; and while so serving
away from their homes or regular places of business all members 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.
(c) Termination
Section 14 of the Federal Advisory Committee Act shall not apply with
respect to the Council.
(July 1, 1944, ch. 373, title III, 337, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2277, and amended July 10,
1979, Pub. L. 96-32, 7(g), 93 Stat. 84; Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2707, 95 Stat. 907; Jan. 4, 1983, Pub. L. 97-414, 8(f),
96 Stat. 2061.)
Section 254r of this title, referred to in subsec. (a), was in the
original a reference to section 338G of act July 1, 1944, which was
renumbered section 338I by Pub. L. 100-177, title II, 201(1), Dec. 1,
1987, 101 Stat. 992, and repealed by Pub. L. 100-713, title I,
104(b)(1), Nov. 23, 1988, 102 Stat. 4787.
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (c), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
776, which is set out in the Appendix to Title 5, Government
Organization and Employees.
1983 -- Subsec. (a). Pub. L. 97-414 inserted ''(other than section
254r of this title)'' after ''carrying out this subpart''.
1981 -- Subsec. (a). Pub. L. 97-35, 2707(a), amended subsec. (a)
generally, striking out pars. (1) to (5) respecting required status and
background of members appointed by the Secretary.
Subsec. (b)(1). Pub. L. 97-35, 2707(b), inserted ''not'' before ''be
reappointed''.
1979 -- Subsec. (b)(2). Pub. L. 96-32 substituted ''section 5703 of
title 5'' for ''section 5703(b) of title 5''.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
/1/ See References in Text note below.
42 USC 254k. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) For the purpose of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 1991 through 2000.
(2) In the case of individuals who serve in the Corps other than
pursuant to obligated service under the Scholarship or Loan Repayment
Program, the Secretary each fiscal year shall, to the extent
practicable, make assignments under section 254f of this title of such
individuals who are certified nurse midwives, certified nurse
practitioners, or physician assistants.
(b) An appropriation under an authorization under subsection (a) of
this section for any fiscal year may be made at any time before that
fiscal year and may be included in an Act making an appropriation under
an authorization under subsection (a) of this section for another fiscal
year; but no funds may be made available from any appropriation under
such authorization for obligation under sections 254d through 254h,
section 254i, and section 254j of this title before the fiscal year for
which such appropriation is authorized.
(July 1, 1944, ch. 373, title III, 338, as added Oct. 12, 1976, Pub.
L. 94-484, title IV, 407(b)(3), 90 Stat. 2278, and amended Nov. 10,
1978, Pub. L. 95-626, title I, 122, 92 Stat. 3570; Sept. 29, 1979,
Pub. L. 96-76, title II, 202(c), 93 Stat. 582; Aug. 13, 1981, Pub. L.
97-35, title XXVII, 2708, 95 Stat. 908; Dec. 1, 1987, Pub. L.
100-177, title III, 305, 101 Stat. 1004; Nov. 16, 1990, Pub. L.
101-597, title I, 108, 104 Stat. 3021.)
1990 -- Subsec. (a). Pub. L. 101-597 added subsec. (a) and struck
out former subsec. (a) which read as follows: ''To carry out this
subpart, there are authorized to be appropriated $65,000,000 for fiscal
year 1988, $65,000,000 for fiscal year 1989, and $65,000,000 for fiscal
year 1990.''
1987 -- Subsec. (a). Pub. L. 100-177 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''To carry out the
purposes of this subpart, there are authorized to be appropriated
$47,000,000 for the fiscal year ending September 30, 1978; $64,000,000
for the fiscal year ending September 30, 1979; $82,000,000 for the
fiscal year ending September 30, 1980; $110,000,000 for the fiscal year
ending September 30, 1982; $120,000,000 for the fiscal year ending
September 30, 1983; and $130,000,000 for the fiscal year ending
September 30, 1984.''
1981 -- Subsec. (a). Pub. L. 97-35, 2708(a), inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1982,
1983, and 1984.
Subsec. (b). Pub. L. 97-35, 2708(b), substituted reference to
sections 254d to 254h, 254i, and 254j of this title for reference to
this subpart.
1979 -- Subsec. (a). Pub. L. 96-76 substituted ''$82,000,000'' for
''$70,000,000''.
1978 -- Subsec. (a). Pub. L. 95-626 substituted ''$64,000,000'' for
''$57,000,000'' as amount authorized to be appropriated for fiscal year
ending Sept. 30, 1979.
42 USC subpart iii -- scholarship program and loan repayment program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1987 -- Pub. L. 100-177, title II, 202(f), Dec. 1, 1987, 101 Stat.
999, inserted subpart III heading and redesignated former subpart III
as IV.
42 USC 254l. National Health Service Corps Scholarship Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish the National Health Service Corps
Scholarship Program to assure, with respect to the provision of primary
health services pursuant to section 254d(a)(2) of this title --
(1) an adequate supply of physicians, dentists, certified nurse
midwives, certified nurse practitioners, and physician assistants; and
(2) if needed by the Corps, an adequate supply of other health
professionals.
(b) Eligibility; application; written contract
To be eligible to participate in the Scholarship Program, an
individual must --
(1) be accepted for enrollment, or be enrolled, as a full-time
student (A) in an accredited (as determined by the Secretary)
educational institution in a State and (B) in a course of study or
program, offered by such institution and approved by the Secretary,
leading to a degree in medicine, osteopathic medicine, dentistry, or
other health profession;
(2) be eligible for, or hold, an appointment as a commissioned
officer in the Regular or Reserve Corps of the Service or be eligible
for selection for civilian service in the Corps;
(3) submit an application to participate in the Scholarship Program;
and
(4) sign and submit to the Secretary, at the time of submittal of
such application, a written contract (described in subsection (f) of
this section) to accept payment of a scholarship and to serve (in
accordance with this subpart) for the applicable period of obligated
service in a health professional shortage area.
(c) Review and evaluation of information and forms by prospective
applicant
(1) In disseminating application forms and contract forms to
individuals desiring to participate in the Scholarship Program, the
Secretary shall include with such forms --
(A) a fair summary of the rights and liabilities of an individual
whose application is approved (and whose contract is accepted) by the
Secretary, including in the summary a clear explanation of the damages
to which the United States is entitled under section 254o /1/ of this
title in the case of the individual's breach of the contract; and
(B) information respecting meeting a service obligation through
private practice under an agreement under section 254n /1/ of this title
and such other information as may be necessary for the individual to
understand the individual's prospective participation in the Scholarship
Program and service in the Corps, including a statement of all factors
considered in approving applications for participation in the Program
and in making assignments for participants in the Program.
(2) The application form, contract form, and all other information
furnished by the Secretary under this subpart shall be written in a
manner calculated to be understood by the average individual applying to
participate in the Scholarship Program. The Secretary shall make such
application forms, contract forms, and other information available to
individuals desiring to participate in the Scholarship Program on a date
sufficiently early to insure that such individuals have adequate time to
carefully review and evaluate such forms and information.
(3)(A) The Secretary shall distribute to health professions schools
materials providing information on the Scholarship Program and shall
encourage the schools to disseminate the materials to the students of
the schools.
(B)(i) In the case of any health professional whose period of
obligated service under the Scholarship Program is nearing completion,
the Secretary shall encourage the individual to remain in a health
professional shortage area and to continue providing primary health
services.
(ii) During the period in which a health professional is planning and
making the transition to private practice from obligated service under
the Scholarship Program, the Secretary may provide assistance to the
professional regarding such transition if the professional is remaining
in a health professional shortage area and is continuing to provide
primary health services.
(C) In the case of entities to which participants in the Scholarship
Program are assigned under section 254f of this title, the Secretary
shall encourage the entities to provide options with respect to
assisting the participants in remaining in the health professional
shortage areas involved, and in continuing to provide primary health
services, after the period of obligated service under the Scholarship
Program is completed. The options with respect to which the Secretary
provides such encouragement may include options regarding the sharing of
a single employment position in the health professions by 2 or more
health professionals, and options regarding the recruitment of couples
where both of the individuals are health professionals.
(d) Factors considered in providing contracts; priorities
(1) Subject to section 254f-1 of this title, in providing contracts
under the Scholarship Program --
(A) the Secretary shall consider the extent of the demonstrated
interest of the applicants for the contracts in providing primary health
services; and
(B) may consider such other factors regarding the applicants as the
Secretary determines to be relevant to selecting qualified individuals
to participate in such Program.
(2) In providing contracts under the Scholarship Program, the
Secretary shall give priority --
(A) first, to any application for such a contract submitted by an
individual who has previously received a scholarship under this section
or under section 294z of this title;
(B) second, to any application for such a contract submitted by an
individual who has characteristics that increase the probability that
the individual will continue to serve in a health professional shortage
area after the period of obligated service pursuant to subsection (f) of
this section is completed; and
(C) third, subject to subparagraph (B), to any application for such a
contract submitted by an individual who is from a disadvantaged
background.
(e) Commencement of participation in Scholarship Program; notice
(1) An individual becomes a participant in the Scholarship Program
only upon the Secretary's approval of the individual's application
submitted under subsection (b)(3) of this section and the Secretary's
acceptance of the contract submitted by the individual under subsection
(b)(4) of this section.
(2) The Secretary shall provide written notice to an individual
promptly upon the Secretary's approving, under paragraph (1), of the
individual's participation in the Scholarship Program.
(f) Written contract; contents
The written contract (referred to in this subpart) between the
Secretary and an individual shall contain --
(1) an agreement that --
(A) subject to paragraph (2), the Secretary agrees (i) to provide the
individual with a scholarship (described in subsection (g) of this
section) in each such school year or years for a period of years (not to
exceed four school years) determined by the individual, during which
period the individual is pursuing a course of study described in
subsection (b)(1)(B) of this section, and (ii) to accept (subject to the
availability of appropriated funds for carrying out sections 254d
through 254h and section 254j of this title) the individual into the
Corps (or for equivalent service as otherwise provided in this subpart);
and
(B) subject to paragraph (2), the individual agrees --
(i) to accept provision of such a scholarship to the individual;
(ii) to maintain enrollment in a course of study described in
subsection (b)(1)(B) of this section until the individual completes the
course of study;
(iii) while enrolled in such course of study, to maintain an
acceptable level of academic standing (as determined under regulations
of the Secretary by the educational institution offering such course of
study); and
(iv) to serve for a time period (hereinafter in the subpart referred
to as the ''period of obligated service'') equal to --
(I) one year for each school year for which the individual was
provided a scholarship under the Scholarship Program, or
(II) two years,
whichever is greater, as a provider of primary health services in
a health professional shortage area (designated under section 254e of
this title) to which he is assigned by the Secretary as a member of the
Corps, or as otherwise provided in this subpart;
(2) a provision that any financial obligation of the United States
arising out of a contract entered into under this subpart and any
obligation of the individual which is conditioned thereon, is contingent
upon funds being appropriated for scholarships under this subpart and to
carry out the purposes of sections 254d through 254h and sections 254j
and 254k of this title;
(3) a statement of the damages to which the United States is
entitled, under section 254o /2/ of this title, for the individual's
breach of the contract; and
(4) such other statements of the rights and liabilities of the
Secretary and of the individual, not inconsistent with the provisions of
this subpart.
(g) Scholarship provisions; contract with educational institution;
increase in monthly stipend
(1) A scholarship provided to a student for a school year under a
written contract under the Scholarship Program shall consist of --
(A) payment to, or (in accordance with paragraph (2)) on behalf of,
the student of the amount (except as provided in section 292k of this
title) of --
(i) the tuition of the student in such school year; and
(ii) all other reasonable educational expenses, including fees,
books, and laboratory expenses, incurred by the student in such school
year; and
(B) payment to the student of a stipend of $400 per month (adjusted
in accordance with paragraph (3)) for each of the 12 consecutive months
beginning with the first month of such school year.
(2) The Secretary may contract with an educational institution, in
which a participant in the Scholarship Program is enrolled, for the
payment to the educational institution of the amounts of tuition and
other reasonable educational expenses described in paragraph (1)(A).
Payment to such an educational institution may be made without regard to
section 3324(a) and (b) of title 31.
(3) The amount of the monthly stipend, specified in paragraph (1)(B)
and as previously adjusted (if at all) in accordance with this
paragraph, shall be increased by the Secretary for each school year
ending in a fiscal year beginning after September 30, 1978, by an amount
(rounded to the next highest multiple of $1) equal to the amount of such
stipend multiplied by the overall percentage (under section 5303 of
title 5) of the adjustment (if such adjustment is an increase) in the
rates of pay under the General Schedule made effective in the fiscal
year in which such school year ends.
(h) Employment ceiling of Department unaffected
Notwithstanding any other provision of law, individuals who have
entered into written contracts with the Secretary under this section,
while undergoing academic training, shall not be counted against any
employment ceiling affecting the Department.
(i) Annual report to Congress; contents
Not later than March 1 of each year, the Secretary shall submit to
the Congress a report providing, with respect to the preceding fiscal
year --
(1) the number, and type of health profession training, of students
receiving scholarships under the Scholarship Program;
(2) the educational institutions at which such students are receiving
their training;
(3) the number of applications filed under this section in the school
year beginning in such year and in prior school years;
(4) the amount of scholarship payments made for each of tuition,
stipends, and other expenses, in the aggregate and at each educational
institution for the school year beginning in such year and for prior
school years;
(5)(A) the number, and type of health professions training, of
individuals who have breached the contract under subsection (f) of this
section through any of the actions specified in subsection (a) or (b) of
section 254o of this title; and
(B) with respect to such individuals --
(i) the educational institutions with respect to which payments have
been made or were to be made under the contract;
(ii) the amounts for which the individuals are liable to the United
States under section 254o of this title;
(iii) the extent of payment by the individuals of such amounts; and
(iv) if known, the basis for the decision of the individuals to
breach the contract under subsection (f) of this section; and
(6) the effectiveness of the Secretary in recruiting health
professionals to participate in the Scholarship Program, and in
encouraging and assisting such professionals with respect to providing
primary health services to health professional shortage areas after the
completion of the period of obligated service under such Program.
(July 1, 1944, ch. 373, title III, 338A, formerly title VII, 751,
as added Oct. 12, 1976, Pub. L. 94-484, title IV, 408(b)(1), 90 Stat.
2281, and amended Dec. 19, 1977, Pub. L. 95-215, 5, 91 Stat. 1506;
Nov. 9, 1978, Pub. L. 95-623, 12(c), 92 Stat. 3457; Nov. 10, 1978,
Pub. L. 95-626, title I, 113(b), 92 Stat. 3563; July 10, 1979, Pub. L.
96-32, 7(i), 93 Stat. 84; renumbered 338A and amended Aug. 13, 1981,
Pub. L. 97-35, title XXVII, 2709(a), (b), 95 Stat. 908; Oct. 22, 1985,
Pub. L. 99-129, title II, 210(b), 99 Stat. 537; Nov. 4, 1988, Pub. L.
100-607, title VI, 629(a)(2), 102 Stat. 3146; Nov. 5, 1990, Pub. L.
101-509, title V, 529 (title I, 101(b)(4)(K)), 104 Stat. 1427, 1440;
Nov. 16, 1990, Pub. L. 101-597, title II, 201, title IV, 401(b)((a)),
104 Stat. 3021, 3035.)
Sections 254n and 254o of this title, referred to in subsecs. (c)(1)
and (f)(3), were in the original references to sections 338C and 338D,
respectively, of act July 1, 1944, which were renumbered sections 338D
and 338E, respectively, by Pub. L. 100-177, title II, 201(2), Dec. 1,
1987, 101 Stat. 992.
In subsec. (g)(2), ''section 3324(a) and (b) of title 31''
substituted for ''section 3648 of the Revised Statutes (31 U.S.C.
529)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and Finance.
Section was formerly classified to section 294t of this title prior
to its renumbering by Pub. L. 97-35.
1990 -- Subsec. (a). Pub. L. 101-597, 201(a)(1), substituted
''Corps Scholarship Program to assure, with respect to the provision of
primary health services pursuant to section 254d(a)(2) of this title --
'' and pars. (1) and (2) for ''Corps Scholarship Program (hereinafter
in this subpart referred to as the 'Scholarship Program') to assure an
adequate supply of trained physicians, dentists, and nurses for the
National Health Service Corps (hereinafter in this subpart referred to
as the 'Corps') and, if needed by the Corps, podiatrists, optometrists,
pharmacists, clinical psychologists, graduates of schools of veterinary
medicine, graduates of schools of public health, graduates of programs
in health administration, graduates of programs for the training of
physician assistants, expanded function dental auxiliaries, and nurse
practitioners (as defined in section 296m of this title), and other
health professionals.''
Subsec. (b)(4). Pub. L. 101-597, 401(b)((a)), substituted reference
to health professional shortage area for reference to health manpower
shortage area.
Subsec. (c). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (3)(B), (C).
Pub. L. 101-597, 201(b), inserted par. (1) designation,
redesignated former pars. (1) and (2) as subpars. (A) and (B),
inserted before period at end of subpar. (B) '', including a statement
of all factors considered in approving applications for participation in
the Program and in making assignments for participants in the Program'',
inserted par. (2) designation, and added par. (3).
Subsec. (d). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (2)(B).
Pub. L. 101-597, 201(c), amended subsec. (d) generally. Prior to
amendment, subsec. (d) read as follows: ''In determining which
applications under the Scholarship Program to approve (and which
contracts to accept), the Secretary shall give priority --
''(1) first, to applications made (and contracts submitted) by
individuals who have previously received scholarships under the
Scholarship Program or under section 294z of this title; and
''(2) second, to applications made (and contracts submitted) --
''(A) for the school year beginning in calendar year 1978, by
individuals who are entering their first, second, or third year of study
in a course of study or program described in subsection (b)(1)(B) of
this section in such school year;
''(B) for the school year beginning in calendar year 1979, by
individuals who are entering their first or second year of study in a
course of study or program described in subsection (b)(1)(B) of this
section in such school year; and
''(C) for each school year thereafter, by individuals who are
entering their first year of study in a course of study or program
described in subsection (b)(1)(B) of this section in such school year.''
Subsec. (f)(1)(B)(iv). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area in closing provisions.
Pub. L. 101-597, 201(a)(2), substituted ''as a provider of primary
health services'' after ''whichever is greater,''.
Subsec. (g)(3). Pub. L. 101-509 substituted ''(under section 5303 of
title 5)'' for ''(as set forth in the report transmitted to the Congress
under section 5305 of title 5)''.
Subsec. (i). Pub. L. 101-597, 201(d)(1), amended introductory
provisions generally. Prior to amendment, introductory provisions read
as follows: ''The Secretary shall report to Congress on March 1 of each
year -- ''.
Subsec. (i)(4), (5). Pub. L. 101-597, 201(d)(2), added pars. (4)
and (5) and struck out former par. (4) which read as follows: ''the
amount of tuition paid in the aggregate and at each educational
institution for the school year beginning in such year and for prior
school years.''
Subsec. (i)(6). Pub. L. 101-597, 401(b)((a)), substituted reference
to health professional shortage area for reference to health manpower
shortage area.
Pub. L. 101-597, 201(d)(2)(C), added par. (6).
1988 -- Subsec. (b)(1). Pub. L. 100-607 substituted ''osteopathic
medicine'' for ''osteopathy''.
1985 -- Subsec. (g)(1). Pub. L. 99-129 struck out ''or under section
294z of this title (relating to scholarships for first-year students of
exceptional financial need),'' after ''Scholarship Program''.
1981 -- Subsec. (a). Pub. L. 97-35, 2709(b)(1), inserted reference
to clinical psychologists.
Subsec. (c). Pub. L. 97-35, 2709(b)(2), (3), substituted ''254o''
for ''294w'' in par. (1), and inserted provisions relating to
information concerning meeting the service obligation in par. (2).
Subsec. (f). Pub. L. 97-35, 2709(b)(4)-(6), in par. (1) substituted
reference to sections 254d to 254h and 254j of this title, for reference
to subpart II of part D of subchapter II of this chapter, in par. (2)
substituted reference to sections 254d to 254h, 254j and 254k of this
title, for reference to subpart II of part D of subchapter II of this
chapter, and in par. (3) substituted ''254o'' for ''294w''.
Subsec. (j). Pub. L. 97-35, 2709(b)(7), struck out subsec. (j)
which related to consultation and participation of schools.
1979 -- Subsec. (g)(3). Pub. L. 96-32 substituted ''section 5305 of
title 5'' for ''section 5303 of title 5''.
1978 -- Subsec. (f). Pub. L. 95-626 substituted ''subpart II of part
D'' for ''subpart II of part C'' in pars. (1)(A) and (2).
Subsec. (i). Pub. L. 95-623 substituted March 1 for December 1 as the
date for Secretary's annual report to Congress.
1977 -- Subsec. (d)(2). Pub. L. 95-215 substituted provisions
relating to the school years beginning in calendar years 1978 and 1979
for provisions relating to the school year ending in the fiscal year
beginning Oct. 1, 1977.
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 (title III, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
Section 228 of Pub. L. 99-129 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments and repeals made by this Act (enacting sections 294q-1 to
294q-3 of this title, amending this section and sections 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 201, 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) shall take effect on the date of enactment of this Act
(Oct. 22, 1985).
''(b)(1) The amendments made by section 101(a) of this Act (amending
section 294a of this title) shall take effect as of October 1, 1985.
''(2) The amendments made by section 208(e) of this Act (amending
section 294e of this title) shall take effect nine months after the date
of enactment of this Act (Oct. 22, 1985).
''(3) The amendment made by section 208(h) of this Act (amending
section 294a of this title) shall take effect as of October 1, 1983.
''(4) The provisions of section 746 of the Public Health Service Act
(as added by the amendment made by section 209(h)(2) of this Act)
(section 294g-2 of this title) shall take effect as of June 30, 1984.
''(5) The amendments made by section 209(j) of this Act (amending
sections 294m and 297a of this title) shall take effect as of June 30,
1984.
''(6) The amendments made by section 213(a) of this Act (amending
section 295g-1 of this title) shall take effect as of October 1, 1985.''
Section 5 of Pub. L. 95-215 provided that the amendment made by that
section is effective Oct. 1, 1977.
Section 408(b)(1) of Pub. L. 94-484 provided that the enactment of
sections 254l to 254r of this title and repeal of section 234 of this
title by Pub. L. 94-484 is effective Oct. 1, 1977.
Internship or Residency Before September 30, 1977,
Towards Service Obligation
Section 408(b)(2) of Pub. L. 94-484, as amended, eff. Oct. 12,
1976, by Pub. L. 95-83, title III, 307(p), Aug. 1, 1977, 91 Stat.
394, provided that:
''(A) Except as provided in subparagraphs (B) and (C), the amendment
made by paragraph (1) of this subsection (enacting this section and
sections 254l-1 to 254r of this title and repealing section 234 of this
title) shall apply with respect to scholarships awarded under the
National Health Service Corps Scholarship Program from appropriations
for such Program for fiscal years beginning after September 30, 1977.
''(B) The provisions of section 225(f)(1) of the Public Health
Service Act (as in effect on September 30, 1977) (former section
234(f)(1) of this title) prescribing the financial obligation of a
participant in the Public Health and National Health Service Corps
Scholarship Program who fails to complete an active duty service
obligation incurred under that Program shall apply to any individual who
received a scholarship under such Program from appropriations for such
Program for any fiscal year ending before October 1, 1977.
''(C) If an individual received a scholarship under the Public Health
and National Health Service Corps Scholarship Program for any school
year beginning before the date of the enactment of this Act (Oct. 12,
1976), periods of internship or residency served by such individual in a
facility of the National Health Service Corps or other facility of the
Public Health Service shall be creditable in satisfying such
individual's service obligation incurred under that Program for such
scholarship or for any scholarship received under the National Health
Service Corps Scholarship Program for any subsequent school year. If an
individual received a scholarship under the Public Health and National
Health Service Corps Program for the first time from appropriations for
such Program for the fiscal year ending September 30, 1977, periods of
internship or residency served by such individual in such a facility
shall be creditable in satisfying such individual's service obligation
incurred under that Program for such scholarship.''
/1/ See References in Text note below.
/2/ See References in Text note below.
42 USC 254l-1. National Health Service Corps Loan Repayment Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish a program to be known as the National
Health Service Corps Loan Repayment Program to assure, with respect to
the provision of primary health services pursuant to section 254d(a)(2)
of this title --
(1) an adequate supply of physicians, dentists, certified nurse
midwives, certified nurse practitioners, and physician assistants; and
(2) if needed by the Corps, an adequate supply of other health
professionals (including mental health professionals).
(b) Eligibility
To be eligible to participate in the Loan Repayment Program, an
individual must --
(1)(A) must /1/ have a degree in medicine, osteopathic medicine,
dentistry, or other health profession, or be certified as a nurse
midwife, nurse practioner, /2/ or physician assistant;
(B) be enrolled in an approved graduate training program in medicine,
osteopathic medicine, dentistry, or other health profession; or
(C) be enrolled as a full-time student --
(i) in an accredited (as determined by the Secretary) educational
institution in a State; and
(ii) in the final year of a course of a study or program, offered by
such institution and approved by the Secretary, leading to a degree in
medicine, osteopathic medicine, dentistry, or other health profession;
(2) be eligible for, or hold, an appointment as a commissioned
officer in the Regular or Reserve Corps of the Service or be eligible
for selection for civilian service in the Corps; and
(3) submit to the Secretary an application for a contract described
in subsection (f) of this section (relating to the payment by the
Secretary of the educational loans of the individual in consideration of
the individual serving for a period of obligated service).
(c) Information to be included with application and contract forms;
understandability; availability
(1) Summary and information
In disseminating application forms and contract forms to individuals
desiring to participate in the Loan Repayment Program, the Secretary
shall include with such forms --
(A) a fair summary of the rights and liabilities of an individual
whose application is approved (and whose contract is accepted) by the
Secretary, including in the summary a clear explanation of the damages
to which the United States is entitled under section 254o of this title
in the case of the individual's breach of the contract; and
(B) information respecting meeting a service obligation through
private practice under an agreement under section 254n of this title and
such other information as may be necessary for the individual to
understand the individual's prospective participation in the Loan
Repayment Program and service in the Corps.
(2) Understandability
The application form, contract form, and all other information
furnished by the Secretary under this subpart shall be written in a
manner calculated to be understood by the average individual applying to
participate in the Loan Repayment Program.
(3) Availability
The Secretary shall make such application forms, contract forms, and
other information available to individuals desiring to participate in
the Loan Repayment Program on a date sufficiently early to ensure that
such individuals have adequate time to carefully review and evaluate
such forms and information.
(4) Recruitment and retention
(A) The Secretary shall distribute to health professions schools
materials providing information on the Loan Repayment Program and shall
encourage the schools to disseminate the materials to the students of
the schools.
(B)(i) In the case of any health professional whose period of
obligated service under the Loan Repayment Program is nearing
completion, the Secretary shall encourage the individual to remain in a
health professional shortage area and to continue providing primary
health services.
(ii) During the period in which a health professional is planning and
making the transition to private practice from obligated service under
the Loan Repayment Program, the Secretary may provide assistance to the
professional regarding such transition if the professional is remaining
in a health professional shortage area and is continuing to provide
primary health services.
(C) In the case of entities to which participants in the Loan
Repayment Program are assigned under section 254f of this title, the
Secretary shall encourage the entities to provide options with respect
to assisting the participants in remaining in the health professional
shortage areas involved, and in continuing to provide primary health
services, after the period of obligated service under the Loan Repayment
Program is completed. The options with respect to which the Secretary
provides such encouragement may include options regarding the sharing of
a single employment position in the health professions by 2 or more
health professionals, and options regarding the recruitment of couples
where both of the individuals are health professionals.
(d) Factors considered in providing contracts; priorities
(1) Subject to section 254f-1 of this title, in providing contracts
under the Loan Repayment Program --
(A) the Secretary shall consider the extent of the demonstrated
interest of the applicants for the contracts in providing primary health
services; and
(B) may consider such other factors regarding the applicants as the
Secretary determines to be relevant to selecting qualified individuals
to participate in such Program.
(2) In providing contracts under the Loan Repayment Program, the
Secretary shall give priority --
(A) to any application for such a contract submitted by an individual
whose training is in a health profession or specialty determined by the
Secretary to be needed by the Corps;
(B) to any application for such a contract submitted by an individual
who has (and whose spouse, if any, has) characteristics that increase
the probability that the individual will continue to serve in a health
professional shortage area after the period of obligated service
pursuant to subsection (f) of this section is completed; and
(C) subject to subparagraph (B), to any application for such a
contract submitted by an individual who is from a disadvantaged
background.
(e) Approval required for participation
(1) In general
An individual becomes a participant in the Loan Repayment Program
only upon the Secretary and the individual entering into a written
contract described in subsection (f) of this section.
(2) Repealed. Pub. L. 101-597, title II, 202(b)(2)(B), Nov. 16,
1990, 104 Stat. 3024
(f) Contents of contracts
The written contract (referred to in this subpart) between the
Secretary and an individual shall contain --
(1) an agreement that --
(A) subject to paragraph (3), the Secretary agrees --
(i) to pay on behalf of the individual loans in accordance with
subsection (g) of this section; and
(ii) to accept (subject to the availability of appropriated funds for
carrying out sections 254d through 254h of this title and section 254j
of this title) the individual into the Corps (or for equivalent service
as otherwise provided in this subpart); and
(B) subject to paragraph (3), the individual agrees --
(i) to accept loan payments on behalf of the individual;
(ii) in the case of an individual described in subsection (b)(1)(C)
of this section, to maintain enrollment in a course of study or training
described in such subsection until the individual completes the course
of study or training;
(iii) in the case of an individual described in subsection (b)(1)(C)
of this section, while enrolled in such course of study or training, to
maintain an acceptable level of academic standing (as determined under
regulations of the Secretary by the educational institution offering
such course of study or training); and
(iv) to serve for a time period (hereinafter in this subpart referred
to as the ''period of obligated service'') equal to 2 years or such
longer period as the individual may agree to, as a provider of primary
health services in a health professional shortage area (designated under
section 254e of this title) to which such individual is assigned by the
Secretary as a member of the Corps or released under section 254n of
this title;
(2) a provision permitting the Secretary to extend for such longer
additional periods, as the individual may agree to, the period of
obligated service agreed to by the individual under paragraph
(1)(B)(iv), including extensions resulting in an aggregate period of
obligated service in excess of 4 years;
(3) a provision that any financial obligation of the United States
arising out of a contract entered into under this subpart and any
obligation of the individual that is conditioned thereon, is contingent
on funds being appropriated for loan repayments under this subpart and
to carry out the purposes of sections 254d through 254h of this title
and sections 254j and 254k of this title;
(4) a statement of the damages to which the United States is
entitled, under section 254o of this title for the individual's breach
of the contract; and
(5) such other statements of the rights and liabilities of the
Secretary and of the individual, not inconsistent with this subpart.
(g) Payments
(1) In general
A loan repayment provided for an individual under a written contract
under the Loan Repayment Program shall consist of payment, in accordance
with paragraph (2), on behalf of the individual of the principal,
interest, and related expenses on government and commercial loans
received by the individual regarding the undergraduate or graduate
education of the individual (or both), which loans were made for --
(A) tuition expenses;
(B) all other reasonable educational expenses, including fees, books,
and laboratory expenses, incurred by the individual; or
(C) reasonable living expenses as determined by the Secretary.
(2) Payments for years served
(A) In general
For each year of obligated service that an individual contracts to
serve under subsection (f) of this section the Secretary may pay up to
$35,000 on behalf of the individual for loans described in paragraph
(1). In making a determination of the amount to pay for a year of such
service by an individual, the Secretary shall consider the extent to
which each such determination --
(i) affects the ability of the Secretary to maximize the number of
contracts that can be provided under the Loan Repayment Program from the
amounts appropriated for such contracts;
(ii) provides an incentive to serve in health professional shortage
areas with the greatest such shortages; and
(iii) provides an incentive with respect to the health professional
involved remaining in a health professional shortage area, and
continuing to provide primary health services, after the completion of
the period of obligated service under the Loan Repayment Program.
(B) Repayment schedule
Any arrangement made by the Secretary for the making of loan
repayments in accordance with this subsection shall provide that any
repayments for a year of obligated service shall be made no later than
the end of the fiscal year in which the individual completes such year
of service.
(3) Tax liability
For the purpose of providing reimbursements for tax liability
resulting from payments under paragraph (2) on behalf of an individual
--
(A) the Secretary shall, in addition to such payments, make payments
to the individual in an amount equal to 39 percent of the total amount
of loan repayments made for the taxable year involved; and
(B) may make such additional payments as the Secretary determines to
be appropriate with respect to such purpose.
(4) Payment schedule
The Secretary may enter into an agreement with the holder of any loan
for which payments are made under the Loan Repayment Program to
establish a schedule for the making of such payments.
(h) Employment ceiling
Notwithstanding any other provision of law, individuals who have
entered into written contracts with the Secretary under this section,
while undergoing academic or other training, shall not be counted
against any employment ceiling affecting the Department.
(i) Reports
Not later than March 1 of each year, the Secretary shall submit to
the Congress a report providing, with respect to the preceding fiscal
year --
(1) the total amount of loan payments made under the Loan Repayment
Program;
(2) the number of applications filed under this section;
(3) the number, and type of health profession training, of
individuals receiving loan repayments under such Program;
(4) the educational institution at which such individuals received
their training;
(5) the total amount of the indebtedness of such individuals for
educational loans as of the date on which the individuals become
participants in such Program;
(6) the number of years of obligated service specified for such
individuals in the initial contracts under subsection (f) of this
section, and, in the case of individuals whose period of such service
has been completed, the total number of years for which the individuals
served in the Corps (including any extensions made for purposes of
paragraph (2) of such subsection);
(7)(A) the number, and type of health professions training, of such
individuals who have breached the contract under subsection (f) of this
section through any of the actions specified in subsection (a) or (b) of
section 254o of this title; and
(B) with respect to such individuals --
(i) the educational institutions with respect to which payments have
been made or were to be made under the contract;
(ii) the amounts for which the individuals are liable to the United
States under section 254o of this title;
(iii) the extent of payment by the individuals of such amounts; and
(iv) if known, the basis for the decision of the individuals to
breach the contract under subsection (f) of this section; and
(8) the effectiveness of the Secretary in recruiting health
professionals to participate in the Loan Repayment Program, and in
encouraging and assisting such professionals with respect to providing
primary health services to health professional shortage areas after the
completion of the period of obligated service under such Program.
(July 1, 1944, ch. 373, title III, 338B, as added Dec. 1, 1987, Pub.
L. 100-177, title II, 201(3), 101 Stat. 992, and amended Nov. 4, 1988,
Pub. L. 100-607, title VI, 629(a)(2), 102 Stat. 3146; Nov. 16, 1990,
Pub. L. 101-597, title II, 202(a)-(g)(1), (h), title IV, 401(b)((a)),
104 Stat. 3023-3026, 3035.)
A prior section 338B of act July 1, 1944, was renumbered section 338C
by section 201(2) of Pub. L. 100-177, and is classified to section 254m
of this title.
1990 -- Subsec. (a). Pub. L. 101-597, 202(a)(1), substituted
''Corps Loan Repayment Program to assure, with respect to the provision
of primary health services pursuant to section 254d(a)(2) of this title
-- '' and pars. (1) and (2) for ''Corps Loan Repayment Program
(hereinafter in this subpart referred to as the 'Loan Repayment
Program') in order to assure --
''(1) an adequate supply of trained physicians, dentists, and nurses
for the Corps; and
''(2) if needed by the Corps, an adequate supply of podiatrists,
optometrists, pharmacists, clinical psychologists, graduates of schools
of veterinary medicine, graduates of schools of public health, graduates
of programs in health administration, graduates of programs for the
training of physician assistants, expanded function dental auxiliaries,
and nurse practitioners (as defined in section 296m of this title), and
other health professionals.''
Subsec. (b)(1). Pub. L. 101-597, 202(b)(1)(A), amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
''(A) be enrolled --
''(i) as a full-time student --
''(I) in an accredited (as determined by the Secretary) educational
institution in a State; and
''(II) in the final year of a course of study or program, offered by
such institution and approved by the Secretary, leading to a degree in
medicine, osteopathic medicine, dentistry, or other health profession;
or
''(ii) in an approved graduate training program in medicine,
osteopathic medicine, dentistry, or other health profession; or
''(B) have --
''(i) a degree in medicine, osteopathic medicine, dentistry, or other
health profession;
''(ii) completed an approved graduate training program in medicine,
osteopathic medicine, dentistry, or other health profession in a State,
except that the Secretary may waive the completion requirement of this
clause for good cause; and
''(iii) a license to practice medicine, osteopathic medicine,
dentistry, or other health profession in a State;''.
Subsec. (b)(2) to (4). Pub. L. 101-597, 202(b)(2)(A), inserted
''and'' at end of par. (2), added par. (3), and struck out former
pars. (3) and (4) which read as follows:
''(3) submit an application to participate in the Loan Repayment
Program; and
''(4) sign and submit to the Secretary, at the time of the submission
of such application, a written contract (described in subsection (f) of
this section) to accept repayment of educational loans and to serve (in
accordance with this subpart) for the applicable period of obligated
service in a health manpower shortage area.''
Subsec. (c)(4). Pub. L. 101-597, 401(b)((a)), substituted reference
to health professional shortage area for reference to health manpower
shortage area in subpars. (B) and (C).
Pub. L. 101-597, 202(c), added par. (4).
Subsec. (d). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (2)(B).
Pub. L. 101-597, 202(d), amended subsec. (d) generally. Prior to
amendment, subsec. (d) read as follows: ''In determining which
applications under the Loan Repayment Program to approve (and which
contracts to accept), the Secretary shall give priority to applications
made by --
''(1) individuals whose training is in a health profession or
specialty determined by the Secretary to be needed by the Corps; and
''(2) individuals who are committed to service in medically
underserved areas.''
Subsec. (e). Pub. L. 101-597, 202(b)(2)(B), substituted ''only upon
the Secretary and the individual entering into a written contract
described in subsection (f) of this section.'' for ''only on the
Secretary's approval of the individual's application submitted under
subsection (b)(3) of this section and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(4) of this
section.'' in par. (1) and struck out par. (2) which read as follows:
''The Secretary shall provide written notice to an individual promptly
on --
''(A) the Secretary's approving, under paragraph (1), of the
individual's participation in the Loan Repayment Program; or
''(B) the Secretary's disapproving an individual's participation in
such Program.''
Subsec. (f)(1)(B)(ii), (iii). Pub. L. 101-597, 202(b)(1)(B),
substituted ''subsection (b)(1)(C)'' for ''subsection (b)(1)(A)''.
Subsec. (f)(1)(B)(iv). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area.
Pub. L. 101-597, 202(a)(2), inserted ''as a provider of primary
health services'' before ''in a health''.
Subsec. (f)(2). Pub. L. 101-597, 202(e), inserted before semicolon
at end '', including extensions resulting in an aggregate period of
obligated service in excess of 4 years''.
Subsec. (g)(1). Pub. L. 101-597, 202(f)(1), inserted ''regarding the
undergraduate or graduate education of the individual (or both), which
loans were made'' after ''loans received by the individual''.
Subsec. (g)(2)(A). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area in cls. (ii) and (iii).
Pub. L. 101-597, 202(f)(2)(A), substituted ''For each year'' for
''Except as provided in subparagraph (B) and paragraph (3), for each
year'' and ''$35,000'' for ''$20,000'', inserted at end ''In making a
determination of the amount to pay for a year of such service by an
individual, the Secretary shall consider the extent to which each such
determination -- '', and added immediately thereafter cls. (i) to
(iii).
Subsec. (g)(2)(B), (C). Pub. L. 101-597, 202(f)(2)(B), redesignated
subpar. (C) as (B) and struck out former subpar. (B) which read as
follows: ''For each year of obligated service that an individual
contracts under subsection (f) of this section to serve in the Indian
Health Service, or to serve in a health program or facility operated by
a tribe or tribal organization under the Indian Self-Determination Act
(25 U.S.C. 450f et seq.), the Secretary may pay up to $25,000 on behalf
of the individual for loans described in paragraph (1).''
Subsec. (g)(3). Pub. L. 101-597, 202(g)(1), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''In
addition to payments made under paragraph (2), in any case in which
payments on behalf of an individual under the Loan Repayment Program
result in an increase in Federal, State, or local income tax liability
for such individual, the Secretary may, on the request of such
individual, make payments to such individual in a reasonable amount, as
determined by the Secretary, to reimburse such individual for all or
part of the increased tax liability of the individual.''
Subsec. (i). Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area in par. (8).
Pub. L. 101-597, 202(h), amended subsec. (i) generally. Prior to
amendment, subsec. (i) read as follows: ''The Secretary shall, not
later than March 1 of each year, submit to the Congress a report
specifying --
''(1) the number, and type of health profession training, of
individuals receiving loan payments under the Loan Repayment Program;
''(2) the educational institution at which such individuals are
receiving their training;
''(3) the number of applications filed under this section in the
school year beginning in such year and in prior school years; and
''(4) the amount of loan payments made in the year reported on.''
1988 -- Subsec. (b)(1). Pub. L. 100-607 substituted ''osteopathic
medicine'' for ''osteopathy'' wherever appearing.
Section 202(g)(2) of Pub. L. 101-597 provided that: ''The amendment
made by paragraph (1) (amending this section) shall apply only with
respect to contracts under section 338B of the Public Health Service Act
(this section) (relating to service in the National Health Service
Corps) that are entered into on or after the effective date of this Act
(Nov. 16, 1990).''
Section 205 of title II of Pub. L. 100-177 provided that: ''Not
later than 180 days after the effective date of the amendments made by
this title (Dec. 21, 1987), the Secretary of Health and Human Services
shall issue regulations for the loan repayment programs established by
the amendments (enacting this section and sections 254q and 254q-1 of
this title, amending sections 242a, 254d, 254g, 254h-1, and 254o of this
title, and repealing former section 254q of this title).''
/1/ So in original. The word ''must'' probably should not appear.
/2/ So in original. Probably should be ''practitioner,''.
42 USC 254m. Obligated service under contract
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Service in full-time clinical practice
Except as provided in section 254n of this title, each individual who
has entered into a written contract with the Secretary under section
254l or 254l-1 of this title shall provide service in the full-time
clinical practice of such individual's profession as a member of the
Corps for the period of obligated service provided in such contract.
(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
(1) If an individual is required under subsection (a) of this section
to provide service as specified in section 254l(f)(1)(B)(iv) or
254l-1(f)(1)(B)(iv) of this title (hereinafter in this subsection
referred to as ''obligated service''), the Secretary shall, not later
than ninety days before the date described in paragraph (5), determine
if the individual shall provide such service --
(A) as a member of the Corps who is a commissioned officer in the
Regular or Reserve Corps of the Service or who is a civilian employee of
the United States, or
(B) as a member of the Corps who is not such an officer or employee,
and shall notify such individual of such determination.
(2) If the Secretary determines that an individual shall provide
obligated service as a member of the Corps who is a commissioned officer
in the Service or a civilian employee of the United States, the
Secretary shall, not later than sixty days before the date described in
paragraph (5), provide such individual with sufficient information
regarding the advantages and disadvantages of service as such a
commissioned officer or civilian employee to enable the individual to
make a decision on an informed basis. To be eligible to provide
obligated service as a commissioned officer in the Service, an
individual shall notify the Secretary, not later than thirty days before
the date described in paragraph (5), of the individual's desire to
provide such service as such an officer. If an individual qualifies for
an appointment as such an officer, the Secretary shall, as soon as
possible after the date described in paragraph (5), appoint the
individual as a commissioned officer of the Regular or Reserve Corps of
the Service and shall designate the individual as a member of the Corps.
(3) If an individual provided notice by the Secretary under paragraph
(2) does not qualify for appointment as a commissioned officer in the
Service, the Secretary shall, as soon as possible after the date
described in paragraph (5), appoint such individual as a civilian
employee of the United States and designate the individual as a member
of the Corps.
(4) If the Secretary determines that an individual shall provide
obligated service as a member of the Corps who is not an employee of the
United States, the Secretary shall, as soon as possible after the date
described in paragraph (5), designate such individual as a member of the
Corps to provide such service.
(5)(A) In the case of the Scholarship Program, with respect to an
individual receiving a degree from a school of medicine, osteopathic
medicine, dentistry, veterinary medicine, optometry, podiatry, or
pharmacy, the date referred to in paragraphs (1) through (4) shall be
the date on which the individual completes the training required for
such degree, except that --
(i) at the request of such an individual with whom the Secretary has
entered into a contract under section 254l of this title prior to
October 1, 1985, the Secretary shall defer such date until the end of
the period of time (not to exceed the number of years specified in
subparagraph (B) or such greater period as the Secretary, consistent
with the needs of the Corps, may authorize) required for the individual
to complete an internship, residency, or other advanced clinical
training; and
(ii) at the request of such an individual with whom the Secretary has
entered into a contract under section 254l of this title on or after
October 1, 1985, the Secretary may defer such date in accordance with
clause (i).
(B)(i) In the case of the Scholarship Program, with respect to an
individual receiving a degree from a school of medicine, osteopathic
medicine, or dentistry, the number of years referred to in subparagraph
(A)(i) shall be 3 years.
(ii) In the case of the Scholarship Program, with respect to an
individual receiving a degree from a school of veterinary medicine,
optometry, podiatry, or pharmacy, the number of years referred to in
subparagraph (A)(i) shall be 1 year.
(C) No period of internship, residency, or other advanced clinical
training shall be counted toward satisfying a period of obligated
service under this subpart.
(D) In the case of the Scholarship Program, with respect to an
individual receiving a degree from an institution other than a school
referred to in subparagraph (A), the date referred to in paragraphs (1)
through (4) shall be the date on which the individual completes the
academic training of the individual leading to such degree.
(E) In the case of the Loan Repayment Program, if an individual is
required to provide obligated service under such Program, the date
referred to in paragraphs (1) through (4) --
(i) shall be the date determined under subparagraph (A), (B), or (D)
in the case of an individual who is enrolled in the final year of a
course of study;
(ii) shall, in the case of an individual who is enrolled in an
approved graduate training program in medicine, osteopathic medicine,
dentistry, or other health profession, be the date the individual
completes such training program; and
(iii) shall, in the case of an individual who has a degree in
medicine, osteopathic medicine, dentistry, or other health profession
and who has completed graduate training, be the date the individual
enters into an agreement with the Secretary under section 254l-1 of this
title.
(c) Obligated service period; commencement
An individual shall be considered to have begun serving a period of
obligated service --
(1) on the date such individual is appointed as an officer in a
Regular or Reserve Corps of the Service or is designated as a member of
the Corps under subsection (b)(3) or (b)(4) of this section, or
(2) in the case of an individual who has entered into an agreement
with the Secretary under section 254n of this title, on the date
specified in such agreement,
whichever is earlier.
(d) Assignment of personnel
The Secretary shall assign individuals performing obligated service
in accordance with a written contract under the Scholarship Program to
health professional shortage areas in accordance with sections 254d
through 254h and sections 254j and 254k of this title. If the Secretary
determines that there is no need in a health professional shortage area
(designated under section 254e of this title) for a member of the
profession in which an individual is obligated to provide service under
a written contract and if such individual is an officer in the Service
or a civilian employee of the United States, the Secretary may detail
such individual to serve his period of obligated service as a full-time
member of such profession in such unit of the Department as the
Secretary may determine.
(e) Service under National Research Service Award program; credits
against obligated service time
Notwithstanding any other provision of this subchapter, service of an
individual under a National Research Service Award awarded under
subparagraph (A) or (B) of section 288(a)(1) /1/ of this title shall be
counted against the period of obligated service which the individual is
required to perform under the Scholarship Program or under section 234
/2/ of this title as in effect on September 30, 1977.
(July 1, 1944, ch. 373, title III, 338C, formerly title VII, 752,
as added Oct. 12, 1976, Pub. L. 94-484, title IV, 408(b)(1), 90 Stat.
2284, and amended Nov. 10, 1978, Pub. L. 95-626, title I, 113(b), 92
Stat. 3563; Sept. 29, 1979, Pub. L. 96-76, title II, 202(a), (b), 93
Stat. 582; renumbered 338B and amended Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2709(a), (c), 95 Stat. 908, 909; Jan. 4, 1983, Pub. L.
97-414, 8(g)(1), 96 Stat. 2061; renumbered 338C and amended Dec. 1,
1987, Pub. L. 100-177, title II, 201(2), title III, 306, 101 Stat.
992, 1004; Nov. 4, 1988, Pub. L. 100-607, title VI, 629(a)(2), 102
Stat. 3146; Nov. 16, 1990, Pub. L. 101-597, title IV, 401(b)((a)), 104
Stat. 3035.)
Section 234 of this title, referred to in subsec. (e), was repealed
by Pub. L. 94-484, title IV, 408(b)(1), Oct. 12, 1976, 90 Stat.
2281, effective Oct. 1, 1977.
Section was formerly classified to section 294u of this title prior
to its renumbering by Pub. L. 97-35.
Section 288(a)(1) of this title, referred to in subsec. (e), in the
original referred to section 472(a)(1), meaning section 472(a)(1) of the
Public Health Service Act, which was classified to section 289l-1(a)(1)
of this title. Title IV of the Public Health Service Act was amended
generally by section 2 of Pub. L. 99-158, Nov. 20, 1985, 99 Stat.
822, and provisions formerly contained in section 472(a)(1) were
restated in section 487(a)(1) of the Public Health Service Act, which is
classified to section 288(a)(1) of this title.
A prior section 338C of act July 1, 1944, was renumbered section 338D
by section 201(2) of Pub. L. 100-177, and is classified to section 254n
of this title.
1990 -- Subsec. (d). Pub. L. 101-597 substituted reference to health
professional shortage area for reference to health manpower shortage
area wherever appearing.
1988 -- Subsec. (b)(5). Pub. L. 100-607 substituted ''osteopathic
medicine'' for ''osteopathy'' wherever appearing.
1987 -- Subsec. (a). Pub. L. 100-177, 306(1), inserted ''or
254l-1'', and made technical amendment to reference to section 254n of
this title to reflect renumbering of corresponding section of original
act.
Subsec. (b)(1). Pub. L. 100-177, 306(2), inserted reference to
section 254l-l(f)(1)(B)(iv).
Subsec. (b)(5). Pub. L. 100-177, 306(3), substituted par. (5)
consisting of subpars. (A) to (E) for former par. (5) consisting of
subpars. (A) and (B).
Subsec. (c)(2). Pub. L. 100-177, 306(4), made technical amendment to
reference to section 254n of this title to reflect renumbering of
corresponding section of original act.
1983 -- Subsec. (e). Pub. L. 97-414 inserted ''or under section 234
of this title as in effect on September 30, 1977'' after ''Scholarship
Program''.
1981 -- Subsec. (a). Pub. L. 97-35, 2709(c)(1), substituted
''254n'' for ''294v'' and ''254l'' for ''294t''.
Subsec. (b). Pub. L. 97-35, 2709(c)(2), substituted provisions
relating to notice, information, etc., for individuals required to give
obligated service, for provisions relating to notice, information, etc.,
for individuals required to provide service under the Scholarship
Program.
Subsec. (c). Pub. L. 97-35, 2709(c)(3), (4), in par. (1) inserted
reference to designation under subsec. (b)(3) or (4) of this section,
and in par. (2) substituted ''254n'' for ''294v''.
Subsec. (d). Pub. L. 97-35, 2709(c)(5), inserted provision relating
to individuals who are officers in the Service or civilian employees of
the United States, and substituted reference to sections 254d to 254h,
254j, and 254k of this title, for reference to subpart II of part D of
subchapter II of this chapter.
Subsec. (e). Pub. L. 97-35, 2709(c)(6), substituted provisions
respecting mandatory determination of service requirement, for
provisions respecting discretionary determination of service
requirement.
1979 -- Subsec. (b)(5)(A). Pub. L. 96-76, 202(a), (b)(1), (2),
inserted provisions authorizing a greater period than three years for
individuals receiving degrees from schools of medicine, osteopathy, and
dentistry, and provisions respecting individuals receiving degrees from
schools of veterinary medicine, optometry, podiatry, and pharmacy, and
substituted ''No period'' for ''No such period''.
Subsec. (b)(5)(B). Pub. L. 96-76, 202(b)(3), substituted ''referred
to in subparagraph (A)'' for ''of medicine, osteopathy, or dentistry''.
1978 -- Subsec. (d). Pub. L. 95-626 substituted ''subpart II of part
D'' for ''subpart II of part C''.
Section 2709(h) of Pub. L. 97-35 provided that: ''The amendments
made by paragraphs (2), (3), and (5)(B) of subsection (c) (amending this
section) shall apply with respect to contracts entered into under the
National Health Service Corps scholarship program under subpart III of
part C of title VII of the Public Health Service Act (section 294r et
seq. of this title) after the date of the enactment of this Act (Aug.
13, 1981). An individual who before such date has entered into such a
contract and who has not begun the period of obligated service required
under such contract shall be given the opportunity to revise such
contract to permit the individual to serve such period as a member of
the National Health Service Corps who is not an employee of the United
States.''
Section effective Oct. 1, 1977, see section 408(b)(1) of Pub. L.
94-484, set out in part as a note under section 254l of this title.
Internship or Residency Before September 30, 1977,
Towards Service Obligation
See section 408(b)(2) of Pub. L. 94-484, set out as a note under
section 254l of this title.
Period Officer Is Obligated Under This Section
Pub. L. 100-446, title II, Sept. 27, 1988, 102 Stat. 1816, provided
that: ''the Secretary of Health and Human Services may authorize
special retention pay under paragraph (4) of 37 U.S.C. 302(a) to any
regular or reserve officer for the period during which the officer is
obligated under section 338B (now 338C) of the Public Health Service Act
(this section) and assigned and providing direct health services or
serving the officer's obligation as a specialist''.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 100-202, 101(g) (title II), Dec. 22, 1987, 101 Stat.
1329-213, 1329-246.
Pub. L. 99-500, 101(h) (title II), Oct. 18, 1986, 100 Stat.
1783-242, 1783-277, and Pub. L. 99-591, 101(h) (title II), Oct. 30,
1986, 100 Stat. 3341-242, 3341-277.
1616e.
/1/ See Codification note below.
/2/ See References in Text note below.
42 USC 254n. Private practice
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application for release of obligations; conditions
The Secretary shall, to the extent permitted by, and consistent with,
the requirements of applicable State law, release an individual from all
or part of his service obligation under section 254m(a) of this title or
under section 234 /1/ of this title (as in effect on September 30, 1977)
if the individual applies for such a release under this section and
enters into a written agreement with the Secretary under which the
individual agrees to engage for a period equal to the remaining period
of his service obligation in the full-time private clinical practice
(including service as a salaried employee in an entity directly
providing health services) of his health profession --
(1) in the case of an individual who received a scholarship under the
Scholarship Program or a loan repayment under the Loan Repayment Program
and who is performing obligated service as a member of the Corps in a
health professional shortage area on the date of his application for
such a release, in the health professional shortage area in which such
individual is serving on such date or in the case of an individual for
whom a loan payment was made under the Loan Repayment Program and who is
performing obligated service as a member of the Corps in a health
professional shortage area on the date of the application of the
individual for such a release, in the health professional shortage area
selected by the Secretary; or
(2) in the case of any other individual, in a health professional
shortage area (designated under section 254e of this title) selected by
the Secretary.
(b) Written agreement; fee rates; ability to pay; health
insurance; regulations; actions to ensure compliance
The written agreement described in subsection (a) of this section
shall --
(1) provide that during the period of private practice by an
individual pursuant to the agreement --
(A) any person who receives health services provided by the
individual in connection with such practice will be charged for such
services at the usual and customary rate prevailing in the area in which
such services are provided, except that if such person is unable to pay
such charge, such person shall be charged at a reduced rate or not
charged any fee; and
(B) the individual in providing health services in connection with
such practice (i) shall not discriminate against any person on the basis
of such person's ability to pay for such services or because payment for
the health services provided to such person will be made under the
insurance program established under part A or B of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq. and 1395j et seq.) or under
a State plan for medical assistance approved under title XIX of such Act
(42 U.S.C. 1396 et seq.), and (ii) shall agree to accept an assignment
under section 1842(b)(3)(B)(ii) of such Act (42 U.S.C.
1395u(b)(3)(B)(ii)) for all services for which payment may be made under
part B of title XVIII of such Act and enter into an appropriate
agreement with the State agency which administers the State plan for
medical assistance under title XIX of such Act to provide services to
individuals entitled to medical assistance under the plan; and
(2) contain such additional provisions as the Secretary may require
to carry out the purposes of this section.
For purposes of paragraph (1)(A), the Secretary shall by regulation
prescribe the method for determining a person's ability to pay a charge
for health services and the method of determining the amount (if any) to
be charged such person based on such ability. The Secretary shall take
such action as may be appropriate to ensure that the conditions of the
written agreement prescribed by this subsection are adhered to.
(c) Breach of service contract
If an individual breaches the contract entered into under section
254l or 254l-1 of this title by failing (for any reason) to begin his
service obligation in accordance with an agreement entered into under
subsection (a) of this section or to complete such service obligation,
the Secretary may permit such individual to perform such service
obligation as a member of the Corps.
(d) Travel expenses
The Secretary may pay an individual who has entered into an agreement
with the Secretary under subsection (a) of this section an amount to
cover all or part of the individual's expenses reasonably incurred in
transporting himself, his family, and his possessions to the location of
his private clinical practice.
(e) Sale of equipment and supplies
Upon the expiration of the written agreement under subsection (a) of
this section, the Secretary may (notwithstanding any other provision of
law) sell to the individual who has entered into an agreement with the
Secretary under subsection (a) of this section, equipment and other
property of the United States utilized by such individual in providing
health services. Sales made under this subsection shall be made at the
fair market value (as determined by the Secretary) of the equipment or
such other property, except that the Secretary may make such sales for a
lesser value to the individual if he determines that the individual is
financially unable to pay the full market value.
(f) Malpractice insurance
The Secretary may, out of appropriations authorized under section
254k of this title, pay to individuals participating in private practice
under this section the cost of such individual's malpractice insurance
and the lesser of --
(1)(A) $10,000 in the first year of obligated service;
(B) $7,500 in the second year of obligated service;
(C) $5,000 in the third year of obligated service; and
(D) $2,500 in the fourth year of obligated service; or
(2) an amount determined by subtracting such individual's net income
before taxes from the income the individual would have received as a
member of the Corps for each such year of obligated service.
(g) Technical assistance
The Secretary shall, upon request, provide to each individual
released from service obligation under this section technical assistance
to assist such individual in fulfilling his or her agreement under this
section.
(July 1, 1944, ch. 373, title III, 338D, formerly title VII, 753,
as added Oct. 12, 1976, Pub. L. 94-484, title IV, 408(b)(1), 90 Stat.
2285, and amended Dec. 17, 1980, Pub. L. 96-538, title IV, 403, 94
Stat. 3192; renumbered 338C and amended Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2709(a), (d), 95 Stat. 908, 910; renumbered 338D and
amended Dec. 1, 1987, Pub. L. 100-177, title II, 201(2), title III,
307, 101 Stat. 992, 1005; Nov. 16, 1990, Pub. L. 101-597, title IV,
401(b)((a)), 104 Stat. 3035.)
Section 234 of this title, referred to in subsec. (a), was repealed
by Pub. L. 94-484, title IV, 408(b)(1), Oct. 12, 1976, 90 Stat.
2281, effective Oct. 1, 1977.
The Social Security Act, referred to in subsec. (b)(1)(B), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts A and B of
title XVIII of the Social Security Act are classified generally to parts
A ( 1395c et seq.) and B ( 1395j et seq.) of subchapter XVIII of chapter
7 of this title. Title XIX of such Act is classified generally to
subchapter XIX ( 1396 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 1305 of this title
and Tables.
Section was formerly classified to section 294v of this title prior
to its renumbering by Pub. L. 97-35.
A prior section 338D of act July 1, 1944, was renumbered section 338E
by section 201(2) of Pub. L. 100-177, and is classified to section 254o
of this title.
1990 -- Subsec. (a)(1), (2). Pub. L. 101-597 substituted reference
to health professional shortage area for reference to health manpower
shortage area wherever appearing.
1987 -- Subsec. (a). Pub. L. 100-177, 307(1)-(3), made technical
amendment to reference to section 254m of this title to reflect
renumbering of corresponding section of original act, in introductory
provisions, in par. (1) inserted ''who received a scholarship under the
Scholarship Program or a loan repayment under the Loan Repayment Program
and'' after ''individual'' the first time it appeared as the probable
intent of Congress, and inserted ''or in the case of an individual for
whom a loan payment was made under the Loan Repayment Program and who is
performing obligated service as a member of the Corps in a health
manpower shortage area on the date of the application of the individual
for such a release, in the health manpower shortage area selected by the
Secretary'', and in par. (2) inserted ''selected by the Secretary''.
Subsec. (b). Pub. L. 100-177, 307(4), inserted at end ''The
Secretary shall take such action as may be appropriate to ensure that
the conditions of the written agreement prescribed by this subsection
are adhered to.''
Subsec. (c). Pub. L. 100-177, 307(5), inserted reference to section
254l-1.
Subsec. (e). Pub. L. 100-177, 307(b), designated par. (2) as entire
subsection and struck out par. (1) which read as follows: ''The
Secretary may make such arrangements as he determines are necessary for
the individual for the use of equipment and supplies and for the lease
or acquisition of other equipment and supplies.''
1981 -- Subsec. (a). Pub. L. 97-35, 2709(d)(1), inserted provision
respecting requirements of applicable State law, substituted references
to sections 254m(a) and 234 of this title, for reference to section
294u(a) of this title, and in cl. (2) struck out priority requirement
under section 254f(c) of this title.
Subsec. (b)(1)(B). Pub. L. 97-35, 2709(d)(2), inserted ''(i)''
before ''shall not'' and added cl. (ii).
Subsecs. (c) to (g). Pub. L. 97-35, 2709(d)(3), added subsecs. (c)
to (g).
1980 -- Subsec. (a). Pub. L. 96-538 substituted in par. (2) ''which
has'' for ''which (A) has'' and struck out subpar. (B) which referred
to a health manpower shortage area which has a sufficient financial base
to substain private practice and provide the individual with income of
not less than the income of members of the Corps, and struck out
provision following par. (2) which provided that in the case of an
individual described in par. (1), the Secretary release the individual
from his service obligation under this subsection only if the Secretary
determines that the area in which the individual is serving met the
requirements of cl. (B) of par. (2).
Section effective Oct. 1, 1977, see section 408(b)(1) of Pub. L.
94-484, set out in part as a note under section 254l of this title.
Internship or Residency Before September 30, 1977,
Towards Service Obligation
See section 408(b)(2) of Pub. L. 94-484, set out as a note under
section 254l of this title.
/1/ See References in Text note below.
42 USC 254o. Breach of scholarship contract or loan repayment contract
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Failure to maintain academic standing; dismissal from
institution; voluntary termination; liability; failure to accept
payment
(1) An individual who has entered into a written contract with the
Secretary under section 254l of this title and who --
(A) fails to maintain an acceptable level of academic standing in the
educational institution in which he is enrolled (such level determined
by the educational institution under regulations of the Secretary),
(B) is dismissed from such educational institution for disciplinary
reasons,
(C) voluntarily terminates the training in such an educational
institution for which he is provided a scholarship under such contract,
before the completion of such training, or
(D) fails to accept payment, or instructs the educational institution
in which he is enrolled not to accept payment, in whole or in part, of a
scholarship under such contract,
in lieu of any service obligation arising under such contract, shall
be liable to the United States for the amount which has been paid to
him, or on his behalf, under the contract.
(2) An individual who has entered into a written contract with the
Secretary under section 254l-1 of this title and who --
(A) in the case of an individual who is enrolled in the final year of
a course of study, fails to maintain an acceptable level of academic
standing in the educational institution in which such individual is
enrolled (such level determined by the educational institution under
regulations of the Secretary) or voluntarily terminates such enrollment
or is dismissed from such educational institution before completion of
such course of study; or
(B) in the case of an individual who is enrolled in a graduate
training program, fails to complete such training program and does not
receive a waiver from the Secretary under section 254l-1(b)(1)(B)(ii) of
this title,
in lieu of any service obligation arising under such contract shall
be liable to the United States for the amount that has been paid on
behalf of the individual under the contract.
(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
(1)(A) Except as provided in paragraph (2), if an individual breaches
his written contract by failing (for any reason not specified in
subsection (a) of this section or section 254p(d) /1/ of this title)
either to begin such individual's service obligation under section 254l
of this title in accordance with section 254m or 254n of this title or
to complete such service obligation, the United States shall be entitled
to recover from the individual an amount determined in accordance with
the formula
t^s A=3f / ---- S t
in which ''A'' is the amount the United States is entitled to
recover, ''f'' is the sum of the amounts paid under this subpart to or
on behalf of the individual and the interest on such amounts which would
be payable if at the time the amounts were paid they were loans bearing
interest at the maximum legal prevailing rate, as determined by the
Treasurer of the United States; ''t'' is the total number of months in
the individual's period of obligated service; and ''s'' is the number
of months of such period served by him in accordance with section 254m
of this title or a written agreement under section 254n of this title.
(B)(i) Any amount of damages that the United States is entitled to
recover under this subsection or under subsection (c) of this section
shall, within the 1-year period beginning on the date of the breach of
the written contract (or such longer period beginning on such date as
specified by the Secretary), be paid to the United States. Amounts not
paid within such period shall be subject to collection through
deductions in Medicare payments pursuant to section 1395ccc of this
title.
(ii) If damages described in clause (i) are delinquent for 3 months,
the Secretary shall, for the purpose of recovering such damages --
(I) utilize collection agencies contracted with by the Administrator
of the General Services Administration; or
(II) enter into contracts for the recovery of such damages with
collection agencies selected by the Secretary.
(iii) Each contract for recovering damages pursuant to this
subsection shall provide that the contractor will, not less than once
each 6 months, submit to the Secretary a status report on the success of
the contractor in collecting such damages. Section 3718 of title 31
shall apply to any such contract to the extent not inconsistent with
this subsection.
(iv) To the extent not otherwise prohibited by law, the Secretary
shall disclose to all appropriate credit reporting agencies information
relating to damages of more than $100 that are entitled to be recovered
by the United States under this subsection and that are delinquent by
more than 60 days or such longer period as is determined by the
Secretary.
(2) If an individual is released under section 254n /1/ of this title
from a service obligation under section 234 /1/ of this title (as in
effect on September 30, 1977) and if the individual does not meet the
service obligation incurred under section 254n /1/ of this title,
subsection (f) of such section 234 /1/ of this title shall apply to such
individual in lieu of paragraph (1) of this subsection.
(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
(1) If (for any reason not specified in subsection (a) of this
section or section 254p(d) /1/ of this title) an individual breaches the
written contract of the individual under section 254l-1 of this title by
failing either to begin such individual's service obligation in
accordance with section 254m or 254n of this title or to complete such
service obligation, the United States shall be entitled to recover from
the individual an amount equal to the sum of --
(A) in the case of a contract for a 2-year period of obligated
service --
(i) the total of the amounts paid by the United States under section
254l-1(g)(2) of this title on behalf of the individual for any period of
obligated service; and
(ii) an amount equal to the unserved obligation penalty;
(B) in the case of a contract for a period of obligated service of
greater than 2 years, and the breach occurs before the end of the first
2 years of such period --
(i) the total of the amounts paid by the United States under section
254l-1(g)(2) of this title on behalf of the individual for any period of
obligated service; and
(ii) an amount equal to the unserved obligation penalty; and
(C) in the case of a contract for a period of obligated service of
greater than 2 years, and the breach occurs after the first 2 years of
such period --
(i) the total of the amounts paid by the United States under section
254l-1(g)(2) of this title on behalf of the individual for any period of
obligated service not served; and
(ii) if the individual breaching the contract failed to give the
Secretary notice, that the individual intends to take action which
constitutes a breach of the contract, at least 1 year (or such shorter
period of time as the Secretary determines is adequate for finding a
replacement) prior to the breach, $10,000.
(2) For purposes of paragraph (1), the term ''unserved obligation
penalty'' means the amount equal to the product of the number of months
of obligated service that were not completed by an individual,
multiplied by $1,000, except that in any case in which the individual
fails to serve 1 year, the unserved obligation penalty shall be equal to
the full period of obligated service multiplied by $1,000.
(3) The Secretary may waive, in whole or in part, the rights of the
United States to recover amounts under this section in any case of
extreme hardship or other good cause shown, as determined by the
Secretary.
(4) Damages that the United States is entitled to recover shall be
paid in accordance with subsection (b)(1)(B) of this section.
(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
(1) Any obligation of an individual under the Scholarship Program (or
a contract thereunder) or the Loan Repayment Program (or a contract
thereunder) for service or payment of damages shall be canceled upon the
death of the individual.
(2) The Secretary shall by regulation provide for the partial or
total waiver or suspension of any obligation of service or payment by an
individual under the Scholarship Program (or a contract thereunder) or
the Loan Repayment Program (or a contract thereunder) whenever
compliance by the individual is impossible or would involve extreme
hardship to the individual and if enforcement of such obligation with
respect to any individual would be unconscionable.
(3)(A) Any obligation of an individual under the Scholarship Program
(or a contract thereunder) or the Loan Repayment Program (or a contract
thereunder) for payment of damages may be released by a discharge in
bankruptcy under title 11 only if such discharge is granted after the
expiration of the five-year period beginning on the first date that
payment of such damages is required, and only if the bankruptcy court
finds that nondischarge of the obligation would be unconscionable.
(B)(i) Subparagraph (A) shall apply to any financial obligation of an
individual under the provision of law specified in clause (ii) to the
same extent and in the same manner as such subparagraph applies to any
obligation of an individual under the Scholarship or Loan Repayment
Program (or contract thereunder) for payment of damages.
(ii) The provision of law referred to in clause (i) is subsection (f)
of section 234 /2/ of this title, as in effect prior to the repeal of
such section by section 408(b)(1) of Public Law 94-484.
(July 1, 1944, ch. 373, title III, 338E, formerly title VII, 754,
as added Oct. 12, 1976, Pub. L. 94-484, title IV, 408(b)(1), 90 Stat.
2286, and amended Aug. 1, 1977, Pub. L. 95-83, title III, 307(g), 91
Stat. 391; renumbered 338D and amended Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2709(a), (e)(1)-(4)(A), 95 Stat. 908, 911; Jan. 4, 1983,
Pub. L. 97-414, 8(g)(2), 96 Stat. 2061; renumbered 338E and amended
Dec. 1, 1987, Pub. L. 100-177, title II, 201(2), 202(e), title III,
308(a), 101 Stat. 992, 997, 1006; Dec. 22, 1987, Pub. L. 100-203,
title IV, 4052(b), 101 Stat. 1330-97; July 1, 1988, Pub. L. 100-360,
title IV, 411(f)(10)(B), 102 Stat. 780; Nov. 16, 1990, Pub. L.
101-597, title II, 203(a), 104 Stat. 3027.)
Section 254p of this title, referred to in subsecs. (b)(1)(A) and
(c)(1), was in the original a reference to section 338F of act July 1,
1944, which was renumbered section 338G by Pub. L. 101-597, title II,
204, Nov. 16, 1990, 104 Stat. 3027.
Section 234 of this title, referred to in subsecs. (b)(2) and
(d)(3)(B)(ii), was repealed by Pub. L. 94-484, title IV, 408(b)(1),
Oct. 12, 1976, 90 Stat. 2281, effective Oct. 1, 1977.
Section 254n of this title, referred to in subsec. (b)(2), in the
original referred to section 753, meaning section 753 of the Public
Health Service Act, which was classified to section 294v of this title.
Section 753 was redesignated section 338C of the Public Health Service
Act by Pub. L. 97-35, title XXVII, 2709(a), Aug. 13, 1981, 95 Stat.
908, and was transferred to section 254n of this title. Section 338C of
the Public Health Service Act was renumbered section 338D by Pub. L.
100-177, title II, 201(2), Dec. 1, 1987, 101 Stat. 992.
Section was formerly classified to section 294w of this title prior
to its renumbering by Pub. L. 97-35.
A prior section 338E of act July 1, 1944, was renumbered section 338F
by Pub. L. 100-177 and classified to section 254p of this title, and
renumbered 338G by Pub. L. 101-597.
1990 -- Subsec. (d)(3). Pub. L. 101-597 designated existing
provision as subpar. (A) and added subpar. (B).
1988 -- Subsec. (b)(1)(B)(i). Pub. L. 100-360 made technical
amendment to directory language of Pub. L. 100-203, see 1987 Amendment
note below.
1987 -- Pub. L. 100-177, 202(e)(6), inserted ''or loan repayment
contract'' in section catchline.
Subsec. (a). Pub. L. 100-177, 202(e)(1), designated existing
provisions as par. (1), and former pars. (1) to (4) as subpars. (A)
to (D), respectively, and added par. (2).
Subsec. (b)(1). Pub. L. 100-177, 202(e)(2), designated existing
provisions as subpar. (A), made technical amendments to references to
sections 254m, 254n, and 254p of this title wherever appearing to
reflect renumbering of corresponding sections of original act, inserted
''under section 254l of this title'' after first reference to ''service
obligation'' as the probable intent of Congress, struck out at end ''Any
amount of damages which the United States is entitled to recover under
this subsection shall, within the one year period beginning on the date
of the breach of the written contract (or such longer period beginning
on such date as specified by the Secretary for good cause shown), be
paid to the United States.'', and added subpar. (B).
Subsec. (b)(1)(B)(i). Pub. L. 100-203, as amended by Pub. L.
100-360, inserted at end ''Amounts not paid within such period shall be
subject to collection through deductions in Medicare payments pursuant
to section 1395ccc of this title.''
Subsec. (c). Pub. L. 100-177, 202(e)(4), added subsec. (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 100-177, 202(e)(3), (5), 308(a), redesignated
subsec. (c) as (d), in pars. (1), (2), and (3), inserted ''or the Loan
Repayment Program (or a contract thereunder'', and in par. (3) inserted
'', and only if the bankruptcy court finds that nondischarge of the
obligation would be unconscionable''.
1983 -- Subsec. (b)(1). Pub. L. 97-414 substituted ''section
254p(d)'' for ''section 254q(b)''.
1981 -- Subsec. (a). Pub. L. 97-35, 2709(e)(1), (2), redesignated
subsec. (b) as (a) and, as so redesignated, in introductory text
substituted ''254l'' for ''294t'' and added par. (4). Former subsec.
(a), which related to liability of individual upon failure to accept
payment, was struck out.
Subsec. (b). Pub. L. 97-35, 2709(e)(1), (3), redesignated subsec.
(c) as (b) and, as so redesignated, designated existing provisions as
par. (1) and made numerous changes to reflect renumbering of subpart
sections, and added par. (2). Former subsec. (b) redesignated (a).
Subsecs. (c), (d). Pub. L. 97-35, 2709(e)(1), (4)(A), redesignated
subsec. (d) as (c) and, as so redesignated, in par. (2) inserted
reference to partial or total waiver. Former subsec. (c) redesignated
(b).
1977 -- Subsec. (c). Pub. L. 95-83 substituted '''f' is the sum of
the amounts paid under this subpart to or on behalf of the individual
and the interest on such amounts which would be payable if at the time
the amounts were paid they were loans'' for '''f' is the sum of the
amount paid under this subpart to or on behalf of the individual and the
interest on such amount which would be payable if at the time it was
paid it was a loan''.
Section 203(b) of Pub. L. 101-597 provided that: ''With respect to
any financial obligation of an individual under subsection (f) of
section 225 of the Public Health Service Act (former section 234 of this
title), as in effect prior to the repeal of such section by section
408(b)(1) of Public Law 94-484, the amendment made by subsection (a) of
this section (amending this section) applies to any backruptcy (sic)
proceeding in which discharge of such an obligation has not been granted
before the date that is 31 days after the date of the enactment of this
Act (Nov. 16, 1990).''
Except as specifically provided in section 411 of Pub. L. 100-360,
amendment by Pub. L. 100-360, as it relates to a provision in the
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective
as if included in the enactment of that provision in Pub. L. 100-203,
see section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA;
Effective Date note under section 106 of Title 1, General Provisions.
Section effective Oct. 1, 1977, see section 408(b)(1) of Pub. L.
94-484, set out in part as a note under section 254l of this title.
Internship or Residency Before September 30, 1977,
Towards Service Obligation
See section 408(b)(2) of Pub. L. 94-484, set out as a note under
section 254l of this title.
Section 204 of Pub. L. 100-177 provided that:
''(a) Eligible Individuals. --
''(1) In general. -- An individual who --
''(A)(i) breached a written contract entered into under section 338A
of the Public Health Service Act (42 U.S.C. 254l) by failing either to
begin such individual's service obligation in accordance with section
338C of such Act (section 254m of this title) (as redesignated by
section 201(2) of this Act) or to complete such service obligation; or
''(ii) otherwise breached such a contract; and
''(B) as of November 1, 1987, is liable to the United States under
section 338E(b) of such Act (as redesignated by section 201(2) of this
Act) (subsec. (b) of this section),
shall be relieved of liability to the United States under such
section if the individual provides notice to the Secretary in accordance
with paragraph (2) and provides service in accordance with a written
contract with the Secretary that obligates the individual to provide
service in accordance with subsection (b) or (c). The Secretary may
exclude an individual from relief from liability under this section for
reasons related to the individual's professional competence or conduct.
''(2) Notice by Secretary. -- Not later than 90 days after the date
of the enactment of this Act (Dec. 1, 1987), the Secretary of Health and
Human Services shall notify in writing individuals who are described in
subsection (a) of the opportunity provided by such subsection to be
relieved of liability to the United States under section 338E(b) of the
Public Health Service Act (subsec. (b) of this section) (as redesignated
by section 201(2) of this Act). Notice sent to the last known address
of such individual shall constitute sufficient notice for the purposes
of this section. The Secretary may require that an individual
responding to such notice make an election between service under
subsection (b) or subsection (c) and provide that such election shall be
binding.
''(3) Notice by individual. -- Not later than 180 days after the date
of the enactment of this Act (Dec. 1, 1987), an individual who receives
a notice from the Secretary may notify the Secretary that the individual
intends to enter into a written contract with the Secretary to provide
service in accordance with subsection (b) or (c). The Secretary may
extend the 180-day period for an individual for good cause shown.
''(4) Statute of limitations. -- If an individual provides notice
under paragraph (3), the statute of limitations established by section
2415 of title 28, United States Code, shall be tolled from the time the
Secretary receives such notice until such time as it is determined by
the Secretary that such individual will not be relieved of liability to
the United States under the Public Health Service Act (section 201 et
seq. of this title) as provided under this section.
''(5) Placements. -- Any individual who enters into a contract under
this subsection shall be afforded an opportunity to locate and negotiate
a placement in accordance with this section, except that the Secretary
shall not be required to identify a placement for any individual in a
medical specialty for which the National Health Service Corps has no
need.
''(6) Partial service. -- The Secretary shall promulgate regulations
that provide for the reduction of the liability under section 338F of
the Public Health Service Act (section 254p of this title) (as
redesignated by section 201(2) of this Act) of an individual who
breaches a contract entered into under this section to reflect any
partial service or partial payment of liability of the individual under
this section.
''(b) Service at Health Manpower Shortage Area Placement Opportunity
List Sites. --
''(1) In general. -- An individual notified under subsection (a)(2)
may enter into a written contract with the Secretary to serve, in
accordance with subpart II of part D of title III of the Public Health
Service Act (42 U.S.C. 254d et seq.), for the period of such
individual's service obligation remaining under section 338C of the
Public Health Service Act (section 254m of this title) (as redesignated
by section 201(2) of this Act) at a site that --
''(A)(i) is on the Health Manpower Shortage Area Placement
Opportunity List created by the Secretary of Health and Human Services
for obligated service under section 338C of the Public Health Service
Act (as so redesignated) to begin in fiscal year 1988 and to which no
individual who is not described in subsection (a)(1) has been assigned
by a date determined by the Secretary; or
''(ii) is on the Health Manpower Shortage Area Placement Opportunity
List created by the Secretary of Health and Human Services for obligated
service under section 338C of the Public Health Service Act (as so
redesignated) to begin in fiscal year 1989; and
''(B) has agreed to permit the individual to serve at such site.
''(2) Number of sites. -- The Secretary shall to the extent
practicable, include a total number of sites on the list referred to in
paragraph (1) sufficient to provide placement to all obligors under the
Scholarship Program scheduled to begin service in fiscal year 1988 or
1989 and all individuals responding to the notice provided under
subsection (a) and electing service under paragraph (1).
''(c) Service at Supplemental Health Manpower Shortage Area Placement
Opportunity List Sites. -- An individual notified under subsection
(a)(2) may enter into a written contract with the Secretary --
''(1) to --
''(A) serve in accordance with subpart II of part D of title III of
the Public Health Service Act (42 U.S.C. 254d et seq.) for the period of
such individual's service obligation remaining under section 338C of the
Public Health Service Act (section 254m of this title) (as redesignated
by section 201(2) of this Act) at a site that is on a supplemental
Health Manpower Shortage Area Placement Opportunity List created by the
Secretary of Health and Human Services for obligated service under
section 338C of the Public Health Service Act (as so redesignated) and
that has agreed to permit the individual to serve at such site; and
''(B) pay, in accordance with guidelines established by the Secretary
of Health and Human Services, to the United States the sum of the
amounts paid under subpart II of part D of title III of such Act to or
on behalf of the individual reduced by any amount paid, before entering
into the contract, by such individual to the Secretary with respect to
the individual's indebtedness under such part D (section 254a-1 et seq.
of this title); or
''(2) to serve in accordance with such subpart II (section 254d et
seq. of this title) at a site described in paragraph (1) for 150 percent
of such individual's remaining service obligation under section 338C of
such Act (section 254m of this title) (as so redesignated).
''(d) Creation of Supplemental Health Manpower Shortage Area
Placement Opportunity List Sites. -- In creating the supplemental Health
Manpower Shortage Area Placement Opportunity List for purposes of
subsection (c), the Secretary --
''(1) shall include any site to which a National Health Service Corps
member was previously assigned but which in fiscal year 1988 or 1989
will not have such member or a member of the National Health Service
Corps to replace such member unless the Secretary of Health and Human
Services determines that such site may reasonably be expected to recruit
a health care professional from other than the Corps;
''(2) shall include any migrant health center receiving funds under
section 329 of the Public Health Service Act (42 U.S.C. 247d) (section
254b of this title) or community health center receiving funds under
section 330 of such Act (42 U.S.C. 254c) unless the Secretary of Health
and Human Services determines that such center has been able to recruit
health care professionals from other than the Corps to serve at the
center and may reasonably be expected to recruit such health care
professionals in the future;
''(3) may include any other site selected by the Secretary; and
''(4) shall designate the type of health care professional or medical
specialist who is eligible to serve at the sites included on the list.
A site may be included on the supplemental list only if, at the time
the list is created, the Secretary determines that the site meets the
criteria prescribed by section 332 of such Act (42 U.S.C. 254e).
''(e) Additional Eligible Individuals. --
''(1) In general. -- The Secretary of Health and Human Services may
authorize an individual who is not described in subsection (a) and who
is to begin to serve the individual's service obligation under section
338C of the Public Health Service Act (section 254m of this title) (as
redesignated by section 201(2) of this Act) in fiscal year 1988 or 1989
to serve such obligation in accordance with subsection (c) if the
Secretary determines that --
''(A) service by the individual in accordance with subsection (c)
would be in the best interests of the National Health Service Corps;
and
''(B) allowing such service would alleviate a substantial hardship
for such individual.
''(2) Scholarship training program. -- Individuals who have breached
a written contract entered into under section 225 of the Public Health
Service Act (42 U.S.C. 234) (as such section existed before the
amendment made by section 408(b) of the Health Professions Educational
Assistance Act of 1976 (Public Law 94-484; 90 Stat. 2281)) by failing
to complete their service obligations and who are, as of November 1,
1987, liable to the United States under section 225(f)(1) of the Public
Health Service Act (as such section so existed) may be relieved of their
liability to the United States under the terms and conditions set forth
in this section.''
Section 308(b) of Pub. L. 100-177 provided that: ''The amendment
made by subsection (a) (amending this section) applies to any bankruptcy
proceeding in which discharge of an obligation under section 338E(d)(3)
of the Public Health Service Act (subsec. (d)(3) of this section) (as
redesignated by sections 201(2) and 202(e)(3) of this Act) has not been
granted before the date that is 31 days after the date of enactment of
this Act (Dec. 1, 1987).''
/1/ See References in Text note below.
/2/ See References in Text note below.
42 USC 254o-1. Fund regarding use of amounts recovered for contract
breach to replace services lost as result of breach
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment of Fund
There is established in the Treasury of the United States a fund to
be known as the National Health Service Corps Member Replacement Fund
(hereafter in this section referred to as the ''Fund''). The Fund shall
consist of such amounts as may be appropriated under subsection (b) of
this section to the Fund. Amounts appropriated for the Fund shall
remain available until expended.
(b) Authorization of appropriations to Fund
For each fiscal year, there is authorized to be appropriated to the
Fund an amount equal to the sum of --
(1) the amount collected during the preceding fiscal year by the
Federal Government pursuant to the liability of individuals under
section 254o of this title for the breach of contracts entered into
under section 254l or 254l-1 of this title;
(2) the amount by which grants under section 254q-1 of this title
have, for such preceding fiscal year, been reduced under subsection
(g)(2)(B) of such section; and
(3) the aggregate of the amount of interest accruing during the
preceding fiscal year on obligations held in the Fund pursuant to
subsection (d) of this section and the amount of proceeds from the sale
or redemption of such obligations during such fiscal year.
(c) Use of Fund
(1) Payments to certain health facilities
Amounts in the Fund and available pursuant to appropriations Act may,
subject to paragraph (2), be expended by the Secretary to make payments
to any entity --
(A) to which a Corps member has been assigned under section 254f of
this title; and
(B) that has a need for a health professional to provide primary
health services as a result of the Corps member having breached the
contract entered into under section 254l or 254l-1 of this title by the
individual.
(2) Purpose of payments
An entity receiving payments pursuant to paragraph (1) may expend the
payments to recruit and employ a health professional to provide primary
health services to patients of the entity, or to enter into a contract
with such a professional to provide the services to the patients.
(d) Investment
(1) In general
The Secretary of the Treasury shall invest such amounts of the Fund
as such Secretary determines are not required to meet current
withdrawals from the Fund. Such investments may be made only in
interest-bearing obligations of the United States. For such purpose,
such obligations may be acquired on original issue at the issue price,
or by purchase of outstanding obligations at the market price.
(2) Sale of obligations
Any obligation acquired by the Fund may be sold by the Secretary of
the Treasury at the market price.
(July 1, 1944, ch. 373, title III, 338F, as added Nov. 16, 1990,
Pub. L. 101-597, title II, 204, 104 Stat. 3027.)
A prior section 338F of act July 1, 1944, was renumbered section 338G
by Pub. L. 101-597, and is classified to section 254p of this title.
Another prior section 338F of act July 1, 1944, which was renumbered
section 338G by section 201(2) of Pub. L. 100-177, and was classified
to former section 254q of this title, was repealed by Pub. L. 100-177,
title II, 203, Dec. 1, 1987, 101 Stat. 999.
42 USC 254p. Special loans for former Corps members to enter private
practice
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Persons entitled; conditions
The Secretary may, out of appropriations authorized under section
254k of this title, make one loan to a Corps member who has agreed in
writing --
(1) to engage in the private full-time clinical practice of the
profession of the member in a health professional shortage area
(designated under section 254e of this title) for a period of not less
than 2 years which --
(A) in the case of a Corps member who is required to complete a
period of obligated service under this subpart, begins not later than 1
year after the date on which such individual completes such period of
obligated service; and
(B) in the case of an individual who is not required to complete a
period of obligated service under this subpart, begins at such time as
the Secretary considers appropriate;
(2) to conduct such practice in accordance with section 254n(b)(1) of
this title; and
(3) to such additional conditions as the Secretary may require to
carry out this section.
Such a loan shall be used to assist such individual in meeting the
costs of beginning the practice of such individual's profession in
accordance with such agreement, including the costs of acquiring
equipment and renovating facilities for use in providing health
services, and of hiring nurses and other personnel to assist in
providing health services. Such loan may not be used for the purchase
or construction of any building.
(b) Amount of loan; maximum interest rate
(1) The amount of a loan under subsection (a) of this section to an
individual shall not exceed $25,000.
(2) The interest rate for any such loan shall not exceed an annual
rate of 5 percent.
(c) Application for loan; submission and approval; interest rates
and repayment terms
The Secretary may not make a loan under this section unless an
application therefor has been submitted to, and approved by, the
Secretary. The Secretary shall, by regulation, set interest rates and
repayment terms for loans under this section.
(d) Breach of agreement; notice; determination of liability
If the Secretary determines that an individual has breached a written
agreement entered into under subsection (a) of this section, he shall,
as soon as practicable after making such determination, notify the
individual of such determination. If within 60 days after the date of
giving such notice, such individual is not practicing his profession in
accordance with the agreement under such subsection and has not provided
assurances satisfactory to the Secretary that he will not knowingly
violate such agreement again, the United States shall be entitled to
recover from such individual --
(1) in the case of an individual who has received a grant under this
section (as in effect prior to October 1, 1984), an amount determined
under section 254o(b) of this title, except that in applying the formula
contained in such section ''f'' shall be the sum of the amount of the
grant made under subsection (a) of this section to such individual and
the interest on such amount which would be payable if at the time it was
paid it was a loan bearing interest at the maximum legal prevailing
rate, ''t'' shall be the number of months that such individual agreed to
practice his profession under such agreement, and ''s'' shall be the
number of months that such individual practices his profession in
accordance with such agreement; and
(2) in the case of an individual who has received a loan under this
section, the full amount of the principal and interest owed by such
individual under this section.
(July 1, 1944, ch. 373, title III, 338G, formerly title VII, 755,
as added Oct. 12, 1976, Pub. L. 94-484, title IV, 408(b)(1), 90 Stat.
2287, and renumbered 338E and amended Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2709(a), (f), 95 Stat. 908, 911; Jan. 4, 1983, Pub. L.
97-414, 8(g)(3), 96 Stat. 2061; renumbered 338F and amended Dec. 1,
1987, Pub. L. 100-177, title II, 201(2), title III, 309, 101 Stat.
992, 1006; renumbered 338G and amended Nov. 16, 1990, Pub. L.
101-597, title II, 204, title IV, 401(b)((a)), 104 Stat. 3027, 3035.)
Section was formerly classified to section 294x of this title prior
to its renumbering by Pub. L. 97-35.
A prior section 338G of act July 1, 1944, was renumbered section 338H
by Pub. L. 101-597, and is classified to section 254q of this title.
Another prior section 338G of act July 1, 1944, which was renumbered
section 338I by section 201(1) of Pub. L. 100-177, and was classified
to former section 254r of this title, was repealed by Pub. L. 100-713,
title I, 104(b)(1), Nov. 23, 1988, 102 Stat. 4787.
Another prior section 338G of act July 1, 1944, was classified to
former section 254q of this title and was repealed by Pub. L. 100-177,
title II, 203, Dec. 1, 1987, 101 Stat. 999.
1990 -- Subsec. (a)(1). Pub. L. 101-597, 401(b)((a)), substituted
reference to health professional shortage area for reference to health
manpower shortage area.
1987 -- Subsec. (a). Pub. L. 100-177, 309(1), substituted subsec.
(a) consisting of pars. (1) to (3) for former subsec. (a) consisting
of pars. (1) and (2).
Subsec. (b). Pub. L. 100-177, 309(1), added subsec. (b) and struck
out former subsec. (b) which read as follows: ''The amount of the
grant or loan under subsection (a) of this section to an individual
shall be --
''(1) $12,500 if the individual agrees to practice his profession in
accordance with the agreement for a period of at least one year, but
less than two years; or
''(2) $25,000 if the individual agrees to practice his profession in
accordance with the agreement for a period of at least two years.''
Subsec. (c). Pub. L. 100-177, 309(2), struck out ''grant or'' before
''loan'' in first sentence.
Subsec. (d)(1). Pub. L. 100-177, 309(3), substituted ''under this
section (as in effect prior to October 1, 1984)'' for ''under this
section'', and made technical amendment to reference to section 254o(b)
of this title to reflect renumbering of corresponding section of
original act.
1983 -- Subsec. (d)(1). Pub. L. 97-414 substituted ''section
254o(b)'' for ''section 254o(c)''.
1981 -- Subsec. (a). Pub. L. 97-35, 2709(f)(2)-(4), made numerous
changes to reflect renumbering of subpart sections, among them inserting
references to section 254k of this title and striking out references to
section 294v of this title, and added applicability to loans.
Subsec. (b). Pub. L. 97-35, 2709(f)(5), inserted applicability to
loans.
Subsec. (c). Pub. L. 97-35, 2709(f)(6), inserted provisions relating
to loans and interest rates, etc.
Subsec. (d). Pub. L. 97-35, 2709(f)(7), restructured and revised
criteria determining amount of liability of individual within 60 days
after the date of notice instead of within 120 days after the date of
notice.
Section effective Oct. 1, 1977, see section 408(b)(1) of Pub. L.
94-484, set out in part as a note under section 254l of this title.
Internship or Residency Before September 30, 1977,
Towards Service Obligation
See section 408(b)(2) of Pub. L. 94-484, set out as a note under
section 254l of this title.
42 USC 254q. Report and authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Report
The Secretary shall report on March 1 of each year to the Committee
on Labor and Human Resources of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committees on
Appropriations of the Senate and the House of Representatives on --
(1) the number of providers of health care who will be needed for the
Corps during the 5 fiscal years beginning after the date the report is
filed; and
(2) the number --
(A) of scholarships the Secretary proposes to provide under the
Scholarship Program during such 5 fiscal years;
(B) of individuals for whom the Secretary proposes to make loan
repayments under the Loan Repayment Program during such 5 fiscal years;
and
(C) of individuals who have no obligation under section 254m of this
title and who the Secretary proposes to have as members of the Corps
during such 5 fiscal years,
in order to provide such number of health care providers.
(b) Funding
(1) Authorization of appropriations
For the purpose of carrying out this subpart, there are authorized to
be appropriated $63,900,000 for fiscal year 1991, and such sums as may
be necessary for each of the fiscal years 1992 through 2000.
(2) Reservation of amounts
(A) Scholarships for new participants
Of the amounts appropriated under paragraph (1) for a fiscal year,
the Secretary shall obligate not less than 30 percent for the purpose of
providing contracts for scholarships under this subpart to individuals
who have not previously received such scholarships.
(B) Scholarships for first-year study in certain fields
With respect to certification as a nurse practitioner, nurse midwife,
or physician assistant, the Secretary shall, of the amounts appropriated
under paragraph (1) for a fiscal year, obligate not less than 10 percent
for the purpose of providing contracts for scholarships under this
subpart to individuals who are entering the first year of study in a
course of study or program described in subsection /1/ 254l(b)(1)(B) of
this title that leads to such a certification. Amounts obligated under
this subparagraph shall be in addition to amounts obligated under
subparagraph (A).
(July 1, 1944, ch. 373, title III, 338H, formerly 338G, as added
Dec. 1, 1987, Pub. L. 100-177, title II, 203, 101 Stat. 999, and
renumbered 338H and amended Nov. 16, 1990, Pub. L. 101-597, title II,
204, 205, 104 Stat. 3027, 3028.)
A prior section 254q, act July 1, 1944, ch. 373, title III, 338G,
formerly title VII, 756, as added Oct. 12, 1976, Pub. L. 94-484,
title IV, 408(b)(1), 90 Stat. 2288, and renumbered 338F and amended
Aug. 13, 1981, Pub. L. 97-35, title XXVII, 2709(a), (g), 95 Stat.
908, 912; renumbered 338G, Dec. 1, 1987, Pub. L. 100-177, title II,
201(2), 101 Stat. 992, which authorized appropriations for fiscal years
1978 to 1987, was repealed by Pub. L. 100-177, title II, 203, Dec. 1,
1987, 101 Stat. 999.
A prior section 338H of act July 1, 1944, was renumbered section 338I
by Pub. L. 101-597, and is classified to section 254q-1 of this title.
1990 -- Subsec. (a). Pub. L. 101-597, 205(a), substituted ''March
1'' for ''January 20'' and ''5 fiscal years'' for ''3 fiscal years''
wherever appearing.
Subsec. (b). Pub. L. 101-597, 205(b), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''There
are authorized to be appropriated such sums as may be necessary for
scholarships and loan repayments under this subpart.''
/1/ So in original. Probably should be ''section''.
42 USC 254q-1. Grants to States for loan repayment programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) Authority for grants
The Secretary, acting through the Administrator of the Health
Resources and Services Administration, may make grants to States for the
purpose of assisting the States in operating programs described in
paragraph (2) in order to provide for the increased availability of
primary health services in health professional shortage areas.
(2) Loan repayment programs
The programs referred to in paragraph (1) are, subject to subsection
(c) of this section, programs of entering into contracts under which the
State involved agrees to pay all or part of the principal, interest, and
related expenses of the educational loans of health professionals in
consideration of the professionals agreeing to provide primary health
services in health professional shortage areas.
(3) Direct administration by State agency
The Secretary may not make a grant under paragraph (1) unless the
State involved agrees that the program operated with the grant will be
administered directly by a State agency.
(b) Requirement of matching funds
(1) In general
The Secretary may not make a grant under subsection (a) of this
section unless the State agrees that, with respect to the costs of
making payments on behalf of individuals under contracts made pursuant
to paragraph (2) of such subsection, the State will make available
(directly or through donations from public or private entities)
non-Federal contributions in cash toward such costs in an amount equal
to not less than $1 for each $1 of Federal funds provided in the grant.
(2) Determination of amount of non-Federal contribution
In determining the amount of non-Federal contributions in cash that a
State has provided pursuant to paragraph (1), the Secretary may not
include any amounts provided to the State by the Federal Government.
(c) Coordination with Federal program
(1) Assignments for health professional shortage areas under Federal
program
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that, in carrying out the
program operated with the grant, the State will assign health
professionals participating in the program only to public and nonprofit
private entities located in and providing health services in health
professional shortage areas.
(2) Remedies for breach of contracts
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that the contracts provided by
the State pursuant to paragraph (2) of such subsection will provide
remedies for any breach of the contracts by the health professionals
involved.
(3) Limitation regarding contract inducements
(A) Except as provided in subparagraph (B), the Secretary may not
make a grant under subsection (a) of this section unless the State
involved agrees that the contracts provided by the State pursuant to
paragraph (2) of such subsection will not be provided on terms that are
more favorable to health professionals than the most favorable terms
that the Secretary is authorized to provide for contracts under the Loan
Repayment Program under section 254l-1 of this title, including terms
regarding --
(i) the annual amount of payments provided on behalf of the
professionals regarding educational loans; and
(ii) the availability of remedies for any breach of the contracts by
the health professionals involved.
(B) With respect to the limitation established in subparagraph (A)
regarding the annual amount of payments that may be provided to a health
professional under a contract provided by a State pursuant to subsection
(a)(2) of this section, such limitation shall not apply with respect to
a contract if --
(i) the excess of such annual payments above the maximum amount
authorized in section 254l-1(g)(2)(A) of this title for annual payments
regarding contracts is paid solely from non-Federal contributions under
subsection (b) of this section; and
(ii) the contract provides that the health professional involved will
satisfy the requirement of obligated service under the contract solely
through the provision of primary health services in a health
professional shortage area that is receiving priority for purposes of
section 254f-1(a)(1) of this title and that is authorized to receive
assignments under section 254f of this title of individuals who are
participating in the Scholarship Program under section 254l of this
title.
(d) Restrictions on use of funds
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that the grant will not be
expended --
(1) to conduct activities for which Federal funds are expended --
(A) within the State to provide technical or other nonfinancial
assistance under subsection (f) of section 254c of this title;
(B) under a memorandum of agreement entered into with the State under
subsection (h) of such section; or
(C) under a grant under section 254r of this title; or
(2) for any purpose other than making payments on behalf of health
professionals under contracts entered into pursuant to subsection (a)(2)
of this section.
(e) Reports
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees --
(1) to submit to the Secretary reports providing the same types of
information regarding the program operated pursuant to such subsection
as reports submitted pursuant to subsection (i) of section 254l-1 of
this title provide regarding the Loan Repayment Program under such
section; and
(2) to submit such a report not later than January 10 of each fiscal
year immediately following any fiscal year for which the State has
received such a grant.
(f) Requirement of application
The Secretary may not make a grant under subsection (a) of this
section unless an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
(g) Noncompliance
(1) In general
The Secretary may not make payments under subsection (a) of this
section to a State for any fiscal year subsequent to the first fiscal
year of such payments unless the Secretary determines that, for the
immediately preceding fiscal year, the State has complied with each of
the agreements made by the State under this section.
(2) Reduction in grant relative to number of breached contracts
(A) Before making a grant under subsection (a) of this section to a
State for a fiscal year, the Secretary shall determine the number of
contracts provided by the State under paragraph (2) of such subsection
with respect to which there has been an initial breach by the health
professionals involved during the fiscal year preceding the fiscal year
for which the State is applying to receive the grant.
(B) Subject to paragraph (3), in the case of a State with 1 or more
initial breaches for purposes of subparagraph (A), the Secretary shall
reduce the amount of a grant under subsection (a) of this section to the
State for the fiscal year involved by an amount equal to the sum of the
expenditures of Federal funds made regarding the contracts involved and
an amount representing interest on the amount of such expenditures,
determined with respect to each contract on the basis of the maximum
legal rate prevailing for loans made during the time amounts were paid
under the contract, as determined by the Treasurer of the United States.
(3) Waiver regarding reduction in grant
The Secretary may waive the requirement established in paragraph
(2)(B) with respect to the initial breach of a contract if the Secretary
determines that such breach by the health professional involved was
attributable solely to the professional having a serious illness.
(h) ''State'' defined
For purposes of this section, the term ''State'' means each of the
several States.
(i) Authorization of appropriations
(1) In general
For the purpose of making grants under subsection (a) of this
section, there is authorized to be appropriated $10,000,000 for each of
the fiscal years 1991 through 1995.
(2) Availability
Amounts appropriated under paragraph (1) shall remain available until
expended.
(July 1, 1944, ch. 373, title III, 338I, formerly 338H, as added
Dec. 1, 1987, Pub. L. 100-177, title II, 203, 101 Stat. 999, and
renumbered 338I and amended Nov. 16, 1990, Pub. L. 101-597, title II,
204, title III, 301, title IV, 401(b)((a)), 104 Stat. 3027, 3029,
3035.)
A prior section 338I of act July 1, 1944, was classified to former
section 254r of this title and was repealed by Pub. L. 100-713, title
I, 104(b)(1), Nov. 23, 1988, 102 Stat. 4787.
1990 -- Pub. L. 101-597, 401(b)((a)), substituted reference to
health professional shortage area for reference to health manpower
shortage area wherever appearing in subsecs. (a)(1), (2) and (c)(1),
(3)(B)(ii).
Pub. L. 101-597, 301, amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
grants; in subsec. (b), applications; in subsec. (c), Federal share;
and in subsec. (d), authorization of appropriations.
42 USC 254r. Grants to States for operation of offices of rural health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary, acting through the Director of the Office of Rural
Health Policy (established in section 912 of this title), may make
grants to States for the purpose of improving health care in rural areas
through the operation of State offices of rural health.
(b) Requirement of matching funds
(1) In general
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees, with respect to the costs to
be incurred by the State in carrying out the purpose described in such
subsection, to provide non-Federal contributions in cash toward such
costs in an amount equal to --
(A) for the first fiscal year of payments under the grant, not less
than $1 for each $3 of Federal funds provided in the grant;
(B) for any second fiscal year of such payments, not less than $1 for
each $1 of Federal funds provided in the grant; and
(C) for any third fiscal year of such payments, not less than $3 for
each $1 of Federal funds provided in the grant.
(2) Determination of amount of non-Federal contribution
(A) Subject to subparagraph (B), non-Federal contributions required
in paragraph (1) may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the Federal
Government, or services assisted or subsidized to any significant extent
by the Federal Government, may not be included in determining the amount
of such non-Federal contributions.
(B) The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that --
(i) for the first fiscal year of payments under the grant, 100
percent or less of the non-Federal contributions required in paragraph
(1) will be provided in the form of in-kind contributions;
(ii) for any second fiscal year of such payments, not more than 50
percent of such non-Federal contributions will be provided in the form
of in-kind contributions; and
(iii) for any third fiscal year of such payments, such non-Federal
contributions will be provided solely in the form of cash.
(c) Certain required activities
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that activities carried out by
an office operated pursuant to such subsection will include --
(1) establishing and maintaining within the State a clearinghouse for
collecting and disseminating information on --
(A) rural health care issues;
(B) research findings relating to rural health care; and
(C) innovative approaches to the delivery of health care in rural
areas;
(2) coordinating the activities carried out in the State that relate
to rural health care, including providing coordination for the purpose
of avoiding redundancy in such activities; and
(3) identifying Federal and State programs regarding rural health,
and providing technical assistance to public and nonprofit private
entities regarding participation in such programs.
(d) Requirement regarding annual budget for office
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that, for any fiscal year for
which the State receives such a grant, the office operated pursuant to
subsection (a) of this section will be provided with an annual budget of
not less than $50,000.
(e) Certain uses of funds
(1) Restrictions
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that --
(A) if research with respect to rural health is conducted pursuant to
the grant, not more than 10 percent of the grant will be expended for
such research; and
(B) the grant will not be expended --
(i) to provide health care (including providing cash payments
regarding such care);
(ii) to conduct activities for which Federal funds are expended --
(I) within the State to provide technical and other nonfinancial
assistance under subsection (f) of section 254c of this title;
(II) under a memorandum of agreement entered into with the State
under subsection (h) of such section; or
(III) under a grant under section 254q-1 of this title;
(iii) to purchase medical equipment, to purchase ambulances,
aircraft, or other vehicles, or to purchase major communications
equipment;
(iv) to purchase or improve real property; or
(v) to carry out any activity regarding a certificate of need.
(2) Authorities
Activities for which a State may expend a grant under subsection (a)
of this section include --
(A) paying the costs of establishing an office of rural health for
purposes of subsection (a) of this section;
(B) subject to paragraph (1)(B)(ii)(III), paying the costs of any
activity carried out with respect to recruiting and retaining health
professionals to serve in rural areas of the State; and
(C) providing grants and contracts to public and nonprofit private
entities to carry out activities authorized in this section.
(f) Reports
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees --
(1) to submit to the Secretary reports containing such information as
the Secretary may require regarding activities carried out under this
section by the State; and
(2) to submit such a report not later than January 10 of each fiscal
year immediately following any fiscal year for which the State has
received such a grant.
(g) Requirement of application
The Secretary may not make a grant under subsection (a) of this
section unless an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
(h) Noncompliance
The Secretary may not make payments under subsection (a) of this
section to a State for any fiscal year subsequent to the first fiscal
year of such payments unless the Secretary determines that, for the
immediately preceding fiscal year, the State has complied with each of
the agreements made by the State under this section.
(i) ''State'' defined
For purposes of this section, the term ''State'' means each of the
several States.
(j) Authorization of appropriations
(1) In general
For the purpose of making grants under subsection (a) of this
section, there are authorized to be appropriated $3,000,000 for fiscal
year 1991, $4,000,000 for fiscal year 1992, and $3,000,000 for fiscal
year 1993.
(2) Availability
Amounts appropriated under paragraph (1) shall remain available until
expended.
(k) Termination of program
No grant may be made under this section after the aggregate amounts
appropriated under subsection (j)(1) of this section are equal to
$10,000,000.
(July 1, 1944, ch. 373, title III, 338J, as added Nov. 16, 1990,
Pub. L. 101-597, title III, 302, 104 Stat. 3032.)
A prior section 254r, act July 1, 1944, ch. 373, title III, 338I,
formerly title VII, 757, as added Aug. 1, 1977, Pub. L. 95-83, title
III, 307(n)(1), 91 Stat. 392, and amended Dec. 17, 1980, Pub. L.
96-537, 3(d), 94 Stat. 3174; renumbered 338G, Aug. 13, 1981, Pub.
L. 97-35, title XXVII, 2709(a), 95 Stat. 908; Oct. 30, 1984, Pub.
L. 98-551, 3, 98 Stat. 2817; renumbered 338I, Dec. 1, 1987, Pub.
L. 100-177, title II, 201(1), 101 Stat. 992; Nov. 4, 1988, Pub. L.
100-607, title VI, 629(a)(3), 102 Stat. 3146, which related to Indian
Health Scholarships and was formerly classified to section 294y-1 of
this title prior to its renumbering by Pub. L. 97-35, was repealed by
Pub. L. 100-713, title I, 104(b)(1), Nov. 23, 1988, 102 Stat. 4787.
For provisions continuing scholarships provided on or before Nov. 23,
1988, see section 104(b)(2) of Pub. L. 100-713.
A prior section 338J of act July 1, 1944, was renumbered section 338K
by Pub. L. 101-597 and is classified to section 254s of this title.
42 USC 254s. Native Hawaiian Health Scholarships
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Eligibility
Subject to the availability of funds appropriated under the authority
of subsection (d) of this section, the Secretary shall provide funds to
Kamehameha Schools/Bishop Estate for the purpose of providing
scholarship assistance to students who --
(1) meet the requirements of section 254l(b) of this title, and
(2) are Native Hawaiians.
(b) Terms and conditions
(1) The scholarship assistance provided under subsection (a) of this
section shall be provided under the same terms and subject to the same
conditions, regulations, and rules that apply to scholarship assistance
provided under section 254l of this title.
(2) The Native Hawaiian Health Scholarship program shall not be
administered by or through the Indian Health Service.
(c) ''Native Hawaiian'' defined
For purposes of this section, the term ''Native Hawaiian'' means any
individual who is --
(1) a citizen of the United States,
(2) a resident of the State of Hawaii, and
(3) a descendant of the aboriginal people, who prior to 1778,
occupied and exercised sovereignty in the area that now constitutes the
State of Hawaii, as evidenced by --
(A) genealogical records,
(B) Kupuna (elders) or Kama'aina (long-term community residents)
verification, or
(C) birth records of the State of Hawaii.
(d) Authorization of appropriations
There are authorized to be appropriated $1,800,000 for each of the
fiscal years 1990, 1991, and 1992 for the purpose of funding the
scholarship assistance provided under subsection (a) of this section.
(July 1, 1944, ch. 373, title III, 338k, formerly 338J, as added
Nov. 23, 1988, Pub. L. 100-713, title I, 106, 102 Stat. 4787;
renumbered 338K, Nov. 16, 1990, Pub. L. 101-597, title III, 302, 104
Stat. 3032; amended Nov. 29, 1990, Pub. L. 101-644, title IV, 401, 104
Stat. 4668.)
1990 -- Subsec. (a). Pub. L. 101-644, which directed the general
amendment of subsec. (a) of section 338J of the Public Health Service
Act, was executed to subsec. (a) of this section, to reflect the
probable intent of Congress and the intervening renumbering of section
338J as 338K by Pub. L. 101-597. Prior to amendment, subsec. (a) read
as follows: ''Subject to the availability of funds appropriated under
the authority of subsection (d) of this section, the Secretary shall
provide scholarship assistance, pursuant to a contract with the
Kamehameha Schools/Bishop Estate, to students who --
''(1) meet the requirements of section 254l(b) of this title, and
''(2) are Native Hawaiians.''
42 USC 254t. Demonstration grants to States for community scholarship
programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary, acting through the Administrator of the Health
Resources and Services Administration, may make grants to States for the
purpose of carrying out demonstration programs to increase the
availability of primary health care in urban and rural health manpower
shortage areas through assisting community organizations of such areas
in educating individuals to serve as health professionals in such areas.
(b) Certain requirements for States
(1) Minimum qualifications
The Secretary may not make a grant under subsection (a) of this
section unless the State involved will, under any provision of this
chapter other than subsection (a) of this section, receive 1 or more
grants, cooperative agreements, or contracts for the fiscal year for
which the State is applying pursuant to subsection (h) of this section
to receive a grant under subsection (a) of this section.
(2) Administration of program
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that the program carried out by
the State with the grant will be administered directly by a single State
agency.
(c) Grants by States to community organizations for provision of
scholarship contracts
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees, subject to subsections (d) and
(e) of this section, to carry out the purpose described in subsection
(a) of this section only through operating a program in which the State
makes grants to community organizations located in health manpower /1/
shortage areas in order to assist the organizations with the costs of
entering into contracts under which --
(1) the community organizations agree to provide scholarships to
individuals for attendance at health professions schools; and
(2) the individuals agree to provide, in the health manpower shortage
areas in which the community organizations are located, primary health
care for --
(A) a number of years equal to the number of years for which the
scholarships are provided, or for a period of 2 years, whichever period
is greater; or
(B) such greater period of time as the individuals and the community
organizations may agree.
(d) Requirement of State and local matching funds
(1) In general
With respect to the costs of providing any scholarship pursuant to
subsection (c) of this section, the Secretary may not make a grant under
subsection (a) of this section unless the State involved agrees that --
(A) 40 percent of the costs of the scholarship will be paid from the
grant made under subsection (a) of this section to the State; and
(B) 60 percent of such costs will be paid from non-Federal
contributions made in cash by both the State and the community
organization through which the scholarship is provided, subject to --
(i) the State making available through such contributions not less
than 15 percent, nor more than 25 percent, of such costs; and
(ii) the community organization making available through such
contributions not less than 35 percent, nor more than 45 percent, of
such costs.
(2) Determination of amount of non-Federal contributions
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that, in determining the amount
of non-Federal contributions that have been provided in cash for
purposes of paragraph (1), the State will not include any amounts
provided by the Federal Government to the State or community
organization involved, or to any other entity.
(3) Use of donations
Non-Federal contributions required in paragraph (1) may be provided
directly by the State and community organization involved, and may be
provided through donations from public and private entities.
(e) Specifications regarding scholarship contract
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees that the State will make a
grant to a community organization for a contract described in subsection
(c) of this section only if --
(1) the individual who is to receive the scholarship under the
contract is a resident of the health manpower shortage area in which the
community organization is located;
(2) the individual is enrolled or accepted for enrollment as a
full-time student in a health professions school that is approved by the
Secretary for purposes of this section;
(3) the individual agrees to maintain an acceptable level of academic
standing at the school (as determined by the school in accordance with
regulations issued by the Secretary for purposes of section
254l(f)(1)(B)(iii) of this title);
(4) the individual and the community organization agree that the
scholarship provided pursuant to the contract --
(A) will be expended only for --
(i) tuition expenses, other reasonable educational expenses, and
reasonable living expenses incurred in attendance at the school; and
(ii) payment to the individual of a monthly stipend of not more than
the amount authorized for purposes of section 254l(g)(1)(B) of this
title; and
(B) will not, for any year of such attendance for which the
scholarship is provided, be in an amount exceeding the total amount
required for the year for the purposes authorized in subparagraph (A);
(5) the individual agrees to meet the educational and licensure
requirements necessary to be a physician, certified nurse practitioner,
certified nurse midwife, or physician assistant; and
(6) the individual agrees that, in providing primary health care
pursuant to the scholarship, the individual --
(A) will not, in the case of an individual seeking such care,
discriminate against the individual on the basis of the ability of the
individual to pay for such care or on the basis that payment for such
care will be made pursuant to the program established in title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) or pursuant to the
program established in title XIX of such Act (42 U.S.C. 1396 et seq.);
and
(B) will accept assignment under section 1842(b)(3)(B)(ii) of the
Social Security Act (42 U.S.C. 1395u(b)(3)(B)(ii)) for all services for
which payment may be made under part B of title XVIII of such Act (42
U.S.C. 1395j et seq.), and will enter into an appropriate agreement with
the State agency that administers the State plan for medical assistance
under title XIX of such Act to provide service to individuals entitled
to medical assistance under the plan.
(f) Reports to Secretary
The Secretary may not make a grant under subsection (a) of this
section unless the State involved agrees --
(1) for each fiscal year for which such a grant is received by the
State, to submit to the Secretary a report --
(A) identifying the community organizations providing scholarships
pursuant to subsection (c) of this section and the health manpower
shortage areas in which the organizations are located;
(B) providing the names of individuals receiving the scholarships,
the health professions in which the individuals will engage pursuant to
the scholarships, the number of years of service the individuals are
obligated to provide pursuant to the scholarships, and the extent of
compliance with the contracts under subsection (c) of this section on
the part of the individuals and the community organizations; and
(C) providing such information as the Secretary may determine to be
necessary for carrying out this section; and
(2) to submit each such report not later than January 10 of the
fiscal year immediately following the fiscal year for which the report
is prepared.
(g) Estimates regarding allocations between urban and rural areas
The Secretary may not make a grant under subsection (a) of this
section unless the State involved submits to the Secretary, as part of
the application required in subsection (h) of this section, an estimate
of the amount of the grant that will be expended regarding the provision
of primary health care in urban health manpower shortage areas of the
State, and an estimate of the amount of the grant that will be expended
regarding the provision of such care in rural health manpower shortage
areas of the State.
(h) Requirement of application
The Secretary may not make a grant under subsection (a) of this
section unless an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
(i) Noncompliance
(1) In general
The Secretary may not make payments under subsection (a) of this
section to a State for any fiscal year subsequent to the first fiscal
year of such payments unless the Secretary determines that, for the
immediately preceding fiscal year, the State has complied with each of
the agreements made by the State under this section.
(2) Reduction in grant relative to number of breached contracts
(A) Before making a grant under subsection (a) of this section to a
State for a fiscal year, the Secretary shall determine the number of
contracts provided under subsection (c) of this section with respect to
which there has been an initial breach by the community organizations or
individuals involved during the fiscal year preceding the fiscal year
for which the State is applying to receive the grant.
(B) In the case of a State with 1 or more initial breaches for
purposes of subparagraph (A), the Secretary shall reduce the amount of a
grant under subsection (a) of this section to the State for the fiscal
year involved by an amount equal to the sum of --
(i) an amount equal to the expenditures of Federal funds made
regarding the contracts involved; and
(ii) an amount representing interest on the amount of such
expenditures, determined with respect to each contract on the basis of
the maximum legal rate prevailing for loans made during the time amounts
were paid under the contract, as determined by the Treasurer of the
United States.
(C) If a State is not receiving a grant under subsection (a) of this
section for a fiscal year for which a reduction under subparagraph (B)
would have been made in the event that the State had received such a
grant, the Secretary shall reduce the amount of payments due to the
State under other grants, cooperative agreements, or contracts under
this chapter by the amount specified in such subparagraph.
(D) With respect to contracts provided under subsection (c) of this
section, the Secretary may carry out this paragraph on the basis of
information submitted by the States involved, or on the basis of
information collected through such other means as the Secretary
determines to be appropriate.
(j) Reports to Congress
(1) In general
Each fiscal year the Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives, and to the
Committee on Labor and Human Resources of the Senate, a report
summarizing information received by the Secretary under subsection (f)
of this section for the preceding fiscal year.
(2) Date for submission
With respect to a fiscal year, the report required in paragraph (1)
shall be submitted for purposes of such paragraph by not later than the
date on which the report required in section 254l(i) of this title is
required to be submitted for purposes of such section.
(k) Definitions
For purposes of this section:
(1) Community organization
The term ''community organization'' means a public or nonprofit
private entity.
(2) Primary health care
The term ''primary health care'' means health services regarding
family medicine, internal medicine, pediatrics, or obstetrics and
gynecology, that are provided by physicians, certified nurse
practitioners, certified nurse midwives, or physician assistants.
(3) State
The term ''State'' means each of the several States and the District
of Columbia.
(l) Funding
(1) Authorization of appropriations
For the purpose of making grants under subsection (a) of this
section, there are authorized to be appropriated $5,000,000 for fiscal
year 1991, $10,000,000 for fiscal year 1992, and such sums as may be
necessary for fiscal year 1993.
(2) Availability
Amounts appropriated under paragraph (1) shall remain available until
expended.
(3) Allocations for rural areas
(A) In carrying out subsection (a) of this section, the Secretary
shall, to the extent practicable, ensure that not less than 50 percent
of the amounts appropriated under paragraph (1) are, in the aggregate,
expended for making grants pursuant to subsection (c) of this section to
community organizations that are located in rural health manpower
shortage areas.
(B) Subparagraph (A) may not be construed to prohibit the Secretary
from making grants under subsection (a) of this section to States in
which no rural health manpower shortage areas are located.
(C) With respect to any fiscal year for which the Secretary is unable
to comply with subparagraph (A), the Secretary shall, not later than
April 1 of the subsequent fiscal year, submit to the Committee on Energy
and Commerce of the House of Representatives, and to the Committee on
Labor and Human Resources of the Senate, a report stating the fact of
such noncompliance and an explanation of the reasons underlying such
noncompliance.
(July 1, 1944, ch. 373, title III, 338L, as added Nov. 6, 1990, Pub.
L. 101-527, 8, 104 Stat. 2328.)
The Social Security Act, referred to in subsec. (e)(6), 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 ( 1395 et seq.)
and XIX ( 1396 et seq.), respectively, of chapter 7 of this title. Part
B of title XVIII of the Act is classified generally to part B ( 1395j et
seq.) of subchapter XVIII of chapter 7 of this title. For complete
classification of this Act to the Code, see section 1305 of this title
and Tables.
/1/ So in original. Probably should be ''professional''.
42 USC subpart iv -- home health services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1987 -- Pub. L. 100-177, title II, 202(f)(1), Dec. 1, 1987, 101
Stat. 999, substituted ''IV'' for ''III'' as subpart designation.
1983 -- Pub. L. 97-414, 6(a), Jan. 4, 1983, 96 Stat. 2057, added
heading ''Subpart III -- Home Health Services''.
1978 -- Pub. L. 95-626, title I, 105(b), title II, 207(a), Nov.
10, 1978, 92 Stat. 3560, 3585, struck out heading ''Part D -- Lepers''
and added heading ''Subpart III -- Home Health Services''.
42 USC 255. Home health services
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purpose; authorization of grants and loans; considerations;
conditions on loans; appropriations
(1) For the purpose of encouraging the establishment and initial
operation of home health programs to provide home health services in
areas in which such services are inadequate or not readily accessible,
the Secretary may, in accordance with the provisions of this section,
make grants to public and nonprofit private entities and loans to
proprietary entities to meet the initial costs of establishing and
operating such home health programs. Such grants and loans may include
funds to provide training for paraprofessionals (including homemaker
home health aides) to provide home health services.
(2) In making grants and loans under this subsection, the Secretary
shall --
(A) consider the relative needs of the several States for home health
services;
(B) give preference to areas in which a high percentage of the
population proposed to be served is composed of individuals who are
elderly, medically indigent, or disabled; and
(C) give special consideration to areas with inadequate means of
transportation to obtain necessary health services.
(3)(A) No loan may be made to a proprietary entity under this section
unless the application of such entity for such loan contains assurances
satisfactory to the Secretary that --
(i) at the time the application is made the entity is fiscally sound;
(ii) the entity is unable to secure a loan for the project for which
the application is submitted from non-Federal lenders at the rate of
interest prevailing in the area in which the entity is located; and
(iii) during the period of the loan, such entity will remain fiscally
sound.
(B) Loans under this section shall be made at an interest rate
comparable to the rate of interest prevailing on the date the loan is
made with respect to the marketable obligations of the United States of
comparable maturities, adjusted to provide for administrative costs.
(4) Applications for grants and loans under this subsection shall be
in such form and contain such information as the Secretary shall
prescribe.
(5) There are authorized to be appropriated for grants and loans
under this subsection $5,000,000 for each of the fiscal years ending on
September 30, 1983, September 30, 1984, September 30, 1985, September
30, 1986, and September 30, 1987.
(b) Grants and contracts for training programs for paraprofessionals;
considerations; applications; appropriations
(1) The Secretary may make grants to and enter into contracts with
public and private entities to assist them in developing appropriate
training programs for paraprofessionals (including homemaker home health
aides) to provide home health services.
(2) Any program established with a grant or contract under this
subsection to train homemaker home health aides shall --
(A) extend for at least forty hours, and consist of classroom
instruction and at least twenty hours (in the aggregate) of supervised
clinical instruction directed toward preparing students to deliver home
health services;
(B) be carried out under appropriate professional supervision and be
designed to train students to maintain or enhance the personal care of
an individual in his home in a manner which promotes the functional
independence of the individual; and
(C) include training in --
(i) personal care services designed to assist an individual in the
activities of daily living such as bathing, exercising, personal
grooming, and getting in and out of bed; and
(ii) household care services such as maintaining a safe living
environment, light housekeeping, and assisting in providing good
nutrition (by the purchasing and preparation of food).
(3) In making grants and entering into contracts under this
subsection, special consideration shall be given to entities which
establish or will establish programs to provide training for persons
fifty years of age and older who wish to become paraprofessionals
(including homemaker home health aides) to provide home health services.
(4) Applications for grants and contracts under this subsection shall
be in such form and contain such information as the Secretary shall
prescribe.
(5) There are authorized to be appropriated for grants and contracts
under this subsection $2,000,000 for each of the fiscal years ending
September 30, 1983, September 30, 1984, September 30, 1985, September
30, 1986, and September 30, 1987.
(c) Report to Congress with respect to grants and loans and training
of personnel
The Secretary shall report to the Committee on Labor and Human
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives on or before January 1, 1984, with respect to
--
(1) the impact of grants made and contracts entered into under
subsections (a) and (b) of this section (as such subsections were in
effect prior to October 1, 1981);
(2) the need to continue grants and loans under subsections (a) and
(b) of this section (as such subsections are in effect on the day after
January 4, 1983); and
(3) the extent to which standards have been applied to the training
of personnel who provide home health services.
(d) ''Home health services'' defined
For purposes of this section, the term ''home health services'' has
the meaning prescribed for the term by section 1395x(m) of this title.
(July 1, 1944, ch. 373, title III, 339, as added Jan. 4, 1983, Pub.
L. 97-414, 6(a), 96 Stat. 2057, and amended Oct. 30, 1984, Pub. L.
98-555, 6, 98 Stat. 2856.)
Subsections (a) and (b) of this section (as such subsections were in
effect prior to October 1, 1981), referred to in subsec. (c)(1), mean
subsections (a) and (b) of section 255 of this title prior to repeal of
section 255 by Pub. L. 97-35, title IX, 902(b), Aug. 13, 1981, 95
Stat. 559, effective Oct. 1, 1981.
A prior section 255, act July 1, 1944, ch. 373, title III, 339, as
added Nov. 10, 1978, Pub. L. 95-626, title II, 207(a), 92 Stat.
3585, which related to grant authority, etc., for home health services,
was repealed by Pub. L. 97-35, title IX, 902(b), (h), Aug. 13, 1981,
95 Stat. 559, 561, eff. Oct. 1, 1981.
Another prior section 339 of act July 1, 1944, ch. 373, title III,
formerly 331, 58 Stat. 698; June 25, 1948, ch. 654, 4, 62 Stat.
1018; June 25, 1952, ch. 460, 66 Stat. 157; July 12, 1960, Pub. L.
86-624, 29(b), 74 Stat. 419; renumbered Oct. 12, 1976, Pub. L.
94-484, title IV, 407(b)(2), 90 Stat. 2268, which related to reception
of persons suffering from leprosy in any hospital, was renumbered
section 320 of act July 1, 1944, and transferred to section 247e of this
title.
1984 -- Subsecs. (a)(5), (b)(5). Pub. L. 98-555 inserted provisions
authorizing appropriations for fiscal years ending Sept. 30, 1985,
1986, and 1987.
of Fraud; Demonstration Projects; Home Health
Services, Defined
Section 6(b)-(f) of Pub. L. 97-414 provided that:
''(b) The Secretary shall report the results of studies currently
evaluating home and community based health services, and any
recommendations for legislative action which might improve the provision
of such services, to the Congress prior to January 1, 1985.
''(c) The Secretary of Health and Human Services shall compile and
analyze the results of significant studies carried out by any public or
private entity, group, or individual, relating to current and
alternative reimbursement methodologies for home health services. The
Secretary shall make recommendations with respect to such reimbursement
methodologies as they might be applied in health care programs funded in
whole or in part by Federal funds, and report such recommendations to
the Congress within 180 days after the date of the enactment of this Act
(Jan. 4, 1983).
''(d) The Secretary of Health and Human Services, acting through the
Inspector General of the Department of Health and Human Services, shall
undertake a thorough investigation of --
''(1) the methods available to stem fraud and abuse in the provision
of home health services under medicare and medicaid; and
''(2) the extent to which such methods are applied in stemming such
fraud and abuse.
The Secretary shall report the results of the investigation to the
Congress within 18 months after the date of the enactment of this Act
(Jan. 4, 1983).
''(e)(1) The Secretary of Health and Human Services shall develop and
carry out demonstration projects commencing no later than January 1,
1984, to test --
''(A) methods for identifying patients at risk of
institutionalization who could be treated more cost-effectively with
home health services and other non-institutional health services; and
''(B) alternative reimbursement methodologies for home health
agencies in order to determine the most cost-effective and efficient way
of providing home health services.
''(2) Methods for identifying patients at risk of
institutionalization to be tested by the Secretary under paragraph
(1)(A) may include, but not be limited to, the identification of
hospitalized medicare patients who are candidates for early discharge
due to availability of home health services and individuals in the
community who could avoid institutionalization with the availability of
home health services.
''(3) Reimbursement methodologies to be tested by the Secretary under
paragraph (1)(B) may include but not be limited to fee schedules,
prospective reimbursement, and capitation payments.
''(4) The Secretary shall report to Congress his findings with regard
to the demonstrations carried out under paragraph (1) no later than
January 1, 1985.
''(f) For purposes of this section, the term 'home health services'
has the meaning prescribed for the term by section 1861(m) of the Social
Security Act (section 1395x(m) of this title).''
42 USC subpart v -- health services for the homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1987 -- Pub. L. 100-177, title II, 202(f)(1), Dec. 1, 1987, 101
Stat. 999, substituted ''V'' for ''IV'' as subpart designation.
Pub. L. 100-77, title VI, 601, 101 Stat. 511, substituted ''Health
Services for the Homeless'' for ''Research and Demonstration Projects in
Primary Care'' as subpart heading.
1978 -- Pub. L. 95-626, title I, 115(l), Nov. 10, 1978, 92 Stat.
3567, added heading ''Subpart IV -- Research and Demonstration Projects
in Primary Care''.
42 USC 256. Grant program for certain health services for the homeless
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
(1) The Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall make grants for the purpose
of enabling grantees, directly or through contracts, to provide for the
delivery of health services to homeless individuals.
(2) In carrying out the program established in paragraph (1), the
Administrator shall consult with the Director of the National Institute
on Alcohol Abuse and Alcoholism and with the Director of the National
Institute of Mental Health.
(b) Minimum qualifications of grantees
(1) Subject to paragraph (2), the Secretary may not make a grant
under subsection (a) of this section to an applicant unless --
(A) the applicant is a public or nonprofit private entity;
(B) the applicant has the capacity to effectively administer a grant
under subsection (a) of this section; and
(C) in the case of any health service that is covered in the State
plan approved under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) for the State involved --
(i) the applicant for the grant will provide the health service
directly, and the applicant has entered into a participation agreement
under the State plan and is qualified to receive payments under such
plan; or
(ii) the applicant for the grant will enter into an agreement with an
organization under which the organization will provide the health
service, and the organization has entered into such a participation
agreement and is qualified to receive such payments.
(2)(A) In the case of an organization making an agreement under
paragraph (1)(C)(ii) regarding the provision of health services under
subsection (a) of this section, the requirement established in such
paragraph regarding a participation agreement shall be waived by the
Secretary if the organization does not, in providing health care
services, impose a charge or accept reimbursement available from any
third-party payor, including reimbursement under any insurance policy or
under any Federal or State health benefits program.
(B) A determination by the Secretary of whether an organization
referred to in subparagraph (A) meets the criteria for a waiver under
such subparagraph shall be made without regard to whether the
organization accepts voluntary donations regarding the provision of
services to the public.
(c) Preferences in making grants
The Secretary shall, in making grants under subsection (a) of this
section, give preference to qualified applicants that --
(1)(A) are experienced in the direct delivery of primary health
services to homeless individuals or medically underserved populations;
or
(B) are experienced in the treatment of substance abuse in homeless
individuals or medically underserved populations; and
(2) agree to provide for health services to homeless individuals
through both public entities and private organizations.
(d) Requirement of submission of application containing certain
agreements
(1) The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant has submitted to the
Secretary an application for the grant containing agreements in
accordance with --
(A) subsection (e)(1)(A)(ii) of this section, relating to the
provision of matching funds;
(B) subsection (f) of this section, relating to the provision of
certain health services;
(C) subsection (i) of this section, relating to restrictions on the
use of funds;
(D) subsection (j) of this section, relating to a limitation on
charges for services;
(E) subsection (k) of this section, relating to the administration of
grants; and
(F) subsection (l) of this section, relating to a limitation on
administrative expenses.
(2) An application required in paragraph (1) shall, with respect to
agreements required to be contained in the application, provide
assurances of compliance satisfactory to the Secretary and shall
otherwise be in such form, be made in such manner, and contain such
information in addition to information required in paragraph (1) as the
Secretary determines to be necessary to carry out this section.
(e) Requirement of provision of matching funds
(1)(A) The Secretary may not make a grant under subsection (a) of
this section to an applicant --
(i) in an amount exceeding 75 percent of the costs of providing
health services for the first fiscal year of payments under the grant
and 66 2/3 percent of the costs of providing such services for any
subsequent fiscal year of payments under the grant; and
(ii) unless the applicant agrees that the applicant will make
available, directly or through donations to the applicant, non-Federal
contributions toward such costs in an amount equal to not less than $1
(in cash or in kind under subparagraph (B)) for each $3 of Federal funds
provided for the first fiscal year of payments under the grant and not
less than $1 (in cash or in kind under such subparagraph) for each $2 of
Federal funds provided for any subsequent fiscal year of payments under
the grant.
(B)(i) Non-Federal contributions required in subparagraph (A) may be
in cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(ii) Such determination may not include any cash or in-kind
contributions that, prior to February 26, 1987, were made available by
any public or private entity for the purpose of assisting homeless
individuals (including assistance other than the provision of health
services).
(2) The Secretary may waive the requirement established in paragraph
(1)(A) if the applicant involved is a nonprofit private entity and the
Secretary determines that it is not feasible for the applicant to comply
with such requirement.
(f) Requirement of provision of certain health services
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that the applicant
will, directly or through contract --
(1) provide health services at locations accessible to homeless
individuals;
(2) provide to homeless individuals, at all hours, emergency health
services;
(3) refer homeless individuals as appropriate to medical facilities
for necessary hospital services;
(4) refer for mental health services homeless individuals who are
mentally ill to entities that provide such services, unless the
applicant will provide such services pursuant to subsection (g) of this
section;
(5) provide outreach services to inform homeless individuals of the
availability of health services; and
(6) aid homeless individuals in establishing eligibility for
assistance, and in obtaining services, under entitlement programs.
(g) Optional provision of certain services
A grantee under subsection (a) of this section may expend amounts
received pursuant to such subsection for the purpose of providing to
homeless individuals mental health services, dental services (including
dentures), services with respect to vision, and podiatry services.
(h) Temporary continued provision of services to certain former
homeless individuals
If any grantee under subsection (a) of this section has provided
services described in subsection (f) or (g) of this section to a
homeless individual, any such grantee may, notwithstanding that the
individual is no longer homeless as a result of becoming a resident in
permanent housing, expend the grant to continue to provide such services
to the individual for not more than 12 months.
(i) Restrictions on use of grant funds
(1) The Secretary may not, except as provided in paragraph (2), make
a grant under subsection (a) of this section to an applicant unless the
applicant agrees that amounts received pursuant to such subsection will
not, directly or through contract, be expended --
(A) for any purpose other than the purposes described in subsections
(a) and (g) of this section;
(B) to provide inpatient services, except with respect to residential
treatment for substance abuse provided in settings other than hospitals;
(C) to make cash payments to intended recipients of health services
or mental health services; or
(D) to purchase or improve real property (other than minor remodeling
of existing improvements to real property) or to purchase major medical
equipment.
(2) If the Secretary finds that the purpose described in subsection
(a) of this section cannot otherwise be carried out, the Secretary may,
with respect to an otherwise qualified applicant, waive the restriction
established in paragraph (1)(D).
(j) Limitation on charges for services
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that, whether health
services are provided directly or through contract --
(1) health services under the grant will be provided without regard
to ability to pay for the health services; and
(2) if a charge is imposed for the delivery of health services, such
charge --
(A) will be made according to a schedule of charges that is made
available to the public;
(B) will not be imposed on any homeless individual with an income
less than the official poverty level; and
(C) will be adjusted to reflect the income and resources of the
homeless individual involved.
(k) Requirements with respect to administration
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant --
(1) agrees to establish such procedures for fiscal control and fund
accounting as may be necessary to ensure proper disbursement and
accounting with respect to the grant;
(2) agrees to establish an ongoing program of quality assurance with
respect to the health services provided under the grant;
(3) agrees to ensure the confidentiality of records maintained on
homeless individuals receiving health services under the grant;
(4) with respect to providing health services to any population of
homeless individuals a substantial portion of which has a limited
ability to speak the English language --
(A) has developed and has the ability to carry out a reasonable plan
to provide health services under the grant through individuals who are
able to communicate with the population involved in the language and
cultural context that is most appropriate; and
(B) has designated at least one individual, fluent in both English
and the appropriate language, to assist in carrying out the plan; and
(5) agrees to submit to the Secretary an annual report that describes
the utilization and costs of health services provided under the grant
and that provides such other information as the Secretary determines to
be appropriate.
(l) Limitation on administrative expenses of grantee
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that the applicant
will not expend more than 10 percent of amounts received pursuant to
such subsection for the purpose of administering the grant.
(m) Use of grant funds for referrals to certain advocacy systems
A grantee under subsection (a) of this section may, with respect to
title I of the Protection and Advocacy for Mentally Ill Individuals Act
of 1986 (42 U.S.C. 10801 et seq.), expend amounts received under
subsection (a) of this section for the purpose of referring homeless
individuals who are chronically mentally ill, and who are eligible under
such Act (42 U.S.C. 10801 et seq.), to systems that provide advocacy
services under such Act.
(n) Use of self-help organizations
Any grantee under subsection (a) of this section may provide health
services through contracts with nonprofit self-help organizations that
--
(1) are established and managed by current and former recipients of
mental health services, or substance abuse services, who have been
homeless individuals; and
(2) with respect to the provision of health services described in
subsection (b)(3) of this section, are organizations qualified under
subparagraph (B) of such subsection.
(o) Technical assistance
(1) The Secretary may, without charge to any grantee under subsection
(a) of this section, provide technical assistance to any such grantee
with respect to the planning, development, and operation of programs to
carry out the purpose described in such subsection. The Secretary may
provide such technical assistance directly, through contract, or through
grants.
(2) Of the amounts appropriated pursuant to subsection (q)(1) of this
section for a fiscal year, the Secretary may expend not more than
$2,000,000 for the purpose of carrying out paragraph (1).
(p) Annual reports by Secretary
Not later than January 10 of each year, the Secretary shall submit to
the Congress a report describing the utilization and costs of health
services provided under subsection (a) of this section during the
immediately preceding fiscal year.
(q) Funding
(1) There are authorized to be appropriated to carry out this section
$70,000,000 for fiscal year 1991, $80,000,000 for fiscal year 1992, and
such sums as may be necessary for each of the fiscal years 1993 and
1994.
(2) Amounts received by a grantee pursuant to subsection (a) of this
section remaining unobligated at the end of the fiscal year in which the
amounts were received shall remain available to the grantee during the
succeeding fiscal year for the purpose described in such subsection.
(r) Definitions
For purposes of this section:
(1) The term ''health services'' means primary health services and
substance abuse services.
(2) The term ''homeless individual'' means an individual who lacks
housing (without regard to whether the individual is a member of a
family), including an individual whose primary residence during the
night is a supervised public or private facility that provides temporary
living accommodations and an individual who is a resident in
transitional housing.
(3) The term ''medically underserved population'' has the meaning
given such term in section 254c(b)(3) of this title.
(4) The term ''official poverty level'' means the nonfarm income
official poverty line defined by the Office of Management and Budget and
revised annually in accordance with section 9902(2) of this title.
(5) The term ''organization'' includes individuals, corporations,
partnerships, companies, and associations.
(6) The term ''primary health services'' has the meaning given such
term in section 254c(b)(1) of this title.
(7) The term ''substance abuse'' has the meaning given such term in
section 290cc-36(4) /1/ of this title.
(8) The term ''substance abuse services'' includes detoxification and
residential treatment for substance abuse provided in settings other
than hospitals.
(s) Grants regarding outreach and primary health services for
homeless children
(1) The Secretary may make grants to entities specified in paragraph
(2) for the purpose of enabling the entities, directly or through
contracts, to carry out demonstration programs --
(A) to provide comprehensive primary health services to homeless
children and to children at imminent risk of homelessness, including
such services provided through mobile medical units;
(B) to provide referrals for the provision of appropriate health
services, social services, and education services to children receiving
services under subparagraph (A) (including referrals regarding
hospitals, the programs of sections 254b and 254c of this title, the
program of the Head Start Act (42 U.S.C. 9831 et seq.) (and other
programs providing education services), and programs regarding the
prevention and treatment of child abuse); and
(C) to provide outreach services to identify children who are
homeless and to inform the parents (or other guardians) of the children
of the availability of services from the grantees and from the entities
or programs specified in subparagraph (B).
(2) The entities referred to in paragraph (1) are --
(A) grantees under subsection (a) of this section, and other public
and nonprofit private entities (other than children's hospitals) that
provide primary health services, and substance abuse services, to a
substantial number of homeless individuals; and
(B) public and nonprofit private children's hospitals that provide
primary health services to a substantial number of such individuals.
(3)(A) The Secretary may not make a grant under paragraph (1) to a
hospital unless the hospital agrees, with respect to the costs of
providing services under such paragraph, to make available (directly or
through donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less than $1
for each $1 of Federal funds provided in the grant.
(B) Non-Federal contributions required in subparagraph (A) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(4) The Secretary may not make a grant under paragraph (1) unless the
applicant for the grant agrees that subsections (b)(3), (h), (i), and
(j) of this section will apply to the grant to the same extent and in
the same manner as such subsections apply to any grant under subsection
(a) of this section. For purposes of subsection (i)(1)(D) of this
section (including as applied to this subsection by the preceding
sentence), mobile medical units shall be considered to be major medical
equipment.
(5) The Secretary may not make a grant under paragraph (1) unless the
applicant for the grant agrees to collect such data as the Secretary
determines to be necessary for assessing the efficacy of services
provided under paragraph (1) to homeless children.
(6) The Secretary may not make a grant under paragraph (1) unless an
application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out this subsection.
(7) In making grants under paragraph (1), the Secretary shall take
into account the needs of homeless children in rural areas.
(8) For the purpose of carrying out this subsection, there is
authorized to be appropriated $5,000,000 for each of the fiscal years
1991 through 1993.
(July 1, 1944, ch. 373, title III, 340, as added July 22, 1987, Pub.
L. 100-77, title VI, 601, 101 Stat. 511, and amended Nov. 4, 1988, Pub.
L. 100-607, title VIII, 801(a), (c), 802(a), (b)(1), 803, 804, 102
Stat. 3168, 3169; Nov. 7, 1988, Pub. L. 100-628, title VI, 601(a),
(c), 602(a), (b)(1), 603, 604, 102 Stat. 3241, 3242; Aug. 16, 1989,
Pub. L. 101-93, 5(t)(1), (3), 103 Stat. 615; Nov. 29, 1990, Pub. L.
101-645, title V, 501-503, 104 Stat. 4724.)
The Social Security Act, referred to in subsec. (b)(1)(C), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the
Social Security Act is classified generally to subchapter XIX ( 1396 et
seq.) of chapter 7 of this title. For complete classification of this
Act to the Code, see section 1305 of this title and Tables.
The Protection and Advocacy for Mentally Ill Individuals Act of 1986,
referred to in subsec. (m), is Pub. L. 99-319, May 23, 1986, 100 Stat.
478, which is classified generally to chapter 114 ( 10801 et seq.) of
this title. Title I of the Protection and Advocacy for Mentally Ill
Individuals Act of 1986 is classified generally to subchapter I ( 10801
et seq.) of chapter 114 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 10801
of this title and Tables.
Section 290cc-36 of this title, referred to in subsec. (r)(7), was
omitted in the general revision of part C of subchapter III-A of this
chapter by Pub. L. 101-645, title V, 511, Nov. 29, 1990, 104 Stat.
4726. See section 290cc-34(4) of this title.
The Head Start Act, referred to in subsec. (s)(1)(B), is subchapter
B ( 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35,
Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally
to subchapter II ( 9831 et seq.) of chapter 105 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 9801 of this title and Tables.
A prior section 256, act July 1, 1944, ch. 373, title III, 340, as
added Nov. 10, 1978, Pub. L. 95-626, title I, 115(2), 92 Stat. 3567,
and amended Dec. 12, 1979, Pub. L. 96-142, title III, 301(a), 93
Stat. 1073; Aug. 13, 1981, Pub. L. 97-35, title IX, 903(b)(1), 95
Stat. 561; Jan. 4, 1983, Pub. L. 97-414, 8(h), 96 Stat. 2061, which
related to primary care research and demonstration projects to serve
medically underserved population, was repealed by Pub. L. 97-35, title
IX, 903(c), Aug. 13, 1981, 95 Stat. 561, eff. Oct. 1, 1982.
Another prior section 256, act July 1, 1944, ch. 373, title III,
340, formerly 332, 58 Stat. 698, renumbered Oct. 12, 1976, Pub. L.
94-484, title IV, 407(b)(2), 90 Stat. 2268, which related to
apprehension, detention, treatment, and release of persons being treated
for leprosy, was repealed by Pub. L. 95-626, title I, 105(b), Nov.
10, 1978, 92 Stat. 3560. See section 247e(b) of this title.
1990 -- Subsec. (b). Pub. L. 101-645, 501, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''The
Secretary may not make a grant under subsection (a) of this section to
an applicant unless --
''(1) the applicant is a public or nonprofit private entity;
''(2) the applicant has the capacity to effectively administer a
grant under subsection (a) of this section; and
''(3) with respect to health services that are covered in the
appropriate State plan approved under title XIX of the Social Security
Act --
''(A) if the applicant will provide under the grant any such health
services directly --
''(i) the applicant has entered into a participation agreement under
the appropriate State plan; and
''(ii) the applicant is qualified to receive payments under the
appropriate State plan; and
''(B) if the applicant will provide under the grant any such health
services through a contract with an organization --
''(i) the organization has entered into a participation agreement
under the appropriate State plan; and
''(ii) the organization is qualified to receive payments under the
appropriate State plan.''
Subsec. (q)(1). Pub. L. 101-645, 502, substituted ''$70,000,000 for
fiscal year 1991, $80,000,000 for fiscal year 1992, and such sums as may
be necessary for each of the fiscal years 1993 and 1994'' for
''$61,200,000 for fiscal year 1989, $63,600,000 for fiscal year 1990,
and $66,200,000 for fiscal year 1991''.
Subsec. (s). Pub. L. 101-645, 503, added subsec. (s).
1989 -- Subsecs. (d)(1), (e)(1)(A), (2). Pub. L. 101-93, 5(t)(1),
directed that subsecs. (d)(1), (e)(1)(A), (2) of this section as
similarly amended by title VIII of Pub. L. 100-607 and title VI of Pub.
L. 100-628 be amended to read as if the amendments made by title VI of
Pub. L. 100-628 had not been enacted. See 1988 Amendment notes below.
Subsec. (g). Pub. L. 101-93, 5(t)(3), substituted ''certain'' for
''mental health'' in heading, and in text substituted ''providing to
homeless individuals mental health services, dental services (including
dentures), services with respect to vision, and podiatry services'' for
''providing mental health services to homeless individuals''.
Subsecs. (h) to (r). Pub. L. 101-93, 5(t)(1), directed that
subsecs. (h) to (r) of this section as similarly amended by title VIII
of Pub. L. 100-607 and title VI of Pub. L. 100-628 be amended to read
as if the amendments made by title VI of Pub. L. 100-628 had not been
enacted. See 1988 Amendment notes below.
1988 -- Subsec. (d)(1). Pub. L. 100-607, 802(b)(1), and Pub. L.
100-628, 602(b)(1), made identical amendments, substituting
''subsection (i)'' for ''subsection (h)'' in subpar. (C), ''subsection
(j)'' for ''subsection (i)'' in subpar. (D), ''subsection (k)'' for
''subsection (j)'' in subpar. (E), and ''subsection (l)'' for
''subsection (k)'' in subpar. (F).
Subsec. (e)(1)(A)(i). Pub. L. 100-607, 801(a)(1), and Pub. L.
100-628, 601(a)(1), made identical amendments, substituting ''for the
first fiscal year of payments under the grant and 66 2/3 percent of the
costs of providing such services for any subsequent fiscal year of
payments under the grant; and'' for ''under the grant; and''.
Subsec. (e)(1)(A)(ii). Pub. L. 100-607, 801(a)(2), and Pub. L.
100-628, 601(a)(2), made identical amendments, substituting ''Federal
funds provided for the first fiscal year of payments under the grant and
not less than $1 (in cash or in kind under such subparagraph) for each
$2 of Federal funds provided for any subsequent fiscal year of payments
under the grant'' for ''Federal funds provided in such grant''.
Subsec. (e)(2). Pub. L. 100-607, 801(c), and Pub. L. 100-628,
601(c), made identical amendments, amending par. (2) generally. Prior
to amendment, par. (2) read as follows: ''The Secretary may waive the
requirement established in paragraph (1)(A) if --
''(A) the applicant involved is a nonprofit private grantee under
section 254c of this title; and
''(B) the Secretary determines that it is not feasible for the
applicant to comply with such requirement.''
Subsec. (h). Pub. L. 100-607, 802(a)(2), and Pub. L. 100-628,
602(a)(2), made identical amendments, adding subsec. (h). Former
subsec. (h) redesignated (i).
Subsecs. (i) to (n). Pub. L. 100-607, 802(a)(1), and Pub. L.
100-628, 602(a)(1), made identical amendments, redesignating subsecs.
(h) to (m) as (i) to (n), respectively. Former subsec. (n)
redesignated (o).
Subsec. (o). Pub. L. 100-607, 802(a)(1), and Pub. L. 100-628,
602(a)(1), made identical amendments, redesignating subsec. (n) as (o).
Former subsec. (o) redesignated (p).
Subsec. (o)(2). Pub. L. 100-607, 803(b), and Pub. L. 100-628,
603(b), made identical amendments, substituting ''subsection (q)(1) of
this section for a fiscal year,'' for ''subsection (p)(1) of this
section,''.
Subsec. (p). Pub. L. 100-607, 802(a)(1), and Pub. L. 100-628,
602(a)(1), made identical amendments, redesignating subsec. (o) as (p).
Former subsec. (p) redesignated (q).
Subsec. (q). Pub. L. 100-607, 802(a)(1), and Pub. L. 100-628,
602(a)(1), made identical amendments, redesignating subsec. (p) as (q).
Former subsec. (q) redesignated (r).
Subsec. (q)(1). Pub. L. 100-607, 804, and Pub. L. 100-628, 604,
made identical amendments, substituting ''There are authorized to be
appropriated to carry out this section $61,200,000 for fiscal year 1989,
$63,600,000 for fiscal year 1990, and $66,200,000 for fiscal year 1991''
for ''There are authorized to be appropriated to carry out this section
$50,000,000 for fiscal year 1987 and $30,000,000 for fiscal year 1988''.
Subsec. (r). Pub. L. 100-607, 802(a)(1), and Pub. L. 100-628,
602(a)(1), made identical amendments, redesignating subsec. (q) as (r).
Subsec. (r)(2). Pub. L. 100-607, 803, and Pub. L. 100-628, 603,
made identical amendments, inserting ''and an individual who is a
resident in transitional housing''.
Section 601(b) of Pub. L. 100-628 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect October
1, 1989.''
Section 631 of title VI of Pub. L. 100-628 provided that: ''The
amendments made by subsection (a) of section 601 (amending this section)
shall take effect in accordance with subsection (b) of such section (set
out above). The amendments otherwise made by this title (amending this
section and sections 254e, 290bb-2, 290cc-21, 290cc-28, 290cc-29,
290cc-35, 290cc-36, 290dd, 290ee, and 290ee-1 of this title and amending
provisions set out as a note under section 290aa-3 of this title) shall
take effect October 1, 1988, or upon the date of the enactment of this
Act (Nov. 7, 1988), whichever occurs later.''
Section 801(b) of Pub. L. 100-607 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect October
1, 1989.''
Section 831 of title VIII of Pub. L. 100-607 provided that: ''The
amendments made by subsection (a) of section 801 (amending this section)
shall take effect in accordance with subsection (b) of such section (set
out above). The amendments otherwise made by this title (amending this
section and sections 254e, 290bb-2, 290cc-21, 290cc-28, 290cc-29,
290cc-35, 290cc-36, 290dd, 290ee, and 290ee-1 of this title and amending
provisions set out as a note under section 290aa-3 of this title) shall
take effect October 1, 1988, or upon the date of the enactment of this
Act (Nov. 4, 1988), whichever occurs later.''
/1/ See References in Text note below.
42 USC subpart vi -- health services for residents of public housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 256a. Health services for residents of public housing
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
(1) The Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall make grants for the purpose
of enabling grantees, directly or through contracts, to provide to
residents of public housing, subject to subsections (e) and (f) of this
section --
(A) primary health services, including health screenings; and
(B) health counseling and education services.
(2) The Secretary may not make a grant under paragraph (1) unless the
applicant for the grant agrees to expend the grant to carry out each of
subparagraphs (A) and (B) of such paragraph.
(3) In carrying out the program established in paragraph (1), the
Administrator shall consult with the Director of the Centers for Disease
Control.
(b) Minimum qualifications of grantees
(1) Subject to paragraph (2), the Secretary may not make a grant
under subsection (a) of this section to an applicant unless --
(A) the applicant is a public or nonprofit private entity;
(B) the applicant has the capacity to effectively administer a grant
under subsection (a) of this section; and
(C) in the case of any service under this section that is available
pursuant to the State plan approved under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) for the State in which the service
will be provided --
(i) the applicant for the grant will provide the service directly,
and the applicant has entered into a participation agreement under the
State plan and is qualified to receive payments under such plan; or
(ii) the applicant for the grant will enter into an agreement with a
public or nonprofit private organization under which the organization
will provide the service, and the organization has entered into such a
participation agreement and is qualified to receive such payments.
(2)(A) In the case of an organization making an agreement pursuant to
paragraph (1)(C)(ii) regarding the provision of services under
subsection (a) of this section, the requirement established in such
paragraph regarding a participation agreement shall be waived by the
Secretary if the organization does not, in providing services, impose a
charge or accept reimbursement available from any third-party payor,
including reimbursement under any insurance policy or under any Federal
or State health benefits program.
(B) A determination by the Secretary of whether an organization
referred to in subparagraph (A) meets the criteria for a waiver under
such subparagraph shall be made without regard to whether the
organization accepts voluntary donations regarding the provision of
services to the public.
(c) Preferences in making grants
The Secretary shall, in making grants under subsection (a) of this
section, give preference to qualified applicants that --
(1) are resident management corporations under section 1437r of this
title; or
(2) are receiving funds under section 254c or 256 of this title.
(d) Requirement of matching funds from public grantees
(1) In the case of a public entity applying for a grant under
subsection (a) of this section, the Secretary may not make such a grant
unless the public entity agrees that, with respect to the costs to be
incurred by such entity in carrying out the purpose described in such
subsection, the entity will make available non-Federal contributions in
cash toward such costs in an amount equal to not less than $1 for each
$1 of Federal funds provided in the grant.
(2) In determining the amount of non-Federal contributions in cash
that a public entity has provided pursuant to paragraph (1), the
Secretary may not include any amounts provided to the public entity by
the Federal Government.
(e) Requirements regarding services
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that the applicant
will, directly or through contract --
(1) provide services under this section on the premises of public
housing projects or at other locations immediately accessible to
residents of public housing;
(2) refer such residents, as appropriate, to qualified facilities and
practitioners for necessary follow-up services;
(3) provide outreach services to inform such residents of the
availability of such services; and
(4) aid such residents in establishing eligibility for assistance,
and in obtaining services, under Federal, State, and local programs
providing health services, mental health services, or social services.
(f) Optional provision of certain services
(1) A grantee under subsection (a) of this section may expend the
grant --
(A) to train residents of public housing to provide health screenings
and to provide educational services; and
(B) to provide health services to individuals who are not residents
of public housing.
(2) The Secretary may not make a grant under subsection (a) of this
section unless the applicant for the grant agrees that if, pursuant to
paragraph (1)(B), the applicant provides health services to individuals
who are not residents of public housing, the health services will be
provided to such individuals under the same terms and conditions as such
services are provided to residents of public housing (including all
terms and conditions in effect pursuant to this section).
(g) Consultation with residents
The Secretary may not make a grant under subsection (a) of this
section unless, with respect to the residents of the public housing
involved, the applicant for the grant --
(1) has consulted with the residents in the preparation of the
application for the grant; and
(2) agrees to provide for ongoing consultation with the residents
regarding the planning and administration of the program carried out
with the grant.
(h) Restrictions on use of grant funds
(1) The Secretary may not, except as provided in paragraph (2), make
a grant under subsection (a) of this section to an applicant unless the
applicant agrees that amounts received pursuant to such subsection will
not, directly or through contract, be expended --
(A) for any purpose other than the purposes authorized in this
section;
(B) to provide inpatient services;
(C) to make cash payments to intended recipients of services under
this section; or
(D) to purchase or improve real property (other than minor remodeling
of existing improvements to real property) or to purchase major medical
equipment or motor vehicles.
(2) If the Secretary finds that the purpose described in subsection
(a) of this section cannot otherwise be carried out, the Secretary may,
with respect to an otherwise qualified applicant, waive the restriction
established in paragraph (1)(D).
(i) Limitation on charges for services
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that, whether the
services are provided directly or through contract --
(1) services under the grant will be provided without regard to
ability to pay for the services; and
(2) if a charge is imposed for the delivery of the services, such
charge --
(A) will be made according to a schedule of charges that is made
available to the public;
(B) will not be imposed on any resident of public housing with an
income less than the official poverty level; and
(C) will be adjusted to reflect the income and resources of the
resident of public housing involved.
(j) Requirements regarding administration
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant --
(1) agrees to establish such procedures for fiscal control and fund
accounting as may be necessary to ensure proper disbursement and
accounting with respect to the grant;
(2) agrees to establish an ongoing program of quality assurance with
respect to the services provided under the grant;
(3) agrees to ensure the confidentiality of records maintained on
residents of public housing that are receiving such services;
(4) with respect to providing services to any population of such
residents a substantial portion of which has a limited ability to speak
the English language --
(A) has developed and has the ability to carry out a reasonable plan
to provide services under the grant through individuals who are able to
communicate with the population involved in the language and cultural
context that is most appropriate; and
(B) has designated at least one individual, fluent in both English
and the appropriate language, to assist in carrying out the plan; and
(5) agrees to submit to the Secretary an annual report that describes
the utilization and costs of services provided under the grant and that
provides such other information as the Secretary determines to be
appropriate.
(k) Limitation on administrative expenses of grantee
The Secretary may not make a grant under subsection (a) of this
section to an applicant unless the applicant agrees that the applicant
will not expend more than 10 percent of amounts received pursuant to
such subsection for the purpose of administering the grant.
(l) Requirement of application
The Secretary may not provide financial assistance under subsection
(a) of this section unless --
(1) an application for the assistance is submitted to the Secretary;
(2) with respect to carrying out the purpose for which the assistance
is to be provided, the application provides assurances of compliance
satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
(m) Technical assistance
(1) The Secretary may provide technical assistance to applicants and
grantees under subsection (a) of this section regarding the planning,
development, and operation of programs to carry out the purpose
described in such subsection. The Secretary may provide such technical
assistance directly, through contracts, or through grants.
(2) Any technical assistance provided by the Secretary under
paragraph (1) shall be provided without charge to applicants and
grantees under subsection (a) of this section.
(3) Of the amounts appropriated pursuant to subsection (p)(1) of this
section for a fiscal year, the Secretary may expend not more than
$2,000,000 for the purpose of carrying out paragraph (1).
(n) Annual reports by Secretary
Not later than January 10 of each year, the Secretary shall submit to
the Congress a report describing the utilization and costs of services
provided under this section during the immediately preceding fiscal
year.
(o) Definitions
For purposes of this section:
(1) The term ''official poverty level'' means the nonfarm income
official poverty line defined by the Office of Management and Budget and
revised annually in accordance with section 9902(2) of this title.
(2) The term ''organization'' includes individuals, corporations,
partnerships, companies, and associations.
(3) The term ''primary health services'' has the meaning given such
term in section 254c(b)(1) of this title.
(4) The term ''public housing'' has the meaning given such term in
section 1437a(b)(1) of this title.
(p) Funding
(1) For the purpose of carrying out this section, there are
authorized to be appropriated $35,000,000 for fiscal year 1991, and such
sums as may be necessary for each of the fiscal years 1992 and 1993.
(2) Amounts received by a grantee pursuant to subsection (a) of this
section remaining unobligated at the end of the fiscal year in which the
amounts were received shall remain available to the grantee during the
succeeding fiscal year for the purpose described in such subsection.
(July 1, 1944, ch. 373, title III, 340A, as added Nov. 6, 1990, Pub.
L. 101-527, 3, 104 Stat. 2314.)
The Social Security Act, referred to in subsec. (b)(1)(C), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the
Act is classified generally to subchapter XIX ( 1396 et seq.) of chapter
7 of this title. For complete classification of this Act to the Code,
see section 1305 of this title and Tables.
A prior section 256a, act July 1, 1944, ch. 373, title III, 340A,
as added Nov. 10, 1978, Pub. L. 95-626, title I, 106(a), 92 Stat.
3560, which related to technical assistance demonstration grants and
contracts, was repealed by Pub. L. 100-77, title VI, 601, July 22,
1987, 101 Stat. 511.
42 USC Part E -- Narcotic Addicts and Other Drug Abusers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1970 -- Pub. L. 91-513, title I, 2(a)(6), Oct. 27, 1970, 84 Stat.
1240, inserted reference to Other Drug Abusers in part heading.
42 USC 257. Care and treatment of narcotic addicts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Surgeon General authorized to provide programs
The Surgeon General is authorized to provide for the confinement,
care, protection, treatment, and discipline of persons addicted to the
use of habit-forming narcotic drugs who are civilly committed to
treatment under the Narcotic Addict Rehabilitation Act of 1966, addicts
and other persons with drug abuse and drug dependence problems who
voluntarily submit themselves for treatment, and addicts convicted of
offenses against the United States, including persons convicted by
general courts-martial and consular courts. Such care and treatment
shall be provided at hospitals of the Service especially equipped for
the accommodation of such patients or elsewhere where authorized under
other provisions of law, and shall be designed to rehabilitate such
persons, to restore them to health, and, where necessary, to train them
to be self-supporting and self-reliant; but nothing in this section or
in this part shall be construed to limit the authority of the Surgeon
General under other provisions of law to provide for the conditional
release of patients and for aftercare under supervision. In carrying
out this subsection, the Secretary shall establish in each hospital and
other appropriate medical facility of the Service a treatment and
rehabilitation program for drug addicts and other persons with drug
abuse and drug dependence problems who are in the area served by such
hospital or other facility; except that the requirement of this
sentence shall not apply in the case of any such hospital or other
facility with respect to which the Secretary determines that there is
not sufficient need for such a program in such hospital or other
facility.
(b) Furnishing of information relating to persons voluntarily
undergoing care to Mayor of District of Columbia
Upon the admittance to, and departure from, a hospital of the Service
of a person who voluntarily submitted himself for treatment pursuant to
the provisions of this section, and who at the time of his admittance to
such hospital was a resident of the District of Columbia, the Surgeon
General shall furnish to the Mayor of the District of Columbia or his
designated agent, the name, address, and such other pertinent
information as may be useful in the rehabilitation to society of such
person.
(c) Agreements with other departments and agencies
The Secretary may enter into agreements with the Secretary of
Veterans Affairs, the Secretary of Defense, and the head of any other
department or agency of the Government under which agreements hospitals
and other appropriate medical facilities of the Service may be used in
treatment and rehabilitation programs provided by such department or
agency for drug addicts and other persons with drug abuse and other drug
dependence problems who are in areas served by such hospitals or other
facilities.
(July 1, 1944, ch. 373, title III, 341, 58 Stat. 698; May 8, 1954,
ch. 195, 3, 68 Stat. 80; July 24, 1956, ch. 676, title III, 302(a),
70 Stat. 622; Nov. 8, 1966, Pub. L. 89-793, title VI, 601, 80 Stat.
1449; 1967 Reorg. Plan No. 3, 401, eff. Nov. 3, 1967 (in part), 32
F.R. 11669, 81 Stat. 951; Oct. 27, 1970, Pub. L. 91-513, title I,
2(a)(1), 84 Stat. 1240; Mar. 21, 1972, Pub. L. 92-255, title IV, 402,
86 Stat. 77; Dec. 24, 1973, Pub. L. 93-198, title IV, 421, 87 Stat.
789; Oct. 12, 1984, Pub. L. 98-473, title II, 232(a), 98 Stat. 2031;
Nov. 10, 1986, Pub. L. 99-646, 22(a), 100 Stat. 3597; June 13, 1991,
Pub. L. 102-54, 13(q)(1)(B)(i), 105 Stat. 278.)
The Narcotic Addict Rehabilitation Act of 1966, referred to in
subsec. (a), is Pub. L. 89-793, titles I to IV, Nov. 8, 1966, 80
Stat. 1438, as amended. Title I of the Act is classified generally to
chapter 175 ( 2901 et seq.) of Title 28, Judiciary and Judicial
Procedure. Title II of the Act is classified generally to chapter 314 (
4251 et seq.) of Title 18, Crimes and Criminal Procedure. Title III of
the Act is classified generally to subchapter II ( 3411 et seq.) of
chapter 42 of this title. Title IV of the Act is classified generally
to subchapter III ( 3441 et seq.) of chapter 42 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3401 of this title and Tables.
Section is also set out in D.C. Code, 24-613.
1991 -- Subsec. (c). Pub. L. 102-54 substituted ''Secretary of
Veterans Affairs'' for ''Administrator of Veterans' Affairs''.
1986 -- Subsec. (a). Pub. L. 99-646 struck out ''and who are not
sentenced to treatment under the Narcotic Addict Rehabilitation Act of
1966'' before '', including persons convicted''.
1984 -- Subsec. (a). Pub. L. 98-473 struck out ''or convicted of
offenses against the United States and sentenced to treatment'' after
''committed to treatment'' and directed striking out of ''addicts who
are committed to the custody of the Attorney General pursuant to
provisions of the Federal Youth Corrections Act (18 U.S.C. 5005 et
seq.),'', which amendment was executed by striking out ''addicts who are
committed to the custody of the Attorney General pursuant to the
provisions of the Federal Youth Corrections Act (18 U.S.C. 5005 et
seq.),'' after ''Narcotic Addict Rehabilitation Act of 1966,''.
1972 -- Subsec. (a). Pub. L. 92-255, 402(a), required establishment
in hospitals and other appropriate medical facilities of treatment and
rehabilitation programs for drug addicts and other persons with drug
abuse and drug dependence problems where sufficient need for such
programs exists.
Subsec. (c). Pub. L. 92-255, 402(b), added subsec. (c).
1970 -- Subsec. (a). Pub. L. 91-513 inserted provision for voluntary
submission for treatment of persons with drug abuse and drug dependence
problems.
1966 -- Subsec. (a). Pub. L. 89-793 designated existing first and
second sentences as subsec. (a), substituted care and treatment
provisions for persons who are civilly committed to treatment or
convicted of Federal offenses and sentenced to treatment under the
Narcotic Addict Rehabilitation Act of 1966, addicts who are committed to
custody of Attorney General pursuant to provisions of Federal Youth
Corrections Act, and addicts convicted of Federal offenses and who are
not sentenced to treatment under such Act of 1966 for prior care and
treatment provisions for addicts who have been or are hereafter
convicted of Federal offenses, deleted language for care and treatment
for addicts who are committed to the Service or to a hospital thereof
pursuant to section 260a of this title, and provided for care and
treatment at places other than hospitals of the Service where authorized
by other provisions of law and for conditional release of patients and
aftercare under supervision.
Subsec. (b). Pub. L. 89-793 designated existing third sentence as
subsec. (b).
1956 -- Act July 24, 1956, required the Surgeon General to furnish to
the Commissioners or their designated agent, the name, address, and any
other useful information relating to persons who voluntarily submit
themselves for treatment and who, at the time of submission, are
residents of the District of Columbia.
1954 -- Act May 8, 1954, inserted in first sentence reference to
addicts who are committed to the Service or to a hospital thereof
pursuant to section 260a of this title.
Section 22(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date
the amendments made by section 232(a) of the Comprehensive Crime Control
Act of 1984 (Pub. L. 98-473) take effect (Nov. 1, 1987, see Effective
Date note set out under section 3551 of Title 18, Crimes and Criminal
Procedure).''
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of Title 18, Crimes and Criminal Procedure.
Except as otherwise provided in Reorg. Plan No. 3 of 1967,
functions of Board of Commissioners of District of Columbia transferred
to Commissioner of District of Columbia by section 401 of Reorg. Plan
No. 3 of 1967. Office of Commissioner of District of Columbia, as
established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.
2, 1975, by Pub. L. 93-198, title VII, 711, Dec. 24, 1973, 87 Stat.
818, and replaced by office of Mayor of District of Columbia by section
421 of Pub. L. 93-198, classified to section 1-241 of District of
Columbia Code. Accordingly, ''Mayor'' substituted in subsec. (b) for
''Commissioners''.
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.
Third party tort liability to United States for hospital and medical
care, see section 2651 et seq. of this title.
42 USC 257a. Medical treatment of narcotics addiction; report to
Congress
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary of Health and Human Services, after consultation with
the Attorney General and with national organizations representative of
persons with knowledge and experience in the treatment of narcotic
addicts, shall determine the appropriate methods of professional
practice in the medical treatment of the narcotic addiction of various
classes of narcotic addicts, and shall report thereon from time to time
to the Congress.
(Pub. L. 91-513, title I, 4, Oct. 27, 1970, 84 Stat. 1241; Pub. L.
96-88, title V, 509(b), Oct. 17, 1979, 93 Stat. 695.)
Section was not enacted as part of the Public Health Service Act
which comprises this chapter.
''Secretary of Health and Human Services'' substituted in text for
''Secretary of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
42 USC 258. Employment; establishment of industries, plants, etc.;
sale of commodities; disposition of proceeds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Narcotic addicts or other persons with drug abuse and drug dependence
problems in hospitals of the Service designated for their care shall be
employed in such manner and under such conditions as the Surgeon General
may direct. In such hospitals the Surgeon General may, in his
discretion, establish industries, plants, factories, or shops for the
production and manufacture of articles, commodities, and supplies for
the United States Government. The Secretary of the Treasury may require
any Government department, establishment, or other institution, for whom
appropriations are made directly or indirectly by the Congress of the
United States, to purchase at current market prices, as determined by
him or his authorized representative, such of the articles, commodities,
or supplies so produced or manufactured as meet their specifications;
and the Surgeon General shall provide for payment to the inmates or
their dependents of such pecuniary earnings as he may deem proper. The
Secretary of Health and Human Services shall establish a working-capital
fund for such industries, plants, factories, and shops out of any funds
appropriated for Public Health Service hospitals at which addicts or
other persons with drug abuse and drug dependence problems are treated
and cared for; and such fund shall be available for the purchase,
repair, or replacement of machinery or equipment, for the purchase of
raw materials and supplies, for the purchase of uniforms and other
distinctive wearing apparel of employees in the performance of their
official duties, and for the employment of necessary civilian officers
and employees. The Surgeon General may provide for the disposal of
products of the industrial activities conducted pursuant to this
section, and the proceeds of any sales thereof shall be covered into the
Treasury of the United States to the credit of the working-capital fund.
(July 1, 1944, ch. 373, title III, 342, 58 Stat. 699; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Oct. 27, 1970, Pub. L. 91-513, title I, 2(a)(2)(A), 84 Stat. 1240;
Oct. 17, 1979, Pub. L. 96-88, title V, 509(b), 93 Stat. 695.)
1970 -- Pub. L. 91-513 inserted reference to persons with drug abuse
and drug dependence problems.
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.
42 USC 258a. Transfer of balances in working capital fund, narcotic
hospitals, to surplus fund
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As of June 30, 1947, and the end of each fiscal year thereafter any
balances in the ''Working capital fund, narcotic hospitals,'' in excess
of $150,000 shall be transferred to the surplus fund of the Treasury.
(July 8, 1947, ch. 210, title II, 201, 61 Stat. 269.)
Section was enacted as part of the Federal Security Agency
Appropriation Act, 1948, and not as part of the Public Health Service
Act which comprises this chapter.
42 USC 259. Convict addicts or other persons with drug abuse or drug
dependence problems
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Transfers to and from hospitals; duty of prosecuting officers to
report convicted persons believed to be addicts
The authority vested with the power to designate the place of
confinement of a prisoner shall transfer to hospitals of the Service
especially equipped for the accommodation of addicts or other persons
with drug abuse and drug dependence problems, if accommodations are
available, all addicts or other persons with drug abuse and drug
dependence problems who have been or are hereafter sentenced to
confinement, or who are now or shall hereafter be confined, in any
penal, correctional, disciplinary, or reformatory institution of the
United States, including those addicts or other persons with drug abuse
and drug dependence problems convicted of offenses against the United
States who are confined in State and Territorial prisons,
penitentiaries, and reformatories, except that no addict or other person
with a drug abuse or other drug dependence problem shall be transferred
to a hospital of the Service who, in the opinion of the officer
authorized to direct the transfer, is not a proper subject for
confinement in such an institution either because of the nature of the
crime he has committed or because of his apparent incorrigibility. The
authority vested with the power to designate the place of confinement of
a prisoner shall transfer from a hospital of the Service to the
institution from which he was received, or to such other institution as
may be designated by the proper authority, any addict or other person
with a drug abuse or other drug dependence problem whose presence at a
hospital of the Service is detrimental to the well-being of the hospital
or who does not continue to be a narcotic addict or other person with a
drug abuse or other drug dependence problem. All transfers of such
prisoners to or from a hospital of the Service shall be accompanied by
necessary attendants as directed by the officer in charge of such
hospital and the actual and necessary expenses incident to such
transfers shall be paid from the appropriation for the maintenance of
such Service hospital except to the extent that other Federal agencies
are authorized or required by law to pay expenses incident to such
transfers. When sentence is pronounced against any person whom the
prosecuting officer believes to be an addict or other person with a drug
abuse or other drug dependence problem, such officer shall report to the
authority vested with the power to designate the place of confinement,
the name of such person, the reasons for his belief, all pertinent facts
bearing on such addiction, drug abuse, or drug dependence, and the
nature of the offense committed. Whenever an alien addict or other
person with a drug abuse or other drug dependence problem transferred to
a Service hospital pursuant to this subsection is entitled to his
discharge but is subject to deportation, in lieu of being returned to
the penal institution from which he came he shall be deported by the
authority vested by law with power over deportation.
(b) Repealed. Pub. L. 92-293, 3, May 11, 1972, 86 Stat. 136
(c) Discharge; further treatment
Not later than one month prior to the expiration of the sentence of
any addict or other person with a drug abuse or other drug dependence
problem confined in a Service hospital, he shall be examined by the
Surgeon General or his authorized representative. If the Surgeon
General believes the person to be discharged is still an addict or other
person with a drug abuse or other drug dependence problem and that he
may by further treatment in a Service hospital be cured of his
addiction, drug abuse, or drug dependence, the addict or other person
with a drug abuse or other drug dependence problem shall be informed, in
accordance with regulations, of the advisability of his submitting
himself to further treatment. The addict or other person with a drug
abuse or other drug dependence problem may then apply in writing to the
Surgeon General for further treatment in a Service hospital for a period
not exceeding the maximum length of time considered necessary by the
Surgeon General. Upon approval of the application by the Surgeon
General or his authorized agent, the addict or other person with a drug
abuse or other drug dependence problem may be given such further
treatment as is necessary to cure him of his addiction, drug abuse, or
drug dependence.
(d) Gratuities and transportation furnished upon discharge or release
on parole or supervised release
Every person convicted of an offense against the United States, upon
discharge, or upon release on parole or supervised release, from a
hospital of the Service, shall be furnished with the gratuities and
transportation authorized by law to be furnished to prisoners upon
release from a penal, correctional, disciplinary, or reformatory
institution.
(e) Admission of probationers to hospitals for treatment
Any court of the United States having the power to suspend the
imposition or execution of sentence and to place a defendant on
probation under any existing laws may impose as one of the conditions of
such probation that the defendant, if an addict or other person with a
drug abuse or other drug dependence problem, shall submit himself for
treatment at a hospital of the Service especially equipped for the
accommodation of addicts or other persons with drug abuse and drug
dependence problems until discharged therefrom as cured and that he
shall be admitted thereto for such purpose. Upon the discharge of any
such probationer from a hospital of the Service, he shall be furnished
with the gratuities and transportation authorized by law to be furnished
to prisoners upon release from a penal, correctional, disciplinary, or
reformatory institution. The actual and necessary expense incident to
transporting such probationer to such hospital and to furnishing such
transportation and gratuities shall be paid from the appropriation for
the maintenance of such hospital except to the extent that other Federal
agencies are authorized or required by law to pay the cost of such
transportation: Provided, That where existing law vests a discretion in
any officer as to the place to which transportation shall be furnished
or as to the amount of clothing and gratuities to be furnished, such
discretion shall be exercised by the Surgeon General with respect to
addicts or other persons with drug abuse and drug dependence problems
discharged from hospitals of the Service.
(July 1, 1944, ch. 373, title III, 343, 58 Stat. 699; Oct. 27,
1970, Pub. L. 91-513, title I, 2(a)(2)(A), (3), (4), 84 Stat. 1240;
May 11, 1972, Pub. L. 92-293, 3, 86 Stat. 136; Oct. 12, 1984, Pub. L.
98-473, title II, 232(b), 98 Stat. 2031.)
1984 -- Subsec. (d). Pub. L. 98-473 inserted ''or supervised
release'' after ''parole''.
1972 -- Subsec. (b). Pub. L. 92-293 struck out subsec. (b) which
provided for application of sections 710 to 712a, 714 to 723c and 744h
of title 18 to narcotic addicts and persons with drug abuse and drug
dependence problems.
1970 -- Pub. L. 91-513 extended section to cover drug abuse or drug
dependence and to cover persons with drug abuse or drug dependence
problems.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of Title 18, Crimes and Criminal Procedure.
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.
Discharge from prison, transportation, clothing and money issued, see
section 4281 of Title 18, Crimes and Criminal Procedure.
42 USC 260. Addicts and persons with drug abuse or drug dependence
problems
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application for admission
Any addict or other person with a drug abuse or other drug dependence
problem, whether or not he shall have been convicted of an offense
against the United States, may apply to the Surgeon General for
admission to a hospital of the Service especially equipped for the
accommodation of addicts or other persons with drug abuse and drug
dependence problems.
(b) Determination of addiction; conditions of admission; payment of
subsistence, care, and treatment
Any applicant shall be examined by the Surgeon General who shall
determine whether the applicant is an addict or other person with a drug
abuse or other drug dependence problem, whether by treatment in a
hospital of the Service he may probably be cured of his addiction, drug
abuse, or drug dependence, and the estimated length of time necessary to
effect his cure. The Surgeon General may, in his discretion, admit the
applicant to a Service hospital. No such addict or other person with a
drug abuse or other drug dependence problem shall be admitted unless he
agrees to submit to treatment for the maximum amount of time estimated
by the Surgeon General to be necessary to effect a cure, and unless
suitable accommodations are available after all eligible addicts or
other persons with drug abuse and drug dependence problems convicted of
offenses against the United States have been admitted. Any such addict
or other person with a drug abuse or other drug dependence problem may
be required to pay for his subsistence, care, and treatment at rates
fixed by the Surgeon General and amounts so paid shall be covered into
the Treasury of the United States to the credit of the appropriation
from which the expenditure for his subsistence, care, and treatment was
made. Appropriations available for the care and treatment of addicts or
other persons with drug abuse and drug dependence problems admitted to a
hospital of the Service under this section shall be available, subject
to regulations, for paying the cost of transportation to any place
within the continental United States, including subsistence allowance
while traveling, for any indigent addict or other person with a drug
abuse or other drug dependence problem who is discharged as cured.
(c) Period of confinement
Any addict or other person with a drug abuse or other drug dependence
problem admitted for treatment under this section, including any addict
or other person with a drug abuse or other drug dependence problem, not
convicted of an offense, who voluntarily submits himself for treatment,
may be confined in a hospital of the Service for a period not exceeding
the maximum amount of time estimated by the Surgeon General as necessary
to effect a cure of the addiction, drug abuse, or drug dependence or
until such time as he ceases to be an addict or other person with a drug
abuse or other drug dependence problem.
(d) Other rights unaffected
Any addict or other person with a drug abuse or other drug dependence
problem admitted for treatment under this section shall not thereby
forfeit or abridge any of his rights as a citizen of the United States;
nor shall such admission or treatment be used against him in any
proceeding in any court; and the record of his voluntary commitment
shall, except as otherwise provided by this chapter, be confidential and
shall not be divulged.
(July 1, 1944, ch. 373, title III, 344, 58 Stat. 701; June 25,
1948, ch. 654, 5, 62 Stat. 1018; July 24, 1956, ch. 676, title III,
302(b), 70 Stat. 622; Oct. 27, 1970, Pub. L. 91-513, title I,
2(a)(2)(A), (3), (4), 84 Stat. 1240.)
1970 -- Pub. L. 91-513 extended coverage of section to cover drug
abuse or drug dependence and to cover persons with drug abuse or drug
dependence problems.
1956 -- Subsec. (d). Act July 24, 1956, substituted ''shall, except
as otherwise provided by this chapter, be confidential'' for ''shall be
confidential''.
1948 -- Subsec. (b). Act June 25, 1948, inserted sentence at end to
continue authority to provide transportation for indigent narcotics who
are discharged as cured.
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.
42 USC 260a. Admission of addicts committed from District of Columbia
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Conditions
The Surgeon General is authorized to admit for care and treatment in
any hospital of the Service suitably equipped therefor, and thereafter
to transfer between hospitals of the Service in accordance with section
248(b) of this title, any addict, who is committed, under the provisions
of the Act of June 24, 1953 (Public Law 76, Eighty-third Congress) (D.C.
Code, 24-601 et seq.), to the Service or to a hospital thereof for care
and treatment and who the Surgeon General determines is a proper subject
for such care and treatment. No such addict shall be admitted unless
(1) committed prior to July 1, 1958; (2) at the time of commitment, the
number of persons in hospitals of the Service who have been admitted
pursuant to this subsection is less than one hundred; and (3) suitable
accommodations are available after all eligible addicts convicted of
offenses against the United States have been admitted.
(b) Discharge from hospitals; notice; delivery to court
Any person admitted to a hospital of the Service pursuant to
subsection (a) of this section shall be discharged therefrom (1) upon
order of the Superior Court of the District of Columbia, or (2) when he
is found by the Surgeon General to be cured and rehabilitated. When any
such person is so discharged, the Surgeon General shall give notice
thereof to the Superior Court of the District of Columbia and shall
deliver such person to such court for such further action as such court
may deem necessary and proper under the provisions of the Act of June
24, 1953 (Public Law 76, Eighty-third Congress) (D.C. Code, 24-601 et
seq.).
(c) Authority of Surgeon General and other officers
With respect to the detention, transfer, parole, or discharge of any
person committed to a hospital of the Service in accordance with
subsection (a) of this section, the Surgeon General and the officer in
charge of the hospital, in addition to authority otherwise vested in
them, shall have such authority as may be conferred upon them,
respectively, by the order of the committing court.
(d) Payment of costs; determination; disposition of moneys;
availability of appropriations
The cost of providing care and treatment for persons admitted to a
hospital of the Service pursuant to subsection (a) of this section shall
be a charge upon the District of Columbia and shall be paid by the
District of Columbia to the Public Health Service, either in advance or
otherwise, as may be determined by the Surgeon General. Such cost may
be determined for each addict or on the basis of rates established for
all or particular classes of patients, and shall include the cost of
transportation to and from facilities of the Public Health Service.
Moneys so paid to the Public Health Service shall be covered into the
Treasury of the United States as miscellaneous receipts. Appropriations
available for the care and treatment of addicts admitted to a hospital
of the Service under this section shall be available, subject to
regulations, for paying the cost of transportation to the District of
Columbia, including subsistence allowance while traveling, for any such
addict who is discharged.
(July 1, 1944, ch. 373, title III, 345, as added May 8, 1954, ch.
195, 2, 68 Stat. 79, and amended July 24, 1956, ch. 676, title III,
302(c), 70 Stat. 622; July 29, 1970, Pub. L. 91-358, title I,
155(c)(32), 84 Stat. 572.)
Act of June 24, 1953 (Public Law 76, Eighty-third Congress), referred
to in subsecs. (a) and (b), is act June 24, 1953, ch. 149, 67 Stat.
77, as amended, which appears in chapter 6 ( 24-601 et seq.) of Title
24, Prisoners and Their Treatment, of the District of Columbia Code.
Section is also set out in D.C. Code, 24-614.
1970 -- Subsec. (b). Pub. L. 91-358 substituted ''Superior Court of
the District of Columbia'' for ''United States District Court for the
District of Columbia'' in two places.
1956 -- Subsec. (a). Act July 24, 1956, substituted ''July 1, 1958''
for ''July 1, 1956'', and ''one hundred'' for ''fifty''.
Amendment by Pub. L. 91-358 effective first day of seventh calendar
month which begins after July 29, 1970, see section 199(a) of Pub. L.
91-358, set out as a note under section 1257 of Title 28, Judiciary and
Judicial Procedure.
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.
With respect to enactment of this section and section 261a of this
title, and amendment of section 257 of this title, section 1 of act May
8, 1954, as amended by act July 24, 1956, 303, provided: ''In order to
afford the District of Columbia the facilities required to carry out the
Act of June 24, 1953 (Public Law 76, Eighty-third Congress), as amended
(D.C. code, 24-601 et seq.), and to help it meet its responsibility
for the detention, care, and treatment of noncriminal narcotic addicts,
it is hereby declared to be the purpose of this Act to authorize the
limited use of suitable Public Health Service facilities at the expense
of the District of Columbia for such detention, care, and treatment.''
42 USC 261. Penalties for introducing prohibited articles and
substances into hospitals; escaping from, or aiding and abetting escape
from hospitals
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Any person not authorized by law or by the Surgeon General who
introduces or attempts to introduce into or upon the grounds of any
hospital of the Service at which addicts or other persons with drug
abuse and drug dependence problems are treated and cared for, any
habit-forming narcotic drug or substance controlled under the Controlled
Substances Act (21 U.S.C. 801 et seq.), weapon, or any other contraband
article or thing, or any contraband letter or message intended to be
received by an inmate thereof, shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not more than
ten years.
(b) It shall be unlawful for any person properly committed thereto to
escape or attempt to escape from a hospital of the Service at which
addicts or other persons with drug abuse and drug dependence problems
are treated and cared for, and any such person upon apprehension and
conviction in a United States court shall be punished by imprisonment
for not more than five years, such sentence to begin upon the expiration
of the sentence for which such person was originally confined.
(c) Any person who procures the escape of any person admitted to a
hospital of the Service at which addicts or other persons with drug
abuse and drug dependence problems are treated and cared for, or who
advises, connives at, aids, or assists in such escape, or who conceals
any such inmate after such escape, shall be punished upon conviction in
a United States court by imprisonment in the penitentiary for not more
than three years.
(July 1, 1944, ch. 373, title III, 346, formerly 345, 58 Stat.
701, renumbered 346, May 8, 1954, ch. 195, 2, 68 Stat. 79, and amended
Oct. 27, 1970, Pub. L. 91-513, title I, 2(a)(2)(A), (5), 84 Stat.
1240.)
The Controlled Substances Act, referred to in subsec. (a), is title
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which
is classified principally to subchapter I ( 801 et seq.) of chapter 13
of Title 21, Foods and Drugs. For complete classification of this Act
to the Code, see Short Title note set out under section 801 of Title 21
and Tables.
1970 -- Subsec. (a). Pub. L. 91-513, 2(a)(2), (5), extended section
to cover hospitals in which persons with drug abuse and drug dependence
problems are cared for and added substances controlled under the
Controlled Substances Act to the enumeration of prohibited articles.
Subsecs. (b), (c). Pub. L. 91-513, 2(a)(2), extended provisions to
cover hospitals in which persons with drug abuse or drug dependence
problems are treated and cared for.
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.
42 USC 261a. Release of patients; determination by Surgeon General
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this chapter, an individual shall be deemed cured of
his addiction, drug abuse, or drug dependence and rehabilitated if the
Surgeon General determines that he has received the maximum benefits of
treatment and care by the Service for his addiction, drug abuse, or drug
dependence or if the Surgeon General determines that his further
treatment and care for such purpose would be detrimental to the
interests of the Service.
(July 1, 1944, ch. 373, title III, 347, as added May 8, 1954, ch.
195, 4, 68 Stat. 80, and amended Oct. 27, 1970, Pub. L. 91-513, title
I, 2(a)(4), 84 Stat. 1240.)
Section is also set out in D.C. Code, 24-615.
1970 -- Pub. L. 91-513 inserted '', drug abuse, or drug dependence''
after ''addiction'' in two places.
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.
42 USC Part F -- Licensing of Biological Products and Clinical
Laboratories
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart 1 -- biological products
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 262. Regulation of biological products
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Intrastate and interstate traffic; suspension or revocation of
license as affecting prior sales
No person shall sell, barter, or exchange, or offer for sale, barter,
or exchange in the District of Columbia, or send, carry, or bring for
sale, barter, or exchange from any State or possession into any other
State or possession or into any foreign country, or from any foreign
country into any State or possession, any virus, therapeutic serum,
toxin, antitoxin, vaccine, blood, blood component or derivative,
allergenic product, or analogous product, or arsphenamine or its
derivatives (or any other trivalent organic arsenic compound),
applicable to the prevention, treatment, or cure of diseases or injuries
of man, unless (1) such virus, serum, toxin, antitoxin, vaccine, blood,
blood component or derivative, allergenic product, or other product has
been propagated or manufactured and prepared at an establishment holding
an unsuspended and unrevoked license, issued by the Secretary as
hereinafter authorized, to propagate or manufacture, and prepare such
virus, serum, toxin, antitoxin, vaccine, blood, blood component or
derivative, allergenic product, or other product for sale in the
District of Columbia, or for sending, bringing, or carrying from place
to place aforesaid; and (2) each package of such virus, serum, toxin,
antitoxin, vaccine, blood, blood component or derivative, allergenic
product, or other product is plainly marked with the proper name of the
article contained therein, the name, address, and license number of the
manufacturer, and the date beyond which the contents cannot be expected
beyond reasonable doubt to yield their specific results. The suspension
or revocation of any license shall not prevent the sale, barter, or
exchange of any virus, serum, toxin, antitoxin, vaccine, blood, blood
component or derivative, allergenic product, or other product aforesaid
which has been sold and delivered by the licensee prior to such
suspension or revocation, unless the owner or custodian of such virus,
serum, toxin, antitoxin, vaccine, blood, blood component or derivative,
allergenic product, or other product aforesaid has been notified by the
Secretary not to sell, barter, or exchange the same.
(b) Falsely labeling or marking package or container; altering label
or mark
No person shall falsely label or mark any package or container of any
virus, serum, toxin, antitoxin, vaccine, blood, blood component or
derivative, allergenic product, or other product aforesaid; nor alter
any label or mark on any package or container of any virus, serum,
toxin, antitoxin, vaccine, blood, blood component or derivative,
allergenic product, or other product aforesaid so as to falsify such
label or mark.
(c) Inspection of establishment for propagation and preparation
Any officer, agent, or employee of the Department of Health and Human
Services, authorized by the Secretary for the purpose, may during all
reasonable hours enter and inspect any establishment for the propagation
or manufacture and preparation of any virus, serum, toxin, antitoxin,
vaccine, blood, blood component or derivative, allergenic product, or
other product aforesaid for sale, barter, or exchange in the District of
Columbia, or to be sent, carried, or brought from any State or
possession into any other State or possession or into any foreign
country, or from any foreign country into any State or possession.
(d) Regulations governing licenses; recall of product presenting
imminent hazard; violations
(1) Licenses for the maintenance of establishments for the
propagation or manufacture and preparation of products described in
subsection (a) of this section may be issued only upon a showing that
the establishment and the products for which a license is desired meet
standards, designed to insure the continued safety, purity, and potency
of such products, prescribed in regulations, and licenses for new
products may be issued only upon a showing that they meet such
standards. All such licenses shall be issued, suspended, and revoked as
prescribed by regulations and all licenses issued for the maintenance of
establishments for the propagation or manufacture and preparation, in
any foreign country, of any such products for sale, barter, or exchange
in any State or possession shall be issued upon condition that the
licensees will permit the inspection of their establishments in
accordance with subsection (c) of this section.
(2)(A) Upon a determination that a batch, lot, or other quantity of a
product licensed under this section presents an imminent or substantial
hazard to the public health, the Secretary shall issue an order
immediately ordering the recall of such batch, lot, or other quantity of
such product. An order under this paragraph shall be issued in
accordance with section 554 of title 5.
(B) Any violation of subparagraph (A) shall subject the violator to a
civil penalty of up to $100,000 per day of violation. The amount of a
civil penalty under this subparagraph shall, effective December 1 of
each year beginning 1 year after the effective date of this
subparagraph, be increased by the percent change in the Consumer Price
Index for the base quarter of such year over the Consumer Price Index
for the base quarter of the preceding year, adjusted to the nearest 1/10
of 1 percent. For purposes of this subparagraph, the term ''base
quarter'', as used with respect to a year, means the calendar quarter
ending on September 30 of such year and the price index for a base
quarter is the arithmetical mean of such index for the 3 months
comprising such quarter.
(e) Interference with officers
No person shall interfere with any officer, agent, or employee of the
Service in the performance of any duty imposed upon him by this section
or by regulations made by authority thereof.
(f) Penalties for offenses
Any person who shall violate, or aid or abet in violating, any of the
provisions of this section shall be punished upon conviction by a fine
not exceeding $500 or by imprisonment not exceeding one year, or by both
such fine and imprisonment, in the discretion of the court.
(g) Construction with other laws
Nothing contained in this chapter shall be construed as in any way
affecting, modifying, repealing, or superseding the provisions of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(h) Exportation of partially processed biological products
(1)(A) A partially processed biological product which is not in a
form applicable to the prevention, treatment, or cure of diseases or
injuries of man, which is not intended for sale in the United States,
and which is intended for further manufacture into final dosage form
outside the United States in a country listed under section 802(b)(A)
/1/ of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
382(b)(4)(A)) may, upon approval of an application meeting the
requirements of subparagraph (B), be exported to a country listed under
section 802(b)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
382(b)(4)). The Secretary may not approve an application to export such
a product unless the Secretary determines that the product is
manufactured, processed, packaged, and held in conformity with current
good manufacturing practice and the outside of the shipping package is
labeled with the following statement: ''This product may be sold or
offered for sale only in the following countries: '', the blank space
being filled with a list of the countries to which export of the drug is
authorized.
(B) An application for the export of a partially processed biological
product shall --
(i) describe the partially processed biological product to be
exported,
(ii) list each country to which the product is to be exported,
(iii) contain a certification by the applicant that the product will
not be exported to a country not listed under clause (ii),
(iv) identify the establishments in which the product is
manufactured, and
(v) contain a certification by the applicant that the final product
to be developed from the partially processed product is approved in the
country to which it is to be exported or approval of the final product
is being sought in such country.
(2) A product described in paragraph (1) is not subject to licensure
under this section.
(3) If the Secretary determines that prohibiting the export of a
product described in paragraph (1) is necessary for protection of the
public health in the United States or the country to which it is to be
exported, the Secretary may not approve an application under paragraph
(1) for the export of such product.
(July 1, 1944, ch. 373, title III, 351, 58 Stat. 702; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Sept. 2, 1958, Pub. L. 85-881, 2, 72 Stat. 1704; Oct. 30, 1970, Pub.
L. 91-515, title II, 291, 84 Stat. 1308; Oct. 17, 1979, Pub. L. 96-88,
title V, 509(b), 93 Stat. 695; Nov. 14, 1986, Pub. L. 99-660, title
I, 105(a), title III, 315, 100 Stat. 3751, 3783.)
The effective date of this subparagraph, referred to in subsec.
(d)(2)(B), is the effective date of section 315 of Pub. L. 99-660 which
added subsec. (d)(2). See Effective Date of 1986 Amendment note set out
below.
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(g), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 ( 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.
1986 -- Subsec. (d). Pub. L. 99-660, 315, designated existing
provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 99-660, 105(a), added subsec. (h).
1970 -- Subsecs. (a) to (c). Pub. L. 91-515 inserted ''vaccine,
blood, blood component or derivative, allergenic product,'' after
''antitoxin'' wherever appearing.
1958 -- Subsec. (d). Pub. L. 85-881 struck out ''made jointly by the
Surgeon General, the Surgeon General of the Army, and the Surgeon
General of the Navy, and approved by the Secretary'' after
''regulations'' in first sentence.
Section 105(b) of Pub. L. 99-660 provided that: ''Paragraph (1) of
section 351(h) of the Public Health Service Act (subsec. (h)(1) of this
section) as added by subsection (a) shall take effect upon the
expiration of 90 days after the date of the enactment of this Act (Nov.
14, 1986).''
Amendment by section 315 of Pub. L. 99-660 effective Dec. 22, 1987,
see section 323 of Pub. L. 99-660, as amended, set out as an Effective
Date note under section 300aa-1 of this title.
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.
References to Secretary and Department of Health, Education, and
Welfare substituted for references to Federal Security Administrator and
Federal Security Agency, respectively, pursuant to Reorg. Plan No. 1
of 1953, 5, set out as a note under section 3501 of this title, which
transferred all functions of Federal Security Administrator to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency to Department of Health, Education, and Welfare. 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.
Regulation of biological products for use in treatment of domestic
animals, see sections 151 to 159 of Title 21, Food and Drugs.
sections 353, 360aa, 360bb, 360cc, 360ee, 382, 392;
title 26 section 28; title 35 section 156.
/1/ So in original. Probably should be section ''802(b)(4)(A)''.
42 USC 263. Preparation of biological products by Service
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Service may prepare for its own use any product described in
section 262 of this title and any product necessary to carrying out any
of the purposes of section 241 of this title.
(b) The Service may prepare any product described in section 262 of
this title for the use of other Federal departments or agencies, and
public or private agencies and individuals engaged in work in the field
of medicine when such product is not available from establishments
licensed under such section.
(July 1, 1944, ch. 373, title III, 352, 58 Stat. 703.)
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.
42 USC subpart 2 -- clinical laboratories
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 263a. Certification of laboratories
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) ''Laboratory'' or ''clinical laboratory'' defined
As used in this section, the term ''laboratory'' or ''clinical
laboratory'' means a facility for the biological, microbiological,
serological, chemical, immuno-hematological, hematological, biophysical,
cytological, pathological, or other examination of materials derived
from the human body for the purpose of providing information for the
diagnosis, prevention, or treatment of any disease or impairment of, or
the assessment of the health of, human beings.
(b) Certificate requirement
No person may solicit or accept materials derived from the human body
for laboratory examination or other procedure unless there is in effect
for the laboratory a certificate issued by the Secretary under this
section applicable to the category of examinations or procedures which
includes such examination or procedure.
(c) Issuance and renewal of certificates
(1) In general
The Secretary may issue or renew a certificate for a laboratory only
if the laboratory meets the requirements of subsection (d) of this
section.
(2) Term
A certificate issued under this section shall be valid for a period
of 2 years or such shorter period as the Secretary may establish.
(d) Requirements for certificates
(1) In general
A laboratory may be issued a certificate or have its certificate
renewed if --
(A) the laboratory submits (or if the laboratory is accredited under
subsection (e) of this section, the accreditation body which accredited
the laboratory submits), an application --
(i) in such form and manner as the Secretary shall prescribe,
(ii) that describes the characteristics of the laboratory
examinations and other procedures performed by the laboratory including
--
(I) the number and types of laboratory examinations and other
procedures performed,
(II) the methodologies for laboratory examinations and other
procedures employed, and
(III) the qualifications (educational background, training, and
experience) of the personnel directing and supervising the laboratory
and performing the laboratory examinations and other procedures, and
(iii) that contains such other information as the Secretary may
require to determine compliance with this section, and
the laboratory agrees to provide to the Secretary (or if the
laboratory is accredited, to the accreditation body which accredited it)
a description of any change in the information submitted under clause
(ii) not later than 6 months after the change was put into effect,
(B) the laboratory provides the Secretary --
(i) with satisfactory assurances that the laboratory will be operated
in accordance with standards issued by the Secretary under subsection
(f) of this section, or
(ii) with proof of accreditation under subsection (e) of this
section,
(C) the laboratory agrees to permit inspections by the Secretary
under subsection (g) of this section,
(D) the laboratory agrees to make records available and submit
reports to the Secretary as the Secretary may reasonably require, and
(E) the laboratory agrees to treat proficiency testing samples in the
same manner as it treats materials derived from the human body referred
to it for laboratory examinations or other procedures in the ordinary
course of business.
(2) Requirements for certificates of waiver
(A) In general
A laboratory which only performs laboratory examinations and
procedures described in paragraph (3) shall be issued a certificate of
waiver or have its certificate of waiver renewed if --
(i) the laboratory submits an application --
(I) in such form and manner as the Secretary shall prescribe,
(II) that describes the characteristics of the laboratory
examinations and other procedures performed by the laboratory, including
the number and types of laboratory examinations and other procedures
performed, the methodologies for laboratory examinations and other
procedures employed, and the qualifications (educational background,
training, and experience) of the personnel directing and supervising the
laboratory and performing the laboratory examinations and other
procedures, and
(III) that contains such other information as the Secretary may
reasonably require to determine compliance with this section, and
(ii) the laboratory agrees to make records available and submit
reports to the Secretary as the Secretary may require.
(B) Changes
If a laboratory makes changes in the examinations and other
procedures performed by it only with respect to examinations and
procedures which are described in paragraph (3), the laboratory shall
report such changes to the Secretary not later than 6 months after the
change has been put into effect. If a laboratory proposes to make
changes in the examinations and procedures performed by it such that the
laboratory will perform an examination or procedure not described in
paragraph (3), the laboratory shall report such change to the Secretary
before the change takes effect.
(C) Effect
Subsections (f) and (g) of this section shall not apply to a
laboratory to which has been issued a certificate of waiver.
(3) Examinations and procedures
The examinations and procedures identified in paragraph (2) are
simple laboratory examinations and procedures which, as determined by
the Secretary, have an insignificant risk of an erroneous result,
including those which --
(A) have been approved by the Food and Drug Administration for home
use,
(B) employ methodologies that are so simple and accurate as to render
the likelihood of erroneous results negligible, or
(C) the Secretary has determined pose no reasonable risk of harm to
the patient if performed incorrectly.
(4) ''Certificate'' defined
As used in this section, the term ''certificate'' includes a
certificate of waiver issued under paragraph (2).
(e) Accreditation
(1) In general
A laboratory may be accredited for purposes of obtaining a
certificate if the laboratory --
(A) meets the standards of an approved accreditation body, and
(B) authorizes the accreditation body to submit to the Secretary (or
such State agency as the Secretary may designate) such records or other
information as the Secretary may require.
(2) Approval of accreditation bodies
(A) In general
The Secretary may approve a private nonprofit organization to be an
accreditation body for the accreditation of laboratories if --
(i) using inspectors qualified to evaluate the methodologies used by
the laboratories in performing laboratory examinations and other
procedures, the accreditation body agrees to inspect a laboratory for
purposes of accreditation with such frequency as determined by /1/
Secretary,
(ii) the standards applied by the body in determining whether or not
to accredit a laboratory are equal to or more stringent than the
standards issued by the Secretary under subsection (f) of this section,
(iii) there is adequate provision for assuring that the standards of
the accreditation body continue to be met by the laboratory,
(iv) in the case of any laboratory accredited by the body which has
had its accreditation denied, suspended, withdrawn, or revoked or which
has had any other action taken against it by the accrediting body, the
accrediting body agrees to submit to the Secretary the name of such
laboratory within 30 days of the action taken,
(v) the accreditation body agrees to notify the Secretary at least 30
days before it changes its standards, and
(vi) if the accreditation body has its approval withdrawn by the
Secretary, the body agrees to notify each laboratory accredited by the
body of the withdrawal within 10 days of the withdrawal.
(B) Criteria and procedures
The Secretary shall promulgate criteria and procedures for approving
an accreditation body and for withdrawing such approval if the Secretary
determines that the accreditation body does not meet the requirements of
subparagraph (A).
(C) Effect of withdrawal of approval
If the Secretary withdraws the approval of an accreditation body
under subparagraph (B), the certificate of any laboratory accredited by
the body shall continue in effect for 60 days after the laboratory
receives notification of the withdrawal of the approval, except that the
Secretary may extend such period for a laboratory if it determines that
the laboratory submitted an application for accreditation or a
certificate in a timely manner after receipt of the notification of the
withdrawal of approval. If an accreditation body withdraws or revokes
the accreditation of a laboratory, the certificate of the laboratory
shall continue in effect --
(i) for 45 days after the laboratory receives notice of the
withdrawal or revocation of the accreditation, or
(ii) until the effective date of any action taken by the Secretary
under subsection (i) of this section.
(D) Evaluations
The Secretary shall evaluate annually the performance of each
approved accreditation body by --
(i) inspecting under subsection (g) of this section a sufficient
number of the laboratories accredited by such body to allow a reasonable
estimate of the performance of such body, and
(ii) such other means as the Secretary determines appropriate.
(3) Report
The Secretary shall annually prepare and submit, to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate, a report that describes the
results of the evaluation conducted under paragraph (2)(D).
(f) Standards
(1) In general
The Secretary shall issue standards to assure consistent performance
by laboratories issued a certificate under this section of valid and
reliable laboratory examinations and other procedures. Such standards
shall require each laboratory issued a certificate under this section --
(A) to maintain a quality assurance and quality control program
adequate and appropriate for the validity and reliability of the
laboratory examinations and other procedures of the laboratory and to
meet requirements relating to the proper collection, transportation, and
storage of specimens and the reporting of results,
(B) to maintain records, equipment, and facilities necessary for the
proper and effective operation of the laboratory,
(C) in performing and carrying out its laboratory examinations and
other procedures, to use only personnel meeting such qualifications as
the Secretary may establish for the direction, supervision, and
performance of examinations and procedures within the laboratory, which
qualifications shall take into consideration competency, training,
experience, job performance, and education and which qualifications
shall, as appropriate, be different on the basis of the type of
examinations and procedures being performed by the laboratory and the
risks and consequences of erroneous results associated with such
examinations and procedures,
(D) to qualify under a proficiency testing program meeting the
standards established by the Secretary under paragraph (3), and
(E) to meet such other requirements as the Secretary determines
necessary to assure consistent performance by such laboratories of
accurate and reliable laboratory examinations and procedures.
(2) Considerations
In developing the standards to be issued under paragraph (1), the
Secretary shall, within the flexibility provided under subparagraphs (A)
through (E) of paragraph (1), take into consideration --
(A) the examinations and procedures performed and the methodologies
employed,
(B) the degree of independent judgment involved,
(C) the amount of interpretation involved,
(D) the difficulty of the calculations involved,
(E) the calibration and quality control requirements of the
instruments used,
(F) the type of training required to operate the instruments used in
the methodology, and
(G) such other factors as the Secretary considers relevant.
(3) Proficiency testing program
(A) In general
The Secretary shall establish standards for the proficiency testing
programs for laboratories issued a certificate under this section which
are conducted by the Secretary, conducted by an organization approved
under subparagraph (C), or conducted by an approved accrediting body.
The standards shall require that a laboratory issued a certificate under
this section be tested for each examination and procedure conducted
within a category of examinations or procedures for which it has
received a certificate, except for examinations and procedures for which
the Secretary has determined that a proficiency test cannot reasonably
be developed. The testing shall be conducted on a quarterly basis,
except where the Secretary determines for technical and scientific
reasons that a particular examination or procedure may be tested less
frequently (but not less often than twice per year).
(B) Criteria
The standards established under subparagraph (A) shall include
uniform criteria for acceptable performance under a proficiency testing
program, based on the available technology and the clinical relevance of
the laboratory examination or other procedure subject to such program.
The criteria shall be established for all examinations and procedures
and shall be uniform for each examination and procedure. The standards
shall also include a system for grading proficiency testing performance
to determine whether a laboratory has performed acceptably for a
particular quarter and acceptably for a particular examination or
procedure or category of examination or procedure over a period of
successive quarters.
(C) Approved proficiency testing programs
For the purpose of administering proficiency testing programs which
meet the standards established under subparagraph (A), the Secretary
shall approve a proficiency testing program offered by a private
nonprofit organization or a State if the program meets the standards
established under subparagraph (A) and the organization or State
provides technical assistance to laboratories seeking to qualify under
the program. The Secretary shall evaluate each program approved under
this subparagraph annually to determine if the program continues to meet
the standards established under subparagraph (A) and shall withdraw the
approval of any program that no longer meets such standards.
(D) Onsite testing
The Secretary shall perform, or shall direct a program approved under
subparagraph (C) to perform, onsite proficiency testing to assure
compliance with the requirements of subsection (d)(5) of this section.
The Secretary shall perform, on an onsite or other basis, proficiency
testing to evaluate the performance of a proficiency testing program
approved under subparagraph (C) and to assure quality performance by a
laboratory.
(E) Training, technical assistance, and enhanced proficiency testing
The Secretary may, in lieu of or in addition to actions authorized
under subsection (h), (i), or (j) of this section, require any
laboratory which fails to perform acceptably on an individual
examination and procedure or a category of examination and procedures --
(i) to undertake training and to obtain the necessary technical
assistance to meet the requirements of the proficency /2/ testing
program,
(ii) to enroll in a program of enhanced proficiency testing, or
(iii) to undertake any combination of the training, technical
assistance, or testing described in clauses (i) and (ii).
(F) Testing results
The Secretary shall establish a system to make the results of the
proficiency testing programs subject to the standards established by the
Secretary under subparagraph (A) available, on a reasonable basis, upon
request of any person. The Secretary shall include with results made
available under this subparagraph such explanatory information as may be
appropriate to assist in the interpretation of such results.
(4) National standards for quality assurance in cytology services
(A) Establishment
The Secretary shall establish national standards for quality
assurance in cytology services designed to assure consistent performance
by laboratories of valid and reliable cytological services.
(B) Standards
The standards established under subparagraph (A) shall include --
(i) the maximum number of cytology slides that any individual may
screen in a 24-hour period,
(ii) requirements that a clinical laboratory maintain a record of (I)
the number of cytology slides screened during each 24-hour period by
each individual who examines cytology slides for the laboratory, and
(II) the number of hours devoted during each 24-hour period to screening
cytology slides by such individual,
(iii) criteria for requiring rescreening of cytological preparations,
such as (I) random rescreening of cytology specimens determined to be in
the benign category, (II) focused rescreening of such preparations in
high risk groups, and (III) for each abnormal cytological result,
rescreening of all prior cytological specimens for the patient, if
available,
(iv) periodic confirmation and evaluation of the proficiency of
individuals involved in screening or interpreting cytological
preparations, including announced and unannounced on-site proficiency
testing of such individuals, with such testing to take place, to the
extent practicable, under normal working conditions,
(v) procedures for detecting inadequately prepared slides, for
assuring that no cytological diagnosis is rendered on such slides, and
for notifying referring physicians of such slides,
(vi) requirements that all cytological screening be done on the
premises of a laboratory that is certified under this section,
(vii) requirements for the retention of cytology slides by
laboratories for such periods of time as the Secretary considers
appropriate, and
(viii) standards requiring periodic inspection of cytology services
by persons capable of evaluating the quality of cytology services.
(g) Inspections
(1) In general
The Secretary may, on an announced or unannounced basis, enter and
inspect, during regular hours of operation, laboratories which have been
issued a certificate under this section. In conducting such inspections
the Secretary shall have access to all facilities, equipment, materials,
records, and information that the Secretary determines have a bearing on
whether the laboratory is being operated in accordance with this
section. As part of such an inspection the Secretary may copy any such
material or require to it /3/ be submitted to the Secretary. An
inspection under this paragraph may be made only upon presenting
identification to the owner, operator, or agent in charge of the
laboratory being inspected.
(2) Compliance with requirements and standards
The Secretary shall conduct inspections of laboratories under
paragraph (1) to determine their compliance with the requirements of
subsection (d) of this section and the standards issued under subsection
(f) of this section. Inspections of laboratories not accredited under
subsection (e) of this section shall be conducted on a biennial basis or
with such other frequency as the Secretary determines to be necessary to
assure compliance with such requirements and standards. Inspections of
laboratories accredited under subsection (e) of this section shall be
conducted on such basis as the Secretary determines is necessary to
assure compliance with such requirements and standards.
(h) Intermediate sanctions
(1) In general
If the Secretary determines that a laboratory which has been issued a
certificate under this section no longer substantially meets the
requirements for the issuance of a certificate, the Secretary may impose
intermediate sanctions in lieu of the actions authorized by subsection
(i) of this section.
(2) Types of sanctions
The intermediate sanctions which may be imposed under paragraph (1)
shall consist of --
(A) directed plans of correction,
(B) civil money penalties in an amount not to exceed $10,000 for each
violation listed in subsection (i)(1) of this section or for each day of
substantial noncompliance with the requirements of this section,
(C) payment for the costs of onsite monitoring, or
(D) any combination of the actions described in subparagraphs (A),
(B), and (C).
(3) Procedures
The Secretary shall develop and implement procedures with respect to
when and how each of the intermediate sanctions is to be imposed under
paragraph (1). Such procedures shall provide for notice to the
laboratory and a reasonable opportunity to respond to the proposed
sanction and appropriate procedures for appealing determinations
relating to the imposition of intermediate sanctions /4/
(i) Suspension, revocation, and limitation
(1) In general
Except as provided in paragraph (2), the certificate of a laboratory
issued under this section may be suspended, revoked, or limited if the
Secretary finds, after reasonable notice and opportunity for hearing to
the owner or operator of the laboratory, that such owner or operator or
any employee of the laboratory --
(A) has been guilty of misrepresentation in obtaining the
certificate,
(B) has performed or represented the laboratory as entitled to
perform a laboratory examination or other procedure which is not within
a category of laboratory examinations or other procedures authorized in
the certificate,
(C) has failed to comply with the requirements of subsection (d) of
this section or the standards prescribed by the Secretary under
subsection (f) of this section,
(D) has failed to comply with reasonable requests of the Secretary
for --
(i) any information or materials, or
(ii) work on materials,
that the Secretary concludes is necessary to determine the
laboratory's continued eligibility for its certificate or continued
compliance with the Secretary's standards under subsection (f) of this
section,
(E) has refused a reasonable request of the Secretary, or any Federal
officer or employee duly designated by the Secretary, for permission to
inspect the laboratory and its operations and pertinent records during
the hours the laboratory is in operation,
(F) has violated or aided and abetted in the violation of any
provisions of this section or of any regulation promulgated thereunder,
or
(G) has not complied with an intermediate sanction imposed under
subsection (h) of this section.
(2) Action before a hearing
If the Secretary determines that --
(A) the failure of a laboratory to comply with the standards of the
Secretary under subsection (f) of this section presents an imminent and
serious risk to human health, or
(B) a laboratory has engaged in an action described in subparagraph
(D) or (E) of paragraph (1),
the Secretary may suspend or limit the certificate of the laboratory
before holding a hearing under paragraph (1) regarding such failure or
refusal. The opportunity for a hearing shall be provided no later than
60 days from the effective date of the suspension or limitation. A
suspension or limitation under this paragraph shall stay in effect until
the decision of the Secretary made after the hearing under paragraph
(1).
(3) Ineligibility to own or operate laboratories after revocation
No person who has owned or operated a laboratory which has had its
certificate revoked may, within 2 years of the revocation of the
certificate, own or operate a laboratory for which a certificate has
been issued under this section. The certificate of a laboratory which
has been excluded from participation under the medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) because
of actions relating to the quality of the laboratory shall be suspended
for the period the laboratory is so excluded.
(4) Improper referrals
Any laboratory that the Secretary determines intentionally refers its
proficiency testing samples to another laboratory for analysis shall
have its certificate revoked for at least one year and shall be subject
to appropriate fines and penalties as provided for in subsection (h) of
this section.
(j) Injunctions
Whenever the Secretary has reason to believe that continuation of any
activity by a laboratory would constitute a significant hazard to the
public health the Secretary may bring suit in the district court of the
United States for the district in which such laboratory is situated to
enjoin continuation of such activity. Upon proper showing, a temporary
injunction or restraining order against continuation of such activity
pending issuance of a final order under this subsection shall be granted
without bond by such court.
(k) Judicial review
(1) Petition
Any laboratory which has had an intermediate sanction imposed under
subsection (h) of this section or has had its certificate suspended,
revoked, or limited under subsection (i) of this section may, at any
time within 60 days after the date the action of the Secretary under
subsection (i) or (h) of this section becomes final, file a petition
with the United States court of appeals for the circuit wherein the
laboratory has its principal place of business for judicial review of
such action. As soon as practicable after receipt of the petition, the
clerk of the court shall transmit a copy of the petition to the
Secretary or other officer designated by the Secretary for that purpose.
As soon as practicable after receipt of the copy, the Secretary shall
file in the court the record on which the action of the Secretary is
based, as provided in section 2112 of title 28.
(2) Additional evidence
If the petitioner applies to the court for leave to adduce additional
evidence, and shows to the satisfaction of the court that such
additional evidence is material and that there were reasonable grounds
for the failure to adduce such evidence in the proceeding before the
Secretary, the court may order such additional evidence (and evidence in
rebuttal of such additional evidence) to be taken before the Secretary,
and to be adduced upon the hearing in such manner and upon such terms
and conditions as the court may deem proper. The Secretary may modify
the findings of the Secretary as to the facts, or make new findings, by
reason of the additional evidence so taken, and the Secretary shall file
such modified or new findings, and the recommendations of the Secretary,
if any, for the modification or setting aside of his original action,
with the return of such additional evidence.
(3) Judgment of court
Upon the filing of the petition referred to in paragraph (1), the
court shall have jurisdiction to affirm the action, or to set it aside
in whole or in part, temporarily or permanently. The findings of the
Secretary as to the facts, if supported by substantial evidence, shall
be conclusive.
(4) Finality of judgment
The judgment of the court affirming or setting aside, in whole or in
part, any such action of the Secretary shall be final, subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28.
(l) Sanctions
Any person who intentionally violates any requirement of this section
or any regulation promulgated thereunder shall be imprisoned for not
more than one year or fined under title 18, or both, except that if the
conviction is for a second or subsequent violation of such a requirement
such person shall be imprisoned for not more than 3 years or fined in
accordance with title 18, or both.
(m) Fees
(1) Certificate fees
The Secretary shall require payment of fees for the issuance and
renewal of certificates, except that the Secretary shall only require a
nominal fee for the issuance and renewal of certificates of waiver.
(2) Additional fees
The Secretary shall require the payment of fees for inspections of
laboratories which are not accredited and for the cost of performing
proficiency testing on laboratories which do not participate in
proficiency testing programs approved under subsection (f)(3)(C) of this
section.
(3) Criteria
(A) Fees under paragraph (1)
Fees imposed under paragraph (1) shall be sufficient to cover the
general costs of administering this section, including evaluating and
monitoring proficiency testing programs approved under subsection (f) of
this section and accrediting bodies and implementing and monitoring
compliance with the requirements of this section.
(B) Fees under paragraph (2)
Fees imposed under paragraph (2) shall be sufficient to cover the
cost of the Secretary in carrying out the inspections and proficiency
testing described in paragraph (2).
(C) Fees imposed under paragraphs (1) and (2)
Fees imposed under paragraphs (1) and (2) shall vary by group or
classification of laboratory, based on such considerations as the
Secretary determines are relevant, which may include the dollar volume
and scope of the testing being performed by the laboratories.
(n) Information
On April 1, 1990 and annually thereafter, the Secretary shall compile
and make available to physicians and the general public information,
based on the previous calendar year, which the Secretary determines is
useful in evaluating the performance of a laboratory, including --
(1) a list of laboratories which have been convicted under Federal or
State laws relating to fraud and abuse, false billings, or kickbacks,
(2) a list of laboratories --
(A) which have had their certificates revoked, suspended, or limited
under subsection (i) of this section, or
(B) which have been the subject of a sanction under subsection (l) of
this section,
together with a statement of the reasons for the revocation,
suspension, limitation, or sanction,
(3) a list of laboratories subject to intermediate sanctions under
subsection (h) of this section together with a statement of the reasons
for the sanctions,
(4) a list of laboratories whose accreditation has been withdrawn or
revoked together with a statement of the reasons for the withdrawal or
revocation,
(5) a list of laboratories against which the Secretary has taken
action under subsection (j) of this section together with a statement of
the reasons for such action, and
(6) a list of laboratories which have been excluded from
participation under title XVIII or XIX of the Social Security Act (42
U.S.C. 1395 et seq., 1396 et seq.).
The information to be compiled under paragraphs (1) through (6) shall
be information for the calendar year preceding the date the information
is to be made available to the public and shall be accompanied by such
explanatory information as may be appropriate to assist in the
interpretation of the information compiled under such paragraphs.
(o) Delegation
In carrying out this section, the Secretary may, pursuant to
agreement, use the services or facilities of any Federal or State or
local public agency or nonprofit private organization, and may pay
therefor in advance or by way of reimbursement, and in such
installments, as the Secretary may determine.
(p) State laws
(1) Except as provided in paragraph (2), nothing in this section
shall be construed as affecting the power of any State to enact and
enforce laws relating to the matters covered by this section to the
extent that such laws are not inconsistent with this section or with the
regulations issued under this section.
(2) If a State enacts laws relating to matters covered by this
section which provide for requirements equal to or more stringent than
the requirements of this section or than the regulations issued under
this section, the Secretary may exempt clinical laboratories in that
State from compliance with this section.
(q) Consultations
In carrying out this section, the Secretary shall consult with
appropriate private organizations and public agencies.
(July 1, 1944, ch. 373, title III, 353, as added Dec. 5, 1967, Pub.
L. 90-174, 5(a), 81 Stat. 536, and amended Oct. 31, 1988, Pub. L.
100-578, 2, 102 Stat. 2903.)
The Social Security Act, referred to in subsecs. (i)(3) and (n)(6),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles
XVIII and XIX of the Social Security Act are classified generally to
subchapters XVIII ( 1395 et seq.) and XIX ( 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.
1988 -- Pub. L. 100-578 substituted ''Certification of
laboratories'' for ''Licensing of laboratories'' in section catchline,
and amended text generally, revising and restating as subsecs. (a) to
(q) provisions of former subsecs. (a) to (l).
Continuing Applicability
Section 3 of Pub. L. 100-578 provided that: ''Subsections (g)(1),
(h), (i), (j), (k), (l), and (m) of section 353 of the Public Health
Service Act (this section), as amended by section 101 (probably means
section 2 of Pub. L. 100-578), shall take effect January 1, 1989, except
that any reference in such subsections to the standards established
under subsection (f) shall be considered a reference to the standards
established under subsection (d) of such section 353, as in effect on
December 31, 1988. During the period beginning January 1, 1989, and
ending December 31, 1989, subsections (a) through (d) and subsection (i)
through (l) of such section 353 as in effect on December 31, 1988, shall
continue to apply to clinical laboratories. The remaining subsections
of such section 353, as so amended, shall take effect January 1, 1990,
except that subsections (f)(1)(C) and (g)(2) shall take effect July 1,
1991, with respect to laboratories which were not subject to the
requirements of such section 353 as in effect on December 31, 1988.''
Section 5(b) of Pub. L. 90-174 provided that: ''The amendment made
by subsection (a) (enacting this section) shall become effective on the
first day of the thirteenth month after the month (December 1967) in
which it is enacted, except that the Secretary of Health, Education, and
Welfare may postpone such effective date for such additional period as
he finds necessary, but not beyond the first day of the 19th month after
such month (December 1967) in which the amendment is enacted.''
Section 5(c) of Pub. L. 90-174 provided that: ''This section
(enacting this section and provisions set out as a note under this
section) may be cited as the 'Clinical Laboratories Improvement Act of
1967.'''
Section 4 of Pub. L. 100-578 provided that:
''(a) Studies. -- The Secretary of Health and Human Services, acting
through the Public Health Service, shall conduct studies of --
''(1) the validity, reliability, and accuracy of proficiency testing
of clinical laboratories under section 353 of the Public Health Service
Act (this section) (as amended by section 2 of this Act),
''(2) the correlation between established standards for personnel
employed in clinical laboratories and the accuracy and reliability of
the results of the tests performed by the laboratories which are subject
to such standards,
''(3) the correlation between internal quality assurance and quality
control programs for clinical laboratories and the accuracy and
reliability of the results of the tests performed by the laboratories,
''(4) the extent and nature of problems in the diagnosis and
treatment of patients caused by inaccurate laboratory test results, and
''(5) the effect on laboratory test accuracy of errors in each of the
components of the clinical testing process, including the communication
between the attending physician and the clinical laboratory which is to
conduct the tests, the selection of the tests to be performed, the
limits applicable to the tests selected, the acquisition of the material
to be tested, the transportation of the material to the laboratory, the
storage of the material by the laboratory, the analysis of the material
by the laboratory, and the reporting of the results by the laboratory.
''(b) Report. -- Not later than May 1, 1990, the Secretary shall
report to the Congress the results of the studies conducted under
subsection (a).''
/1/ So in original. Probably should be ''by the''.
/2/ So in original. Probably should be ''proficiency''.
/3/ So in original. Probably should be ''require it to''.
/4/ So in original. Probably should be followed by a period.
42 USC subpart 3 -- electronic product radiation control (transferred)
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Subpart 3 of part F of title III of the Public Health Service Act,
comprising this subpart, was renumbered subchapter C of chapter V of the
Federal Food, Drug, and Cosmetic Act, by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to part C ( 360gg et
seq.) of subchapter V of chapter 9 of Title 21, Food and Drugs.
42 USC 263b. Repealed and Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title III, 354, as added Oct.
18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1173, and amended, which set
forth Congressional declaration of purpose, was repealed by Pub. L.
101-629, 19(a)(3), Nov. 28, 1990, 104 Stat. 4530, then renumbered
section 530 of the Federal Food, Drug, and Cosmetic Act by Pub. L.
101-629, 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is classified
to section 360gg of Title 21, Food and Drugs.
42 USC 263c to 263n. Transferred
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 263c, act July 1, 1944, ch. 373, title III, 355, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1174, and amended,
which defined terms for purposes of this subpart, was renumbered section
531 of the Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629,
19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is classified to section
360hh of Title 21, Food and Drugs.
Section 263d, act July 1, 1944, ch. 373, title III, 356, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1174, and amended,
which provided program of control, was renumbered section 532 of the
Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to section 360ii of
Title 21.
Section 263e, act July 1, 1944, ch. 373, title III, 357, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1176, and amended,
which related to studies by Secretary, was renumbered section 533 of the
Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to section 360jj of
Title 21.
Section 263f, act July 1, 1944, ch. 373, title III, 358, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1177, and amended,
which related to performance standards for electronic products, was
renumbered section 534 of the Federal Food, Drug, and Cosmetic Act by
Pub. L. 101-629, 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is
classified to section 360kk of Title 21.
Section 263g, act July 1, 1944, ch. 373, title III, 359, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1180, and amended,
which related to notification of defects in and repair or replacement of
electronic products, was renumbered section 535 of the Federal Food,
Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4), Nov. 28, 1990,
104 Stat. 4530, and is classified to section 360ll of Title 21.
Section 263h, act July 1, 1944, ch. 373, title III, 360, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1181, and amended,
which related to importation of electronic products, was renumbered
section 536 of the Federal Food, Drug, and Cosmetic Act by Pub. L.
101-629, 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is classified
to section 360mm of Title 21.
Section 263i, act July 1, 1944, ch. 373, title III, 360A, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1182, and amended,
which related to inspection, records, and reports, was renumbered
section 537 of the Federal Food, Drug, and Cosmetic Act by Pub. L.
101-629, 19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is classified
to section 360nn of Title 21.
Section 263j, act July 1, 1944, ch. 373, title III, 360B, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1184, and amended,
which related to prohibited acts, was renumbered section 538 of the
Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to section 360oo of
Title 21.
Section 263k, act July 1, 1944, ch. 373, title III, 360C, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1184, and amended,
which related to enforcement, was renumbered section 539 of the Federal
Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4), Nov. 28,
1990, 104 Stat. 4530, and is classified to section 360pp of Title 21.
Section 263l, act July 1, 1944, ch. 373, title III, 360D, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1185, and amended,
which related to annual reports, was renumbered section 540 of the
Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to section 360qq of
Title 21.
Section 263m, act July 1, 1944, ch. 373, title III, 360E, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1186, and amended,
which related to Federal-State cooperation, was renumbered section 541
of the Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629,
19(a)(4), Nov. 28, 1990, 104 Stat. 4530, and is classified to section
360rr of Title 21.
Section 263n, act July 1, 1944, ch. 373, title III, 360F, as added
Oct. 18, 1968, Pub. L. 90-602, 2(3), 82 Stat. 1186, and amended,
which related to State standards, was renumbered section 542 of the
Federal Food, Drug, and Cosmetic Act by Pub. L. 101-629, 19(a)(4),
Nov. 28, 1990, 104 Stat. 4530, and is classified to section 360ss of
Title 21.
42 USC Part G -- Quarantine and Inspection
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 264. Regulations to control communicable diseases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Promulgation and enforcement by Surgeon General
The Surgeon General, with the approval of the Secretary, is
authorized to make and enforce such regulations as in his judgment are
necessary to prevent the introduction, transmission, or spread of
communicable diseases from foreign countries into the States or
possessions, or from one State or possession into any other State or
possession. For purposes of carrying out and enforcing such
regulations, the Surgeon General may provide for such inspection,
fumigation, disinfection, sanitation, pest extermination, destruction of
animals or articles found to be so infected or contaminated as to be
sources of dangerous infection to human beings, and other measures, as
in his judgment may be necessary.
(b) Apprehension, detention, or conditional release of individuals
Regulations prescribed under this section shall not provide for the
apprehension, detention, or conditional release of individuals except
for the purpose of preventing the introduction, transmission, or spread
of such communicable diseases as may be specified from time to time in
Executive orders of the President upon the recommendation of the
National Advisory Health Council and the Surgeon General.
(c) Application of regulations to persons entering from foreign
countries
Except as provided in subsection (d) of this section, regulations
prescribed under this section, insofar as they provide for the
apprehension, detention, examination, or conditional release of
individuals, shall be applicable only to individuals coming into a State
or possession from a foreign country or a possession.
(d) Apprehension and examination of persons reasonably believed to be
infected
On recommendation of the National Advisory Health Council,
regulations prescribed under this section may provide for the
apprehension and examination of any individual reasonably believed to be
infected with a communicable disease in a communicable stage and (1) to
be moving or about to move from a State to another State; or (2) to be
a probable source of infection to individuals who, while infected with
such disease in a communicable stage, will be moving from a State to
another State. Such regulations may provide that if upon examination
any such individual is found to be infected, he may be detained for such
time and in such manner as may be reasonably necessary. For purposes of
this subsection, the term ''State'' includes, in addition to the several
States, only the District of Columbia.
(July 1, 1944, ch. 373, title III, 361, 58 Stat. 703; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
July 12, 1960, Pub. L. 86-624, 29(c), 74 Stat. 419; June 23, 1976,
Pub. L. 94-317, title III, 301(b)(1), 90 Stat. 707.)
1976 -- Subsec. (d). Pub. L. 94-317 inserted provision defining
''State'' to include, in addition to the several States, only the
District of Columbia.
1960 -- Subsec. (c). Pub. L. 86-624 struck out reference to
Territory of Hawaii.
Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section
47(f) of Pub. L. 86-624, set out as a note under section 645 of Title
20, Education.
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.
Ex. Ord. No. 12452, Dec. 22, 1983, 48 F.R. 56927, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Section 264(b) of Title
42 of the United States Code, it is hereby ordered as follows:
Section 1. Based upon the recommendation of the National Advisory
Health Council and the Assistant Secretary for Health of the Department
of Health and Human Services, and for the purposes of specifying certain
communicable diseases for regulations providing for the apprehension,
detention, or conditional release of individuals to prevent the
introduction, transmission, or spread of communicable diseases, the
following named communicable diseases are hereby specified pursuant to
Section 264(b) of Title 42 of the United States Code: Cholera or
suspected Cholera, Diphtheria, infectious Tuberculosis, Plague,
suspected Smallpox, Yellow Fever, and suspected Viral Hemorrhagic Fevers
(Lassa, Marburg, Ebola, Congo-Crimean, and others not yet isolated or
named).
Sec. 2. Executive Order No. 9708 of March 26, 1946, Executive Order
No. 10532 of May 28, 1954, and Executive Order No. 11070 of December
12, 1962, are hereby revoked.
Ronald Reagan.
Compliance with State laws, see section 97 of this title.
Removal of revenue officers, during epidemics, see section 112 of
this title.
42 USC 265. Suspension of entries and imports from designated places
to prevent spread of communicable diseases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Whenever the Surgeon General determines that by reason of the
existence of any communicable disease in a foreign country there is
serious danger of the introduction of such disease into the United
States, and that this danger is so increased by the introduction of
persons or property from such country that a suspension of the right to
introduce such persons and property is required in the interest of the
public health, the Surgeon General, in accordance with regulations
approved by the President, shall have the power to prohibit, in whole or
in part, the introduction of persons and property from such countries or
places as he shall designate in order to avert such danger, and for such
period of time as he may deem necessary for such purpose.
(July 1, 1944, ch. 373, title III, 362, 58 Stat. 704.)
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.
42 USC 266. Special quarantine powers in time of war
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To protect the military and naval forces and war workers of the
United States, in time of war, against any communicable disease
specified in Executive orders as provided in subsection (b) of section
264 of this title, the Surgeon General, on recommendation of the
National Advisory Health Council, is authorized to provide by
regulations for the apprehension and examination, in time of war, of any
individual reasonably believed (1) to be infected with such disease in a
communicable stage and (2) to be a probable source of infection to
members of the armed forces of the United States or to individuals
engaged in the production or transportation of arms, munitions, ships,
food, clothing, or other supplies for the armed forces. Such
regulations may provide that if upon examination any such individual is
found to be so infected, he may be detained for such time and in such
manner as may be reasonably necessary.
(July 1, 1944, ch. 373, title III, 363, 58 Stat. 704.)
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.
Joint Res. July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that
in the interpretation of this section, 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 Sept. 8, 1939, and May 27, 1941.
42 USC 267. Quarantine stations, grounds, and anchorages
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Control and management
Except as provided in title II of the Act of June 15, 1917, as
amended (50 U.S.C. 191 et seq.), the Surgeon General shall control,
direct, and manage all United States quarantine stations, grounds, and
anchorages, designate their boundaries, and designate the quarantine
officers to be in charge thereof. With the approval of the President he
shall from time to time select suitable sites for and establish such
additional stations, grounds, and anchorages in the States and
possessions of the United States as in his judgment are necessary to
prevent the introduction of communicable diseases into the States and
possessions of the United States.
(b) Hours of inspection
The Surgeon General shall establish the hours during which quarantine
service shall be performed at each quarantine station, and, upon
application by any interested party, may establish quarantine inspection
during the twenty-four hours of the day, or any fraction thereof, at
such quarantine stations as, in his opinion, require such extended
service. He may restrict the performance of quarantine inspection to
hours of daylight for such arriving vessels as cannot, in his opinion,
be satisfactorily inspected during hours of darkness. No vessel shall
be required to undergo quarantine inspection during the hours of
darkness, unless the quarantine officer at such quarantine station shall
deem an immediate inspection necessary to protect the public health.
Uniformity shall not be required in the hours during which quarantine
inspection may be obtained at the various ports of the United States.
(c) Overtime pay for employees of Service
The Surgeon General shall fix a reasonable rate of extra compensation
for overtime services of employees of the United States Public Health
Service, Foreign Quarantine Division, performing overtime duties
including the operation of vessels, in connection with the inspection or
quarantine treatment of persons (passengers and crews), conveyances, or
goods arriving by land, water, or air in the United States or any place
subject to the jurisdiction thereof, hereinafter referred to as
''employees of the Public Health Service'', when required to be on duty
between the hours of 6 o'clock postmeridian and 6 o'clock antemeridian
(or between the hours of 7 o'clock postmeridian and 7 o'clock
antemeridian at stations which have a declared workday of from 7 o'clock
antemeridian to 7 o'clock postmeridian), or on Sundays or holidays, such
rate, in lieu of compensation under any other provision of law, to be
fixed at two times the basic hourly rate for each hour that the overtime
extends beyond 6 o'clock (or 7 o'clock as the case may be) postmeridian,
and two times the basic hourly rate for each overtime hour worked on
Sundays or holidays. As used in this subsection, the term ''basic
hourly rate'' shall mean the regular basic rate of pay which is
applicable to such employees for work performed within their regular
scheduled tour of duty.
(d) Payment of extra compensation to United States; bond or deposit
to assure payment; deposit of moneys to credit of appropriation
(1) The said extra compensation shall be paid to the United States by
the owner, agent, consignee, operator, or master or other person in
charge of any conveyance, for whom, at his request, services as
described in this subsection (hereinafter referred to as overtime
service) are performed. If such employees have been ordered to report
for duty and have so reported, and the requested services are not
performed by reason of circumstances beyond the control of the employees
concerned, such extra compensation shall be paid on the same basis as
though the overtime services had actually been performed during the
period between the time the employees were ordered to report for duty
and did so report, and the time they were notified that their services
would not be required, and in any case as though their services had
continued for not less than one hour. The Surgeon General with the
approval of the Secretary of Health and Human Services may prescribe
regulations requiring the owner, agent, consignee, operator, or master
or other person for whom the overtime services are performed to file a
bond in such amounts and containing such conditions and with such
sureties, or in lieu of a bond, to deposit money or obligations of the
United States in such amount, as will assure the payment of charges
under this subsection, which bond or deposit may cover one or more
transactions or all transactions during a specified period: Provided,
That no charges shall be made for services performed in connection with
the inspection of (1) persons arriving by international highways,
ferries, bridges, or tunnels, or the conveyances in which they arrive,
or (2) persons arriving by aircraft or railroad trains, the operations
of which are covered by published schedules, or the aircraft or trains
in which they arrive, or (3) persons arriving by vessels operated
between Canadian ports and ports on Puget Sound or operated on the Great
Lakes and connecting waterways, the operations of which are covered by
published schedules, or the vessels in which they arrive.
(2) Moneys collected under this subsection shall be deposited in the
Treasury of the United States to the credit of the appropriation charged
with the expense of the services, and the appropriations so credited
shall be available for the payment of such compensation to the said
employees for services so rendered.
(July 1, 1944, ch. 373, title III, 364, 58 Stat. 704; June 21,
1957, Pub. L. 85-58, ch. VII, 701, 71 Stat. 181; Aug. 1, 1958, Pub.
L. 85-580, title II, 201, 72 Stat. 467; Oct. 17, 1979, Pub. L. 96-88,
title V, 509(b), 93 Stat. 695.)
1958 -- Subsec. (c). Pub. L. 85-580 increased rate of pay for each
hour that overtime extends beyond 6 o'clock (or 7 o'clock as the case
may be) postmeridian from one and one-half times the basic hourly rate
to two times the basic hourly rate.
1957 -- Subsecs. (c), (d). Pub. L. 85-58 added subsecs. (c) and
(d).
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (d) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
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.
Functions of President delegated to Secretary of Health 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.
42 USC 268. Quarantine duties of consular and other officers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Any consular or medical officer of the United States, designated
for such purpose by the Secretary, shall make reports to the Surgeon
General, on such forms and at such intervals as the Surgeon General may
prescribe, of the health conditions at the port or place at which such
officer is stationed.
(b) It shall be the duty of the customs officers and of Coast Guard
officers to aid in the enforcement of quarantine rules and regulations;
but no additional compensation, except actual and necessary traveling
expenses, shall be allowed any such officer by reason of such services.
(July 1, 1944, ch. 373, title III, 365, 58 Stat. 705; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
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.
Reference to Secretary of Health, Education, and Welfare substituted
for reference to Federal Security Administrator pursuant to section 5 of
Reorg. Plan No. 1, of 1953, set out as a note under section 3501 of
this title, which transferred functions of Federal Security
Administrator to Secretary of Health, Education, and Welfare and all
agencies of Federal Security Agency to Department of Health, Education,
and Welfare. 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.
42 USC 269. Bills of health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Detail of medical officer; conditions precedent to issuance;
consular officer to receive fees
Except as otherwise prescribed in regulations, any vessel at any
foreign port or place clearing or departing for any port or place in a
State or possession shall be required to obtain from the consular
officer of the United States or from the Public Health Service officer,
or other medical officer of the United States designated by the Surgeon
General, at the port or place of departure, a bill of health in
duplicate, in the form prescribed by the Surgeon General. The
President, from time to time, shall specify the ports at which a medical
officer shall be stationed for this purpose. Such bill of health shall
set forth the sanitary history and condition of said vessel, and shall
state that it has in all respects complied with the regulations
prescribed pursuant to subsection (c) of this section. Before granting
such duplicate bill of health, such consular or medical officer shall be
satisfied that the matters and things therein stated are true. The
consular officer shall be entitled to demand and receive the fees for
bills of health and such fees shall be established by regulation.
(b) Collectors of customs to receive originals; duplicate copies as
part of ship's papers
Original bills of health shall be delivered to the collectors of
customs at the port of entry. Duplicate copies of such bills of health
shall be delivered at the time of inspection to quarantine officers at
such port. The bills of health herein prescribed shall be considered as
part of the ship's papers, and when duly certified to by the proper
consular or other officer of the United States, over his official
signature and seal, shall be accepted as evidence of the statements
therein contained in any court of the United States.
(c) Regulations to secure sanitary conditions of vessels
The Surgeon General shall from time to time prescribe regulations,
applicable to vessels referred to in subsection (a) of this section for
the purpose of preventing the introduction into the States or
possessions of the United States of any communicable disease by securing
the best sanitary condition of such vessels, their cargoes, passengers,
and crews. Such regulations shall be observed by such vessels prior to
departure, during the course of the voyage, and also during inspection,
disinfection, or other quarantine procedure upon arrival at any United
States quarantine station.
(d) Vessels from ports near frontier
The provisions of subsections (a) and (b) of this section shall not
apply to vessels plying between such foreign ports on or near the
frontiers of the United States and ports of the United States as are
designated by treaty.
(e) Compliance with regulations
It shall be unlawful for any vessel to enter any port in any State or
possession of the United States to discharge its cargo, or land its
passengers, except upon a certificate of the quarantine officer that
regulations prescribed under subsection (c) of this section have in all
respects been complied with by such officer, the vessel, and its master.
The master of every such vessel shall deliver such certificate to the
collector of customs at the port of entry, together with the original
bill of health and other papers of the vessel. The certificate required
by this subsection shall be procurable from the quarantine officer, upon
arrival of the vessel at the quarantine station and satisfactory
inspection thereof, at any time within which quarantine services are
performed at such station.
(July 1, 1944, ch. 373, title III, 366, 58 Stat. 705.)
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.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise of Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by the President with the advice and consent of the Senate ordered
abolished, with such offices to be terminated not later than December
31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R.
7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government
Organization and Employees. All functions of offices eliminated were
already vested in Secretary of the Treasury by Reorg. Plan No. 26 of
1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the
Appendix to Title 5.
42 USC 270. Quarantine regulations governing civil air navigation and
civil aircraft
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Surgeon General is authorized to provide by regulations for the
application to air navigation and aircraft of any of the provisions of
sections 267 to 269 of this title and regulations prescribed thereunder
(including penalties and forfeitures for violations of such sections and
regulations), to such extent and upon such conditions as he deems
necessary for the safeguarding of the public health.
(July 1, 1944, ch. 373, title III, 367, 58 Stat. 706.)
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.
42 USC 271. Penalties for violation of quarantine laws
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Penalties for persons violating quarantine laws
Any person who violates any regulation prescribed under sections 264
to 266 of this title, or any provision of section 269 of this title or
any regulation prescribed thereunder, or who enters or departs from the
limits of any quarantine station, ground, or anchorage in disregard of
quarantine rules and regulations or without permission of the quarantine
officer in charge, shall be punished by a fine of not more than $1,000
or by imprisonment for not more than one year, or both.
(b) Penalties for vessels violating quarantine laws
Any vessel which violates section 269 of this title, or any
regulations thereunder or under section 267 of this title, or which
enters within or departs from the limits of any quarantine station,
ground, or anchorage in disregard of the quarantine rules and
regulations or without permission of the officer in charge, shall
forfeit to the United States not more than $5,000, the amount to be
determined by the court, which shall be a lien on such vessel, to be
recovered by proceedings in the proper district court of the United
States. In all such proceedings the United States attorney shall appear
on behalf of the United States; and all such proceedings shall be
conducted in accordance with the rules and laws governing cases of
seizure of vessels for violation of the revenue laws of the United
States.
(c) Remittance or mitigation of forfeitures
With the approval of the Secretary, the Surgeon General may, upon
application therefor, remit or mitigate any forfeiture provided for
under subsection (b) of this section, and he shall have authority to
ascertain the facts upon all such applications.
(July 1, 1944, ch. 373, title III, 368, 58 Stat. 706; June 25,
1948, ch. 646, 1, 62 Stat. 909; 1953 Reorg. Plan No. 1, 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorney'' for ''United States district attorney''. See section 541 of
Title 28, Judiciary and Judicial Procedure, and Historical and Revision
note thereunder.
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.
42 USC 272. Administration of oaths by quarantine officers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Medical officers of the United States, when performing duties as
quarantine officers at any port or place within the United States, are
authorized to take declarations and administer oaths in matters
pertaining to the administration of the quarantine laws and regulations
of the United States.
(July 1, 1944, ch. 373, title III, 369, 58 Stat. 706.)
42 USC Part H -- Organ Transplants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A prior part H, which related to grants to Alaska for mental health,
was omitted in the general revision of part H by Pub. L. 98-507, title
II, 201, Oct. 19, 1984, 98 Stat. 2342.
Another prior part H, entitled ''National Library of Medicine'', as
added by act Aug. 3, 1956, ch. 907, 70 Stat. 960, was redesignated
part I and it is classified to section 275 et seq. of this title.
42 USC 273. Organ procurement organizations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grant authority of Secretary
(1) The Secretary may make grants for the planning of qualified organ
procurement organizations described in subsection (b) of this section.
(2) The Secretary may make grants for the establishment, initial
operation, consolidation, and expansion of qualified organ procurement
organizations described in subsection (b) of this section.
(3) The Secretary may make grants to, and enter into contracts with,
qualified organ procurement organizations described in subsection (b) of
this section and other nonprofit private entities for the purpose of
carrying out special projects designed to increase the number of organ
donors.
(b) Qualified organizations
(1) A qualified organ procurement organization for which grants may
be made under subsection (a) of this section is an organization which,
as determined by the Secretary, will carry out the functions described
in paragraph (2) /1/ and --
(A) is a nonprofit entity,
(B) has accounting and other fiscal procedures (as specified by the
Secretary) necessary to assure the fiscal stability of the organization,
(C) has an agreement with the Secretary to be reimbursed under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for the
procurement of kidneys,
(D) has procedures to obtain payment for non-renal organs provided to
transplant centers,
(E) has a defined service area that is of sufficient size to assure
maximum effectiveness in the procurement and equitable distribution of
organs, and that either includes an entire metropolitan statistical area
(as specified by the Director of the Office of Management and Budget) or
does not include any part of the area,
(F) has a director and such other staff, including the organ donation
coordinators and organ procurement specialists necessary to effectively
obtain organs from donors in its service area, and
(G) has a board of directors or an advisory board which --
(i) is composed of --
(I) members who represent hospital administrators, intensive care or
emergency room personnel, tissue banks, and voluntary health
associations in its service area,
(II) members who represent the public residing in such area,
(III) a physician with knowledge, experience, or skill in the field
of histocompatability /2/ or an individual with a doctorate degree in a
biological science with knowledge, experience, or skill in the field of
histocompatibility,
(IV) a physician with knowledge or skill in the field of neurology,
and
(V) from each transplant center in its service area which has
arrangements described in paragraph (2)(G) /1/ with the organization, a
member who is a surgeon who has practicing privileges in such center and
who performs organ transplant surgery,
(ii) has the authority to recommend policies for the procurement of
organs and the other functions described in paragraph (2), /1/ and
(iii) has no authority over any other activity of the organization.
(2)(A) Not later than 90 days after November 16, 1990, the Secretary
shall publish in the Federal Register a notice of proposed rulemaking to
establish criteria for determining whether an entity meets the
requirement established in paragraph (1)(E).
(B) Not later than 1 year after November 16, 1990, the Secretary
shall publish in the Federal Register a final rule to establish the
criteria described in subparagraph (A).
(3) An organ procurement organization shall --
(A) have effective agreements, to identify potential organ donors,
with a substantial majority of the hospitals and other health care
entities in its service area which have facilities for organ donations,
(B) conduct and participate in systematic efforts, including
professional education, to acquire all useable organs from potential
donors,
(C) arrange for the acquisition and preservation of donated organs
and provide quality standards for the acquisition of organs which are
consistent with the standards adopted by the Organ Procurement and
Transplantation Network under section 274(b)(2)(E) of this title,
including arranging for testing with respect to preventing the
acquisition of organs that are infected with the etiologic agent for
acquired immune deficiency syndrome,
(D) arrange for the appropriate tissue typing of donated organs,
(E) have a system to allocate donated organs equitably among
transplant patients according to established medical criteria,
(F) provide or arrange for the transportation of donated organs to
transplant centers,
(G) have arrangements to coordinate its activities with transplant
centers in its service area,
(H) participate in the Organ Procurement Transplantation Network
established under section 274 of this title,
(I) have arrangements to cooperate with tissue banks for the
retrieval, processing, preservation, storage, and distribution of
tissues as may be appropriate to assure that all useable tissues are
obtained from potential donors,
(J) evaluate annually the effectiveness of the organization in
acquiring potentially available organs, and
(K) assist hospitals in establishing and implementing protocols for
making routine inquiries about organ donations by potential donors.
(July 1, 1944, ch. 373, title III, 371, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2342, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 402(a), (c)(1), (2), (d), 102 Stat. 3114, 3115;
Nov. 16, 1990, Pub. L. 101-616, title II, 201(a)-(c)(1), (d), (e),
206(b), 104 Stat. 3283, 3285.)
Paragraph (2), referred to in subsec. (b)(1), meaning paragraph (2)
of subsec. (b) of this section, was redesignated paragraph (3) by
section 201(d)(1) of Pub. L. 101-616. See 1990 Amendment note below.
The Social Security Act, referred to in subsec. (b)(1)(C), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the
Social Security Act is classified generally to subchapter XVIII ( 1395
et seq.) of chapter 7 of this title. For complete classification of
this Act to the Code, see section 1305 of this title and Tables.
A prior section 273, act July 1, 1944, ch. 373, title III, 371, as
added July 28, 1956, ch. 772, title II, 201, 70 Stat. 709, which
authorized grants to the Territory of Alaska for an integrated mental
health program, was repealed effective July 1, 1959, by Pub. L. 86-70,
31(b)(1), June 25, 1959, 73 Stat. 148.
A prior section 371 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 907, 1, 70 Stat. 960, which was renumbered section 381 and
classified to section 275 of this title, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Pub. L. 101-616, 201(a), substituted ''Organ procurement
organizations'' for ''Assistance for organ procurement organizations''
in section catchline.
Subsec. (a)(3). Pub. L. 101-616, 201(b)(1), substituted ''may make
grants to, and enter into contracts with, qualified organ procurement
organizations described in subsection (b) of this section and other
nonprofit private entities for the purpose of carrying out special
projects'' for ''may make grants for special projects''.
Subsec. (a)(4). Pub. L. 101-616, 201(b)(2), struck out par. (4)
which set forth factors to consider in making grants.
Subsec. (b)(1)(E). Pub. L. 101-616, 201(c)(1), amended subpar. (E)
generally. Prior to amendment, subpar. (E) read as follows: ''has a
defined service area which is a geographical area of sufficient size
such that (unless the service area comprises an entire State) the
organization can reasonably expect to procure organs from not less than
50 donors each year and which either includes an entire standard
metropolitan statistical area (as specified by the Office of Management
and Budget) or does not include any part of such an area,''.
Subsec. (b)(1)(G)(i)(III). Pub. L. 101-616, 201(e), made technical
correction to Pub. L. 100-607, 402(c)(2). See 1988 Amendment note
below.
Subsec. (b)(2), (3). Pub. L. 101-616, 201(d), added par. (2) and
redesignated former par. (2) as (3).
Subsec. (c). Pub. L. 101-616, 206(b), struck out subsec. (c) which
authorized appropriations for subsec. (a) grants for fiscal years 1988
through 1990.
1988 -- Subsec. (a)(2). Pub. L. 100-607, 402(a)(1), inserted
''consolidation,'' after ''initial operation,''.
Subsec. (a)(3). Pub. L. 100-607, 402(a)(2), added par. (3). Former
par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 100-607, 402(a)(2), redesignated former par.
(3) as (4).
Subsec. (a)(4)(C). Pub. L. 100-607, 402(a)(3), added subpar. (C).
Subsec. (b)(1)(E). Pub. L. 100-607, 402(c)(1)(A), substituted ''size
such that'' for ''size which'', and ''the organization can reasonably
expect to procure organs from not less than 50 donors each year'' for
''will include at least fifty potential organ donors each year''.
Subsec. (b)(1)(G)(i)(III). Pub. L. 100-607, 402(c)(2), as amended by
Pub. L. 101-616, 201(e), inserted ''or an individual with a doctorate
degree in a biological science with knowledge, experience, or skill in
the field of histocompatibility'' before comma at end.
Subsec. (b)(2)(C). Pub. L. 100-607, 402(c)(1)(B), substituted
''274(b)(2)(E) of this title, including arranging for testing with
respect to preventing the acquisition of organs that are infected with
the etiologic agent for acquired immune deficiency syndrome,'' for
''274(b)(2)(D) of this title,''.
Subsec. (b)(2)(E). Pub. L. 100-607, 402(c)(1)(C), substituted
''organs equitably among transplant patients'' for ''organs among
transplant centers and patients''.
Subsec. (b)(2)(K). Pub. L. 100-607, 402(c)(1)(D), added subpar.
(K).
Subsec. (c). Pub. L. 100-607, 402(d), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''For
grants under subsection (a) of this section there are authorized to be
appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year
1986, and $12,000,000 for fiscal year 1987.''
Section 207 of title II of Pub. L. 101-616 provided that: ''Except
as otherwise provided in this title, the amendments made by this title
(enacting sections 274f and 274g of this title, amending this section
and sections 274 and 274b to 274d of this title, and repealing
provisions set out as a note below) shall become effective on October 1,
1990, or on the date of the enactment of this Act (Nov. 16, 1990),
whichever occurs later.''
Section 402(c)(3) of Pub. L. 100-607, as amended by Pub. L.
101-274, Apr. 23, 1990, 104 Stat. 139, which provided that the
amendment made by section 402(c)(1)(A) of Pub. L. 100-607, amending
this section, was not to apply to an organ procurement organization
designated under section 1320b-8(b) of this title until Jan. 1, 1992,
was repealed by Pub. L. 101-616, title II, 201(c)(2), Nov. 16, 1990,
104 Stat. 3283.
For short title of Pub. L. 98-507, which enacted this part as the
''National Organ Transplant Act'', see section 1 of Pub. L. 98-507, set
out as a Short Title of 1984 Amendments note under section 201 of this
title.
Section 301 of Pub. L. 101-616 provided that: ''If any provision of
this Act (enacting sections 274f, 274g, 274k, and 274l of this title,
amending this section and sections 274 to 274d of this title, enacting
provisions set out as notes under this section and sections 274 and 274k
of this title, and repealing provisions set out as a note above),
amendment made by this Act, or application of the provision or amendment
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and the
application of the provisions or amendments to any person or
circumstance shall not be affected.''
Pub. L. 98-507, title I, 101-105, Oct. 19, 1984, 98 Stat.
2339-2342, required Secretary of Health and Human Services, not later
than 90 days after Oct. 19, 1984, to establish a Task Force on Organ
Transplantation to conduct comprehensive examinations, prepare an
assessment and report, and submit advice as to regulation of the
medical, legal, ethical, economic, and social issues presented by human
organ procurement and transplantation, with the final report due not
later than 12 months after the Task Force is established and the Task
Force to terminate 3 months thereafter.
Section 401 of Pub. L. 98-507 provided that:
''(a) Not later than nine months after the date of enactment of this
Act (Oct. 19, 1984), the Secretary of Health and Human Services shall
hold a conference on the feasibility of establishing and the
effectiveness of a national registry of voluntary bone marrow donors.
''(b) If the conference held under subsection (a) finds that it is
feasible to establish a national registry of voluntary donors of bone
marrow and that such a registry is likely to be effective in matching
donors with recipients, the Secretary of Health and Human Services,
acting through the Assistant Secretary for Health, shall, for purposes
of the study under subsection (c), establish a registry of voluntary
donors of bone marrow. The Secretary shall assure that --
''(1) donors of bone marrow listed in the registry have given an
informed consent to the donation of the bone marrow; and
''(2) the names of the donors in the registry are kept confidential
and access to the names and any other information in the registry is
restricted to personnel who need the information to maintain and
implement the registry, except that access to such other information
shall be provided for purposes of the study under subsection (c).
If the conference held under subsection (a) makes the finding
described in this subsection, the Secretary shall establish the registry
not later than six months after the completion of the conference.
''(c) The Secretary of Health and Human Services, acting through the
Assistant Secretary for Health, shall study the establishment and
implementation of the registry under subsection (b) to identify the
issues presented by the establishment of such a registry, to evaluate
participation of bone marrow donors, to assess the implementation of the
informed consent and confidentiality requirements, and to determine if
the establishment of a permanent bone marrow registry is needed and
appropriate. The Secretary shall report the results of the study to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate not later than two
years after the date the registry is established under subsection (b).''
/1/ See References in Text note below.
/2/ So in original. Probably should be ''histocompatibility''.
42 USC 274. Organ procurement and transplantation network
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Contract authority of Secretary; limitation; available
appropriations
The Secretary shall by contract provide for the establishment and
operation of an Organ Procurement and Transplantation Network which
meets the requirements of subsection (b) of this section. The amount
provided under such contract in any fiscal year may not exceed
$2,000,000. Funds for such contracts shall be made available from funds
available to the Public Health Service from appropriations for fiscal
years beginning after fiscal year 1984.
(b) Functions
(1) The Organ Procurement and Transplantation Network shall carry out
the functions described in paragraph (2) and shall --
(A) be a private nonprofit entity that has an expertise in organ
procurement and transplantation, and
(B) have a board of directors --
(i) that includes representatives of organ procurement organizations
(including organizations that have received grants under section 273 of
this title), transplant centers, voluntary health associations, and the
general public; and
(ii) that shall establish an executive committee and other
committees, whose chairpersons shall be selected to ensure continuity of
leadership for the board.
(2) The Organ Procurement and Transplantation Network shall --
(A) establish in one location or through regional centers --
(i) a national list of individuals who need organs, and
(ii) a national system, through the use of computers and in
accordance with established medical criteria, to match organs and
individuals included in the list, especially individuals whose immune
system makes it difficult for them to receive organs,
(B) establish membership criteria and medical criteria for allocating
organs and provide to members of the public an opportunity to comment
with respect to such criteria,
(C) maintain a twenty-four-hour telephone service to facilitate
matching organs with individuals included in the list,
(D) assist organ procurement organizations in the nationwide
distribution of organs equitably among transplant patients,
(E) adopt and use standards of quality for the acquisition and
transportation of donated organs, including standards for preventing the
acquisition of organs that are infected with the etiologic agent for
acquired immune deficiency syndrome,
(F) prepare and distribute, on a regionalized basis (and, to the
extent practicable, among regions or on a national basis), samples of
blood sera from individuals who are included on the list and whose
immune system makes it difficult for them to receive organs, in order to
facilitate matching the compatibility of such individuals with organ
donors,
(G) coordinate, as appropriate, the transportation of organs from
organ procurement organizations to transplant centers,
(H) provide information to physicians and other health professionals
regarding organ donation,
(I) collect, analyze, and publish data concerning organ donation and
transplants,
(J) carry out studies and demonstration projects for the purpose of
improving procedures for organ procurement and allocation, and /1/
(K) work actively to increase the supply of donated organs. /2/
(L) submit to the Secretary an annual report containing information
on the comparative costs and patient outcomes at each transplant center
affiliated with the organ procurement and transplantation network.
(c) Consideration of critical comments
The Secretary shall establish procedures for --
(1) receiving from interested persons critical comments relating to
the manner in which the Organ Procurement and Transplantation Network is
carrying out the duties of the Network under subsection (b) of this
section; and
(2) the consideration by the Secretary of such critical comments.
(July 1, 1944, ch. 373, title III, 372, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2344, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 403, 102 Stat. 3115; Nov. 16, 1990, Pub. L.
101-616, title II, 202(a)-(c), 104 Stat. 3283, 3284.)
A prior section 274, act July 1, 1944, ch. 373, title III, 372, as
added July 28, 1956, ch. 772, title II, 201, 70 Stat. 710, and
amended June 25, 1959, Pub. L. 86-70, 31(b)(2)-(4), 73 Stat. 148,
which related to grants to Alaska for a mental health program and
payment for construction of hospital facilities, was omitted in the
general revision of this part by section 201 of Pub. L. 98-507.
Another section 372 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 941, 1, 70 Stat. 960, and relating to the functions of the
National Library of Medicine, which was renumbered section 382 and
classified to section 276 of this title, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Subsec. (b)(1)(A). Pub. L. 101-616, 202(a)(1), substituted
''that has an expertise in organ procurement and transplantation'' for
''which is not engaged in any activity unrelated to organ procurement''.
Subsec. (b)(1)(B). Pub. L. 101-616, 202(a)(2), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''have a
board of directors which includes representatives of organ procurement
organizations (including organizations which have received grants under
section 273 of this title), transplant centers, voluntary health
associations, and the general public.''
Subsec. (b)(2)(D). Pub. L. 101-616, 202(b)(1), inserted
''nationwide'' after ''organizations in the'' and ''equitably among
transplant patients'' after ''organs''.
Subsec. (b)(2)(F). Pub. L. 101-616, 202(c), substituted
''compatibility'' for ''compatability''.
Subsec. (b)(2)(K), (L). Pub. L. 101-616, 202(b)(2)-(4), added
subpars. (K) and (L).
1988 -- Subsec. (b)(2)(B), (C). Pub. L. 100-607, 403(a)(1), added
subpar. (B) and redesignated former subpars. (B) and (C) as (C) and
(D), respectively.
Subsec. (b)(2)(D). Pub. L. 100-607, 403(a)(1), (2), redesignated
former subpar. (C) as (D) and substituted ''organs'' for ''organs which
cannot be placed within the service areas of the organizations''.
Former subpar. (D) redesignated (E).
Subsec. (b)(2)(E). Pub. L. 100-607, 403(a)(1), (3), redesignated
former subpar. (D) as (E) and inserted ''including standards for
preventing the acquisition of organs that are infected with the
etiologic agent for acquired immune deficiency syndrome,'' after
''organs,''. Former subpar. (E) redesignated (F).
Subsec. (b)(2)(F). Pub. L. 100-607, 403(a)(1), (4), redesignated
former subpar. (E) as (F) and inserted ''(and, to the extent
practicable, among regions or on a national basis)'' after ''basis''.
Former subpar. (F) redesignated (G).
Subsec. (b)(2)(G) to (I). Pub. L. 100-607, 403(a)(1), redesignated
former subpars. (F) to (H) as (G) to (I), respectively.
Subsec. (b)(2)(J). Pub. L. 100-607, 403(a)(5), added subpar. (J).
Subsec. (c). Pub. L. 100-607, 403(b), added subsec. (c).
Section 202(d) of Pub. L. 101-616 provided that: ''The amendments
made by subsection (a) (amending this section) shall become effective on
December 31, 1990.''
/1/ So in original. The word ''and'' probably should not appear.
/2/ So in original. The period probably should be '', and''.
42 USC 274a. Scientific registry
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall, by grant or contract, develop and maintain a
scientific registry of the recipients of organ transplants. The
registry shall include such information respecting patients and
transplant procedures as the Secretary deems necessary to an ongoing
evaluation of the scientific and clinical status of organ
transplantation. The Secretary shall prepare for inclusion in the
report under section 274d of this title an analysis of information
derived from the registry.
(July 1, 1944, ch. 373, title III, 373, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2345, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 404, 102 Stat. 3116; Nov. 16, 1990, Pub. L.
101-616, title I, 101(b), 104 Stat. 3282.)
A prior section 373 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 907, 1, 70 Stat. 960, and relating to a Board of Regents of the
National Library of Medicine, which was renumbered section 383 and
classified to section 277 of this title, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Pub. L. 101-616 struck out ''and bone marrow registry''
after ''Scientific registry'' in section catchline and struck out
subsec. (a) designation and subsec. (b) which directed establishment
of bone marrow registry and authorized appropriations for fiscal years
1989 and 1990 for such purpose.
1988 -- Pub. L. 100-607 inserted ''and bone marrow registry'' in
section catchline, designated existing text as subsec. (a), and added
subsec. (b).
42 USC 274b. General provisions respecting grants and contracts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application requirement
No grant may be made under this part or contract entered into under
section 274 or 274a of this title unless an application therefor has
been submitted to, and approved by, the Secretary. Such an application
shall be in such form and shall be submitted in such manner as the
Secretary shall by regulation prescribe.
(b) Special considerations and priority; planning and establishment
grants
(1) A grant for planning under section 273(a)(1) of this title may be
made for one year with respect to any organ procurement organization and
may not exceed $100,000.
(2) Grants under section 273(a)(2) of this title may be made for two
years. No such grant may exceed $500,000 for any year and no organ
procurement organization may receive more than $800,000 for initial
operation or expansion.
(3) Grants or contracts under section 273(a)(3) of this title may be
made for not more than 3 years.
(c) Determination of grant amount; terms of payment; recordkeeping;
access for purposes of audits and examination of records
(1) The Secretary shall determine the amount of a grant or contract
made under section 273 or 274a of this title. Payments under such
grants and contracts may be made in advance on the basis of estimates or
by the way of reimbursement, with necessary adjustments on account of
underpayments or overpayments, and in such installments and on such
terms and conditions as the Secretary finds necessary to carry out the
purposes of such grants and contracts.
(2)(A) Each recipient of a grant or contract under section 273 or
274a of this title shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and
disposition by such recipient of the proceeds of such grant or contract,
the total cost of the undertaking in connection with which such grant or
contract was made, and the amount of that portion of the cost of the
undertaking supplied by other sources, and such other records as will
facilitate an effective audit.
(B) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipient of a grant or contract under section 273 or
274a of this title that are pertinent to such grant or contract.
(d) ''Transplant center'' and ''organ'' defined
For purposes of this part:
(1) The term ''transplant center'' means a health care facility in
which transplants of organs are performed.
(2) The term ''organ'' means the human kidney, liver, heart, lung,
pancreas, and any other human organ (other than corneas and eyes)
specified by the Secretary by regulation and for purposes of section
274a of this title, such term includes bone marrow.
(July 1, 1944, ch. 373, title III, 374, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2345, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 402(b), 102 Stat. 3114; Nov. 16, 1990, Pub. L.
101-616, title II, 203, 104 Stat. 3284.)
A prior section 374 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 907, 1, 70 Stat. 961, and relating to acceptance and
administration of gifts to the National Library of Medicine and to the
establishment of memorials to donors, which was renumbered section 384
and classified to section 278 of this title, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Subsec. (a). Pub. L. 101-616, 203(1), substituted ''No
grant may be made under this part'' for ''No grant may be made under
section 273 or 274a of this title''.
Subsec. (b). Pub. L. 101-616, 203(2), redesignated par. (2) as (1)
and substituted ''section 273(a)(1)'' for ''section 273'', struck out
former par. (1) which set forth factors in considering applications for
section 273 grants, redesignated par. (3) as (2) and substituted
''section 273(a)(2)'' for ''paragraphs (2) and (3) of section 273(a)'',
and added par. (3).
Subsec. (c). Pub. L. 101-616, 203(3), inserted ''or contract'' after
''grant'' wherever appearing and ''and contracts'' after ''grants''
wherever appearing.
1988 -- Subsec. (b)(3). Pub. L. 100-607 substituted ''paragraphs (2)
and (3) of section 273(a) of this title'' for ''section 273 of this
title for the establishment, initial operation, or expansion of organ
procurement organizations''.
42 USC 274c. Administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall designate and maintain an identifiable
administrative unit in the Public Health Service to --
(1) administer this part and coordinate with the organ procurement
activities under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.),
(2) conduct a program of public information to inform the public of
the need for organ donations,
(3) provide technical assistance to organ procurement organizations,
the Organ Procurement and Transplantation Network established under
section 274 of this title, and other entities in the health care system
involved in organ donations, procurement, and transplants, and
(4) provide information --
(i) to patients, their families, and their physicians about
transplantation; and
(ii) to patients and their families about the resources available
nationally and in each State, and the comparative costs and patient
outcomes at each transplant center affiliated with the organ procurement
and transplantation network, in order to assist the patients and
families with the costs associated with transplantation.
(July 1, 1944, ch. 373, title III, 375, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2346, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 405, 102 Stat. 3116; Nov. 16, 1990, Pub. L.
101-616, title II, 204, 104 Stat. 3285.)
The Social Security Act, referred to in par. (1), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Social
Security Act is classified generally to subchapter XVIII ( 1395 et seq.)
of chapter 7 of this title. For complete classification of this Act to
the Code, see section 1305 of this title and Tables.
A prior section 375 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 907, 1, 70 Stat. 962, and relating to definitions, which was
renumbered section 385 and classified to section 279 of this title, was
repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Pub. L. 101-616, 204(a), struck out '', during fiscal years
1985 through 1990,'' after ''The Secretary shall''.
Par. (3). Pub. L. 101-616, 204(b)(1), struck out ''receiving funds
under section 273 of this title'' after ''organ procurement
organizations''.
Par. (4). Pub. L. 101-616, 204(b)(2), amended par. (4) generally.
Prior to amendment, par. (4) read as follows: ''not later than April 1
of each of the years 1989 and 1990, submit to the Congress a report on
the status of organ donation and coordination services and include in
the report an analysis of the efficiency and effectiveness of the
procurement and allocation of organs and a description of problems
encountered in the procurement and allocation of organs.''
1988 -- Pub. L. 100-607, in introductory provisions, substituted
''1985 through 1990'' for ''1985, 1986, 1987, and 1988'' and, in par.
(4), substituted ''not later than April 1 of each of the years 1989 and
1990, submit to the Congress a report'' for ''one year after the date on
which the Task Force on Organ Transplantation transmits its final report
under section 104(c) of the National Organ Transplant Act, and annually
thereafter through fiscal year 1988, submit to Congress an annual
report''.
42 USC 274d. Report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Not later than February 10 of 1991 and of each second year
thereafter, the Secretary shall publish, and submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate. /1/ a report on the scientific
and clinical status of organ transplantation. The Secretary shall
consult with the Director of the National Institutes of Health and the
Commissioner of the Food and Drug Administration in the preparation of
the report.
(July 1, 1944, ch. 373, title III, 376, as added Oct. 19, 1984, Pub.
L. 98-507, title II, 201, 98 Stat. 2346, and amended Nov. 4, 1988, Pub.
L. 100-607, title IV, 406, 102 Stat. 3116; Nov. 16, 1990, Pub. L.
101-616, title II, 205, 104 Stat. 3285.)
A prior section 376 of act July 1, 1944, added by act Aug. 3, 1956,
ch. 907, 1, 70 Stat. 962, and relating to Library facilities, which
was renumbered section 386 and classified to section 280 of this title,
was repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1990 -- Pub. L. 101-616 substituted ''Not later than February 10 of
1991 and of each second year thereafter, the Secretary shall publish,
and submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate.'' for ''The Secretary shall, not later than October 1 of each
year, publish''.
1988 -- Pub. L. 100-607 substituted ''shall, not later than October
1 of each year,'' for ''shall annually''.
/1/ So in original. The period probably should be a comma.
42 USC 274e. Prohibition of organ purchases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Prohibition
It shall be unlawful for any person to knowingly acquire, receive, or
otherwise transfer any human organ for valuable consideration for use in
human transplantation if the transfer affects interstate commerce.
(b) Penalties
Any person who violates subsection (a) of this section shall be fined
not more than $50,000 or imprisoned not more than five years, or both.
(c) Definitions
For purposes of subsection (a) of this section:
(1) The term ''human organ'' means the human (including fetal)
kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone,
and skin or any subpart thereof and any other human organ (or any
subpart thereof, including that derived from a fetus) specified by the
Secretary of Health and Human Services by regulation.
(2) The term ''valuable consideration'' does not include the
reasonable payments associated with the removal, transportation,
implantation, processing, preservation, quality control, and storage of
a human organ or the expenses of travel, housing, and lost wages
incurred by the donor of a human organ in connection with the donation
of the organ.
(3) The term ''interstate commerce'' has the meaning prescribed for
it by section 321(b) of title 21.
(Pub. L. 98-507, title III, 301, Oct. 19, 1984, 98 Stat. 2346; Pub.
L. 100-607, title IV, 407, Nov. 4, 1988, 102 Stat. 3116.)
Section was enacted as part of the National Organ Transplant Act, and
not as part of the Public Health Service Act which comprises this
chapter.
1988 -- Subsec. (c)(1). Pub. L. 100-607 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''The term 'human
organ' means the human kidney, liver, heart, lung, pancreas, bone
marrow, cornea, eye, bone, and skin, and any other human organ specified
by the Secretary of Health and Human Services by regulation.''
42 USC 274f. Study by General Accounting Office
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Comptroller General of the United States shall conduct a study
for the purpose of determining --
(1) the extent to which the procurement and allocation of organs have
been equitable, efficient, and effective;
(2) the problems encountered in the procurement and allocation; and
(3) the effect of State required-request laws.
(b) Report
Not later than January 7, 1992, the Comptroller General of the United
States shall complete the study required in subsection (a) of this
section and submit to the Committee on Energy and Commerce of the House
of Representatives, and to the Committee on Labor and Human Resources of
the Senate, a report describing the findings made as a result of the
study.
(July 1, 1944, ch. 373, title III, 377, as added Nov. 16, 1990, Pub.
L. 101-616, title II, 206(a), 104 Stat. 3285.)
42 USC 274g. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of carrying out this part, there are authorized to be
appropriated $8,000,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 and 1993.
(July 1, 1944, ch. 373, title III, 378, as added Nov. 16, 1990, Pub.
L. 101-616, title II, 206(a), 104 Stat. 3285.)
42 USC Part I -- National Bone Marrow Donor Registry
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1990 -- Pub. L. 101-616, title I, 101(a)(2), Nov. 16, 1990, 104
Stat. 3279, which directed amendment of this subchapter by adding part
I ''National Bone Marrow Donor Registry'' after section 274f of this
title, was executed by adding the new part I after section 274g of this
title (the last section in part H) to reflect the probable intent of
Congress. Former part I ''Biomedical Ethics'' redesignated part J.
42 USC 274k. National Registry
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall by contract establish and maintain a National
Bone Marrow Donor Registry (referred to in this part as the
''Registry'') that meets the requirements of this section. The Registry
shall be under the general supervision of the Secretary, and under the
direction of a board of directors that shall include representatives of
marrow donor centers, marrow transplant centers, persons with expertise
in the social science, and the general public.
(b) Functions
The Registry shall --
(1) establish a system for finding marrow donors suitably matched to
unrelated recipients for bone marrow transplantation;
(2) establish a system for patient advocacy, separate from mechanisms
for donor advocacy, that directly assists patients, their families, and
their physicians in the search for an unrelated marrow donor;
(3) increase the representation of individuals from racial and ethnic
minority groups in the pool of potential donors for the Registry in
order to enable an individual in a minority group, to the extent
practicable, to have a comparable chance of finding a suitable unrelated
donor as would an individual not in a minority group;
(4) provide information to physicians, other health care
professionals, and the public regarding bone marrow transplantation;
(5) recruit potential bone marrow donors;
(6) collect, analyze, and publish data concerning bone marrow
donation and transplantation; and
(7) support studies and demonstration projects for the purpose of
increasing the number of individuals, especially minorities, who are
willing to be marrow donors.
(c) Criteria, standards, and procedures
Not later than 180 days after November 16, 1990, the Secretary shall
establish and enforce, for entities participating in the program,
including the Registry, individual marrow donor centers, marrow donor
registries, marrow collection centers, and marrow transplant centers --
(1) quality standards and standards for tissue typing, obtaining the
informed consent of donors, and providing patient advocacy;
(2) donor selection criteria, based on established medical criteria,
to protect both the donor and the recipient and to prevent the
transmission of potentially harmful infectious diseases such as the
viruses that cause hepatitis and the etiologic agent for Acquired Immune
Deficiency Syndrome;
(3) procedures to ensure the proper collection and transportation of
the marrow;
(4) standards that require the provision of information to patients,
their families, and their physicians at the start of the search process
concerning --
(A) the resources available through the Registry;
(B) all other marrow donor registries meeting the standards described
in this paragraph; and
(C) in the case of the Registry --
(i) the comparative costs of all charges by marrow transplant centers
incurred by patients prior to transplantation; and
(ii) the success rates of individual marrow transplant centers;
(5) standards that --
(A) require the establishment of a system of strict confidentiality
of records relating to the identity, address, HLA type, and managing
marrow donor center for marrow donors and potential marrow donors; and
(B) prescribe the purposes for which the records described in
subparagraph (A) may be disclosed, and the circumstances and extent of
the disclosure; and
(6) in the case of a marrow donor center or marrow donor registry
participating in the program, procedures to ensure the establishment of
a method for integrating donor files, searches, and general procedures
of the center or registry with the Registry.
(d) Comment procedures
The Secretary shall establish and provide information to the public
on procedures, which may include establishment of a policy advisory
committee, under which the Secretary shall receive and consider comments
from interested persons relating to the manner in which the Registry is
carrying out the duties of the Registry under subsection (b) of this
section and complying with the criteria, standards, and procedures
described in subsection (c) of this section.
(e) Consultation
The Secretary shall consult with the board of directors of the
Registry and the bone marrow donor program of the Department of the Navy
in developing policies affecting the Registry.
(f) Application
To be eligible to enter into a contract under this section, an entity
shall submit to the Secretary and obtain approval of an application at
such time, in such manner, and containing such information as the
Secretary shall by regulation prescribe.
(g) Eligibility
Entities eligible to receive a contract under this section shall
include private nonprofit entities.
(h) Records
(1) Recordkeeping
Each recipient of a contract or subcontract under subsection (a) of
this section shall keep such records as the Secretary shall prescribe,
including records that fully disclose the amount and disposition by the
recipient of the proceeds of the contract, the total cost of the
undertaking in connection with which the contract was made, and the
amount of the portion of the cost of the undertaking supplied by other
sources, and such other records as will facilitate an effective audit.
(2) Examination of records
The Secretary and the Comptroller General of the United States shall
have access to any books, documents, papers, and records of the
recipient of a contract or subcontract entered into under this section
that are pertinent to the contract, for the purpose of conducting audits
and examinations.
(i) Penalties for disclosure
Any person who discloses the content of any record referred to in
subsection (c)(5)(A) of this section without the prior written consent
of the donor or potential donor with respect to whom the record is
maintained, or in violation of the standards described in subsection
(c)(5)(B) of this section, shall be imprisoned for not more than 2 years
or fined in accordance with title 18, or both.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section
$15,000,000 for fiscal year 1991 and such sums as may be necessary for
each of fiscal years 1992 and 1993.
(July 1, 1944, ch. 373, title III, 379, as added Nov. 16, 1990, Pub.
L. 101-616, title I, 101(a)(2), 104 Stat. 3279.)
Section 102 of title I of Pub. L. 101-616 provided that:
''(a) In General. -- This title (enacting this section and section
274l of this title and amending section 274a of this title), and the
amendments made by this title, shall not affect any legal document,
including any order, regulation, grant, or contract, in effect on the
date of enactment of this Act (Nov. 16, 1990), or any administrative
proceeding or lawsuit pending on the date, that relates to the bone
marrow registry established under section 373(b) of the Public Health
Service Act (section 274a(b) of this title) (as it existed before the
amendment made by section 101(b) of this Act).
''(b) Continued Effect. -- A legal document described in subsection
(a) or an order issued in a lawsuit described in subsection (a) shall
continue in effect until modified, terminated, or revoked.
''(c) Proceedings. -- In any administrative proceeding or lawsuit
described in subsection (a), parties shall take appeals, and officials
shall hold proceedings and render judgments, in the same manner and with
the same effect as if this title had not been enacted.''
42 USC 274l. Study by General Accounting Office
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Comptroller General of the United States shall conduct a study
that evaluates --
(1) the costs and benefits of the search process for an unrelated
bone marrow donor among different marrow donor registries;
(2) the extent to which marrow donor registries protect donor
confidentiality;
(3) the relationship between the Registry, individual marow /1/ donor
centers, and other marrow donor registries;
(4) the effectiveness and appropriateness of policies and procedures
of marrow donor centers, marrow transplant centers, and marrow donor
registries, including --
(A) the process of donor recruitment, including the policy of asking
each donor whether the donor would want to donate more than one time;
(B) the maintenance and updating of donor files; and
(C) the policy of initially typing donors for A/B antigens only
instead of initially typing for both A/B and D/R antigens;
(5) the ability of the marrow donor registries to incorporate changes
in medical research and clinical practice; and
(6) the costs associated with tissue typing.
(b) Report
Not later than 1 year after November 16, 1990, the Comptroller
General shall complete the study required under subsection (a) of this
section and submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Labor and Human Resources of the
Senate a report describing the findings made by the study and
recommendations for legislative reform.
(July 1, 1944, ch. 373, title III, 379A, as added Nov. 16, 1990,
Pub. L. 101-616, title I, 101(a)(2), 104 Stat. 3282.)
/1/ So in original. Probably should be ''marrow''.
42 USC Part J -- Biomedical Ethics
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1990 -- Pub. L. 101-616, title I, 101(a)(1), Nov. 16, 1990, 104
Stat. 3279, redesignated part I ''Biomedical Ethics'' as J. Former
part J ''Injury Control'' redesignated K.
1985 -- Pub. L. 99-158, 3(b), 11, Nov. 20, 1985, 99 Stat. 879,
883, added part I ''Biomedical Ethics'', and repealed former part I
''National Library of Medicine''.
1970 -- Pub. L. 91-212, 10(a)(2), Mar. 13, 1970, 84 Stat. 66,
redesignated part H ''National Library of Medicine'' as part I
''National Library of Medicine''.
42 USC 275. Biomedical Ethics Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
There is established in the legislative branch of the Government the
Biomedical Ethics Board (hereinafter referred to as the ''Board'').
(b) Membership; term of office; vacancies; chairman and vice
chairman; meetings
(1) The Board shall consist of twelve members as follows:
(A) Six Members of the Senate appointed as follows: Three members
appointed by the Majority Leader of the Senate from the majority party
and three members appointed by the Minority Leader from the minority
party.
(B) Six Members of the House of Representatives appointed by the
Speaker of the House of Representatives, three from the majority party
and three from the minority party.
(2) The term of office of a member of the Board shall expire when the
member leaves the office of Senator or Representative, as the case may
be, or upon the expiration of eight years after the date of the member's
appointment to the Board, whichever occurs first.
(3) Vacancies in the membership of the Board shall not affect the
power of the remaining members to execute the functions of the Board and
shall be filled in the same manner as in the case of the original
appointment.
(4) The Board shall select a chairman and a vice chairman from among
its members at the beginning of each Congress. The vice chairman shall
act as chairman in the absence of the chairman or in the event of the
incapacity of the chairman. The chairmanship and vice chairmanship
shall alternate between the Senate and the House of Representatives with
each Congress. The chairman during each even-numbered Congress shall be
selected by the Members of the House of Representatives on the Board
from among their number. The vice chairman during each Congress shall
be chosen in the same manner from that House of Congress other than the
House of Congress of which the chairman is a Member.
(5) The Board shall meet once every three months unless such meeting
is dispensed with by the chairman, and may meet at any time upon the
request of four or more members of the Board or upon the call of the
chairman.
(c) Functions; annual report to Congress; report to Congress on
research and developments in genetic engineering
(1) The Board shall study and report to the Congress on a continuing
basis on the ethical issues arising from the delivery of health care and
biomedical and behavioral research, including the protection of human
subjects of such research and developments in genetic engineering
(including activities in recombinant DNA technology) which have
implications for human genetic engineering.
(2)(A) Except as provided in subparagraph (B), an annual report shall
be transmitted to the Congress identifying the issues which were the
subject of the study conducted under paragraph (1) and identifying
areas, programs, and practices of medicine and biomedical and behavioral
research which have significant ethical implications and which would be
appropriate subjects for study.
(B) A report on research and developments in genetic engineering
(including activities in recombinant DNA technology) which have
implications for human genetic engineering shall be transmitted to the
Congress not later than eighteen months after the appointment of the
Committee under subsection (d) of this section.
(d) Biomedical Ethics Advisory Committee; appointment, membership,
compensation, etc.; functions; public hearings; availability of
additional personnel and information; gifts and donations; use of
mails
(1) To conduct the studies and make the reports required by
subsection (c) of this section, the Board shall appoint a Biomedical
Ethics Advisory Committee (hereinafter referred to as the
''Committee''). The Committee shall consist of fourteen members as
follows:
(A) Four of the members shall be appointed by the Board from
individuals who are distinguished in biomedical or behavioral research.
(B) Three of the members shall be appointed by the Board from
individuals who are distinguished in the practice of medicine or
otherwise distinguished in the provision of health care.
(C) Five of the members shall be appointed by the Board from
individuals who are distinguished in one or more of the fields of
ethics, theology, law, the natural sciences (other than the biomedical
or behavioral sciences), the social sciences, the humanities, health
administration, government, and public affairs.
(D) Two of the members shall be appointed by the Board from
individuals who are representatives of citizens with an interest in
biomedical ethics but who possess no specific expertise.
(2)(A) The Committee, by majority vote, shall elect from its members
a chairman and a vice chairman and appoint an executive director who
shall serve for such time and under such conditions as the Committee may
prescribe. In the absence of the chairman, or in the event of the
incapacity of the chairman, the vice chairman shall act as chairman.
(B) The term of office of each member of the Committee shall be four
years, except that any such member appointed to fill a vacancy occurring
prior to the expiration of the term for which such member's predecessor
was appointed shall be appointed for the remainder of such term. Terms
of the members shall be staggered so as to establish a rotating
membership.
(C) The members of the Committee shall receive no pay for their
services as members of the Committee, but shall be allowed necessary
travel expenses (or, in the alternative, mileage for use of privately
owned vehicles and a per diem in lieu of subsistence at not to exceed
the rate prescribed in sections 5702 and 5704 of title 5) and other
necessary expenses incurred by them in the performance of duties as a
member of the Committee, without regard to the provisions of subchapter
1 /1/ of chapter 57 and section 5731 of title 5, and regulations
promulgated thereunder.
(D) The executive director of the Committee, with the approval of the
Committee, may employ such staff and consultants as necessary to prepare
studies and reports for the Committee.
(3)(A) The Committee may, for the purpose of carrying out its
functions, hold such public hearings, sit and act at such times and
places, and take such testimony, as the Committee considers appropriate.
(B) Upon request of the Committee, the head of any Federal agency is
authorized to detail, on a reimbursable basis, any of the personnel of
such agency to the Committee to assist the Committee in carrying out its
functions.
(C) The Committee may secure directly from any department or agency
of the United States information necessary to enable it to carry out its
functions. Upon request of the chairman of the Committee, the head of
such department or agency shall furnish such information to the
Committee.
(D) The Committee may accept, use, and dispose of gifts or donations
or services or property.
(E) The Committee may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
(e) Authorization of appropriations
To enable the Board and the Committee to carry out their functions
there are authorized to be appropriated $2,000,000 for fiscal year 1986,
$2,500,000 for fiscal year 1987, $3,000,000 for fiscal year 1988,
$2,000,000 for fiscal year 1989, and $2,500,000 for fiscal year 1990.
(July 1, 1944, ch. 373, title III, 381, as added Nov. 20, 1985, Pub.
L. 99-158, 11, 99 Stat. 883, and amended Nov. 4, 1988, Pub. L.
100-607, title I, 157(a), 102 Stat. 3059.)
A prior section 275, act July 1, 1944, ch. 373, title III, 381,
formerly 371, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 960, and
renumbered 381, Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), 84 Stat.
66, which established a National Library of Medicine in the Public
Health Service and stated the congressional purposes for such
establishment, was repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985,
99 Stat. 879.
1988 -- Subsec. (e). Pub. L. 100-607 struck out ''and'' after
''fiscal year 1987,'' and inserted '', $2,000,000 for fiscal year 1989,
and $2,500,000 for fiscal year 1990'' after ''1988''.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
Pub. L. 93-641, 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.
Section 256(c) of Pub. L. 100-607 provided that: ''The
Congressional Biomedical Ethics Board shall report to Congress within
eighteen months from the effective date of this Act (Nov. 4, 1988) on
the ethical issues connected with the administration of nutrition and
hydration to dying patients. This report shall include a review of
State laws, regulations and court decisions on this topic. The report
shall also discuss the arguments concerning the appropriate roles of the
patient, the patient's family, the care provider, the State and the
appropriate Federal role.''
Disbursement of funds, computation and disbursement of basic pay, and
provision of financial management services and support by Library of
Congress, see section 142h of Title 2, The Congress.
/1/ So in original. Probably should be subchapter ''I''.
42 USC 276 to 280a-1. Repealed. Pub. L. 99-158, 3(b), Nov. 20,
1985, 99 Stat. 879
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section 276, act July 1, 1944, ch. 373, title III, 382, formerly
372, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 960, and renumbered
382 and amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), (b)(1),
(d)(1), 84 Stat. 66, 67; Nov. 18, 1971, Pub. L. 92-157, title III,
301(d)(1), 85 Stat. 463, related to functions of Secretary with regard
to acquisition, etc., of materials and rules for public access to
materials.
Section 277, act July 1, 1944, ch. 373, title III, 383, formerly
373, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 960, amended Oct.
22, 1965, Pub. L. 89-291, 4, 79 Stat. 1067, and renumbered 383 and
amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), (d)(1), 84 Stat.
66, 67; Oct. 30, 1970, Pub. L. 91-515, title VI, 601(b)(2), 84 Stat.
1311; Nov. 18, 1971, Pub. L. 92-157, title III, 301(d)(2), 85 Stat.
464; Nov. 9, 1978, Pub. L. 95-622, title II, 212, 92 Stat. 3421,
related to establishment, etc., of Board of Regents.
Section 278, act July 1, 1944, ch. 373, title III, 384, formerly
374, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 961, and renumbered
384 and amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), (d)(1), 84
Stat. 66, 67; Oct. 17, 1979, Pub. L. 96-88, title V, 509(b), 93
Stat. 695; Apr. 26, 1983, Pub. L. 98-24, 2(a)(2), 97 Stat. 176,
related to acceptance and administration of gifts and establishment of
memorials to donors.
Section 279, act July 1, 1944, ch. 373, title III, 385, formerly
375, as added Aug. 3, 1956, ch. 907 1, 70 Stat. 962, and renumbered
385 and amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), (b)(2), 84
Stat. 66, defined ''medicine'' and ''medical''.
Section 280, act July 1, 1944, ch. 373, title III, 386, formerly
376, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 962, and renumbered
386 and amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3), (d)(1), 84
Stat. 66, 67; Nov. 18, 1971, Pub. L. 92-157, title III, 301(d)(3),
85 Stat. 464, authorized appropriations for erection and equipment of
Library.
Section 280a, act July 1, 1944, ch. 373, title III, 387, formerly
377, as added Aug. 3, 1956, ch. 907, 1, 70 Stat. 962, amended 1970
Reorg. Plan No. 2 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.
2085, and renumbered 387, Mar. 13, 1970, Pub. L. 91-212, 10(a)(3),
84 Stat. 66, related to transfer of Armed Forces Medical Library to
Public Health Service for use in administration of part I.
Section 280a-1, act July 1, 1944, ch. 373, title III, 388, formerly
378, as added Oct. 22, 1965, Pub. L. 89-291, 3, 79 Stat. 1067, and
renumbered 388 and amended Mar. 13, 1970, Pub. L. 91-212, 10(a)(3),
(d)(1), 84 Stat. 66, 67; Nov. 18, 1971, Pub. L. 92-157, title III,
301(d)(4), 85 Stat. 464, related to establishment of regional branches.
42 USC Part K -- Injury Control
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
A prior part K, added Pub. L. 93-222, 3, Dec. 29, 1973, 87 Stat.
934, relating to quality assurance, was repealed by Pub. L. 95-623,
11(b), Nov. 9, 1978, 92 Stat. 3455.
1990 -- Pub. L. 101-616, title I, 101(a)(1), Nov. 16, 1990, 104
Stat. 3279, redesignated part J ''Injury Control'' as K. Former part K
''Health Care Services in the Home'' redesignated L.
42 USC 280b. Research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary, through the Director of the Centers for Disease
Control, shall --
(1) conduct, and give assistance to public and nonprofit private
entities, scientific institutions, and individuals engaged in the
conduct of, research relating to the causes, mechanisms, prevention,
diagnosis, treatment of injuries, and rehabilitation from injuries;
(2) make grants to, or enter into cooperative agreements or contracts
with, public and nonprofit private entities (including academic
institutions, hospitals, and laboratories) and individuals for the
conduct of such research; and
(3) make grants to, or enter into cooperative agreements or contracts
with, academic institutions for the purpose of providing training on the
causes, mechanisms, prevention, diagnosis, treatment of injuries, and
rehabilitation from injuries.
(b) The Secretary, through the Director of the Centers for Disease
Control, shall collect and disseminate, through publications and other
appropriate means, information concerning the practical applications of
research conducted or assisted under subsection (a) of this section.
(July 1, 1944, ch. 373, title III, 391, as added Nov. 10, 1986, Pub.
L. 99-649, 3, 100 Stat. 3633, and amended Nov. 15, 1990, Pub. L.
101-558, 2(a), 104 Stat. 2772.)
A prior section 280b, act July 1, 1944, ch. 373, title III, 390, as
added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1059, and amended
Mar. 13, 1970, Pub. L. 91-212, 4(b), 5(b), 6(b), 84 Stat. 64, 65;
July 23, 1974, Pub. L. 93-353, title II, 201(a), (b), 202(a), 88
Stat. 371, 372; Aug. 1, 1977, Pub. L. 95-83, title II, 202, 91 Stat.
386; Nov. 9, 1978, Pub. L. 95-622, title II, 211, 92 Stat. 3420;
Aug. 13, 1981, Pub. L. 97-35, title IX, 925(a), 95 Stat. 569, which
set forth findings and declaration of policy and authorized
appropriations with regard to assistance to medical libraries, was
repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
A prior section 391 of act July 1, 1944, ch. 373, title III, as
added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1059, and amended
Mar. 13, 1970, Pub. L. 91-212, 10(b)(3), 84 Stat. 66; July 23,
1974, Pub. L. 93-353, title II, 202(b), 88 Stat. 372, which defined
''sciences related to health'', ''National Medical Libraries Assistance
Advisory Board'', ''Board'', and ''medical library'', was classified to
section 280b-1 of this title and was repealed by Pub. L. 99-158, 3(b),
Nov. 20, 1985, 99 Stat. 879.
1990 -- Subsec. (a)(2). Pub. L. 101-558, 2(a)(1), inserted '', or
enter into cooperative agreements or contracts with,'' after ''grants
to''.
Subsec. (a)(3). Pub. L. 101-558, 2(a)(2), added par. (3).
Section 2 of Pub. L. 99-649 provided that:
''(a) The Congress finds and declares that:
''(1) Injury is one of the principal public health problems in
America, and causes over 140,000 deaths per year.
''(2) Injury rates are particularly high for children and the
elderly.
''(3) Injury causes 50 percent of all deaths for children over the
age of one year and two-thirds of all deaths for children over the age
of 15 years, and is the leading cause of death for individuals under the
age of 44 years. Individuals over the age of 65 years have the highest
fatality rates for many injuries.
''(4) Injury control has not been given high priority in the United
States, and the research being conducted on injury control and the
number of personnel involved in injury control activities are not
adequate.
''(b) The purposes of this Act (enacting this part) are --
''(1) to promote research into the causes, diagnosis, treatment,
prevention, and control of injuries and rehabilitation from injuries;
''(2) to promote cooperation between specialists in fields involved
in injury research; and
''(3) to promote coordination between Federal, State, and local
governments and public and private entities in order to achieve a
reduction in deaths from injuries.''
42 USC 280b-1. Control activities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary, through the Director of the Centers for Disease
Control, shall --
(1) assist States and political subdivisions of States in activities
for the prevention of injuries; and
(2) encourage regional activities between States designed to reduce
injury rates.
(b) The Secretary, through the Director of the Centers for Disease
Control, may --
(1) enter into agreements between the Service and public and private
community health agencies which provide for cooperative planning of
activities to deal with problems relating to injuries and injury
control; and
(2) work in cooperation with other Federal agencies, and with public
and nonprofit private entities, to promote injury control.
(July 1, 1944, ch. 373, title III, 392, as added Nov. 10, 1986, Pub.
L. 99-649, 3, 100 Stat. 3634, and amended Nov. 15, 1990, Pub. L.
101-558, 2(b), 104 Stat. 2772.)
A prior section 280b-1, act July 1, 1944, ch. 373, title III, 391,
as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1059, and
amended Mar. 13, 1970, Pub. L. 91-212, 10(b)(3), 84 Stat. 66; July
23, 1974, Pub. L. 93-353, title II, 202(b), 88 Stat. 372, which
defined ''sciences related to health'', ''National Medical Libraries
Assistance Advisory Board'', ''Board'', and ''medical library'', was
repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
A prior section 392 of act July 1, 1944, ch. 373, title III, as
added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1060, and amended
Mar. 13, 1970, Pub. L. 91-212, 10(b)(4), (d)(2)(A), 84 Stat. 66, 67;
July 23, 1974, Pub. L. 93-353, title II, 202(c), 88 Stat. 372, which
related to composition, functions, etc., of the National Medical
Libraries Assistance Advisory Board, was classified to section 280b-2 of
this title and was repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985,
99 Stat. 879.
1990 -- Subsec. (b)(2). Pub. L. 101-558 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''work in cooperation
with Federal, State, and local agencies to promote injury control.''
42 USC 280b-2. Report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
By not later than September 30, 1992, the Secretary, through the
Director of the Centers for Disease Control, shall prepare and submit to
the Committee on Energy and Commerce of the House of Representatives,
and to the Committee on Labor and Human Resources of the Senate, a
report describing the activities conducted or supported under this part.
The report shall include --
(1) information regarding the practical applications of research
conducted pursuant to subsection (a) of section 280b of this title,
including information that has not been disseminated under subsection
(b) of such section; and
(2) information on such activities regarding the prevention and
control of injuries in rural areas, including information regarding
injuries that are particular to rural areas.
(July 1, 1944, ch. 373, title III, 393, as added Nov. 10, 1986, Pub.
L. 99-649, 3, 100 Stat. 3634, and amended Nov. 15, 1990, Pub. L.
101-558, 2(c), 104 Stat. 2772.)
A prior section 280b-2, act July 1, 1944, ch. 373, title III, 392,
as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1060, and
amended Mar. 13, 1970, Pub. L. 91-212, 10(b)(4), (d)(2)(A), 84 Stat.
66, 67; July 23, 1974, Pub. L. 93-353, title II, 202(c), 88 Stat.
372, which related to the composition, functions, etc., of the National
Medical Libraries Assistance Advisory Board, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
A prior section 393 of act July 1, 1944, ch. 373, title III,
formerly 394, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1062, amended Mar. 13, 1970, Pub. L. 91-212, 2(b), 10(d)(2)(A), 84
Stat. 63, 67; June 18, 1973, Pub. L. 93-45, title I, 107(a), 87
Stat. 92, and renumbered and amended July 23, 1974, Pub. L. 93-353,
title II, 203(a), 204, 88 Stat. 372, 373, which related to grants for
training in medical library sciences, was classified to section 280b-4
of this title and was repealed by Pub. L. 99-158, 3(b), Nov. 20,
1985, 99 Stat. 879.
1990 -- Pub. L. 101-558 amended section generally. Prior to
amendment, section read as follows: ''By January 1, 1989, the
Secretary, through the Director of the Centers for Disease Control,
shall prepare and transmit to the Congress a report analyzing the
incidence and causes of childhood injuries in the United States and
containing recommendations for such legislation with respect to injury
control as the Secretary considers appropriate.''
42 USC 280b-3. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To carry out sections 280b and 280b-1 of this title, there are
authorized to be appropriated $10,000,000 for each of the fiscal years
1988, 1989, and 1990, $30,000,000 for fiscal year 1991, and such sums as
may be necessary for each of the fiscal years 1992 and 1993.
(July 1, 1944, ch. 373, title III, 394, as added Nov. 10, 1986, Pub.
L. 99-649, 3, 100 Stat. 3634, and amended Nov. 15, 1990, Pub. L.
101-558, 2(d), 104 Stat. 2773.)
A prior section 280b-3, act July 1, 1944, ch. 373, title III, 393,
as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1060, and
amended Mar. 13, 1970, Pub. L. 91-212, 2(a), 3, 10(d)(2), 84 Stat.
63, 64, 67, which related to grants for construction of medical library
facilities, was repealed by Pub. L. 93-353, title II, 202(d), July 23,
1974, 88 Stat. 372.
Prior sections 280b-4 to 280b-11 were repealed by Pub. L. 99-158,
3(b), Nov. 20, 1985, 99 Stat. 879.
Section 280b-4, act July 1, 1944, ch. 373, title III, 393, formerly
394, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1062,
amended Mar. 13, 1970, Pub. L. 91-212, 2(b), 10(d)(2)(A), 84 Stat.
63, 67; June 18, 1973, Pub. L. 93-45, title I, 107(a), 87 Stat. 92,
and renumbered 393 and amended July 23, 1974, Pub. L. 93-353, title
II, 203(a), 204, 88 Stat. 372, 373, related to grants for training in
medical library sciences.
Section 280b-5, act July 1, 1944, ch. 373, title III, 394, formerly
395, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1062,
amended Mar. 13, 1970, Pub. L. 91-212, 2(c), (d), 4(a), 5(a),
10(c)(1)(A), (B), (2)(A)-(C), (d)(2)(A), 84 Stat. 63, 64, 66, 67; June
18, 1973, Pub. L. 93-45, title I, 107(b), (c), 87 Stat. 92, and
renumbered 394 and amended July 23, 1974, Pub. L. 93-353, title II,
203(b), 204, 88 Stat. 372, 373, related to assistance for special
scientific projects, and research and development in medical library
science and related fields.
Section 280b-6, act July 1, 1944, ch. 373, title III, 396, as added
Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1063 was redesignated as
subsecs. (b) and (c) of section 280b-5 of this title by Pub. L.
91-212, 10(c)(2), Mar. 13, 1970, 84 Stat. 66.
Section 280b-7, act July 1, 1944, ch. 373, title III, 395, formerly
397, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1063,
renumbered 396 and amended Mar. 13, 1970, Pub. L. 91-212, 2(e),
6(a)(1), (2), 10(c)(3), (d)(2)(A), 84 Stat. 63, 64, 67; June 18, 1973,
Pub. L. 93-45, title I, 107(d), 87 Stat. 92, and renumbered 395 and
amended July 23, 1974, Pub. L. 93-353, title II, 203(c), 204, 88
Stat. 372, 373, related to grants for establishing, expanding, and
improving basic medical library or related resources.
Section 280b-8, act July 1, 1944, ch. 373, title III, 396, formerly
398, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1065,
renumbered 397 and amended Mar. 13, 1970, Pub. L. 91-212, 2(f), 7,
10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub. L.
93-45, title I, 107(e), 87 Stat. 92, and renumbered 396 and amended
July 23, 1974, Pub. L. 93-353, title II, 202(e), (f), 203(d), 204, 88
Stat. 372, 373, related to grants for establishment of regional medical
libraries.
Section 280b-9, act July 1, 1944, ch. 373, title III, 397, formerly
399, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat. 1066,
renumbered 398 and amended Mar. 13, 1970, Pub. L. 91-212, 2(g), 8,
10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub. L.
93-45, title I, 107(f), 87 Stat. 92, and renumbered 397 and amended
July 23, 1974, Pub. L. 93-353, title II, 203(e), 204, 88 Stat. 372,
373, related to grants to provide support for biomedical scientific
publications.
Section 280b-10, act July 1, 1944, ch. 373, title III, 398,
formerly 399a, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1066, renumbered 399, Mar. 13, 1970, Pub. L. 91-212, 10(c)(3), 84
Stat. 67, and renumbered 398, July 23, 1974, Pub. L. 93-353, title
II, 204, 88 Stat. 373, related to the continuing availability of
appropriated funds.
Section 280b-11, act July 1, 1944, ch. 373, title III, 399,
formerly 399b, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1066, renumbered 399a and amended Mar. 13, 1970, Pub. L. 91-212,
10(c)(3), (d)(2)(A), 84 Stat. 67; renumbered 399, July 23, 1974, Pub.
L. 93-353, title II, 204, 88 Stat. 373; Oct. 17, 1979, Pub. L.
96-88, title V, 509(b), 93 Stat. 695, related to the maintenance of
records by recipients of grants and audits thereof by the Secretary of
Health and Human Services and the Comptroller General of the United
States.
A prior section 280b-12, act July 1, 1944, ch. 373, title III,
399b, as added Mar. 13, 1970, Pub. L. 91-212, 9, 84 Stat. 65, which
related to transfer of funds, was repealed by Pub. L. 93-353, title II,
204, July 23, 1974, 88 Stat. 373, applicable with respect to fiscal
years beginning after June 30, 1974.
1990 -- Pub. L. 101-558 struck out subsec. (a) designation,
inserted before period at end of first sentence '', $30,000,000 for
fiscal year 1991, and such sums as may be necessary for each of the
fiscal years 1992 and 1993'', and struck out at end ''Of the amounts
appropriated under this section for any fiscal year, not more than 20
percent may be used for Federal administrative expenses to carry out
such section for such fiscal year.''
42 USC Part L -- Health Care Services in the Home
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1990 -- Pub. L. 101-616, title I, 101(a)(1), Nov. 16, 1990, 104
Stat. 3279, redesignated part K ''Health Care Services in the Home'' as
L.
42 USC subpart i -- grants for demonstration projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 280c. Establishment of program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall make not less than 5, and
not more than 20, grants to States for the purpose of assisting grantees
in carrying out demonstration projects --
(1) to identify low-income individuals who can avoid
institutionalization or prolonged hospitalization if skilled medical
services, skilled nursing care services, homemaker or home health aide
services, or personal care services are provided in the homes of the
individuals;
(2) to pay the costs of the provision of such services in the homes
of such individuals; and
(3) to coordinate the provision by public and private entities of
such services, and other long-term care services, in the homes of such
individuals.
(b) Requirement with respect to age of recipients of services
The Secretary may not make a grant under subsection (a) of this
section to a State unless the State agrees to ensure that --
(1) not less than 25 percent of the grant is expended to provide
services under such subsection to individuals who are not less than 65
years of age; and
(2) of the portion of the grant reserved by the State for purposes of
complying with paragraph (1), not less than 10 percent is expended to
provide such services to individuals who are not less than 85 years of
age.
(c) Relationship to items and services under other programs
A State may not make payments from a grant under subsection (a) of
this section for any item or service to the extent that payment has been
made, or can reasonably be expected to be made, with respect to such
item or service --
(1) under any State compensation program, under an insurance policy,
or under any Federal or State health benefits program; or
(2) by an entity that provides health services on a prepaid basis.
(July 1, 1944, ch. 373, title III, 395, as added Nov. 29, 1987, Pub.
L. 100-175, title VI, 602, 101 Stat. 979, and amended Nov. 15, 1990,
Pub. L. 101-557, title I, 101(a)-(c), 104 Stat. 2766; Aug. 17, 1991,
Pub. L. 102-108, 2(f), 105 Stat. 550.)
A prior section 280C, act July 1, 1944, ch. 373, title III, 399A,
formerly 399c, as added Dec. 29, 1973, Pub. L. 93-222, 3, 87 Stat.
934, and renumbered 399A, July 29, 1975, Pub. L. 94-63, title VI,
607(a), (c), 89 Stat. 351, which provided for programs designed to
assure the quality of health care, was repealed by Pub. L. 95-623,
11(b), Nov. 9, 1978, 92 Stat. 3455.
A prior section 395 of act July 1, 1944, ch. 373, title III,
formerly 397, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1063, renumbered 396 and amended Mar. 13, 1970, Pub. L. 91-212,
2(e), 6(a)(1), (2), 10(c)(3), (d)(2)(A), 84 Stat. 63, 64, 67; June 18,
1973, Pub. L. 93-45, title I, 107(d), 87 Stat. 92, and renumbered
395 and amended July 23, 1974, Pub. L. 93-353, title II, 203(c), 204,
88 Stat. 372, 373, which related to grants for establishing, expanding,
and improving basic medical library or related resources, and which was
classified to section 280b-7 of this title, was repealed by Pub. L.
99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
1991 -- Subsec. (a)(1). Pub. L. 102-108 inserted ''skilled medical
services,'' after ''if''.
1990 -- Subsec. (a). Pub. L. 101-557, 101(a), substituted ''shall
make not less than 5, and not more than 20, grants'' for ''shall make
not less than 3, and not more than 5, grants''.
Subsec. (a)(1). Pub. L. 101-557, 101(b), substituted ''skilled
nursing care services, homemaker or home health aide services, or
personal care services are provided in the homes of the individuals''
for ''skilled medical services or related health services (or both) are
provided in the homes of the individuals''.
Subsec. (b). Pub. L. 101-557, 101(c), substituted ''to ensure that
-- '' and pars. (1) and (2) for ''to ensure that not less than 25
percent of individuals receiving services pursuant to subsection (a) of
this section are individuals who are not less than 65 years of age''.
Part effective Oct. 1, 1987, see section 701(a) of Pub. L.
100-175, set out as an Effective Date of 1987 Amendment note under
section 3001 of this title.
For short title of title VI of Pub. L. 100-175, which enacted this
part as the ''Health Care Services in the Home Act of 1987'', see
section 601 of Pub. L. 100-175, set out as a Short Title of 1987
Amendments note under section 201 of this title.
42 USC 280c-1. Limitation on duration of grant and requirement of
matching funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation on duration of grant
The period during which payments are made to a State from a grant
under section 280c(a) of this title may not exceed 3 years. Such
payments shall be subject to annual evaluation by the Secretary.
(b) Requirement of matching funds
(1)(A) For the first year of payments to a State from a grant under
section 280c(a) of this title, the Secretary may not make such payments
in an amount exceeding 75 percent of the costs of services to be
provided by the State pursuant to such section.
(B) For the second year of such payments to a State, the Secretary
may not make such payments in an amount exceeding 65 percent of the
costs of such services.
(C) For the third year of such payments to a State, the Secretary may
not make such payments in an amount exceeding 55 percent of the costs of
such services.
(2) The Secretary may not make a grant under section 280c(a) of this
title to a State unless the State agrees to make available, directly or
through donations from public or private entities, non-Federal
contributions toward the costs of services to be provided pursuant to
such section in an amount equal to --
(A) for the first year of payments to the State from the grant, not
less than $25 (in cash or in kind under subsection (c) of this section)
for each $75 of Federal funds provided in the grant;
(B) for the second year of such payments to the State, not less than
$35 (in cash or in kind under subsection (c) of this section) for each
$65 of such Federal funds; and
(C) for the third year of such payments to the State, not less than
$45 (in cash or in kind under subsection (c) of this section) for each
$55 of such Federal funds.
(c) Determination of amount of non-Federal contribution
Non-Federal contributions required in subsection (b) of this section
may be in cash or in kind, fairly evaluated, including plant, equipment,
or services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(July 1, 1944, ch. 373, title III, 396, as added Nov. 29, 1987, Pub.
L. 100-175, title VI, 602, 101 Stat. 979.)
A prior section 396 of act July 1, 1944, ch. 373, title III,
formerly 398, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1065, renumbered 397 and amended Mar. 13, 1970, Pub. L. 91-212,
2(f), 7, 10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub.
L. 93-45, title I, 107(e), 87 Stat. 92, and renumbered 396 and
amended July 23, 1974, Pub. L. 93-353, title II, 202(e), (f), 203(d),
204, 88 Stat. 372, 373, which related to grants for establishment of
regional medical libraries, and which was classified to section 280b-8
of this title, was repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985,
99 Stat. 879.
42 USC 280c-2. General provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation on administrative expenses
The Secretary may not make a grant under section 280c(a) of this
title to a State unless the State agrees that not more than 10 percent
of the grant will be expended for administrative expenses with respect
to the grant.
(b) Description of intended use of grant
The Secretary may not make a grant under section 280c(a) of this
title to a State unless --
(1) the State submits to the Secretary a description of the purposes
for which the State intends to expend the grant; and
(2) such description provides information relating to the programs
and activities to be supported and services to be provided, including --
(A) the number of individuals who will receive services pursuant to
section 280c(a) of this title and the average costs of providing such
services to each such individual; and
(B) a description of the manner in which such programs and activities
will be coordinated with any similar programs and activities of public
and private entities.
(c) Requirement of application
The Secretary may not make a grant under section 280c(a) of this
title to a State unless the State has submitted to the Secretary an
application for the grant. The application shall --
(1) contain the description of intended expenditures required in
subsection (b) of this section;
(2) with respect to carrying out the purpose for which the grant is
to be made, provide assurances of compliance satisfactory to the
Secretary; and
(3) otherwise be in such form, be made in such manner, and contain
such information and agreements as the Secretary determines to be
necessary to carry out this subpart.
(d) Evaluations and report by Secretary
The Secretary shall --
(1) provide for an evaluation of each demonstration project for which
a grant is made under section 280c(a) of this title; and
(2) not later than 6 months after the completion of such evaluations,
submit to the Congress a report describing the findings made as a result
of the evaluations.
(e) Authorizations of appropriations
For the purpose of carrying out this subpart, there are authorized to
be appropriated $5,000,000 for each of the fiscal years 1988 through
1990, $7,500,000 for fiscal year 1991, and such sums as may be necessary
for each of the fiscal years 1992 and 1993.
(July 1, 1944, ch. 373, title III, 397, as added Nov. 29, 1987, Pub.
L. 100-175, title VI, 602, 101 Stat. 980, and amended Nov. 15, 1990,
Pub. L. 101-557, title I, 101(d), 104 Stat. 2766.)
A prior section 397 of act July 1, 1944, ch. 373, title III,
formerly 399, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1066, renumbered 398 and amended Mar. 13, 1970, Pub. L. 91-212,
2(g), 8, 10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub.
L. 93-45, title I, 107(f), 87 Stat. 92, and renumbered 397 and
amended July 23, 1974, Pub. L. 93-353, title II, 203(e), 204, 88
Stat. 372, 373, which related to grants to provide support for
biomedical scientific publications, and which was classified to section
280b-9 of this title, was repealed by Pub. L. 99-158, 3(b), Nov. 20,
1985, 99 Stat. 879.
1990 -- Subsec. (e). Pub. L. 101-557 substituted ''there are'' for
''there is'' and inserted before period at end '', $7,500,000 for fiscal
year 1991, and such sums as may be necessary for each of the fiscal
years 1992 and 1993''.
42 USC subpart ii -- grants for demonstration projects with respect to
alzheimer's disease
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 280c-3. Establishment of program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall make not less than 5, and not more than 15,
grants to States for the purpose of assisting grantees in carrying out
demonstration projects for planning, establishing, and operating
programs --
(1) to coordinate the development and operation with public and
private organizations of diagnostic, treatment, care management, respite
care, legal counseling, and education services provided within the State
to individuals with Alzheimer's disease or related disorders and to the
families and care providers of such individuals;
(2) to provide home health care, personal care, day care, companion
services, short-term care in health facilities, and other respite care
to individuals with Alzheimer's disease or related disorders; and
(3) to provide to health care providers, to individuals with
Alzheimer's disease or related disorders, to the families of such
individuals, to organizations established for such individuals and such
families, and to the general public, information with respect to --
(A) diagnostic services, treatment services, and related services
available to such individuals and to the families of such individuals;
(B) sources of assistance in obtaining such services, including
assistance under entitlement programs; and
(C) the legal rights of such individuals and such families.
(b) Requirement with respect to certain expenditures
The Secretary may not make a grant under subsection (a) of this
section to a State unless the State agrees to expend not less than 50
percent of the grant for the provision of services described in
subsection (a)(2) of this section.
(c) Relationship to items and services under other programs
A State may not make payments from a grant under subsection (a) of
this section for any item or service to the extent that payment has been
made, or can reasonably be expected to be made, with respect to such
item or service --
(1) under any State compensation program, under an insurance policy,
or under any Federal or State health benefits program; or
(2) by an entity that provides health services on a prepaid basis.
(July 1, 1944, ch. 373, title III, 398, as added Nov. 29, 1987, Pub.
L. 100-175, title VI, 602, 101 Stat. 981, and amended Nov. 15, 1990,
Pub. L. 101-557, title I, 102(a), (b), 104 Stat. 2767.)
A prior section 398 of act July 1, 1944, ch. 373, title III,
formerly 399a, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1066, renumbered 399, Mar. 13, 1970, Pub. L. 91-212, 10(c)(3), 84
Stat. 67, and renumbered 398, July 23, 1974, Pub. L. 93-353, title
II, 204, 88 Stat. 373, which related to the continuing availability of
appropriated funds, and which was classified to section 280b-10 of this
title, was repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat.
879.
1990 -- Subsec. (a). Pub. L. 101-557, 102(a), substituted ''shall
make not less than 5, and not more than 15, grants'' for ''shall make
not less than 3, and not more than 5, grants''.
Subsec. (a)(1). Pub. L. 101-557, 102(b), substituted ''with public
and private organizations'' for ''by public and private organizations''.
42 USC 280c-4. Limitation on duration of grant and requirement of
matching funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation on duration of grant
The period during which payments are made to a State from a grant
under section 280c-3(a) of this title may not exceed 3 years. Such
payments shall be subject to annual evaluation by the Secretary.
(b) Requirement of matching funds
(1)(A) For the first year of payments to a State from a grant under
section 280c-3(a) of this title, the Secretary may not make such
payments in an amount exceeding 75 percent of the costs of services to
be provided by the State pursuant to such section.
(B) For the second year of such payments to a State, the Secretary
may not make such payments in an amount exceeding 65 percent of the
costs of such services.
(C) For the third year of such payments to a State, the Secretary may
not make such payments in an amount exceeding 55 percent of the costs of
such services.
(2) The Secretary may not make a grant under section 280c-3(a) of
this title to a State unless the State agrees to make available,
directly or through donations from public or private entities,
non-Federal contributions toward the costs of services to be provided
pursuant to such section in an amount equal to --
(A) for the first year of payments to the State from the grant, not
less than $25 (in cash or in kind under subsection (c) of this section)
for each $75 of Federal funds provided in the grant;
(B) for the second year of such payments to the State, not less than
$35 (in cash or in kind under subsection (c) of this section) for each
$65 of such Federal funds; and
(C) for the third year of such payments to the State, not less than
$45 (in cash or in kind under subsection (c) of this section) for each
$55 of such Federal funds.
(c) Determination of amount of non-Federal contribution
Non-Federal contributions required in subsection (b) of this section
may be in cash or in kind, fairly evaluated, including plant, equipment,
or services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(July 1, 1944, ch. 373, title III, 399, as added Nov. 29, 1987, Pub.
L. 100-175, title VI, 602, 101 Stat. 982.)
A prior section 399 of act July 1, 1944, ch. 373, title III,
formerly 399b, as added Oct. 22, 1965, Pub. L. 89-291, 2, 79 Stat.
1066, renumbered 399a and amended Mar. 13, 1970, Pub. L. 91-212,
10(c)(3), (d)(2)(A), 84 Stat. 67; renumbered 399, July 23, 1974, Pub.
L. 93-353, title II, 204, 88 Stat. 373; Oct. 17, 1979, Pub. L.
96-88, title V, 509(b), 93 Stat. 695, which related to the maintenance
of records by recipients of grants and audits thereof by the Secretary
of Health and Human Services and the Comptroller General of the United
States, and which was classified to section 280b-11 of this title, was
repealed by Pub. L. 99-158, 3(b), Nov. 20, 1985, 99 Stat. 879.
42 USC 280c-5. General provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Limitation on administrative expenses
The Secretary may not make a grant under section 280c-3(a) of this
title to a State unless the State agrees that not more than 10 percent
of the grant will be expended for administrative expenses with respect
to the grant.
(b) Description of intended use of grant
The Secretary may not make a grant under section 280c-3(a) of this
title to a State unless --
(1) the State submits to the Secretary a description of the purposes
for which the State intends to expend the grant; and
(2) such description provides information relating to the programs
and activities to be supported and services to be provided, including --
(A) the number of individuals who will receive services pursuant to
section 280c-3(a) of this title and the average costs of providing such
services to each such individual; and
(B) a description of the manner in which such programs and activities
will be coordinated with any similar programs and activities of public
and private entities.
(c) Requirement of application
The Secretary may not make a grant under section 280c-3(a) of this
title to a State unless the State has submitted to the Secretary an
application for the grant. The application shall --
(1) contain the description of intended expenditures required in
subsection (b) of this section;
(2) with respect to carrying out the purpose for which the grant is
to be made, provide assurances of compliance satisfactory to the
Secretary; and
(3) otherwise be in such form, be made in such manner, and contain
such information and agreements as the Secretary determines to be
necessary to carry out this subpart.
(d) Evaluations and report by Secretary
The Secretary shall --
(1) provide for an evaluation of each demonstration project for which
a grant is made under section 280c-3(a) of this title; and
(2) not later than 6 months after the completion of such evaluations,
submit to the Congress a report describing the findings made as a result
of the evaluations.
(e) Authorizations of appropriations
For the purpose of carrying out this subpart, there are authorized to
be appropriated $5,000,000 for each of the fiscal years 1988 through
1990, $7,500,000 for fiscal year 1991, and such sums as may be necessary
for each of the fiscal years 1992 and 1993.
(July 1, 1944, ch. 373, title III, 399A, as added Nov. 29, 1987,
Pub. L. 100-175, title VI, 602, 101 Stat. 982, and amended Nov. 15,
1990, Pub. L. 101-557, title I, 102(c), 104 Stat. 2767.)
1990 -- Subsec. (e). Pub. L. 101-557 substituted ''there are'' for
''there is'' and inserted before period at end '', $7,500,000 for fiscal
year 1991, and such sums as may be necessary for each of the fiscal
years 1992 and 1993''.
42 USC SUBCHAPTER III -- NATIONAL RESEARCH INSTITUTES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Title IV of the Public Health Service Act, comprising this
subchapter, was originally enacted by act July 1, 1944, ch. 373, 58
Stat. 707, at which time title IV related solely to the National Cancer
Institute. Because of the extensive amendments, reorganization of the
subject matter, and expansion of title IV by the acts listed below,
title IV is shown herein as having been added by Pub. L. 99-158,
without reference to intervening amendments.
The provisions of title IV as originally enacted were subsequently
redesignated as part A of title IV and amended, and parts B to I of
title IV were added and amended by the following acts: June 16, 1948,
ch. 481, 62 Stat. 464; June 24, 1948, ch. 621, 62 Stat. 598; Aug.
15, 1950, ch. 714, 64 Stat. 443; Oct. 5, 1961, Pub. L. 87-395, 75
Stat. 824; Oct. 17, 1962, Pub. L. 87-838, 76 Stat. 1072; Aug. 16,
1968, Pub. L. 90-489, 82 Stat. 771; Oct. 30, 1970, Pub. L. 91-515,
84 Stat. 1297; Dec. 23, 1971, Pub. L. 92-218, 85 Stat. 778; May 19,
1972, Pub. L. 92-305, 86 Stat. 162; Sept. 19, 1972, Pub. L. 92-423,
86 Stat. 679; Apr. 22, 1974, Pub. L. 93-270, 88 Stat. 90; May 14,
1974, Pub. L. 93-282, 88 Stat. 126; May 31, 1974, Pub. L. 93-296, 88
Stat. 184; July 12, 1974, Pub. L. 93-348, 88 Stat. 342; July 23,
1974, Pub. L. 93-352, 88 Stat. 358; July 23, 1974, Pub. L. 93-354,
88 Stat. 373; Jan. 4, 1975, Pub. L. 93-640, 88 Stat. 2217; July
29, 1975, Pub. L. 94-63, 89 Stat. 304; Nov. 28, 1975, Pub. L.
94-135, 89 Stat. 713; Apr. 21, 1976, Pub. L. 94-273, 90 Stat. 375;
Apr. 22, 1976, Pub. L. 94-278, 90 Stat. 401; Oct. 19, 1976, Pub. L.
94-562, 90 Stat. 2645; Aug. 1, 1977, Pub. L. 95-83, 91 Stat. 383;
Nov. 9, 1978, Pub. L. 95-622, 92 Stat. 3412; Nov. 9, 1978, Pub. L.
95-623, 92 Stat. 3443; July 10, 1979, Pub. L. 96-32, 93 Stat. 82;
Oct. 7, 1980, Pub. L. 96-398, 94 Stat. 1564; Dec. 17, 1980, Pub. L.
96-538, 94 Stat. 3183; Aug. 13, 1981, Pub. L. 97-35, 95 Stat. 358;
Apr. 26, 1984, Pub. L. 98-24, 97 Stat. 175.
Title IV was subsequently amended generally and completely
reorganized by Pub. L. 99-158, 2, Nov. 20, 1985, 99 Stat. 822.
42 USC Part A -- National Institutes of Health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 281. Organization of National Institutes of Health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Agency of Public Health Service
The National Institutes of Health is an agency of the Service.
(b) Agencies within
(1) The following national research institutes are agencies of the
National Institutes of Health:
(A) The National Cancer Institute.
(B) The National Heart, Lung, and Blood Institute.
(C) The National Institute of Diabetes and Digestive and Kidney
Diseases.
(D) The National Institute of Arthritis and Musculoskeletal and Skin
Diseases.
(E) The National Institute on Aging.
(F) The National Institute of Allergy and Infectious Diseases.
(G) The National Institute of Child Health and Human Development.
(H) The National Institute of Dental Research.
(I) The National Eye Institute.
(J) The National Institute of Neurological Disorders and Stroke.
(K) The National Institute of General Medical Sciences.
(L) The National Institute of Environmental Health Sciences.
(M) The National Institute on Deafness and Other Communication
Disorders.
(2) The following entities are agencies of the National Institutes of
Health:
(A) The National Library of Medicine.
(B) The Division of Research Resources.
(C) The John E. Fogarty International Center for Advanced Study in
the Health Sciences.
(D) The National Center for Nursing Research.
(c) Establishment of additional national research institutes;
reorganization or abolition of institutes
(1) The Secretary may establish in the National Institutes of Health
one or more additional national research institutes to conduct and
support research, training, health information, and other programs with
respect to any particular disease or groups of diseases or any other
aspect of human health if --
(A) the Secretary determines that an additional institute is
necessary to carry out such activities; and
(B) the additional institute is not established before the expiration
of 180 days after the Secretary has provided the Committee on Energy and
Commerce of the House of Representatives and the Committee on Labor and
Human Resources of the Senate written notice of the determination made
under subparagraph (A) with respect to the institute.
(2) The Secretary may reorganize the functions of any national
research institute and may abolish any national research institute if
the Secretary determines that the institute is no longer required. A
reorganization or abolition may not take effect under this paragraph
before the expiration of 180 days after the Secretary has provided the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate written notice of
the reorganization or abolition.
(d) ''National research institute'' defined
For purposes of this subchapter, the term ''national research
institute'' means a national research institute listed in subsection (b)
of this section or established under subsection (c) of this section. A
reference to the National Institutes of Health includes its agencies.
(July 1, 1944, ch. 373, title IV, 401, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 822, and amended Oct. 28, 1988, Pub. L.
100-553, 2(1), 102 Stat. 2769; Nov. 4, 1988, Pub. L. 100-607, title I,
101(1), 102 Stat. 3048; Nov. 18, 1988, Pub. L. 100-690, title II,
2613(b)(2), 102 Stat. 4238.)
1988 -- Subsec. (b)(1)(J), (M). Pub. L. 100-553 and Pub. L.
100-607 made identical amendments, striking out ''and Communicative''
after ''Neurological'' in subpar. (J), and adding subpar. (M). Pub.
L. 100-690 amended subsec. (b)(1) to read as if the amendments by Pub.
L. 100-607 had not been enacted.
For effective date of amendment by Pub. L. 100-690, see section
2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of
Similar Provisions note under section 285m of this title.
Section 5 of Pub. L. 99-158 provided that:
''(a) Establishment of Committee. -- The Secretary shall establish a
Lupus Erythematosus Coordinating Committee to plan, develop, coordinate,
and implement comprehensive Federal initiatives in research on Lupus
Erythematosus.
''(b) Committee Composition and Meetings. -- (1) The Committee shall
be composed of --
''(A) the Director of the National Institute of Neurological and
Communicative Disorders and Stroke (or the designee of such Director);
''(B) the Director of the National Institute of Allergy and
Infectious Diseases (or the designee of such Director);
''(C) the Director of the National Institute of Arthritis and
Musculoskeletal and Skin Diseases (or the designee of such Director);
''(D) the Director of the National Institute of General Medical
Sciences (or the designee of such Director);
''(E) the Director of the National Heart, Lung, and Blood Institute
(or the designee of such Director);
''(F) the Director of the National Institute of Diabetes and
Digestive and Kidney Diseases (or the designee of such Director); and
''(G) the Director of the Centers for Disease Control (or the
designee of such Director).
''(2) The Committee shall meet at least four times a year. The
Secretary shall designate as chairman of the Committee the Director of
the National Institute of Arthritis and Musculoskeletal and Skin
Diseases.
''(c) Report. -- The Committee shall prepare a report for Congress on
its activities. The report shall include a description of research
projects on Lupus Erythematosus conducted or supported by Federal
agencies in the fiscal year for which the report is made, the nature and
purpose of each such project, the amounts expended for each such
project, and an identification of the entity which conducted the
research under each such project. Such report shall be submitted not
later than 18 months after the date of the date of enactment of this Act
(Nov. 20, 1985). The Committee shall terminate one month after the
report is submitted.''
Section 9 of Pub. L. 99-158 provided that:
''(a) Establishment. -- Not later than 90 days after the date of
enactment of this Act (Nov. 20, 1985), the Director of the National
Institutes of Health shall establish an Interagency Committee on
Learning Disabilities to review and assess Federal research priorities,
activities, and findings regarding learning disabilities (including
central nervous system dysfunction in children).
''(b) Composition. -- The Committee shall be composed of such
representatives as the Director may designate, but shall include
representatives from the National Institute of Neurological and
Communicative Disorders and Stroke, the National Institute of Child
Health and Human Development, the National Institute of Allergy and
Infectious Diseases, the National Eye Institute, the National Institute
of Environmental Health Sciences, the Division of Research Resources of
the National Institutes of Health, the Food and Drug Administration, the
National Institute of Mental Health, and the Department of Education.
''(c) Report. -- Not later than 18 months after the date of enactment
of this Act (Nov. 20, 1985), the Committee shall report to the Congress
on its activities under subsection (a) and shall include in the report
--
''(1) the number of persons affected by learning disabilities and the
demographic data which describes such persons;
''(2) a description of the current research findings on the cause,
diagnosis, treatment, and prevention of learning disabilities; and
''(3) recommendations for legislation and administrative actions --
''(A) to increase the effectiveness of research on learning
disabilities and to improve the dissemination of the findings of such
research; and
''(B) respecting specific priorities for research in the cause,
diagnosis, treatment, and prevention of learning disabilities.
''(d) Termination. -- The Committee shall terminate 90 days after the
date of the submission of the report under subsection (c).''
42 USC 282. Director of National Institutes of Health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Appointment
The National Institutes of Health shall be headed by the Director of
the National Institutes of Health (hereafter in this subchapter referred
to as the ''Director of NIH'') who shall be appointed by the President
by and with the advice and consent of the Senate. The Director of NIH
shall perform functions as provided under subsection (b) of this section
and as the Secretary may otherwise prescribe.
(b) Duties and authority
In carrying out the purposes of section 241 of this title, the
Secretary, acting through the Director of NIH --
(1) shall be responsible for the overall direction of the National
Institutes of Health and for the establishment and implementation of
general policies respecting the management and operation of programs and
activities within the National Institutes of Health;
(2) shall coordinate and oversee the operation of the national
research institutes and administrative entities within the National
Institutes of Health;
(3) shall assure that research at or supported by the National
Institutes of Health is subject to review in accordance with section
289a of this title;
(4) for the national research institutes and administrative entities
within the National Institutes of Health --
(A) may acquire, construct, improve, repair, operate, and maintain,
at the site of such institutes and entities, laboratories, and other
research facilities, other facilities, equipment, and other real or
personal property, and
(B) may acquire, without regard to section 34 of title 40, by lease
or otherwise through the Administrator of General Services, buildings or
parts of buildings in the District of Columbia or communities located
adjacent to the District of Columbia for use for a period not to exceed
ten years;
(5) may secure resources for research conducted by or through the
National Institutes of Health;
(6) 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, establish
such technical and scientific peer review groups and scientific program
advisory committees as are needed to carry out the requirements of this
subchapter and appoint and pay the members of such groups, except that
officers and employees of the United States shall not receive additional
compensation for service as members of such groups;
(7) may secure for the National Institutes of Health consultation
services and advice of persons from the United States or abroad;
(8) may use, with their consent, the services, equipment, personnel,
information, and facilities of other Federal, State, or local public
agencies, with or without reimbursement therefor;
(9) may, for purposes of study, admit and treat at facilities of the
National Institutes of Health individuals not otherwise eligible for
such treatment;
(10) may accept voluntary and uncompensated services; and
(11) may perform such other administrative functions as the Secretary
determines are needed to effectively carry out this subchapter.
The Federal Advisory Committee Act shall not apply to the duration of
a peer review group appointed under paragraph (6). The members of such
a group shall be individuals who by virtue of their training or
experience are eminently qualified to perform the review functions of
such group. Not more than one-fourth of the members of any such group
shall be officers or employees of the United States.
(c) Availability of substances and organisms for research
The Director of NIH 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.
(d) Services of experts or consultants; number; payment of
expenses, conditions, recovery
(1) The Director of NIH may obtain (in accordance with section 3109
of title 5, but without regard to the limitation in such section on the
period of service) the services of not more than two hundred experts or
consultants, with scientific or other professional qualifications, for
the National Institutes of Health.
(2)(A) Except as provided in subparagraph (B), experts and
consultants whose services are obtained under paragraph (1) shall be
paid or reimbursed, in accordance with title 5, for their travel to and
from their place of service and for other expenses associated with their
assignment.
(B) Expenses specified in subparagraph (A) shall not be allowed in
connection with the assignment of an expert or consultant whose services
are obtained under paragraph (1) unless the expert or consultant has
agreed in writing to complete the entire period of the assignment or one
year of the assignment, whichever is shorter, unless separated or
reassigned for reasons which are beyond the control of the expert or
consultant and which are acceptable to the Secretary. If the expert or
consultant violates the agreement, the money spent by the United States
for such expenses is recoverable from the expert or consultant as a debt
due the United States. The Secretary may waive in whole or in part a
right of recovery under this subparagraph.
(e) Dissemination of research information
The Director of NIH shall --
(1) advise the agencies of the National Institutes of Health on
medical applications of research;
(2) coordinate, review, and facilitate the systematic identification
and evaluation of, clinically relevant information from research
conducted by or through the national research institutes;
(3) promote the effective transfer of the information described in
paragraph (2) to the health care community and to entities that require
such information; and
(4) monitor the effectiveness of the activities described in
paragraph (3).
(f) Associate Director for Prevention; functions; report to
Director
There shall be in the National Institutes of Health an Associate
Director for Prevention. The Director of NIH shall delegate to the
Associate Director for Prevention the functions of the Director relating
to the promotion of the disease prevention research programs of the
national research institutes and the coordination of such programs among
the national research institutes and between the national research
institutes and other public and private entities. The Associate
Director shall annually report to the Director of NIH on the prevention
activities undertaken by the Associate Director. The report shall
include a detailed statement of the expenditures made for the activities
reported on and the personnel used in connection with such activities.
(July 1, 1944, ch. 373, title IV, 402, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 823, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 111, 102 Stat. 3052.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (b)(6), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
The General Schedule, referred to in subsec. (b)(6), is set out
under section 5332 of Title 5.
The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5.
The provisions of title 5 relating to reimbursement for travel
expenses, referred to in subsec. (d)(2)(A), are classified generally to
section 5701 et seq. of Title 5.
1988 -- Subsec. (b)(6). Pub. L. 100-607 inserted ''and scientific
program advisory committees'' after ''peer review groups''.
42 USC 283. Biennial report of Director to President and Congress;
contents
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall transmit to the President and to the Congress a
biennial report which shall be prepared by the Director of NIH and which
shall consist of --
(1) a description of the activities carried out by and through the
National Institutes of Health and the policies respecting the programs
of the National Institutes of Health and such recommendations respecting
such policies as the Secretary considers appropriate;
(2) a description of the activities undertaken to improve grants and
contracting accountability and technical and scientific peer review
procedures of the National Institutes of Health and the national
research institutes;
(3) the reports made by the Associate Director for Prevention under
section 282(f) of this title during the period for which the biennial
report is prepared;
(4) a description of the health related behavioral research that has
been supported by the National Institutes of Health in the preceding
2-year period, and a description of any plans for future activity in
such area; and
(5) the biennial reports of the Directors of each of the national
research institutes, the Director of the Division of Research Resources,
and the Director of the National Center for Nursing Research.
The first report under this section shall be submitted not later than
July 1, 1986, and shall relate to the fiscal year ending September 30,
1985. The next report shall be submitted not later than December 30,
1988, and shall relate to the two-fiscal-year period ending on the
preceding September 30. Each subsequent report shall be submitted not
later than 90 days after the end of the two-fiscal-year period for which
the report is to be submitted.
(July 1, 1944, ch. 373, title IV, 403, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 826, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 112, 102 Stat. 3052.)
1988 -- Pars. (4), (5). Pub. L. 100-607 added par. (4) and
redesignated former par. (4) as (5).
42 USC Part B -- General Provisions Respecting National Research
Institutes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 284. Directors of national research institutes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Appointment
The Director of the National Cancer Institute shall be appointed by
the President and the Directors of the other national research
institutes shall be appointed by the Secretary. Each Director of a
national research institute shall report directly to the Director of
NIH.
(b) Duties and authority; grants, contracts, and cooperative
agreements
(1) In carrying out the purposes of section 241 of this title with
respect to human diseases or disorders or other aspects of human health
for which the national research institutes were established, the
Secretary, acting through the Director of each national research
institute --
(A) shall encourage and support research, investigations,
experiments, demonstrations, and studies in the health sciences related
to --
(i) the maintenance of health,
(ii) the detection, diagnosis, treatment, and prevention of human
diseases and disorders,
(iii) the rehabilitation of individuals with human diseases,
disorders, and disabilities, and
(iv) the expansion of knowledge of the processes underlying human
diseases, disorders, and disabilities, the processes underlying the
normal and pathological functioning of the body and its organ systems,
and the processes underlying the interactions between the human organism
and the environment;
(B) may, subject to the peer review prescribed under section 289a(b)
of this title and any advisory council review under section
284a(a)(3)(A)(i) of this title, conduct the research, investigations,
experiments, demonstrations, and studies referred to in subparagraph
(A);
(C) may conduct and support research training (i) for which
fellowship support is not provided under section 288 of this title, and
(ii) which is not residency training of physicians or other health
professionals;
(D) may develop, implement, and support demonstrations and programs
for the application of the results of the activities of the institute to
clinical practice and disease prevention activities;
(E) may develop, conduct, and support public and professional
education and information programs;
(F) may secure, develop and maintain, distribute, and support the
development and maintenance of resources needed for research;
(G) may make available the facilities of the institute to appropriate
entities and individuals engaged in research activities and cooperate
with and assist Federal and State agencies charged with protecting the
public health;
(H) may accept unconditional gifts made to the institute for its
activities, and, in the case of gifts of a value in excess of $50,000,
establish suitable memorials to the donor;
(I) may secure for the institute consultation services and advice of
persons from the United States or abroad;
(J) may use, with their consent, the services, equipment, personnel,
information, and facilities of other Federal, State, or local public
agencies, with or without reimbursement therefor;
(K) may accept voluntary and uncompensated services; and
(L) may perform such other functions as the Secretary determines are
needed to carry out effectively the purposes of the institute.
The indemnification provisions of section 2354 of title 10 shall
apply with respect to contracts entered into under this subsection and
section 282(b) of this title.
(2) Support for an activity or program under this subsection may be
provided through grants, contracts, and cooperative agreements. The
Secretary, acting through the Director of each national research
institute --
(A) may enter into a contract for research, training, or
demonstrations only if the contract has been recommended after technical
and scientific peer review required by regulations under section 289a of
this title; and
(B) may make grants and cooperative agreements under paragraph (1)
for research, training, or demonstrations, except that --
(i) if the direct cost of the grant or cooperative agreement to be
made does not exceed $50,000, such grant or cooperative agreement may be
made only if such grant or cooperative agreement has been recommended
after technical and scientific peer review required by regulations under
section 289a of this title, and
(ii) if the direct cost of the grant or cooperative agreement to be
made exceeds $50,000, such grant or cooperative agreement may be made
only if such grant or cooperative agreement has been recommended after
technical and scientific peer review required by regulations under
section 289a of this title and is recommended under section
284a(a)(3)(A)(ii) of this title by the advisory council for the national
research institute involved.
(c) Coordination with other public and private entities; cooperation
with other national research institutes; appointment of additional peer
review groups
In carrying out subsection (b) of this section, each Director of a
national research institute --
(1) shall coordinate, as appropriate, the activities of the institute
with similar programs of other public and private entities;
(2) shall cooperate with the Directors of the other national research
institutes in the development and support of multidisciplinary research
and research that involves more than one institute;
(3) may, in consultation with the advisory council for the Institute
and the approval of the Director of NIH, establish and appoint technical
and scientific peer review groups in addition to those established and
appointed under section 282(b)(6) of this title; and
(4) may publish, or arrange for the publication of, information with
respect to the purpose of the Institute without regard to section 501 of
title 44.
(July 1, 1944, ch. 373, title IV, 405, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 826, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 116, 102 Stat. 3053; Nov. 18, 1988, Pub. L. 100-690, title
II, 2613(c), 102 Stat. 4239.)
1988 -- Subsec. (b)(1). Pub. L. 100-607, 116(1), struck out ''the''
after ''with respect to'' in introductory provisions.
Subsec. (c)(3). Pub. L. 100-690 substituted ''establish and appoint''
and ''established and appointed'' for ''establish'' and ''established'',
respectively.
Pub. L. 100-607, 116(2)(A), amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ''may, with the approval of the
advisory council for the institute and the Director of NIH, appoint
technical and scientific peer review groups in addition to those
appointed under section 282(b)(6) of this title.''
Subsec. (c)(4). Pub. L. 100-607, 116(2)(C), added par. (4).
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
42 USC 284a. Advisory councils
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; acceptance of conditional gifts; functions
(1) Except as provided in subsection (h) of this section, the
Secretary shall appoint an advisory council for each national research
institute which (A) shall advise, assist, consult with, and make
recommendations to the Secretary and the Director of such institute on
matters related to the activities carried out by and through the
institute and the policies respecting such activities, and (B) shall
carry out the special functions prescribed by part C of this subchapter.
(2) Each advisory council for a national research institute may
recommend to the Secretary acceptance, in accordance with section 300aaa
of this title, of conditional gifts for study, investigation, or
research respecting the diseases, disorders, or other aspect of human
health with respect to which the institute was established, for the
acquisition of grounds, or for the construction, equipping, or
maintenance of facilities for the institute.
(3) Each advisory council for a national research institute --
(A)(i) may on the basis of the materials provided under section
289a(b)(2) of this title respecting research conducted at the institute,
make recommendations to the Director of the institute respecting such
research,
(ii) may review applications for grants and cooperative agreements
for research or training and for which advisory council approval is
required under section 284(b)(2) of this title and recommend for
approval applications for projects which show promise of making valuable
contributions to human knowledge, and
(iii) may review any grant, contract, or cooperative agreement
proposed to be made or entered into by the institute;
(B) may collect, by correspondence or by personal investigation,
information as to studies which are being carried on in the United
States or any other country as to the diseases, disorders, or other
aspect of human health with respect to which the institute was
established and with the approval of the Director of the institute make
available such information through appropriate publications for the
benefit of public and private health entities and health professions
personnel and scientists and for the information of the general public;
and
(C) may appoint subcommittees and convene workshops and conferences.
(b) Membership; compensation
(1) Each advisory council shall consist of ex officio members and not
more than eighteen members appointed by the Secretary. The ex officio
members shall be nonvoting members.
(2) The ex officio members of an advisory council shall consist of --
(A) the Secretary, the Director of NIH, the Director of the national
research institute for which the council is established, the Chief
Medical Director of the Veterans' Administration or the Chief Dental
Director of the Veterans' Administration, and the Assistant Secretary of
Defense for Health Affairs (or the designees of such officers), and
(B) such additional officers or employees of the United States as the
Secretary determines necessary for the advisory council to effectively
carry out its functions.
(3) The members of an advisory council who are not ex officio members
shall be appointed as follows:
(A) Two-thirds of the members shall be appointed by the Secretary
from among the leading representatives of the health and scientific
disciplines (including not less than two individuals who are leaders in
the fields of public health and the behavioral or social sciences)
relevant to the activities of the national research institute for which
the advisory council is established.
(B) One-third of the members shall be appointed by the Secretary from
the general public and shall include leaders in fields of public policy,
law, health policy, economics, and management.
(4) Members of an advisory council who are officers or employees of
the United States shall not receive any compensation for service on the
advisory council. The other members of an advisory council shall
receive, for each day (including traveltime) they are engaged in the
performance of the functions of the advisory council, compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule.
(c) Term of office; reappointment; vacancy
The term of office of an appointed member of an advisory council is
four years, except that any member appointed to fill a vacancy for an
unexpired term shall be appointed for the remainder of such term and the
Secretary shall make appointments to an advisory council in such a
manner as to ensure that the terms of the members do not all expire in
the same year. A member may serve after the expiration of the member's
term until a successor has taken office. A member who has been
appointed for a term of four years may not be reappointed to an advisory
council before two years from the date of expiration of such term of
office. If a vacancy occurs in the advisory council among the appointed
members, the Secretary shall make an appointment to fill the vacancy
within 90 days from the date the vacancy occurs.
(d) Chairman; term of office
The chairman of an advisory council shall be selected by the
Secretary from among the appointed members, except that the Secretary
may select the Director of the national research institute for which the
advisory council is established to be the chairman of the advisory
council. The term of office of the chairman shall be two years.
(e) Meetings
The advisory council shall meet at the call of the chairman or upon
the request of the Director of the national research institute for which
it was established, but at least three times each fiscal year. The
location of the meetings of each advisory council is subject to the
approval of the Director of the national research institute for which
the advisory council was established.
(f) Appointment of executive secretary; training and orientation for
new members
The Director of the national research institute for which an advisory
council is established shall designate a member of the staff of the
institute to serve as the executive secretary of the advisory council.
The Director of such institute shall make available to the advisory
council such staff, information, and other assistance as it may require
to carry out its functions. The Director of such institute shall
provide orientation and training for new members of the advisory council
to provide them with such information and training as may be appropriate
for their effective participation in the functions of the advisory
council.
(g) Comments and recommendations for inclusion in biennial report;
additional reports
Each advisory council may prepare, for inclusion in the biennial
report made under section 284b of this title, (1) comments respecting
the activities of the advisory council in the fiscal years respecting
which the report is prepared, (2) comments on the progress of the
national research institute for which it was established in meeting its
objectives, and (3) recommendations respecting the future directions and
program and policy emphasis of the institute. Each advisory council may
prepare such additional reports as it may determine appropriate.
(h) Advisory councils in existence; application of section to
National Cancer Advisory Board and advisory council to National Heart,
Lung, and Blood Institute
(1) Except as provided in paragraph (2), this section does not
terminate the membership of any advisory council for a national research
institute which was in existence on November 20, 1985. After November
20, 1985 --
(A) the Secretary shall make appointments to each such advisory
council in such a manner as to bring about as soon as practicable the
composition for such council prescribed by this section;
(B) each advisory council shall organize itself in accordance with
this section and exercise the functions prescribed by this section; and
(C) the Director of each national research institute shall perform
for such advisory council the functions prescribed by this section.
(2)(A) The National Cancer Advisory Board shall be the advisory
council for the National Cancer Institute. This section applies to the
National Cancer Advisory Board, except that --
(i) appointments to such Board shall be made by the President;
(ii) the term of office of an appointed member shall be 6 years;
(iii) of the members appointed to the Board not less than five
members shall be individuals knowledgeable in environmental
carcinogenesis (including carcinogenesis involving occupational and
dietary factors);
(iv) the chairman of the Board shall be selected by the President
from the appointed members and shall serve as chairman for a term of two
years;
(v) the ex officio members of the Board shall be nonvoting members
and shall be the Secretary, the Director of the Office of Science and
Technology Policy, the Director of NIH, the Chief Medical Director of
the Veterans' Administration, the Director of the National Institute for
Occupational Safety and Health, the Director of the National Institute
of Environmental Health Sciences, the Secretary of Labor, the
Commissioner of the Food and Drug Administration, the Administrator of
the Environmental Protection Agency, the Chairman of the Consumer
Product Safety Commission, the Assistant Secretary of Defense for Health
Affairs, and the Director of the Office of Energy Research of the
Department of Energy (or the designees of such officers); and
(vi) the Board shall meet at least four times each fiscal year.
(B) This section applies to the advisory council to the National
Heart, Lung, and Blood Institute, except that the advisory council shall
meet at least four times each fiscal year.
(July 1, 1944, ch. 373, title IV, 406, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 828, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 117, 102 Stat. 3053; Aug. 18, 1990, Pub. L. 101-381, title
I, 102(1), 104 Stat. 585.)
1990 -- Subsec. (a)(2). Pub. L. 101-381 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
1988 -- Subsec. (b)(1). Pub. L. 100-607, 117(a), inserted at end
''The ex officio members shall be nonvoting members.''
Subsec. (b)(3)(A). Pub. L. 100-607, 117(b), inserted ''not less than
two individuals who are leaders in the fields of'' after ''(including''.
Subsec. (h)(2)(A)(v). Pub. L. 100-607, 117(c), inserted ''shall be
nonvoting members and'' after ''Board'' and substituted ''the Assistant
Secretary of Defense for Health Affairs, and the Director of the Office
of Energy Research of the Department of Energy'' for ''and the Assistant
Secretary of Defense for Health Affairs''.
Reference to Veterans' Administration deemed to refer to Department
of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out
as a Department of Veterans Affairs Act note under section 301 of Title
38, Veterans' Benefits.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 284b. Biennial report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of each national research institute, after consultation
with the advisory council for the institute, shall prepare for inclusion
in the biennial report made under section 283 of this title a biennial
report which shall consist of a description of the activities of the
institute and program policies of the Director of the institute in the
fiscal years respecting which the report is prepared. The Director of
each national research institute may prepare such additional reports as
the Director determines appropriate. The Director of each national
research institute shall provide the advisory council for the institute
an opportunity for the submission of the written comments referred to in
section 284a(g) of this title.
(July 1, 1944, ch. 373, title IV, 407, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 831.)
42 USC 284c. Authorization of appropriations; amounts obligated for
administrative expenses; annual report to Congress
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In addition to amounts otherwise authorized to be appropriated
under this subchapter for the National Institutes of Health, the
following amounts are authorized to be appropriated:
(1)(A) For the National Cancer Institute (other than its programs
under section 285a-1 of this title), there are authorized to be
appropriated $1,500,000,000 for fiscal year 1989 and such sums as may be
necessary for fiscal year 1990.
(B) For the programs under section 285a-1 of this title, there are
authorized to be appropriated $100,000,000 for fiscal year 1989 and such
sums as may be necessary for fiscal year 1990.
(2)(A) For the National Heart, Lung, and Blood Institute (other than
its program under section 285b-1 of this title), there are authorized to
be appropriated $1,100,000,000 for fiscal year 1989 and such sums as may
be necessary for fiscal year 1990. Of the amounts appropriated for the
National Heart, Lung, and Blood Institute (other than its program under
section 285b-1 of this title) for a fiscal year, the Secretary shall
make available not less than 15 percent for programs respecting diseases
of the lung and not less than 15 percent for programs respecting blood
diseases and blood resources.
(B) For the program of the National Heart, Lung, and Blood Institute
under section 285b-1 of this title, there is authorized to be
appropriated $101,000,000 for fiscal year 1989 and such sums as may be
necessary for fiscal year 1990.
(b)(1) Except as provided in paragraph (2), the sum of the amounts
obligated in any fiscal year for administrative expenses of the National
Institutes of Health may not exceed an amount which is 5.5 percent of
the total amount appropriated for such fiscal year for the National
Institutes of Health.
(2) Paragraph (1) does not apply to the National Library of Medicine,
the National Center for Nursing Research, the John E. Fogarty
International Center for Advanced Study in the Health Sciences, the
Warren G. Magnuson Clinical Center, and the Office of Medical
Applications of Research.
(3) For purposes of paragraph (1), the term ''administrative
expenses'' means expenses incurred for the support of activities
relevant to the award of grants, contracts, and cooperative agreements
and expenses incurred for general administration of the scientific
programs and activities of the National Institutes of Health. In
identifying expenses incurred for such support and administration the
Secretary shall consult with the Comptroller General of the United
States.
(4) Not later than December 31, 1987, and December 31 of each
succeeding year, the Secretary shall report to the Congress the amount
obligated in the fiscal year preceding such date for administrative
expenses of the National Institutes of Health and the total amount
appropriated for the National Institutes of Health for such fiscal year.
The Secretary shall consult with the Comptroller General of the United
States in preparing each report.
(5) For fiscal year 1989 and subsequent fiscal years, amounts made
available to the National Institutes of Health shall be available for
payment of nurses and allied health professionals in accordance with
payment authorities, scheduling options, benefits, and other authorities
provided under chapter 73 of title 38 for nurses of the Veterans'
Administration.
(July 1, 1944, ch. 373, title IV, 408, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 831, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 118, 102 Stat. 3053; Nov. 18, 1988, Pub. L. 100-690, title
II, 2613(d), 102 Stat. 4239.)
1988 -- Subsec. (a)(1), (2). Pub. L. 100-607, 118(a), amended
pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2)
read as follows:
''(1)(A) For the National Cancer Institute (other than its programs
under section 285a-1 of this title), there are authorized to be
appropriated $1,194,000,000 for fiscal year 1986, $1,270,000,000 for
fiscal year 1987, and $1,344,000,000 for fiscal year 1988.
''(B) For the programs under section 285a-1 of this title, there are
authorized to be appropriated $68,000,000 for fiscal year 1986,
$74,000,000 for fiscal year 1987, and $80,000,000 for fiscal year 1988.
''(2)(A) For the National Heart, Lung, and Blood Institute (other
than its programs under section 285b-1 of this title), there are
authorized to be appropriated $809,000,000 for fiscal year 1986,
$871,000,000 for fiscal year 1987, and $927,000,000 for fiscal year
1988. Of the amount appropriated under this subsection for such fiscal
year, not less than 15 percent of such amount shall be reserved for
programs respecting diseases of the lung and not less than 15 percent of
such amount shall be reserved for programs respecting blood diseases and
blood resources.
''(B) For the programs under section 285b-1 of this title, there are
authorized to be appropriated $82,000,000 for fiscal year 1986,
$90,000,000 for fiscal year 1987, and $98,000,000 for fiscal year
1988.''
Subsec. (a)(2)(B). Pub. L. 100-690 inserted a comma after ''section
285b-1 of this title''.
Subsec. (b)(5). Pub. L. 100-607, 118(b), added par. (5).
Reference to Veterans' Administration deemed to refer to Department
of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out
as a Department of Veterans Affairs Act note under section 301 of Title
38, Veterans' Benefits.
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
Funds for Payment of Nurses; Rate of Pay and Options
and Benefits
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 738, provided that:
''Funds made available for fiscal year 1986 and hereafter to the Warren
G. Magnuson Clinical Center of the National Institutes of Health shall
be available for payment of nurses at the rates of pay and with schedule
options and benefits authorized for the Veterans Administration pursuant
to 38 U.S.C. 4107.''
42 USC Part C -- Specific Provisions Respecting National Research
Institutes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart 1 -- national cancer institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Cancer Institute (hereafter in
this subpart referred to as the ''Institute'') is the conduct and
support of research, training, health information dissemination, and
other programs with respect to the cause, diagnosis, prevention, and
treatment of cancer, rehabilitation from cancer, and the continuing care
of cancer patients and the families of cancer patients.
(July 1, 1944, ch. 373, title IV, 410, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 832, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 121, 102 Stat. 3054.)
1988 -- Pub. L. 100-607 inserted '', rehabilitation from cancer,''
after ''treatment of cancer''.
42 USC 285a. National Cancer Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The National Cancer Program shall consist of (1) an expanded,
intensified, and coordinated cancer research program encompassing the
research programs conducted and supported by the Institute and the
related research programs of the other national research institutes,
including an expanded and intensified research program for the
prevention of cancer caused by occupational or environmental exposure to
carcinogens, and (2) the other programs and activities of the Institute.
(July 1, 1944, ch. 373, title IV, 411, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 832.)
42 USC 285a-1. Cancer control programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall establish and support
demonstration, education, and other programs for the detection,
diagnosis, prevention, and treatment of cancer and for rehabilitation
and counseling respecting cancer. Programs established and supported
under this section shall include --
(1) locally initiated education and demonstration programs (and
regional networks of such programs) to transmit research results and to
disseminate information respecting --
(A) the detection, diagnosis, prevention, and treatment of cancer,
(B) the continuing care of cancer patients and the families of cancer
patients, and
(C) rehabilitation and counseling respecting cancer,
to physicians and other health professionals who provide care to
individuals who have cancer;
(2) the demonstration of and the education of students of the health
professions and health professionals in --
(A) effective methods for the prevention and early detection of
cancer and the identification of individuals with a high risk of
developing cancer, and
(B) improved methods of patient referral to appropriate centers for
early diagnosis and treatment of cancer; and
(3) the demonstration of new methods for the dissemination of
information to the general public concerning the prevention, early
detection, diagnosis, and treatment and control of cancer and
information concerning unapproved and ineffective methods, drugs, and
devices for the diagnosis, prevention, treatment, and control of cancer.
(July 1, 1944, ch. 373, title IV, 412, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 832.)
42 USC 285a-2. Special authorities of Director
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) The Director of the Institute shall establish an information
and education program to collect, identify, analyze, and disseminate on
a timely basis, through publications and other appropriate means, to
cancer patients and their families, physicians and other health
professionals, and the general public, information on cancer research,
diagnosis, prevention, and treatment (including information respecting
nutrition programs for cancer patients and the relationship between
nutrition and cancer). The Director of the Institute may take such
action as may be necessary to insure that all channels for the
dissemination and exchange of scientific knowledge and information are
maintained between the Institute and the public and between the
Institute and other scientific, medical, and biomedical disciplines and
organizations nationally and internationally.
(2) In carrying out paragraph (1), the Director of the Institute
shall --
(A) provide public and patient information and education programs,
providing information that will help individuals take personal steps to
reduce their risk of cancer, to make them aware of early detection
techniques and to motivate appropriate utilization of those techniques,
to help individuals deal with cancer if it strikes, and to provide
information to improve long-term survival;
(B) continue and expand programs to provide physicians and the public
with state-of-the-art information on the treatment of particular forms
of cancers, and to identify those clinical trials that might benefit
patients while advancing knowledge of cancer treatment;
(C) assess the incorporation of state-of-the-art cancer treatments
into clinical practice and the extent to which cancer patients receive
such treatments and include the results of such assessments in the
biennial reports required under section 284b of this title;
(D) maintain and operate the International Cancer Research Data Bank,
which shall collect, catalog, store, and disseminate insofar as feasible
the results of cancer research and treatment undertaken in any country
for the use of any person involved in cancer research and treatment in
any country; and
(E) to the extent practicable, in disseminating the results of such
cancer research and treatment, utilize information systems available to
the public.
(b) The Director of the Institute in carrying out the National Cancer
Program --
(1) shall establish or support the large-scale production or
distribution of specialized biological materials and other therapeutic
substances for cancer research and set standards of safety and care for
persons using such materials;
(2) shall, in consultation with the advisory council for the
Institute, support (A) research in the cancer field outside the United
States by highly qualified foreign nationals which can be expected to
benefit the American people, (B) collaborative research involving
American and foreign participants, and (C) the training of American
scientists abroad and foreign scientists in the United States;
(3) shall, in consultation with the advisory council for the
Institute, support appropriate programs of education and training
(including continuing education and laboratory and clinical research
training);
(4) shall encourage and coordinate cancer research by industrial
concerns where such concerns evidence a particular capability for such
research;
(5) may obtain (after consultation with the advisory council for the
Institute and in accordance with section 3109 of title 5, but without
regard to the limitation in such section on the period of service) the
services of not more than one hundred and fifty-one experts or
consultants who have scientific or professional qualifications;
(6)(A) may, in consultation with the advisory council for the
Institute, acquire, construct, improve, repair, operate, and maintain
laboratories, other research facilities, equipment, and such other real
or personal property as the Director determines necessary;
(B) may, in consultation with the advisory council for the Institute,
make grants for construction or renovation of facilities; and
(C) may, in consultation with the advisory council for the Institute,
acquire, without regard to section 34 of title 40, by lease or otherwise
through the Administrator of General Services, buildings or parts of
buildings in the District of Columbia or communities located adjacent to
the District of Columbia for the use of the Institute for a period not
to exceed ten years;
(7) may, in consultation with the advisory council for the Institute,
appoint one or more advisory committees composed of such private
citizens and officials of Federal, State, and local governments to
advise the Director with respect to the Director's functions;
(8) may, subject to section 284(b)(2) of this title and without
regard to section 3324 of title 31 and section 5 of title 41, enter into
such contracts, leases, cooperative agreements, as may be necessary in
the conduct of functions of the Director, with any public agency, or
with any person, firm, association, corporation, or educational
institution; and
(9)(A) shall, notwithstanding section 284(a) of this title, prepare
and submit, directly to the President for review and transmittal to
Congress, an annual budget estimate (including an estimate of the number
and type of personnel needs for the Institute) for the National Cancer
Program, after reasonable opportunity for comment (but without change)
by the Secretary, the Director of NIH, and the Institute's advisory
council; and (B) may receive from the President and the Office of
Management and Budget directly all funds appropriated by Congress for
obligation and expenditure by the Institute.
Except as otherwise provided, experts and consultants whose services
are obtained under paragraph (5) shall be paid or reimbursed, in
accordance with title 5 for their travel to and from their place of
service and for other expenses associated with their assignment. Such
expenses shall not be allowed in connection with the assignment of an
expert or consultant whose services are obtained under paragraph (5)
unless the expert or consultant has agreed in writing to complete the
entire period of the assignment or one year of the assignment, whichever
is shorter, unless separated or reassigned for reasons which are beyond
the control of the expert or consultant and which are acceptable to the
Director of the Institute. If the expert or consultant violates the
agreement, the money spent by the United States for such expenses is
recoverable from the expert or consultant as a debt due the United
States. The Secretary may waive in whole or in part a right of recovery
under the preceding sentence.
(July 1, 1944, ch. 373, title IV, 413, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 833, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 122, 102 Stat. 3054; Aug. 16, 1989, Pub. L. 101-93, 5(c),
103 Stat. 611.)
The provisions of title 5 relating to reimbursement for travel
expenses, referred to in subsec. (b), are classified generally to
section 5701 et seq. of Title 5, Government Organization and Employees.
1989 -- Subsec. (a)(1). Pub. L. 101-93 substituted ''Institute and''
for ''Institute and and''.
1988 -- Subsec. (a). Pub. L. 100-607, 122(1), designated existing
provisions as par. (1), substituted ''education program'' for
''education center'', inserted ''and the public and between the
Institute and'' after ''between the Institute'', and added par. (2).
Subsec. (b)(5). Pub. L. 100-607, 122(2)(A), substituted ''after
consultation with'' for ''with the approval of''.
Subsec. (b)(8) to (10). Pub. L. 100-607, 122(2)(B), inserted
''and'' after ''or educational institution;'' in par. (8), redesignated
par. (10) as (9), and struck out former par. (9) which related to
International Cancer Research Data Bank.
42 USC 285a-3. National cancer research and demonstration centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Cooperative agreements and grants for establishing and supporting
(1) The Director of the Institute may enter into cooperative
agreements with and make grants to public or private nonprofit entities
to pay all or part of the cost of planning, establishing, or
strengthening, and providing basic operating support for centers for
basic and clinical research into, training in, and demonstration of
advanced diagnostic, prevention, control, and treatment methods for
cancer.
(2) A cooperative agreement or grant under paragraph (1) shall be
entered into in accordance with policies established by the Director of
NIH and after consultation with the Institute's advisory council.
(b) Uses for Federal payments under cooperative agreements or grants
Federal payments made under a cooperative agreement or grant under
subsection (a) of this section may be used for --
(1) construction (notwithstanding any limitation under section 289e
of this title);
(2) staffing and other basic operating costs, including such patient
care costs as are required for research;
(3) clinical training, including training for allied health
professionals, continuing education for health professionals and allied
health professions personnel, and information programs for the public
respecting cancer; and
(4) demonstration purposes.
As used in this paragraph, the term ''construction'' does not include
the acquisition of land, and the term ''training'' does not include
research training for which National Research Service Awards may be
provided under section 288 of this title.
(c) Period of support; additional periods
Support of a center under subsection (a) of this section may be for a
period of not to exceed five years. Such period may be extended by the
Director for additional periods of not more than five years each if the
operations of such center have been reviewed by an appropriate technical
and scientific peer review group established by the Director and if such
group has recommended to the Director that such period should be
extended.
(July 1, 1944, ch. 373, title IV, 414, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 835, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 123, 102 Stat. 3055.)
1988 -- Subsec. (a)(1). Pub. L. 100-607 inserted ''control,'' after
''prevention,''.
42 USC 285a-4. President's Cancer Panel; establishment, membership,
etc., functions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) The President's Cancer Panel (hereafter in this section
referred to as the ''Panel'') shall be composed of three persons
appointed by the President who by virtue of their training, experience,
and background are exceptionally qualified to appraise the National
Cancer Program. At least two members of the Panel shall be
distinguished scientists or physicians.
(2)(A) Members of the Panel shall be appointed for three-year terms,
except that (i) any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of such term, and
(ii) a member may serve until the member's successor has taken office.
If a vacancy occurs in the Panel, the President shall make an
appointment to fill the vacancy not later than 90 days after the date
the vacancy occurred.
(B) The President shall designate one of the members to serve as the
chairman of the Panel for a term of one year.
(C) Members of the Panel shall each be entitled to receive 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
Panel and shall be paid or reimbursed, in accordance with title 5, for
their travel to and from their place of service and for other expenses
associated with their assignment.
(3) The Panel shall meet at the call of the chairman, but not less
often than four times a year. A transcript shall be kept of the
proceedings of each meeting of the Panel, and the chairman shall make
such transcript available to the public.
(b) The Panel shall monitor the development and execution of the
activities of the National Cancer Program, and shall report directly to
the President. Any delays or blockages in rapid execution of the
Program shall immediately be brought to the attention of the President.
The Panel shall submit to the President periodic progress reports on the
National Cancer Program and shall submit to the President, the
Secretary, and the Congress an annual evaluation of the efficacy of the
Program and suggestions for improvements, and shall submit such other
reports as the President shall direct.
(July 1, 1944, ch. 373, title IV, 415, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 835.)
The provisions of title 5 relating to reimbursement for travel
expenses, referred to in subsec. (a)(2)(C), are classified generally to
section 5701 et seq. of Title 5, Government Organization and Employees.
Advisory panels established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a panel established by the
President or an officer of the Federal Government, such panel is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a panel established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 285a-5. Associate Director for Prevention; appointment;
function
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) There shall be in the Institute an Associate Director for
Prevention to coordinate and promote the programs in the Institute
concerning the prevention of cancer. The Associate Director shall be
appointed by the Director of the Institute from individuals who because
of their professional training or experience are experts in public
health or preventive medicine.
(b) The Associate Director for Prevention shall prepare for inclusion
in the biennial report made under section 284b of this title a
description of the prevention activities of the Institute, including a
description of the staff and resources allocated to those activities.
(July 1, 1944, ch. 373, title IV, 416, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 836.)
42 USC subpart 2 -- national heart, lung, and blood institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285b. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Heart, Lung, and Blood Institute
(hereafter in this subpart referred to as the ''Institute'') is the
conduct and support of research, training, health information
dissemination, and other programs with respect to heart, blood vessel,
lung, and blood diseases and with respect to the use of blood and blood
products and the management of blood resources.
(July 1, 1944, ch. 373, title IV, 418, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 836.)
42 USC 285b-1. Heart, blood vessel, lung, and blood disease prevention
and control and programs
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute, under policies established by the
Director of NIH and after consultation with the advisory council for the
Institute, shall establish programs as necessary for cooperation with
other Federal health agencies, State, local, and regional public health
agencies, and nonprofit private health agencies in the diagnosis,
prevention, and treatment (including the provision of emergency medical
services) of heart, blood vessel, lung, and blood diseases,
appropriately emphasizing the prevention, diagnosis, and treatment of
such diseases of children.
(July 1, 1944, ch. 373, title IV, 419, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 836.)
42 USC 285b-2. Information and education
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall collect, identify, analyze, and
disseminate on a timely basis, through publications and other
appropriate means, to patients, families of patients, physicians and
other health professionals, and the general public, information on
research, prevention, diagnosis, and treatment of heart, blood vessel,
lung, and blood diseases, the maintenance of health to reduce the
incidence of such diseases, and on the use of blood and blood products
and the management of blood resources. In carrying out this section,
the Director of the Institute shall place special emphasis upon the
utilization of collaborative efforts with both the public and private
sectors to --
(1) increase the awareness and knowledge of health care professionals
and the public regarding the prevention of heart and blood vessel, lung,
and blood diseases and the utilization of blood resources; and
(2) develop and disseminate to health professionals, patients and
patient families, and the public information designed to encourage
adults and children to adopt healthful practices concerning the
prevention of such diseases.
(July 1, 1944, ch. 373, title IV, 420, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 837, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 126, 102 Stat. 3055.)
1988 -- Pub. L. 100-607 amended second sentence generally. Prior to
amendment, second sentence read as follows: ''In carrying out this
section the Director of the Institute shall place special emphasis upon
--
''(1) the dissemination of information regarding diet and nutrition,
environmental pollutants, exercise, stress, hypertension, cigarette
smoking, weight control, and other factors affecting the prevention of
arteriosclerosis and other cardiovascular diseases and of pulmonary and
blood diseases; and
''(2) the dissemination of information designed to encourage children
to adopt healthful habits respecting the risk factors related to the
prevention of such diseases.''
42 USC 285b-3. National Heart, Blood Vessel, Lung, and Blood Diseases
and Blood Resources Program; administrative provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) The National Heart, Blood Vessel, Lung, and Blood Diseases and
Blood Resources Program (hereafter in this subpart referred to as the
''Program'') may provide for --
(A) investigation into the epidemiology, etiology, and prevention of
all forms and aspects of heart, blood vessel, lung, and blood diseases,
including investigations into the social, environmental, behavioral,
nutritional, biological, and genetic determinants and influences
involved in the epidemiology, etiology, and prevention of such diseases;
(B) studies and research into the basic biological processes and
mechanisms involved in the underlying normal and abnormal heart, blood
vessel, lung, and blood phenomena;
(C) research into the development, trial, and evaluation of
techniques, drugs, and devices (including computers) used in, and
approaches to, the diagnosis, treatment (including the provision of
emergency medical services), and prevention of heart, blood vessel,
lung, and blood diseases and the rehabilitation of patients suffering
from such diseases;
(D) establishment of programs that will focus and apply scientific
and technological efforts involving the biological, physical, and
engineering sciences to all facets of heart, blood vessel, lung, and
blood diseases with emphasis on the refinement, development, and
evaluation of technological devices that will assist, replace, or
monitor vital organs and improve instrumentation for detection,
diagnosis, and treatment of and rehabilitation from such diseases;
(E) establishment of programs for the conduct and direction of field
studies, large-scale testing and evaluation, and demonstration of
preventive, diagnostic, therapeutic, and rehabilitative approaches to,
and emergency medical services for, such diseases;
(F) studies and research into blood diseases and blood, and into the
use of blood for clinical purposes and all aspects of the management of
blood resources in the United States, including the collection,
preservation, fractionation, and distribution of blood and blood
products;
(G) the education (including continuing education) and training of
scientists, clinical investigators, and educators, in fields and
specialties (including computer sciences) requisite to the conduct of
clinical programs respecting heart, blood vessel, lung, and blood
diseases and blood resources;
(H) public and professional education relating to all aspects of such
diseases, including the prevention of such diseases, and the use of
blood and blood products and the management of blood resources;
(I) establishment of programs for study and research into heart,
blood vessel, lung, and blood diseases of children (including cystic
fibrosis, hyaline membrane, hemolytic diseases such as sickle cell
anemia and Cooley's anemia, and hemophilic diseases) and for the
development and demonstration of diagnostic, treatment, and preventive
approaches to such diseases; and
(J) establishment of programs for study, research, development,
demonstrations and evaluation of emergency medical services for people
who become critically ill in connection with heart, blood vessel, lung,
or blood diseases.
(2) The Program shall be coordinated with other national research
institutes to the extent that they have responsibilities respecting such
diseases and shall give special emphasis to the continued development in
the Institute of programs related to the causes of stroke and to
effective coordination of such programs with related stroke programs in
the National Institute of Neurological and Communicative Disorders and
Stroke. The Director of the Institute, with the advice of the advisory
council for the Institute, shall revise annually the plan for the
Program and shall carry out the Program in accordance with such plan.
(b) In carrying out the Program, the Director of the Institute, under
policies established by the Director of NIH --
(1) may /1/ after consultation with the advisory council for the
Institute, obtain (in accordance with section 3109 of title 5, but
without regard to the limitation in such section on the period of such
service) the services of not more than one hundred experts or
consultants who have scientific or professional qualifications;
(2)(A) may, in consultation with the advisory council for the
Institute, acquire and construct, improve, repair, operate, alter,
renovate, and maintain, heart, blood vessel, lung, and blood disease and
blood resource laboratories, research, training, and other facilities,
equipment, and such other real or personal property as the Director
determines necessary;
(B) may, in consultation with the advisory council for the Institute,
make grants for construction or renovation of facilities; and
(C) may, in consultation with the advisory council for the Institute,
acquire, without regard to section 34 of title 40, by lease or
otherwise, through the Administrator of General Services, buildings or
parts of buildings in the District of Columbia or communities located
adjacent to the District of Columbia for the use of the Institute for a
period not to exceed ten years;
(3) subject to section 284(b)(2) of this title and without regard to
section 3324 of title 31 and section 5 of title 41, may enter into such
contracts, leases, cooperative agreements, or other transactions, as may
be necessary in the conduct of the Director's functions, with any public
agency, or with any person, firm, association, corporation, or
educational institutions; and
(4) may make grants to public and nonprofit private entities to
assist in meeting the cost of the care of patients in hospitals,
clinics, and related facilities who are participating in research
projects.
Except as otherwise provided, experts and consultants whose services
are obtained under paragraph (1) shall be paid or reimbursed, in
accordance with title 5, for their travel to and from their place of
service and for other expenses associated with their assignment. Such
expenses shall not be allowed in connection with the assignment of an
expert or consultant whose services are obtained under paragraph (1)
unless the expert or consultant has agreed in writing to complete the
entire period of the assignment or one year of the assignment, whichever
is shorter, unless separated or reassigned for reasons which are beyond
the control of the expert or consultant and which are acceptable to the
Director of the Institute. If the expert or consultant violates the
agreement, the money spent by the United States for such expenses is
recoverable from the expert or consultant as a debt due the United
States. The Secretary may waive in whole or in part a right of recovery
under the preceding sentence.
(July 1, 1944, ch. 373, title IV, 421, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 837, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 127, 102 Stat. 3055.)
The provisions of title 5 relating to reimbursement for travel
expenses, referred to in subsec. (b), are classified generally to
section 5701 et seq. of Title 5, Government Organization and Employees.
1988 -- Subsec. (a)(1)(D). Pub. L. 100-607, 127(1), inserted ''and
rehabilitation from'' after ''and treatment of''.
Subsec. (b)(1). Pub. L. 100-607, 127(2), substituted ''after
consultation with'' for '', after approval of''.
/1/ So in original. Probably should be followed by a comma.
42 USC 285b-4. National research and demonstration centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Heart, blood vessel, lung, blood diseases, and blood resources;
utilization of centers for prevention programs
(1) The Director of the Institute may provide, in accordance with
subsection (c) of this section, for the development of --
(A) ten centers for basic and clinical research into, training in,
and demonstration of, advanced diagnostic, prevention, and treatment and
rehabilitation methods (including methods of providing emergency medical
services) for heart and blood vessel diseases;
(B) ten centers for basic and clinical research into, training in,
and demonstration of, advanced diagnostic, prevention, and treatment and
rehabilitation methods (including methods of providing emergency medical
services) for lung diseases (including bronchitis, emphysema, asthma,
cystic fibrosis, and other lung diseases of children); and
(C) ten centers for basic and clinical research into, training in,
and demonstration of, advanced diagnostic, prevention, and treatment
methods (including methods of providing emergency medical services) for
blood diseases and research into blood, in the use of blood products and
in the management of blood resources.
(2) The centers developed under paragraph (1) shall, in addition to
being utilized for research, training, and demonstrations, be utilized
for the following prevention programs for cardiovascular, pulmonary, and
blood diseases:
(A) Programs to develop improved methods of detecting individuals
with a high risk of developing cardiovascular, pulmonary, and blood
diseases.
(B) Programs to develop improved methods of intervention against
those factors which cause individuals to have a high risk of developing
such diseases.
(C) Programs to develop health professions and allied health
professions personnel highly skilled in the prevention of such diseases.
(D) Programs to develop improved methods of providing emergency
medical services for persons with such diseases.
(E) Programs of continuing education for health and allied health
professionals in the diagnosis, prevention, and treatment of such
diseases and the maintenance of health to reduce the incidence of such
diseases and information programs for the public respecting the
prevention and early diagnosis and treatment of such diseases and the
maintenance of health.
(3) The research, training, and demonstration activities carried out
through any such center may relate to any one or more of the diseases
referred to in paragraph (1) of this subsection.
(b) Sickle cell anemia
The Director of the Institute shall provide, in accordance with
subsection (c) of this section, for the development of ten centers for
basic and clinical research into the diagnosis, treatment, and control
of sickle cell anemia.
(c) Cooperative agreements and grants for establishing and
supporting; uses for Federal payments; period of support, additional
periods
(1) The Director of the Institute may enter into cooperative
agreements with and make grants to public or private nonprofit entities
to pay all or part of the cost of planning, establishing, or
strengthening, and providing basic operating support for centers for
basic and clinical research into, training in, and demonstration of the
management of blood resources and advanced diagnostic, prevention, and
treatment methods for heart, blood vessel, lung, or blood diseases.
(2) A cooperative agreement or grant under paragraph (1) shall be
entered into in accordance with policies established by the Director of
NIH and after consultation with the Institute's advisory council.
(3) Federal payments made under a cooperative agreement or grant
under paragraph (1) may be used for --
(A) construction (notwithstanding any limitation under section 289e
of this title);
(B) staffing and other basic operating costs, including such patient
care costs as are required for research;
(C) training, including training for allied health professionals;
and
(D) demonstration purposes.
As used in this subsection, the term ''construction'' does not
include the acquisition of land, and the term ''training'' does not
include research training for which National Research Service Awards may
be provided under section 288 of this title.
(4) Support of a center under paragraph (1) may be for a period of
not to exceed five years. Such period may be extended by the Director
for additional periods of not more than five years each if the
operations of such center have been reviewed by an appropriate technical
and scientific peer review group established by the Director and if such
group has recommended to the Director that such period should be
extended.
(July 1, 1944, ch. 373, title IV, 422, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 839, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 128, 102 Stat. 3055.)
1988 -- Subsec. (a)(1)(A), (B). Pub. L. 100-607 inserted ''and
rehabilitation'' after ''prevention, and treatment''.
42 USC 285b-5. Repealed. Pub. L. 100-607, title I, 129, Nov. 4,
1988, 102 Stat. 3055
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title IV, 423, as added Nov.
20, 1985, Pub. L. 99-158, 2, 99 Stat. 841, directed the Secretary to
establish an Interagency Technical Committee on Heart, Blood Vessel,
Lung, and Blood Diseases and Blood Resources.
42 USC 285b-6. Associate Director for Prevention; appointment;
function
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) There shall be in the Institute an Associate Director for
Prevention to coordinate and promote the programs in the Institute
concerning the prevention of heart, blood vessel, lung, and blood
diseases. The Associate Director shall be appointed by the Director of
the Institute from individuals who because of their professional
training or experience are experts in public health or preventive
medicine.
(b) The Associate Director for Prevention shall prepare for inclusion
in the biennial report made under section 284b of this title a
description of the prevention activities of the Institute, including a
description of the staff and resources allocated to those activities.
(July 1, 1944, ch. 373, title IV, 423, formerly 424, as added Nov.
20, 1985, Pub. L. 99-158, 2, 99 Stat. 841, and renumbered 423, Nov. 4,
1988, Pub. L. 100-607, title I, 129, 102 Stat. 3055.)
A prior section 423 of act July 1, 1944, was classified to section
285b-5 of this title and was repealed by Pub. L. 100-607.
42 USC subpart 3 -- national institute of diabetes and digestive and
kidney diseases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285c. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Diabetes and
Digestive and Kidney Diseases (hereafter in this subpart referred to as
the ''Institute'') is the conduct and support of research, training,
health information dissemination, and other programs with respect to
diabetes mellitus and endocrine and metabolic diseases, digestive
diseases and nutritional disorders, and kidney, urologic, and
hematologic diseases.
(July 1, 1944, ch. 373, title IV, 426, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 841.)
Section 10 of Pub. L. 99-158 provided that: ''The Secretary of
Health and Human Services shall conduct an administrative review of the
disease research programs of the National Institute of Diabetes and
Digestive and Kidney Diseases to determine if any of such programs could
be more effectively and efficiently managed by other national research
institutes. The Secretary shall complete such review within the
one-year period beginning on the date of enactment of this Act (Nov. 20,
1985).''
42 USC 285c-1. Data systems and information clearinghouses
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) National Diabetes Data System and National Diabetes Clearinghouse
The Director of the Institute shall (1) establish the National
Diabetes Data System for the collection, storage, analysis, retrieval,
and dissemination of data derived from patient populations with
diabetes, including, where possible, data involving general populations
for the purpose of detection of individuals with a risk of developing
diabetes, and (2) establish the National Diabetes Information
Clearinghouse to facilitate and enhance knowledge and understanding of
diabetes on the part of health professionals, patients, and the public
through the effective dissemination of information.
(b) National Digestive Diseases Data System and National Digestive
Diseases Information Clearinghouse
The Director of the Institute shall (1) establish the National
Digestive Diseases Data System for the collection, storage, analysis,
retrieval, and dissemination of data derived from patient populations
with digestive diseases, including, where possible, data involving
general populations for the purpose of detection of individuals with a
risk of developing digestive diseases, and (2) establish the National
Digestive Diseases Information Clearinghouse to facilitate and enhance
knowledge and understanding of digestive diseases on the part of health
professionals, patients, and the public through the effective
dissemination of information.
(c) National Kidney and Urologic Diseases Data System and National
Kidney and Urologic Diseases Information Clearinghouse
The Director of the Institute shall (1) establish the National Kidney
and Urologic Diseases Data System for the collection, storage, analysis,
retrieval, and dissemination of data derived from patient populations
with kidney and urologic diseases, including, where possible, data
involving general populations for the purpose of detection of
individuals with a risk of developing kidney and urologic diseases, and
(2) establish the National Kidney and Urologic Diseases Information
Clearinghouse to facilitate and enhance knowledge and understanding of
kidney and urologic diseases on the part of health professionals,
patients, and the public through the effective dissemination of
information.
(July 1, 1944, ch. 373, title IV, 427, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 841.)
42 USC 285c-2. Division Directors for Diabetes, Endocrinology, and
Metabolic Diseases, Digestive Diseases and Nutrition, and Kidney,
Urologic, and Hematologic Diseases; functions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) In the Institute there shall be a Division Director for
Diabetes, Endocrinology, and Metabolic Diseases, a Division Director for
Digestive Diseases and Nutrition, and a Division Director for Kidney,
Urologic, and Hematologic Diseases. Such Division Directors, under the
supervision of the Director of the Institute, shall be responsible for
--
(A) developing a coordinated plan (including recommendations for
expenditures) for each of the national research institutes within the
National Institutes of Health with respect to research and training
concerning diabetes, endocrine and metabolic diseases, digestive
diseases and nutrition, and kidney, urologic, and hematologic diseases;
(B) assessing the adequacy of management approaches for the
activities within such institutes concerning such diseases and nutrition
and developing improved approaches if needed;
(C) monitoring and reviewing expenditures by such institutes
concerning such diseases and nutrition; and
(D) identifying research opportunities concerning such diseases and
nutrition and recommending ways to utilize such opportunities.
(2) The Director of the Institute shall transmit to the Director of
NIH the plans, recommendations, and reviews of the Division Directors
under subparagraphs (A) through (D) of paragraph (1) together with such
comments and recommendations as the Director of the Institute determines
appropriate.
(b) The Director of the Institute, acting through the the /1/
Division Director for Diabetes, Endocrinology, and Metabolic Diseases,
the Division Director for Digestive Diseases and Nutrition, and the
Division Director for Kidney, Urologic, and Hematologic Diseases, shall
--
(1) carry out programs of support for research and training (other
than training for which National Research Service Awards may be made
under section 288 of this title) in the diagnosis, prevention, and
treatment of diabetes mellitus and endocrine and metabolic diseases,
digestive diseases and nutritional disorders, and kidney, urologic, and
hematologic diseases, including support for training in medical schools,
graduate clinical training, graduate training in epidemiology,
epidemiology studies, clinical trials, and interdisciplinary research
programs; and
(2) establish programs of evaluation, planning, and dissemination of
knowledge related to such research and training.
(July 1, 1944, ch. 373, title IV, 428, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 842.)
/1/ So in original.
42 USC 285c-3. Interagency coordinating committees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment and purpose
For the purpose of --
(1) better coordination of the research activities of all the
national research institutes relating to diabetes mellitus, digestive
diseases, and kidney, urologic, and hematologic diseases; and
(2) coordinating those aspects of all Federal health programs and
activities relating to such diseases to assure the adequacy and
technical soundness of such programs and activities and to provide for
the full communication and exchange of information necessary to maintain
adequate coordination of such programs and activities;
the Secretary shall establish a Diabetes Mellitus Interagency
Coordinating Committee, a Digestive Diseases Interagency Coordinating
Committee, and a Kidney, Urologic, and Hematologic Diseases Coordinating
Committee (hereafter in this section individually referred to as a
''Committee'').
(b) Membership; chairman; meetings
Each Committee shall be composed of the Directors of each of the
national research institutes and divisions involved in research with
respect to the diseases for which the Committee is established, the
Division Director of the Institute for the diseases for which the
Committee is established, the Chief Medical Director of the Veterans'
Administration, and the Assistant Secretary of Defense for Health
Affairs (or the designees of such officers) and shall include
representation from all other Federal departments and agencies whose
programs involve health functions or responsibilities relevant to such
diseases, as determined by the Secretary. Each Committee shall be
chaired by the Director of NIH (or the designee of the Director). Each
Committee shall meet at the call of the chairman, but not less often
than four times a year.
(c) Annual report
Each Committee shall prepare an annual report for --
(1) the Secretary;
(2) the Director of NIH; and
(3) the Advisory Board established under section 285c-4 of this title
for the diseases for which the Committee was established,
detailing the work of the Committee in carrying out paragraphs (1)
and (2) of subsection (a) of this section in the fiscal year for which
the report was prepared. Such report shall be submitted not later than
120 days after the end of each fiscal year.
(July 1, 1944, ch. 373, title IV, 429, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 843.)
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
42 USC 285c-4. Advisory boards
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish in the Institute the National Diabetes
Advisory Board, the National Digestive Diseases Advisory Board, and the
National Kidney and Urologic Diseases Advisory Board (hereafter in this
section individually referred to as an ''Advisory Board'').
(b) Membership; ex officio members
Each Advisory Board shall be composed of eighteen appointed members
and nonvoting ex officio members as follows:
(1) The Secretary shall appoint --
(A) twelve members from individuals who are scientists, physicians,
and other health professionals, who are not officers or employees of the
United States, and who represent the specialties and disciplines
relevant to the diseases with respect to which the Advisory Board is
established; and
(B) six members from the general public who are knowledgeable with
respect to such diseases, including at least one member who is a person
who has such a disease and one member who is a parent of a person who
has such a disease.
Of the appointed members at least five shall by virtue of training or
experience be knowledgeable in the fields of health education, nursing,
data systems, public information, and community program development.
(2)(A) The following shall be ex officio members of each Advisory
Board:
(i) The Assistant Secretary for Health, the Director of NIH, the
Director of the National Institute of Diabetes and Digestive and Kidney
Diseases, the Director of the Centers for Disease Control, the Chief
Medical Director of the Veterans' Administration, the Assistant
Secretary of Defense for Health Affairs, and the Division Director of
the National Institute of Diabetes and Digestive and Kidney Diseases for
the diseases for which the Board is established (or the designees of
such officers).
(ii) Such other officers and employees of the United States as the
Secretary determines necessary for the Advisory Board to carry out its
functions.
(B) In the case of the National Diabetes Advisory Board, the
following shall also be ex officio members: The Director of the
National Heart, Lung, and Blood Institute, the Director of the National
Eye Institute, the Director of the National Institute of Child Health
and Human Development, and the Administrator of the Health Resources and
Services Administration (or the designees of such officers).
(c) Compensation
Members of an Advisory Board who are officers or employees of the
Federal Government shall serve as members of the Advisory Board without
compensation in addition to that received in their regular public
employment. Other members of the Board shall receive compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule for each day (including
traveltime) they are engaged in the performance of their duties as
members of the Board.
(d) Term of office; vacancy
The term of office of an appointed member of an Advisory Board is
four years, except that no term of office may extend beyond the
expiration of the Advisory Board. Any member appointed to fill a
vacancy for an unexpired term shall be appointed for the remainder of
such term. A member may serve after the expiration of the member's term
until a successor has taken office. If a vacancy occurs in an Advisory
Board, the Secretary shall make an appointment to fill the vacancy not
later than 90 days from the date the vacancy occurred.
(e) Chairman
The members of each Advisory Board shall select a chairman from among
the appointed members.
(f) Executive director; professional and clerical staff;
administrative support services and facilities
The Secretary shall, after consultation with and consideration of the
recommendations of an Advisory Board, provide the Advisory Board with an
executive director and one other professional staff member. In
addition, the Secretary shall, after consultation with and consideration
of the recommendations of the Advisory Board, provide the Advisory Board
with such additional professional staff members, such clerical staff
members, such services of consultants, such information, and (through
contracts or other arrangements) such administrative support services
and facilities, as the Secretary determines are necessary for the
Advisory Board to carry out its functions.
(g) Meetings
Each Advisory Board shall meet at the call of the chairman or upon
request of the Director of the Institute, but not less often than four
times a year.
(h) Functions of National Diabetes Advisory Board and National
Digestive Diseases Advisory Board
The National Diabetes Advisory Board and the National Digestive
Diseases Advisory Board shall --
(1) review and evaluate the implementation of the plan (referred to
in section 285c-7 of this title) respecting the diseases with respect to
which the Advisory Board was established and periodically update the
plan to ensure its continuing relevance;
(2) for the purpose of assuring the most effective use and
organization of resources respecting such diseases, advise and make
recommendations to the Congress, the Secretary, the Director of NIH, the
Director of the Institute, and the heads of other appropriate Federal
agencies for the implementation and revision of such plan; and
(3) maintain liaison with other advisory bodies related to Federal
agencies involved in the implementation of such plan, the coordinating
committee for such diseases, and with key non-Federal entities involved
in activities affecting the control of such diseases.
(i) Subcommittees; establishment and membership
In carrying out its functions, each Advisory Board may establish
subcommittees, convene workshops and conferences, and collect data.
Such subcommittees may be composed of Advisory Board members and
nonmember consultants with expertise in the particular area addressed by
such subcommittees. The subcommittees may hold such meetings as are
necessary to enable them to carry out their activities.
(j) Annual report
Each Advisory Board shall prepare an annual report for the Secretary
which --
(1) describes the Advisory Board's activities in the fiscal year for
which the report is made;
(2) describes and evaluates the progress made in such fiscal year in
research, treatment, education, and training with respect to the
diseases with respect to which the Advisory Board was established;
(3) summarizes and analyzes expenditures made by the Federal
Government for activities respecting such diseases in such fiscal year;
and
(4) contains the Advisory Board's recommendations (if any) for
changes in the plan referred to in section 285c-7 of this title.
(k) Termination of predecessor boards; time within which to appoint
members
The National Diabetes Advisory Board and the National Digestive
Diseases Advisory Board in existence on November 20, 1985, shall
terminate upon the appointment of a successor Board under subsection (a)
of this section. The Secretary shall make appointments to the Advisory
Boards established under subsection (a) of this section before the
expiration of 90 days after November 20, 1985. The members of the
Boards in existence on November 20, 1985, may be appointed, in
accordance with subsections (b) and (d) of this section, to the Boards
established under subsection (a) of this section for diabetes and
digestive diseases, except that at least one-half of the members of the
National Diabetes Advisory Board in existence on November 20, 1985,
shall be appointed to the National Diabetes Advisory Board first
established under subsection (a) of this section.
(July 1, 1944, ch. 373, title IV, 430, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 844, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 131, 102 Stat. 3056.)
1988 -- Subsecs. (k), (l). Pub. L. 100-607 redesignated subsec.
(l) as (k) and struck out former subsec. (k) which read as follows:
''Each Advisory Board shall expire on September 30, 1988.''
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 285c-5. Research and training centers; development or
expansion
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Diabetes mellitus and related endocrine and metabolic diseases
(1) Consistent with applicable recommendations of the National
Commission on Diabetes, the Director of the Institute shall provide for
the development or substantial expansion of centers for research and
training in diabetes mellitus and related endocrine and metabolic
diseases. Each center developed or expanded under this subsection shall
--
(A) utilize the facilities of a single institution, or be formed from
a consortium of cooperating institutions, meeting such research and
training qualifications as may be prescribed by the Secretary; and
(B) conduct --
(i) research in the diagnosis and treatment of diabetes mellitus and
related endocrine and metabolic diseases and the complications resulting
from such diseases;
(ii) training programs for physicians and allied health personnel in
current methods of diagnosis and treatment of such diseases and
complications, and in research in diabetes; and
(iii) information programs for physicians and allied health personnel
who provide primary care for patients with such diseases or
complications.
(2) A center may use funds provided under paragraph (1) to provide
stipends for nurses and allied health professionals enrolled in research
training programs described in paragraph (1)(B)(ii).
(b) Digestive diseases and related functional, congenital, metabolic
disorders, and normal development of digestive tract
Consistent with applicable recommendations of the National Digestive
Diseases Advisory Board, the Director shall provide for the development
or substantial expansion of centers for research in digestive diseases
and related functional, congenital, metabolic disorders, and normal
development of the digestive tract. Each center developed or expanded
under this subsection --
(1) shall utilize the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting such
research qualifications as may be prescribed by the Secretary;
(2) shall develop and conduct basic and clinical research into the
cause, diagnosis, early detection, prevention, control, and treatment of
digestive diseases and nutritional disorders and related functional,
congenital, or metabolic complications resulting from such diseases or
disorders;
(3) shall encourage research into and programs for --
(A) providing information for patients with such diseases and the
families of such patients, physicians and others who care for such
patients, and the general public;
(B) model programs for cost effective and preventive patient care;
and
(C) training physicians and scientists in research on such diseases,
disorders, and complications; and
(4) may perform research and participate in epidemiological studies
and data collection relevant to digestive diseases and disorders and
disseminate such research, studies, and data to the health care
profession and to the public.
(c) Kidney and urologic diseases
The Director shall provide for the development or substantial
expansion of centers for research in kidney and urologic diseases. Each
center developed or expanded under this subsection --
(1) shall utilize the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting such
research qualifications as may be prescribed by the Secretary;
(2) shall develop and conduct basic and clinical research into the
cause, diagnosis, early detection, prevention, control, and treatment of
kidney and urologic diseases;
(3) shall encourage research into and programs for --
(A) providing information for patients with such diseases, disorders,
and complications and the families of such patients, physicians and
others who care for such patients, and the general public;
(B) model programs for cost effective and preventive patient care;
and
(C) training physicians and scientists in research on such diseases;
and
(4) may perform research and participate in epidemiological studies
and data collection relevant to kidney and urologic diseases in order to
disseminate such research, studies, and data to the health care
profession and to the public.
(d) Geographic distribution; period of support, additional periods
Insofar as practicable, centers developed or expanded under this
section should be geographically dispersed throughout the United States
and in environments with proven research capabilities. Support of a
center under this section may be for a period of not to exceed five
years and such period may be extended by the Director of the Institute
for additional periods of not more than five years each if the
operations of such center have been reviewed by an appropriate technical
and scientific peer review group established by the Director and if such
group has recommended to the Director that such period should be
extended.
(July 1, 1944, ch. 373, title IV, 431, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 846.)
42 USC 285c-6. Advisory council subcommittees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are established within the advisory council for the Institute
appointed under section 284a of this title a subcommittee on diabetes
and endocrine and metabolic diseases, a subcommittee on digestive
diseases and nutrition, and a subcommittee on kidney, urologic, and
hematologic diseases. The subcommittees shall be composed of members of
the advisory council who are outstanding in the diagnosis, prevention,
and treatment of the diseases for which the subcommittees are
established and members of the advisory council who are leaders in the
fields of education and public affairs. The subcommittees are
authorized to review applications made to the Director of the Institute
for grants for research and training projects relating to the diagnosis,
prevention, and treatment of the diseases for which the subcommittees
are established and shall recommend to the advisory council those
applications and contracts that the subcommittees determine will best
carry out the purposes of the Institute. The subcommittees shall also
review and evaluate the diabetes and endocrine and metabolic diseases,
digestive diseases and nutrition, and kidney, urologic, and hematologic
diseases programs of the Institute and recommend to the advisory council
such changes in the administration of such programs as the subcommittees
determine are necessary.
(July 1, 1944, ch. 373, title IV, 432, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 847.)
42 USC 285c-7. Biennial report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall prepare for inclusion in the
biennial report made under section 284b of this title a description of
the Institute's activities --
(1) under the current diabetes plan under the National Diabetes
Mellitus Research and Education Act; and
(2) under the current digestive diseases plan formulated under the
Arthritis, Diabetes, and Digestive Diseases Amendments of 1976.
The description submitted by the Director shall include an evaluation
of the activities of the centers supported under section 285c-5 of this
title.
(July 1, 1944, ch. 373, title IV, 433, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 848.)
The National Diabetes Mellitus Research and Education Act, referred
to in par. (1), is Pub. L. 93-354, July 23, 1974, 88 Stat. 373, as
amended, which enacted former sections 289c-1a, 289c-2, and 289c-3 of
this title, amended section 247b and former section 289c-1 of this
title, and enacted provisions formerly set out as notes under section
289c-2 of this title. For complete classification of this Act to the
Code, see Short Title of 1974 Amendments note set out under section 201
of this title and Tables.
The Arthritis, Diabetes, and Digestive Diseases Amendments of 1976,
referred to in par. (2), is Pub. L. 94-562, Oct. 19, 1976, 90 Stat.
2645, as amended, which enacted former sections 289c-3a, 289c-7, and
289c-8 of this title, amended former sections 289c-2, 289c-5, and 289c-6
of this title, and enacted provisions formerly set out as notes under
sections 289a, 289c-3a, and 289c-7 of this title. For complete
classification of this Act to the Code, see Short Title of 1976
Amendments note set out under section 201 of this title and Tables.
42 USC subpart 4 -- national institute of arthritis and musculoskeletal
and skin diseases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285d. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Arthritis and
Musculoskeletal and Skin Diseases (hereafter in this subpart referred to
as the ''Institute'') is the conduct and support of research and
training, the dissemination of health information, and other programs
with respect to arthritis and musculoskeletal and skin diseases,
including sports-related disorders.
(July 1, 1944, ch. 373, title IV, 435, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 848.)
42 USC 285d-1. National arthritis and musculoskeletal and skin
diseases program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Plan to expand, intensify, and coordinate activities;
submission; periodic review and revision
The Director of the Institute, with the advice of the Institute's
advisory council, shall prepare and transmit to the Director of NIH a
plan for a national arthritis and musculoskeletal and skin diseases
program to expand, intensify, and coordinate the activities of the
Institute respecting arthritis and musculoskeletal and skin diseases.
The plan shall include such comments and recommendations as the Director
of the Institute determines appropriate. The Director of the Institute
shall periodically review and revise such plan and shall transmit any
revisions of such plan to the Director of NIH.
(b) Coordination of activities with other national research
institutes; minimum activities under program
Activities under the national arthritis and musculoskeletal and skin
diseases program shall be coordinated with the other national research
institutes to the extent that such institutes have responsibilities
respecting arthritis and musculoskeletal and skin diseases, and shall,
at least, provide for --
(1) investigation into the epidemiology, etiology, and prevention of
all forms of arthritis and musculoskeletal and skin diseases, including
sports-related disorders, primarily through the support of basic
research in such areas as immunology, genetics, biochemistry,
microbiology, physiology, bioengineering, and any other scientific
discipline which can contribute important knowledge to the treatment and
understanding of arthritis and musculoskeletal and skin diseases;
(2) research into the development, trial, and evaluation of
techniques, drugs, and devices used in the diagnosis, treatment,
including medical rehabilitation, and prevention of arthritis and
musculoskeletal and skin diseases;
(3) research on the refinement, development, and evaluation of
technological devices that will replace or be a substitute for damaged
bone, muscle, and joints and other supporting structures; and
(4) the establishment of mechanisms to monitor the causes of athletic
injuries and identify ways of preventing such injuries on scholastic
athletic fields.
(c) Program to be carried out in accordance with plan
The Director of the Institute shall carry out the national arthritis
and musculoskeletal and skin diseases program in accordance with the
plan prepared under subsection (a) of this section and any revisions of
such plan made under such subsection.
(July 1, 1944, ch. 373, title IV, 436, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 848, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 136, 102 Stat. 3056.)
1988 -- Pub. L. 100-607 inserted ''and skin'' after
''musculoskeletal'' in section catchline and wherever appearing in text.
42 USC 285d-2. Research and training
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall --
(1) carry out programs of support for research and training (other
than training for which National Research Service Awards may be made
under section 288 of this title) in the diagnosis, prevention, and
treatment of arthritis and musculoskeletal and skin diseases, including
support for training in medical schools, graduate clinical training,
graduate training in epidemiology, epidemiology studies, clinical
trials, and interdisciplinary research programs; and
(2) establish programs of evaluation, planning, and dissemination of
knowledge related to such research and training.
(July 1, 1944, ch. 373, title IV, 437, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 849.)
42 USC 285d-3. Data system and information clearinghouse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Director of the Institute shall establish the National
Arthritis and Musculoskeletal and Skin Diseases Data System for the
collection, storage, analysis, retrieval, and dissemination of data
derived from patient populations with arthritis and musculoskeletal and
skin diseases, including where possible, data involving general
populations for the purpose of detection of individuals with a risk of
developing arthritis and musculoskeletal and skin diseases.
(b) The Director of the Institute shall establish the National
Arthritis and Musculoskeletal and Skin Diseases Information
Clearinghouse to facilitate and enhance, through the effective
dissemination of information, knowledge and understanding of arthritis
and musculoskeletal and skin diseases by health professionals, patients,
and the public.
(July 1, 1944, ch. 373, title IV, 438, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 849.)
42 USC 285d-4. Interagency coordinating committees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment and purpose
For the purpose of --
(1) better coordination of the research activities of all the
national research institutes relating to arthritis, musculoskeletal
diseases, and skin diseases, including sports-related disorders; and
(2) coordinating the aspects of all Federal health programs and
activities relating to arthritis, musculoskeletal diseases, and skin
diseases in order to assure the adequacy and technical soundness of such
programs and activities and in order to provide for the full
communication and exchange of information necessary to maintain adequate
coordination of such programs and activities,
the Secretary shall establish an Arthritis and Musculoskeletal
Diseases Interagency Coordinating Committee and a Skin Diseases
Interagency Coordinating Committee (hereafter in this section
individually referred to as a ''Committee'').
(b) Membership; chairman; meetings
Each Committee shall be composed of the Directors of each of the
national research institutes and divisions involved in research
regarding the diseases with respect to which the Committee is
established, the Chief Medical Director of the Veterans' Administration,
and the Assistant Secretary of Defense for Health Affairs (or the
designees of such officers), and representatives of all other Federal
departments and agencies (as determined by the Secretary) whose programs
involve health functions or responsibilities relevant to arthritis and
musculoskeletal diseases or skin diseases, as the case may be. Each
Committee shall be chaired by the Director of NIH (or the designee of
the Director). Each Committee shall meet at the call of the chairman,
but not less often than four times a year.
(c) Annual report
Not later than 120 days after the end of each fiscal year, each
Committee shall prepare and transmit to the Secretary, the Director of
NIH, the Director of the Institute, and the advisory council for the
Institute a report detailing the activities of the Committee in such
fiscal year in carrying out paragraphs (1) and (2) of subsection (a) of
this section.
(July 1, 1944, ch. 373, title IV, 439, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 849.)
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
42 USC 285d-5. Arthritis and musculoskeletal diseases demonstration
projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants for establishment and support
The Director of the Institute may make grants to public and private
nonprofit entities to establish and support projects for the development
and demonstration of methods for screening, detection, and referral for
treatment of arthritis and musculoskeletal diseases and for the
dissemination of information on such methods to the health and allied
health professions. Activities under such projects shall be coordinated
with Federal, State, local, and regional health agencies, centers
assisted under section 285d-6 of this title, and the data system
established under subsection (c) of this section.
(b) Programs included
Projects supported under this section shall include --
(1) programs which emphasize the development and demonstration of new
and improved methods of screening and early detection, referral for
treatment, and diagnosis of individuals with a risk of developing
arthritis and musculoskeletal diseases;
(2) programs which emphasize the development and demonstration of new
and improved methods for patient referral from local hospitals and
physicians to appropriate centers for early diagnosis and treatment;
(3) programs which emphasize the development and demonstration of new
and improved means of standardizing patient data and recordkeeping;
(4) programs which emphasize the development and demonstration of new
and improved methods of dissemination of knowledge about the programs,
methods, and means referred to in paragraphs (1), (2), and (3) of this
subsection to health and allied health professionals;
(5) programs which emphasize the development and demonstration of new
and improved methods for the dissemination to the general public of
information --
(A) on the importance of early detection of arthritis and
musculoskeletal diseases, of seeking prompt treatment, and of following
an appropriate regimen; and
(B) to discourage the promotion and use of unapproved and ineffective
diagnostic, preventive treatment, and control methods for arthritis and
unapproved and ineffective drugs and devices for arthritis and
musculoskeletal diseases; and
(6) projects for investigation into the epidemiology of all forms and
aspects of arthritis and musculoskeletal diseases, including
investigations into the social, environmental, behavioral, nutritional,
and genetic determinants and influences involved in the epidemiology of
arthritis and musculoskeletal diseases.
(c) Standardization of patient data and recordkeeping
The Director shall provide for the standardization of patient data
and recordkeeping for the collection, storage, analysis, retrieval, and
dissemination of such data in cooperation with projects assisted under
this section, centers assisted under section 285d-6 of this title, and
other persons engaged in arthritis and musculoskeletal disease programs.
(July 1, 1944, ch. 373, title IV, 440, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 850.)
42 USC 285d-6. Multipurpose arthritis and musculoskeletal diseases
centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Development, modernization, and operation
The Director of the Institute shall, after consultation with the
advisory council for the Institute, provide for the development,
modernization, and operation (including staffing and other operating
costs such as the costs of patient care required for research) of new
and existing centers for arthritis and musculoskeletal diseases. For
purposes of this section, the term ''modernization'' means the
alteration, remodeling, improvement, expansion, and repair of existing
buildings and the provision of equipment for such buildings to the
extent necessary to make them suitable for use as centers described in
the preceding sentence.
(b) Duties and functions
Each center assisted under this section shall --
(1)(A) use the facilities of a single institution or a consortium of
cooperating institutions, and (B) meet such qualifications as may be
prescribed by the Secretary; and
(2) conduct --
(A) basic and clinical research into the cause, diagnosis, early
detection, prevention, control, and treatment of and rehabilitation from
arthritis and musculoskeletal diseases and complications resulting from
arthritis and musculoskeletal diseases, including research into
implantable biomaterials and biomechanical and other orthopedic
procedures;
(B) training programs for physicians, scientists, and other health
and allied health professionals;
(C) information and continuing education programs for physicians and
other health and allied health professionals who provide care for
patients with arthritis and musculoskeletal diseases; and
(D) programs for the dissemination to the general public of
information --
(i) on the importance of early detection of arthritis and
musculoskeletal diseases, of seeking prompt treatment, and of following
an appropriate regimen; and
(ii) to discourage the promotion and use of unapproved and
ineffective diagnostic, preventive, treatment, and control methods and
unapproved and ineffective drugs and devices.
A center may use funds provided under subsection (a) of this section
to provide stipends for health professionals enrolled in training
programs described in paragraph (2)(B).
(c) Optional programs
Each center assisted under this section may conduct programs to --
(1) establish the effectiveness of new and improved methods of
detection, referral, and diagnosis of individuals with a risk of
developing arthritis and musculoskeletal diseases;
(2) disseminate the results of research, screening, and other
activities, and develop means of standardizing patient data and
recordkeeping; and
(3) develop community consultative services to facilitate the
referral of patients to centers for treatment.
(d) Geographical distribution
The Director of the Institute shall, insofar as practicable, provide
for an equitable geographical distribution of centers assisted under
this section. The Director shall give appropriate consideration to the
need for centers especially suited to meeting the needs of children
affected by arthritis and musculoskeletal diseases.
(e) Period of support; additional periods
Support of a center under this section may be for a period of not to
exceed five years. Such period may be extended by the Director of the
Institute for one or more additional periods of not more than five years
if the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
and if such group has recommended to the Director that such period
should be extended.
(July 1, 1944, ch. 373, title IV, 441, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 851, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 137, 102 Stat. 3056.)
1988 -- Subsec. (b)(2)(A). Pub. L. 100-607 inserted ''and
rehabilitation from'' after ''and treatment of''.
42 USC 285d-7. Advisory Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish in the Institute the National Arthritis
Advisory Board (hereafter in this section referred to as the ''Advisory
Board'').
(b) Membership; ex officio members
The Advisory Board shall be composed of eighteen appointed members
and nonvoting, ex officio members, as follows:
(1) The Secretary shall appoint --
(A) twelve members from individuals who are scientists, physicians,
and other health professionals, who are not officers or employees of the
United States, and who represent the specialties and disciplines
relevant to arthritis, musculoskeletal diseases, and skin diseases; and
(B) six members from the general public who are knowledgeable with
respect to such diseases, including at least one member who is a person
who has such a disease and one member who is a parent of a person who
has such a disease.
Of the appointed members at least five shall by virtue of training or
experience be knowledgeable in health education, nursing, data systems,
public information, or community program development.
(2) The following shall be ex officio members of the Advisory Board:
(A) the Assistant Secretary for Health, the Director of NIH, the
Director of the National Institute of Arthritis and Musculoskeletal and
Skin Diseases, the Director of the Centers for Disease Control, the
Chief Medical Director of the Veterans' Administration, and the
Assistant Secretary of Defense for Health Affairs (or the designees of
such officers), and
(B) such other officers and employees of the United States as the
Secretary determines necessary for the Advisory Board to carry out its
functions.
(c) Compensation
Members of the Advisory Board who are officers or employees of the
Federal Government shall serve as members of the Advisory Board without
compensation in addition to that received in their regular public
employment. Other members of the Advisory Board shall receive
compensation at rates not to exceed the daily equivalent of the annual
rate in effect for grade GS-18 of the General Schedule for each day
(including traveltime) they are engaged in the performance of their
duties as members of the Advisory Board.
(d) Term of office; vacancy
The term of office of an appointed member of the Advisory Board is
four years. Any member appointed to fill a vacancy for an unexpired
term shall be appointed for the remainder of such term. A member may
serve after the expiration of the member's term until a successor has
taken office. If a vacancy occurs in the Advisory Board, the Secretary
shall make an appointment to fill the vacancy not later than 90 days
after the date the vacancy occurred.
(e) Chairman
The members of the Advisory Board shall select a chairman from among
the appointed members.
(f) Executive director, professional and clerical staff;
administrative support services and facilities
The Secretary shall, after consultation with and consideration of the
recommendations of the Advisory Board, provide the Advisory Board with
an executive director and one other professional staff member. In
addition, the Secretary shall, after consultation with and consideration
of the recommendations of the Advisory Board, provide the Advisory Board
with such additional professional staff members, such clerical staff
members, and (through contracts or other arrangements) with such
administrative support services and facilities, such information, and
such services of consultants, as the Secretary determines are necessary
for the Advisory Board to carry out its functions.
(g) Meetings
The Advisory Board shall meet at the call of the chairman or upon
request of the Director of the Institute, but not less often than four
times a year.
(h) Duties and functions
The Advisory Board shall --
(1) review and evaluate the implementation of the plan prepared under
section 285d-1(a) of this title and periodically update the plan to
ensure its continuing relevance;
(2) for the purpose of assuring the most effective use and
organization of resources respecting arthritis, musculoskeletal diseases
and skin diseases, advise and make recommendations to the Congress, the
Secretary, the Director of NIH, the Director of the Institute, and the
heads of other appropriate Federal agencies for the implementation and
revision of such plan; and
(3) maintain liaison with other advisory bodies for Federal agencies
involved in the implementation of such plan, the interagency
coordinating committees for such diseases established under section
285d-4 of this title, and with key non-Federal entities involved in
activities affecting the control of such diseases.
(i) Subcommittees; establishment and membership
In carrying out its functions, the Advisory Board may establish
subcommittees, convene workshops and conferences, and collect data.
Such subcommittees may be composed of Advisory Board members and
nonmember consultants with expertise in the particular area addressed by
such subcommittees. The subcommittees may hold such meetings as are
necessary to enable them to carry out their activities.
(j) Annual report
The Advisory Board shall prepare an annual report for the Secretary
which --
(1) describes the Advisory Board's activities in the fiscal year for
which the report is made;
(2) describes and evaluates the progress made in such fiscal year in
research, treatment, education, and training with respect to arthritis,
musculoskeletal diseases, and skin diseases;
(3) summarizes and analyzes expenditures made by the Federal
Government for activities respecting such diseases in such fiscal year
for which the report is made; and
(4) contains the Advisory Board's recommendations (if any) for
changes in the plan prepared under section 285d-1 of this title.
(k) Termination of predecessor board; time within which to appoint
members
The National Arthritis Advisory Board in existence on November 20,
1985, shall terminate upon the appointment of a successor Board under
subsection (a) of this section . The Secretary shall make appointments
to the Advisory Board established under subsection (a) of this section
before the expiration of 90 days after November 20, 1985. The member of
the Board in existence on November 20, 1985, may be appointed, in
accordance with subsections (b) and (d) of this section, to the Advisory
Board established under subsection (a) of this section.
(July 1, 1944, ch. 373, title IV, 442, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 852.)
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC subpart 5 -- national institute on aging
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285e. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute on Aging (hereafter in
this subpart referred to as the ''Institute'') is the conduct and
support of biomedical, social, and behavioral research, training, health
information dissemination, and other programs with respect to the aging
process and the diseases and other special problems and needs of the
aged.
(July 1, 1944, ch. 373, title IV, 443, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 854.)
Section 8 of Pub. L. 99-158 provided that:
''(a) Study. -- The Secretary shall conduct a study on the adequacy
and availability of personnel to meet the current and projected health
needs (including needs for home and community-based care) of elderly
Americans through the year 2020.
''(b) Report. -- The Secretary shall report the results of the study
to the Congress by March 1, 1987. The report on the study shall contain
recommendations on --
''(1) the number of primary care physicians, dentists, and other
health personnel needed to provide adequate care for the elderly;
''(2) the training needs of other physicians, dentists, and health
personnel to provide care responsive to the particular needs of the
elderly;
''(3) necessary changes in medicare and other third party
reimbursement programs necessary to support training of primary care and
other physicians to meet the needs of the elderly; and
''(4) necessary program changes in third party reimbursement programs
(including changes in medicare programs) to support training of other
health personnel in the care of the elderly.''
42 USC 285e-1. Special functions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Education and training of adequate numbers of personnel
In carrying out the training responsibilities under this chapter or
any other Act for health and allied health professions personnel, the
Secretary shall take appropriate steps to insure the education and
training of adequate numbers of allied health, nursing, and paramedical
personnel in the field of health care for the aged.
(b) Scientific studies
The Director of the Institute shall conduct scientific studies to
measure the impact on the biological, medical, social, and psychological
aspects of aging of programs and activities assisted or conducted by the
Department of Health and Human Services.
(c) Public information and education programs
The Director of the Institute shall carry out public information and
education programs designed to disseminate as widely as possible the
findings of research sponsored by the Institute, other relevant aging
research and studies, and other information about the process of aging
which may assist elderly and near-elderly persons in dealing with, and
all Americans in understanding, the problems and processes associated
with growing older.
(d) Grants for research relating to Alzheimer's Disease
The Director of the Institute shall make grants to public and private
nonprofit institutions to conduct research relating to Alzheimer's
Disease.
(July 1, 1944, ch. 373, title IV, 444, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 854.)
42 USC 285e-2. Alzheimer's Disease centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Cooperative agreements and grants for establishing and supporting
(1) The Director of the Institute may enter into cooperative
agreements with and make grants to public or private nonprofit entities
(including university medical centers) to pay all or part of the cost of
planning, establishing, or strengthening, and providing basic operating
support (including staffing) for centers for basic and clinical research
(including multidisciplinary research) into, training in, and
demonstration of advanced diagnostic, prevention, and treatment methods
for Alzheimer's disease.
(2) A cooperative agreement or grant under paragraph (1) shall be
entered into in accordance with policies established by the Director of
NIH and after consultation with the Institute's advisory council.
(b) Use of Federal payments under cooperative agreement or grant
(1) Federal payments made under a cooperative agreement or grant
under subsection (a) of this section may, with respect to Alzheimer's
disease, be used for --
(A) diagnostic examinations, patient assessments, patient care costs,
and other costs necessary for conducting research;
(B) training, including training for allied health professionals;
(C) diagnostic and treatment clinics designed to meet the special
needs of minority and rural populations and other underserved
populations;
(D) activities to educate the public; and
(E) the dissemination of information.
(2) For purposes of paragraph (1), the term ''training'' does not
include research training for which National Research Service Awards may
be provided under section 288 of this title.
(c) Support period; additional periods
Support of a center under subsection (a) of this section may be for a
period of not to exceed five years. Such period may be extended by the
Director for additional periods of not more than five years each if the
operations of such center have been reviewed by an appropriate technical
and scientific peer review group established by the Director and if such
group has recommended to the Director that such period should be
extended.
(July 1, 1944, ch. 373, title IV, 445, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 855, and amended Nov. 15, 1990, Pub. L.
101-557, title II, 201, 104 Stat. 2767.)
1990 -- Subsec. (a)(1). Pub. L. 101-557, 201(1), inserted
''(including university medical centers)'' after ''nonprofit entities'',
''(including staffing)'' after ''operating support'', and ''(including
multidisciplinary research)'' after ''clinical research'' and
substituted ''Alzheimer's disease'' for ''Alzheimer's Disease''.
Subsec. (b). Pub. L. 101-557, 201(2), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''Federal
payments made under a cooperative agreement or grant under subsection
(a) of this section may be used for --
''(1) construction (notwithstanding any limitation under section 289e
of this title);
''(2) staffing and other basic operating costs, including such
patient care costs as are required for research;
''(3) training, including training for allied health professionals;
and
''(4) demonstration purposes.
As used in this subsection, the term 'construction' does not include
the acquisition of land, and the term 'training' does not include
research training for which National Research Service Awards may be
provided under section 288 of this title.''
Pub. L. 100-175, title III, Nov. 29, 1987, 101 Stat. 972, provided
that:
''SEC. 301. REQUIREMENT FOR CLINICAL TRIALS.
''(a) In General. -- The Director of the National Institute on Aging
shall provide for the conduct of clinical trials on the efficacy of the
use of such promising therapeutic agents as have been or may be
discovered and recommended for further scientific analysis by the
National Institute on Aging and the Food and Drug Administration to
treat individuals with Alzheimer's disease, to retard the progression of
symptoms of Alzheimer's disease, or to improve the functioning of
individuals with such disease.
''(b) Rule of Construction. -- Nothing in this title shall be
construed to affect adversely any research being conducted as of the
date of the enactment of this Act (Nov. 29, 1987).
''SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
''For the purpose of carrying out section 301, there is authorized to
be appropriated $2,000,000 for fiscal year 1988.''
Section 12 of Pub. L. 99-158 provided that:
''(a) Grant Authority. -- The Director of the National Institute on
Aging may make a grant to develop a registry for the collection of
epidemiological data about Alzheimer's disease and its incidence in the
United States, to train personnel in the collection of such data, and
for other matters respecting such disease.
''(b) Qualifications. -- To qualify for a grant under subsection (a)
an applicant shall --
''(1) be an accredited school of medicine or public health which has
expertise in the collection of epidemiological data about individuals
with Alzheimer's disease and in the development of disease registries,
and
''(2) have access to a large patient population, including a patient
population representative of diverse ethnic backgrounds.
''(c) Authorization. -- For grants under subsection (a), there are
authorized to be appropriated $2,500,000 which shall remain available
until expended or through fiscal year 1989, whichever occurs first.''
42 USC 285e-3. Claude D. Pepper Older Americans Independence Centers
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Development and expansion of centers
The Director of the Institute shall enter into cooperative agreements
with, and make grants to, public and private nonprofit entities for the
development or expansion of not less than 10 centers of excellence in
geriatric research and training of researchers. Each such center shall
be known as a Claude D. Pepper Older Americans Independence Center.
(b) Functions of centers
Each center developed or expanded under this section shall --
(1) utilize the facilities of a single institution, or be formed from
a consortium of cooperating institutions, meeting such research and
training qualifications as may be prescribed by the Director; and
(2) conduct --
(A) research into the aging processes and into the diagnosis and
treatment of diseases, disorders, and complications related to aging,
including menopause, which research includes research on such
treatments, and on medical devices and other medical interventions
regarding such diseases, disorders, and complications, that can assist
individuals in avoiding institutionalization and prolonged
hospitalization and in otherwise increasing the independence of the
individuals; and
(B) programs to develop individuals capable of conducting research
described in subparagraph (A).
(c) Geographic distribution of centers
In making cooperative agreements and grants under this section for
the development or expansion of centers, the Director of the Institute
shall ensure that, to the extent practicable, any such centers are
distributed equitably among the principal geographic regions of the
United States.
(d) ''Independence'' defined
For purposes of this section, the term ''independence'', with respect
to diseases, disorders, and complications of aging, means the functional
ability of individuals to perform activities of daily living or
instrumental activities of daily living without assistance or
supervision.
(July 1, 1944, ch. 373, title IV, 445A, as added Nov. 4, 1988, Pub.
L. 100-607, title I, 141, 102 Stat. 3056, and amended Nov. 15, 1990,
Pub. L. 101-557, title II, 202, 104 Stat. 2767.)
1990 -- Pub. L. 101-557, 202(a)(1), substituted ''Claude D. Pepper
Older Americans Independence Centers'' for ''Centers of geriatric
research and training'' in section catchline.
Subsec. (a). Pub. L. 101-557, 202(a)(2), (b)(1)(A), inserted ''not
less than 10'' before ''centers of excellence'' and inserted provision
designating centers as Claude D. Pepper Older Americans Independence
Centers.
Subsec. (b)(2)(A). Pub. L. 101-557, 202(b)(1)(B), inserted before
semicolon at end '', including menopause, which research includes
research on such treatments, and on medical devices and other medical
interventions regarding such diseases, disorders, and complications,
that can assist individuals in avoiding institutionalization and
prolonged hospitalization and in otherwise increasing the independence
of the individuals''.
Subsec. (b)(2)(B). Pub. L. 101-557, 202(b)(2), substituted
''research described in subparagraph (A)'' for ''research concerning
aging and concerning such diseases, disorders, and complications.''
Subsec. (d). Pub. L. 101-557, 202(c), added subsec. (d).
42 USC 285e-4. Awards for leadership and excellence in Alzheimer's
disease and related dementias
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Senior researchers in biomedical research
The Director of the Institute shall make awards to senior researchers
who have made distinguished achievements in biomedical research in areas
relating to Alzheimer's disease and related dementias. Awards under
this section shall be used by the recipients to support research in
areas relating to such disease and dementias, and may be used by the
recipients to train junior researchers who demonstrate exceptional
promise to conduct research in such areas.
(b) Eligible centers
The Director of the Institute may make awards under this section to
researchers at centers supported under section 285e-2 of this title and
to researchers at other public and nonprofit private entities.
(c) Required recommendation
The Director of the Institute shall make awards under this section
only to researchers who have been recommended for such awards by the
National Advisory Council on Aging.
(d) Selection procedures
The Director of the Institute shall establish procedures for the
selection of the recipients of awards under this section.
(e) Term of award; renewal
Awards under this section shall be made for a one-year period, and
may be renewed for not more than six additional consecutive one-year
periods.
(July 1, 1944, ch. 373, title IV, 445B, formerly Pub. L. 99-660,
title IX, 931, Nov. 14, 1986, 100 Stat. 3807; renumbered 445B of act
July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I,
142(a), (d)(1), 102 Stat. 3057.)
Section was formerly classified to section 11231 of this title prior
to renumbering by Pub. L. 100-607.
1988 -- Pub. L. 100-607, 142(a), renumbered section 11231 of this
title as this section.
Subsec. (a). Pub. L. 100-607, 142(d)(1)(A), substituted ''the
Institute'' for ''the National Institute on Aging''.
Subsec. (b). Pub. L. 100-607, 142(d)(1)(B), substituted ''the
Institute'' for ''the National Institute on Aging'' and made technical
amendment to reference to section 285e-2 of this title to correct
reference to corresponding provision of original act.
Subsecs. (c), (d). Pub. L. 100-607, 142(d)(1)(C), substituted ''the
Institute'' for ''the National Institute on Aging''.
Section 142(b) of Pub. L. 100-607 provided that: ''With respect to
amounts made available in appropriation Acts for the purpose of carrying
out the programs transferred by subsection (a) to the Public Health
Service Act (sections 285e-4 to 285e-8 of this title), such subsection
may not be construed to affect the availability of such funds for such
purpose.''
42 USC 285e-5. Research relevant to appropriate services for
individuals with Alzheimer's disease and related dementias and their
families
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants for research
The Director of the Institute shall conduct, or make grants for the
conduct of, research relevant to appropriate services for individuals
with Alzheimer's disease and related dementias and their families.
(b) Preparation of plan; contents; revision
(1) Within 6 months after November 14, 1986, the Director of the
Institute shall prepare and transmit to the Chairman of the Council a
plan for the research to be conducted under subsection (a) of this
section. The plan shall --
(A) provide for research concerning --
(i) the epidemiology of, and the identification of risk factors for,
Alzheimer's disease and related dementias; and
(ii) the development and evaluation of reliable and valid
multidimensional diagnostic and assessment procedures and instruments;
and
(B) ensure that research carried out under the plan is coordinated
with, and uses, to the maximum extent feasible, resources of, other
Federal programs relating to Alzheimer's disease and related dementias,
including centers supported under section 285e-2 of this title, centers
supported by the National Institute of Mental Health on the
psychopathology of the elderly, relevant activities of the
Administration on Aging, other programs and centers involved in research
on Alzheimer's disease and related dementias supported by the
Department, and other programs relating to Alzheimer's disease and
related dementias which are planned or conducted by Federal agencies
other than the Department, State or local agencies, community
organizations, or private foundations.
(2) Within one year after transmitting the plan required under
paragraph (1), and annually thereafter, the Director of the Institute
shall prepare and transmit to the Chairman of the Council such revisions
of such plan as the Director considers appropriate.
(c) Consultation for preparation and revision of plan
In preparing and revising the plan required by subsection (b) of this
section, the Director of the Institute shall consult with the Chairman
of the Council and the heads of agencies within the Department.
(July 1, 1944, ch. 373, title IV, 445C, formerly Pub. L. 99-660,
title IX, 941, Nov. 14, 1986, 100 Stat. 3808; renumbered 445C of act
July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I,
142(a), (d)(2), 102 Stat. 3057, 3058.)
Section was formerly classified to section 11241 of this title prior
to renumbering by Pub. L. 100-607.
1988 -- Pub. L. 100-607, 142(a), renumbered section 11241 of this
title as this section.
Subsec. (a). Pub. L. 100-607, 142(d)(2)(A), substituted ''the
Institute'' for ''the National Institute on Aging''.
Subsec. (b)(1). Pub. L. 100-607, 142(d)(2)(B)(i)(I), in introductory
provisions, substituted ''the date of enactment of the Alzheimer's
Disease and Related Dementias Services Research Act of 1986'' for ''the
date of enactment of this Act'', which for purposes of codification was
translated as ''November 14, 1986'', thus requiring no change in text.
Pub. L. 100-607, 142(d)(2)(B)(i)(II), in introductory provisions,
substituted ''the Institute'' for ''the National Institute on Aging''.
Subsec. (b)(1)(B). Pub. L. 100-607, 142(d)(2)(B)(ii), made technical
amendment to reference to section 285e-2 of this title to correct
reference to corresponding provision of original act.
Subsecs. (b)(2), (c). Pub. L. 100-607, 142(d)(2)(B)(iii), (C),
substituted ''the Institute'' for ''the National Institute on Aging''.
42 USC 285e-6. Dissemination of research results
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall disseminate the results of
research conducted under section 285e-5 of this title and this section
to appropriate professional entities and to the public.
(July 1, 1944, ch. 373, title IV, 445D, formerly Pub. L. 99-660,
title IX, 942, Nov. 14, 1986, 100 Stat. 3809; renumbered 445D of act
July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I,
142(a), (d)(3), 102 Stat. 3057, 3058.)
Section was formerly classified to section 11242 of this title prior
to renumbering by Pub. L. 100-607.
1988 -- Pub. L. 100-607, 142(a), renumbered section 11242 of this
title as this section.
Pub. L. 100-607, 142(d)(3), substituted ''the Institute'' for ''the
National Institute on Aging'' and ''section 285e-5 of this title and
this section'' for ''this part''.
42 USC 285e-7. Clearinghouse on Alzheimer's Disease
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; purpose; duties; publication of summary
The Director of the Institute shall establish the Clearinghouse on
Alzheimer's Disease (hereinafter referred to as the ''Clearinghouse'').
The purpose of the Clearinghouse is the dissemination of information
concerning services available for individuals with Alzheimer's disease
and related dementias and their families. The Clearinghouse shall --
(1) compile, archive, and disseminate information concerning
research, demonstration, evaluation, and training programs and projects
concerning Alzheimer's disease and related dementias; and
(2) annually publish a summary of the information compiled under
paragraph (1) during the preceding 12-month period, and make such
information available upon request to appropriate individuals and
entities, including educational institutions, research entities, and
Federal and public agencies.
(b) Fee for information
The Clearinghouse may charge an appropriate fee for information
provided through the toll-free telephone line established under
subsection (a)(3). /1/
(c) Summaries of research findings from other agencies
The Director of the Institute, the Director of the National Institute
of Mental Health, and the Director of the National Center for Health
Services Research and Health Care Technology Assessment shall provide to
the Clearinghouse summaries of the findings of research conducted under
part D.
(July 1, 1944, ch. 373, title IV, 445E, formerly Pub. L. 99-660,
title IX, 951, Nov. 14, 1986, 100 Stat. 3813; renumbered 445E of act
July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I,
142(a), (d)(4), 102 Stat. 3057, 3058.)
Part D, referred to in subsec. (c), probably means part D of title
IX of Pub. L. 99-660, Nov. 14, 1986, 100 Stat. 3808, as amended,
which is classified to subchapter IV ( 11251 et seq.) of chapter 118 of
this title. Prior to renumbering by Pub. L. 100-607, this section was
part of title IX of Pub. L. 99-660, known as the Alzheimer's Disease
and Related Dementias Services Research Act of 1986.
Section was formerly classified to section 11281 of this title prior
to renumbering by Pub. L. 100-607.
1988 -- Pub. L. 100-607, 142(a), renumbered section 11281 of this
title as this section.
Subsec. (a). Pub. L. 100-607, 142(d)(4)(A), substituted ''the
Institute'' for ''the National Institute on Aging'' in introductory
provisions.
Subsec. (c). Pub. L. 100-607, 142(d)(4)(B), substituted ''the
Institute'' for ''the National Institute on Aging'' and ''part D'' for
''part E''.
/1/ So in original. No subsec. (a)(3) was enacted.
42 USC 285e-8. Dissemination project
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grant or contract for establishment
The Director of the Institute shall make a grant to, or enter into a
contract with, a national organization representing individuals with
Alzheimer's disease and related dementias for the conduct of the
activities described in subsection (b) of this section.
(b) Project activities
The organization receiving a grant or contract under this section
shall --
(1) establish a central computerized information system to --
(A) compile and disseminate information concerning initiatives by
State and local governments and private entities to provide programs and
services for individuals with Alzheimer's disease and related dementias;
and
(B) translate scientific and technical information concerning such
initiatives into information readily understandable by the general
public, and make such information available upon request; and
(2) establish a national toll-free telephone line to make available
the information described in paragraph (1), and information concerning
Federal programs, services, and benefits for individuals with
Alzheimer's disease and related dementias and their families.
(c) Fees for information; exception
The organization receiving a grant or contract under this section may
charge appropriate fees for information provided through the toll-free
telephone line established under subsection (b)(2) of this section, and
may make exceptions to such fees for individuals and organizations who
are not financially able to pay such fees.
(d) Application for grant or contract; contents
In order to receive a grant or contract under this section, an
organization shall submit an application to the Director of the
Institute. Such application shall contain --
(1) information demonstrating that such organization has a network of
contacts which will enable such organization to receive information
necessary to the operation of the central computerized information
system described in subsection (b)(1) of this section;
(2) information demonstrating that, by the end of fiscal year 1991,
such organization will be financially able to, and will, carry out the
activities described in subsection (b) of this section without a grant
or contract from the Federal Government; and
(3) such other information as the Director may prescribe.
(July 1, 1944, ch. 373, title IV, 445F, formerly Pub. L. 99-660,
title IX, 952, Nov. 14, 1986, 100 Stat. 3813; renumbered 445F of act
July 1, 1944, and amended Nov. 4, 1988, Pub. L. 100-607, title I,
142(a), (d)(5), 102 Stat. 3057, 3058.)
Section was formerly classified to section 11282 of this title prior
to renumbering by Pub. L. 100-607.
1988 -- Pub. L. 100-607, 142(a), renumbered section 11282 of this
title as this section.
Subsecs. (a), (d). Pub. L. 100-607, 142(d)(5), substituted ''the
Institute'' for ''the National Institute on Aging''.
42 USC subpart 6 -- national institute of allergy and infectious
diseases
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285f. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Allergy and
Infectious Diseases is the conduct and support of research, training,
health information dissemination, and other programs with respect to
allergic and immunologic diseases and disorders and infectious diseases.
(July 1, 1944, ch. 373, title IV, 446, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 855.)
42 USC subpart 7 -- national institute of child health and human
development
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285g. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Child Health and
Human Development (hereafter in this subpart referred to as the
''Institute'') is the conduct and support of research, training, health
information dissemination, and other programs with respect to maternal
health, child health, mental retardation, human growth and development,
including prenatal development, population research, and special health
problems and requirements of mothers and children.
(July 1, 1944, ch. 373, title IV, 448, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
Pub. L. 100-436, title IV, Sept. 20, 1988, 102 Stat. 1709, provided
that: ''Notwithstanding any other provision of law, the Commission
(National Commission to Prevent Infant Mortality) shall be composed of
sixteen members, including seven at large members. Furthermore, the
Commission has the power to accept voluntary and uncompensated services,
notwithstanding section 1342 of title 31, and shall continue operating,
notwithstanding sections 208 and 209 of Public Law 99-660 (set out
below).''
Pub. L. 99-660, title II, Nov. 14, 1986, 100 Stat. 3752, provided
that:
''SEC. 201. SHORT TITLE.
''This title may be cited as the 'National Commission to Prevent
Infant Mortality Act of 1986'.
''SEC. 202. DEFINITION.
''For the purposes of this title, the term 'infant mortality' refers
to the number of infants born alive but who die before their first
birthday.
''SEC. 203. ESTABLISHMENT OF A NATIONAL COMMISSION.
''(a) Establishment. -- There is established the National Commission
to Prevent Infant Mortality (hereinafter referred to as the
'Commission').
''(b) Composition. -- The Commission shall be composed of fifteen
members, as follows:
''(1) Two members of the Senate, one to be selected by the majority
leader of the Senate, the other to be selected by the minority leader of
the Senate.
''(2) Two members of the House, one to be selected by the Speaker of
the House, the other to be selected by the minority leader of the House.
''(3) Three representatives of State government shall be jointly
selected by the majority leader of the Senate and the Speaker of the
House. One shall be a Governor; one shall be a chief State official
responsible for administering the State medicaid program; and one shall
be the chief State official responsible for administering the State
maternal and child health programs.
''(4) The Secretary of Health and Human Services shall be a member.
''(5) The Comptroller General of the United States shall be a member.
''(6) Six at large members, with demonstrated expertise in maternal
and child health, including representatives of health care consumer and
provider organizations, shall be jointly selected by the majority leader
of the Senate and the Speaker of the House.
''(c) Chairman and Vice Chairman. -- The Commission shall select a
Chairperson and Vice Chairperson from among its members.
''(d) Quorum. -- Eight members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
''(e) Meetings. -- The Commission shall meet at the call of the
Chairperson.
''(f) Vacancies. -- Members shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not affect its powers,
but shall be filled in the same manner as the original appointment.
''SEC. 204. DUTIES OF THE COMMISSION.
''(a) Duties. -- The Commission shall:
''(1) Identify and examine comprehensively Federal, State, local, and
private resources which impact infant mortality, including but not
limited to --
''(A) the effectiveness and adequacy of programs such as the
Supplemental Feeding Program for Women, Infants, and Children; the
Maternal and Child Health Block Grant; Community Health Centers;
prepregnancy services and other programs that increase access to
prenatal and postnatal education, care, and nutrition;
''(B) the effectiveness of current Federal and State policies under
the Medicaid Program to ensure adequate access to prenatal and
post-natal care for low-income pregnant women, mothers, and infants up
to age one;
''(C) the role of income maintenance and other programs that impact
infant mortality such as Aid to Families with Dependent Children and
Federal housing subsidies;
''(D) the adequacy of current Federal and State efforts to enable an
appropriate distribution of properly trained health care professionals
to provide comprehensive maternal and child health services;
''(E) the adequacy of private health care financing systems and
mechanisms to enable pregnant women and infants to receive comprehensive
health care; and
''(F) the adequacy of the national biostatistics registration system
with respect to the collection and reporting of infant health
statistics.
''(2) Identify current financial, intergovernmental, and within the
Federal Government, interagency barriers to the health care needed to
prevent high infant mortality.
''(3) Review recommendations made in recent regional and national
reports that promote the health status of childbearing women and their
infants and carry forward such recommendations as deemed appropriate.
''(4) Hold hearings, in accordance with section 205(a), in areas of
the United States with high infant mortality rates.
''(b) Recommendations. -- The Commission shall --
''(1) recommend a national policy designed to reduce and prevent
infant mortality, including recommendations concerning populations at
risk of high infant death rates and recommendations concerning
appropriate roles for the Federal Government, States, local governments,
and private sector;
''(2) recommend to the Congress and the President the specific
changes needed within Federal laws and Federal programs to achieve an
effective Federal role in preventing infant mortality, including the
programs specified in subparagraphs (A) and (B) of subsection (a)(1);
''(3) recommend to the Congress and the President the specific
changes needed to improve the national vital statistics registration
system with respect to infant death statistics; and
''(4) present such recommendations to the President, the Committee on
Energy and Commerce of the House of Representatives, and the Committees
on Finance and Governmental Affairs of the Senate no later than one year
after enactment of this Act (Nov. 14, 1986).
''SEC. 205. POWERS OF THE COMMISSION.
''(a) Hearings. -- The Commission, or at its direction, any
subcommittee or member thereof, may for the purpose of carrying out the
provisions of this title, hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence and administer
such oaths, as the Commission or such subcommittee or member may deem
advisable. Any member of the Commission may administer oaths or
affirmations to witnesses appearing before the Commission, subcommittee,
or member thereof.
''(b) Information. -- The Commission may secure directly from any
Federal department or agency such information as may be necessary to
enable the Commission to carry out this title. Upon request of the
Chairman of the Commission, the head of such department or agency shall
furnish such information to the Commission.
''(c) Contracts. -- To carry out this title, the Commission may enter
into such contracts and other arrangements to such extent or in such
amounts as are provided in appropriation Acts, and without regard to the
provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).
Contracts and other arrangements may be entered into under this
subsection with or without consideration or bond.
''(d) Applicability of Federal Advisory Committee Act. -- The
provisions of the Federal Advisory Committee Act (5 App. U.S.C.) shall
not apply to the Commission.
''SEC. 206. COMMISSION STAFF.
''(a) Executive Director. -- The Chairperson and Vice Chairperson of
the Commission shall appoint an executive director. The employment of
such executive director shall be subject to confirmation by the
Commission.
''(b) Other Personnel. -- The Commission may appoint and terminate
the executive director selected under subsection (a) and such other
personnel as it considers appropriate to assist in the performance of
its duties under this title, without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and may pay such executive director and other personnel without
regard to the provisions of chapter 51 and subchapter 111 (III) of
chapter 53 of such title relating to classification and General Schedule
pay rates, except that the rate of pay for such executive director and
other personnel may not exceed the rate payable for GS-18 of the General
Schedule under section 5332 of such title.
''(c) Applicability of Other Federal Laws. -- Service of an
individual as a member of the Commission or employment of an individual
by the Commission on a part-time or full-time basis and with or without
compensation shall not be considered as service or employment bringing
such individual within the provisions of any Federal law relating to
conflicts of interest or otherwise imposing restrictions, requirements,
or penalties in relation to the employment of persons, the performance
of services, or the payment or receipt of compensation in connection
with claims, proceedings, or matters involving the United States.
Service as a member of the Commission or as an employee of the
Commission, shall not be considered service in an appointive or elective
position in the Government for purposes of section 8344 of title 5,
United States Code, or comparable provisions of Federal law.
''(d) Experts and Consultants. -- Subject to such rules as may be
prescribed by the Commission, the Chairman of the Commission may procure
temporary and intermittent services under section 3109 of title 5,
United States Code, at rates for individuals not to exceed the daily
rate payable for GS-18 of the General Schedule under section 5332 of
such title.
''SEC. 207. SUNSHINE PROVISION.
''The Commission shall establish procedures to ensure its proceedings
are open to the public to the maximum extent practicable.
''SEC. 208. TERMINATION OF THE COMMISSION.
''Ninety days after the Commission submits its recommendations as
required by section 204(b)(4) the Commission shall terminate.
''SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
''There are authorized to be appropriated to the Commission such sums
as may be necessary. Amounts appropriated under this section shall
remain available until the day on which the Commission terminates under
section 208.''
42 USC 285g-1. Sudden infant death syndrome research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall conduct and support research
which specifically relates to sudden infant death syndrome.
(July 1, 1944, ch. 373, title IV, 449, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
42 USC 285g-2. Mental retardation research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall conduct and support research and
related activities into the causes, prevention, and treatment of mental
retardation.
(July 1, 1944, ch. 373, title IV, 450, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
42 USC 285g-3. Associate Director for Prevention; appointment;
function
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) There shall be in the Institute an Associate Director for
Prevention to coordinate and promote the programs in the Institute
concerning the prevention of health problems of mothers and children.
The Associate Director shall be appointed by the Director of the
Institute from individuals who because of their professional training or
experience are experts in public health or preventive medicine.
(b) The Associate Director for Prevention shall prepare for inclusion
in the biennial report made under section 284b of this title a
description of the prevention activities of the Institute, including a
description of the staff and resources allocated to those activities.
(July 1, 1944, ch. 373, title IV, 451, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
42 USC 285g-4. National Center for Medical Rehabilitation Research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment of Center
There shall be in the Institute an agency to be known as the National
Center for Medical Rehabilitation Research (hereafter in this section
referred to as the ''Center''). The Director of the Institute shall
appoint a qualified individual to serve as Director of the Center. The
Director of the Center shall report directly to the Director of the
Institute.
(b) Purpose
The general purpose of the Center is the conduct and support of
research and research training (including research on the development of
orthotic and prosthetic devices), the dissemination of health
information, and other programs with respect to the rehabilitation of
individuals with physical disabilities resulting from diseases or
disorders of the neurological, musculoskeletal, cardiovascular,
pulmonary, or any other physiological system (hereafter in this section
referred to as ''medical rehabilitation'').
(c) Authority of Director
(1) In carrying out the purpose described in subsection (b) of this
section, the Director of the Center may --
(A) provide for clinical trials regarding medical rehabilitation;
(B) provide for research regarding model systems of medical
rehabilitation;
(C) coordinate the activities of the Center with similar activities
of other agencies of the Federal Government, including the other
agencies of the National Institutes of Health, and with similar
activities of other public entities and of private entities;
(D) support multidisciplinary medical rehabilitation research
conducted or supported by more than one such agency;
(E) in consultation with the advisory council for the Institute and
with the approval of the Director of NIH --
(i) establish technical and scientific peer review groups in addition
to those appointed under section 282(b)(6) of this title; and
(ii) appoint the members of peer review groups established under
subparagraph (A); and
(F) support medical rehabilitation research and training centers.
The Federal Advisory Committee Act shall not apply to the duration of
a peer review group appointed under subparagraph (E).
(2) In carrying out this section, the Director of the Center may make
grants and enter into cooperative agreements and contracts.
(d) Research Plan
(1) In consultation with the Director of the Center, the coordinating
committee established under subsection (e) of this section, and the
advisory board established under subsection (f) of this section, the
Director of the Institute shall develop a comprehensive plan for the
conduct and support of medical rehabilitation research (hereafter in
this section referred to as the ''Research Plan'').
(2) The Research Plan shall --
(A) identify current medical rehabilitation research activities
conducted or supported by the Federal Government, opportunities and
needs for additional research, and priorities for such research; and
(B) make recommendations for the coordination of such research
conducted or supported by the National Institutes of Health and other
agencies of the Federal Government.
(3)(A) Not later than 18 months after the date of the enactment of
the National Institutes of Health Revitalization Amendments of 1990, the
Director of the Institute shall transmit the Research Plan to the
Director of NIH, who shall submit the Plan to the President and the
Congress.
(B) Subparagraph (A) shall be carried out independently of the
process of reporting that is required in sections 283 and 284b of this
title.
(4) The Director of the Institute shall periodically revise and
update the Research Plan as appropriate, after consultation with the
Director of the Center, the coordinating committee established under
subsection (e) of this section, and the advisory board established under
subsection (f) of this section. A description of any revisions in the
Research Plan shall be contained in each report prepared under section
284b of this title by the Director of the Institute.
(e) Medical Rehabilitation Coordinating Committee
(1) The Director of NIH shall establish a committee to be known as
the Medical Rehabilitation Coordinating Committee (hereafter in this
section referred to as the ''Coordinating Committee'').
(2) The Coordinating Committee shall make recommendations to the
Director of the Institute and the Director of the Center with respect to
the content of the Research Plan and with respect to the activities of
the Center that are carried out in conjunction with other agencies of
the National Institutes of Health and with other agencies of the Federal
Government.
(3) The Coordinating Committee shall be composed of the Director of
the Center, the Director of the Institute, and the Directors of the
National Institute on Aging, the National Institute of Arthritis and
Musculoskeletal and Skin Diseases, the National Heart, Lung, and Blood
Institute, the National Institute of Neurological Disorders and Stroke,
and such other national research institutes and such representatives of
other agencies of the Federal Government as the Director of NIH
determines to be appropriate.
(4) The Coordinating Committee shall be chaired by the Director of
the Center.
(f) National Advisory Board on Medical Rehabilitation Research
(1) Not later than 90 days after the date of the enactment of the
National Institutes of Health Revitalization Amendments of 1990, the
Director of NIH shall establish a National Advisory Board on Medical
Rehabilitation Research (hereafter in this section referred to as the
''Advisory Board'').
(2) The Advisory Board shall review and assess Federal research
priorities, activities, and findings regarding medical rehabilitation
research, and shall advise the Director of the Center and the Director
of the Institute on the provisions of the Research Plan.
(3)(A) The Director of NIH shall appoint to the Advisory Board 18
qualified representatives of the public who are not officers or
employees of the Federal Government. Of such members, 12 shall be
representatives of health and scientific disciplines with respect to
medical rehabilitation and 6 shall be individuals representing the
interests of individuals undergoing, or in need of, medical
rehabilitation.
(B) The following officials shall serve as ex officio members of the
Advisory Board:
(i) The Director of the Center.
(ii) The Director of the Institute.
(iii) The Director of the National Institute on Aging.
(iv) The Director of the National Institute of Arthritis and
Musculoskeletal and Skin Diseases.
(v) The Director of the National Institute on Deafness and Other
Communication Disorders.
(vi) The Director of the National Heart, Lung, and Blood Institute.
(vii) The Director of the National Institute of Neurological
Disorders and Stroke.
(viii) The Director of the National Institute on Disability and
Rehabilitation Research.
(ix) The Commissioner for Rehabilitation Services Administration.
(x) The Assistant Secretary of Defense (Health Affairs).
(xi) The Chief Medical Director of the Department of Veterans
Affairs.
(4) The members of the Advisory Board shall, from among the members
appointed under paragraph (3)(A), designate an individual to serve as
the chair of the Advisory Board.
(July 1, 1944, ch. 373, title IV, 452, as added Nov. 16, 1990, Pub.
L. 101-613, 3(a), 104 Stat. 3227.)
The Federal Advisory Committee Act, referred to in subsec. (c)(1),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
The date of the enactment of the National Institutes of Health
Revitalization Amendments of 1990, referred to in subsecs. (d)(3)(A)
and (f)(1), probably means the date of enactment of the National
Institutes of Health Amendments of 1990, Pub. L. 101-613, which was
approved Nov. 16, 1990.
Section 3(b) of Pub. L. 101-613 provided that:
''(1) In general. -- The Secretary of Health and Human Services and
the heads of other Federal agencies shall --
''(A) jointly review the programs being carried out (or proposed to
be carried out) by each such official with respect to medical
rehabilitation research; and
''(B) as appropriate, enter into agreements for preventing
duplication among such programs.
''(2) Time for completion. -- The agreements required in paragraph
(1)(B) shall be made not later than one year after the date of the
enactment of this Act (Nov. 16, 1990).
''(3) Definition of medical rehabilitation. -- For purposes of this
subsection, the term 'medical rehabilitation' means the rehabilitation
of individuals with physical disabilities resulting from diseases or
disorders of the neurological, musculoskeletal, cardiovascular,
pulmonary, or any other physiological system.''
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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.
42 USC subpart 8 -- national institute of dental research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285h. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Dental Research is
the conduct and support of research, training, health information
dissemination, and other programs with respect to the cause, prevention,
and methods of diagnosis and treatment of dental and oral diseases and
conditions.
(July 1, 1944, ch. 373, title IV, 453, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
42 USC subpart 9 -- national eye institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285i. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Eye Institute (hereafter in this
subpart referred to as the ''Institute'') is the conduct and support of
research, training, health information dissemination, and other programs
with respect to blinding eye diseases, visual disorders, mechanisms of
visual function, preservation of sight, and the special health problems
and requirements of the blind. The Director of the Institute may carry
out a program of grants for public and private nonprofit vision research
facilities.
(July 1, 1944, ch. 373, title IV, 455, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 856.)
42 USC subpart 10 -- national institute of neurological disorders and
stroke
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1988 -- Pub. L. 100-553, 2(2), Oct. 28, 1988, 102 Stat. 2769, and
Pub. L. 100-607, title I, 101(2), Nov. 4, 1988, 102 Stat. 3049, made
identical amendments to subpart heading, substituting ''Neurological
Disorders'' for ''Neurological and Communicative Disorders''. Pub. L.
100-690, title II, 2613(b)(2), Nov. 18, 1988, 102 Stat. 4238, amended
subpart heading to read as if the amendment by Pub. L. 100-607 had not
been enacted.
42 USC 285j. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Neurological
Disorders and Stroke (hereafter in this subpart referred to as the
''Institute'') is the conduct and support of research, training, health
information dissemination, and other programs with respect to
neurological disease and disorder and stroke.
(July 1, 1944, ch. 373, title IV, 457, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857, and amended Oct. 28, 1988, Pub. L.
100-553, 2(3), 102 Stat. 2769; Nov. 4, 1988, Pub. L. 100-607, title I,
101(3), 102 Stat. 3049; Nov. 18, 1988, Pub. L. 100-690, title II,
2613(b)(2), 102 Stat. 4238; Aug. 16, 1989, Pub. L. 101-93, 5(a), 103
Stat. 611.)
1989 -- Pub. L. 101-93 substituted ''disease and'' for ''disease and
and''.
1988 -- Pub. L. 100-553 and Pub. L. 100-607 made identical
amendments, substituting ''Neurological Disorders'' for ''Neurological
and Communicative Disorders'' and ''and disorder and stroke'' for
''disorder, stroke, and disorders of human communication''. Pub. L.
100-690 amended this section to read as if the amendments by Pub. L.
100-607 had not been enacted.
For effective date of amendment by Pub. L. 100-690, see section
2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of
Similar Provisions note under section 285m of this title.
42 USC 285j-1. Spinal cord regeneration research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall conduct and support research into
spinal cord regeneration.
(July 1, 1944, ch. 373, title IV, 458, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857.)
Section 7 of Pub. L. 99-158 provided that:
''(a) Establishment. -- Within 90 days after the date of enactment of
this Act (Nov. 20, 1985), the Secretary of Health and Human Services
shall establish in the National Institute of Neurological and
Communicative Diseases and Stroke an Interagency Committee on Spinal
Cord Injury (hereafter in this section referred to as the 'Interagency
Committee'). The Interagency Committee shall plan, develop, coordinate,
and implement comprehensive Federal initiatives in research on spinal
cord injury and regeneration.
''(b) Committee Composition and Meetings. -- (1) The Interagency
Committee shall consist of representatives from --
''(A) the National Institute on Neurological and Communicative
Disorders and Stroke;
''(B) the Department of Defense;
''(C) the Department of Education;
''(D) the Veterans' Administration;
''(E) the Office of Science and Technology Policy; and
''(F) the National Science Foundation;
designated by the heads of such entities.
''(2) The Interagency Committee shall meet at least four times. The
Secretary of Health and Human Services shall select the Chairman of the
Interagency Committee from the members of the Interagency Committee.
''(c) Report. -- Within the 18 months after the date of enactment of
this Act (Nov. 20, 1985), the Interagency Committee shall prepare and
transmit to the Congress a report concerning its activities under this
section. The report shall include a description of research projects on
spinal cord injury and regeneration conducted or supported by Federal
agencies during such 18-month period, the nature and purpose of each
such project, the amounts expended for each such project, and an
identification of the entity which conducted the research under each
such project.
''(d) Termination. -- The Interagency Committee shall terminate 90
days after the date on which the Interagency Committee transmits the
report required by subsection (c) to the Congress.''
42 USC 285j-2. Bioengineering research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Institute shall make grants or enter into
contracts for research on the means to overcome paralysis of the
extremities through electrical stimulation and the use of computers.
(July 1, 1944, ch. 373, title IV, 459, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857.)
42 USC subpart 11 -- national institute of general medical sciences
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285k. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of General Medical
Sciences is the conduct and support of research, training, and, as
appropriate, health information dissemination, and other programs with
respect to general or basic medical sciences and related natural or
behavioral sciences which have significance for two or more other
national research institutes or are outside the general area of
responsibility of any other national research institute.
(July 1, 1944, ch. 373, title IV, 461, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857.)
42 USC subpart 12 -- national institute of environmental health sciences
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285l. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute of Environmental Health
Sciences is the conduct and support of research, training, health
information dissemination, and other programs with respect to factors in
the environment that affect human health, directly or indirectly.
(July 1, 1944, ch. 373, title IV, 463, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857.)
42 USC subpart 13 -- national institute on deafness and other
communication disorders
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 285m. Purpose of Institute
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Institute on Deafness and Other
Communication Disorders (hereafter referred to in this subpart as the
''Institute'') is the conduct and support of research and training, the
dissemination of health information, and other programs with respect to
disorders of hearing and other communication processes, including
diseases affecting hearing, balance, voice, speech, language, taste, and
smell.
(July 1, 1944, ch. 373, title IV, 464, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2769, and Nov. 4, 1988, Pub. L. 100-607,
title I, 101(4), 102 Stat. 3049, and amended Nov. 18, 1988, Pub. L.
100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and Pub. L. 100-607 contained identical provisions
enacting this section. See 1988 Amendment note below.
1988 -- Pub. L. 100-690 amended this section to read as if the
amendments made by Pub. L. 100-607, which enacted this section, had not
been enacted. See Codification note above.
For short title of Pub. L. 100-553 which enacted this subpart and
amended sections 281 and 285j of this title as the ''National Deafness
and Other Communication Disorders Act of 1988'', see section 1 of Pub.
L. 100-553, set out as a note under section 301 of this title.
Section 2613(b) of Pub. L. 100-690 provided that:
''(1) Paragraphs (2) and (3) shall take effect immediately after the
enactment of both the bill, S. 1727, of the One Hundredth Congress
(Pub. L. 100-553, approved Oct. 28, 1988), and the Health Omnibus
Programs Extension of 1988 (Pub. L. 100-607, approved Nov. 4, 1988).
''(2)(A) The provisions of the Public Health Service Act referred to
in subparagraph (B), as similarly amended by the enactment of the bill,
S. 1727, of the One Hundredth Congress, by subtitle A of title I of the
Health Omnibus Programs Extension of 1988, and by subsection (a)(1) of
this section, are amended to read as if the amendments made by such
subtitle A and such subsection (a)(1) had not been enacted.
''(B) The provisions of the Public Health Service Act referred to in
subparagraph (A) are --
''(A) sections 401(b)(1) and 457 (sections 281(b)(1) and 285j of this
title);
''(B) part C of title IV (this part); and
''(C) the heading for subpart 10 of such part C (42 U.S.C. prec.
285j).
''(3) Subsection (a)(2) of this section (set out below) is
repealed.''
Section 3 of Pub. L. 100-553 provided that:
''(a) Transfer of Personnel, Assets, and Liabilities. -- Personnel
employed by the National Institutes of Health in connection with the
functions vested under section 2 (enacting this subpart and amending
sections 281 and 285j of this title) in the Director of the National
Institute on Deafness and Other Communication Disorders, and assets,
property, contracts, liabilities, records, unexpended balances of
appropriations, authorizations, allocations, and other funds of the
National Institutes of Health, arising from or employed, held, used,
available to, or to be made available, in connection with such functions
shall be transferred to the Director for appropriate allocation.
Unexpended funds transferred under this subsection shall be used only
for the purposes for which the funds were originally authorized and
appropriated.
''(b) Savings Provisions. -- With respect to functions vested under
section 1 (probably means section 2, enacting this subpart and amending
sections 281 and 285j of this title) in the Director of the National
Institute on Deafness and Other Communication Disorders, all orders,
rules, regulations, grants, contracts, certificates, licenses,
privileges, and other determinations, actions, or official documents,
that have been issued, made, granted, or allowed to become effective,
and that are effective on the date of the enactment of this Act (Oct.
28, 1988), shall continue in effect according to their terms unless
changed pursuant to law.''
Section 2612(a)(2) of Pub. L. 100-690, which enacted provisions that
were substantially identical to the transitional and savings provisions
above, was repealed by section 2613(b)(3) of Pub. L. 100-690.
42 USC 285m-1. National Deafness and Other Communication Disorders
Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Director of the Institute, with the advice of the Institute's
advisory council, shall establish a National Deafness and Other
Communication Disorders Program (hereafter in this section referred to
as the ''Program''). The Director or /1/ the Institute shall, with
respect to the Program, prepare and transmit to the Director of NIH a
plan to initiate, expand, intensify and coordinate activities of the
Institute respecting disorders of hearing (including tinnitus) and other
communication processes, including diseases affecting hearing, balance,
voice, speech, language, taste, and smell. The plan shall include such
comments and recommendations as the Director of the Institute determines
appropriate. The Director of the Institute shall periodically review
and revise the plan and shall transmit any revisions of the plan to the
Director of NIH.
(b) Activities under the Program shall include --
(1) investigation into the etiology, pathology, detection, treatment,
and prevention of all forms of disorders of hearing and other
communication processes, primarily through the support of basic research
in such areas as anatomy, audiology, biochemistry, bioengineering,
epidemiology, genetics, immunology, microbiology, molecular biology, the
neurosciences, otolaryngology, psychology, pharmacology, physiology,
speech and language pathology, and any other scientific disciplines that
can contribute important knowledge to the understanding and elimination
of disorders of hearing and other communication processes;
(2) research into the evaluation of techniques (including surgical,
medical, and behavioral approaches) and devices (including hearing aids,
implanted auditory and nonauditory prosthetic devices and other
communication aids) used in diagnosis, treatment, rehabilitation, and
prevention of disorders of hearing and other communication processes;
(3) research into prevention, and early detection and diagnosis, of
hearing loss and speech and language disturbances (including stuttering)
and research into preventing the effects of such disorders on learning
and learning disabilities with extension of programs for appropriate
referral and rehabilitation;
(4) research into the detection, treatment, and prevention of
disorders of hearing and other communication processes in the growing
elderly population with extension of rehabilitative programs to ensure
continued effective communication skills in such population;
(5) research to expand knowledge of the effects of environmental
agents that influence hearing or other communication processes; and
(6) developing and facilitating intramural programs on clinical and
fundamental aspects of disorders of hearing and all other communication
processes.
(July 1, 1944, ch. 373, title IV, 464A, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2769, and Nov. 4, 1988, Pub. L. 100-607,
title I, 101(4), 102 Stat. 3049, and amended Nov. 18, 1988, Pub. L.
100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and Pub. L. 100-607 contained identical provisions
enacting this section. See 1988 Amendment note below.
1988 -- Pub. L. 100-690 amended this section to read as if the
amendments made by Pub. L. 100-607, which enacted this section, had not
been enacted. See Codification note above.
For effective date of amendment by Pub. L. 100-690, see section
2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of
Similar Provisions note under section 285m of this title.
/1/ So in original. Probably should be ''of''.
42 USC 285m-2. Data System and Information Clearinghouse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Director of the Institute shall establish a National Deafness
and Other Communication Disorders Data System for the collection,
storage, analysis, retrieval, and dissemination of data derived from
patient populations with disorders of hearing or other communication
processes, including where possible, data involving general populations
for the purpose of identifying individuals at risk of developing such
disorders.
(b) The Director of the Institute shall establish a National Deafness
and Other Communication Disorders Information Clearinghouse to
facilitate and enhance, through the effective dissemination of
information, knowledge and understanding of disorders of hearing and
other communication processes by health professionals, patients,
industry, and the public.
(July 1, 1944, ch. 373, title IV, 464B, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2770, and Nov. 4, 1988, Pub. L. 100-607,
title I, 101(4), 102 Stat. 3050, and amended Nov. 18, 1988, Pub. L.
100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and Pub. L. 100-607 contained identical provisions
enacting this section. See 1988 Amendment note below.
1988 -- Pub. L. 100-690 amended this section to read as if the
amendments made by Pub. L. 100-607, which enacted this section, had not
been enacted. See Codification note above.
For effective date of amendment by Pub. L. 100-690, see section
2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of
Similar Provisions note under section 285m of this title.
42 USC 285m-3. Multipurpose deafness and other communication disorders
center
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Development, modernization and operation; ''modernization''
defined
The Director of the Institute shall, after consultation with the
advisory council for the Institute, provide for the development,
modernization, and operation (including care required for research) of
new and existing centers for studies of disorders of hearing and other
communication processes. For purposes of this section, the term
''modernization'' means the alteration, remodeling, improvement,
expansion, and repair of existing buildings and the provision of
equipment for such buildings to the extent necessary to make them
suitable for use as centers described in the preceding sentence.
(b) Use of facilities; qualifications
Each center assisted under this section shall --
(1) use the facilities of a single institution or a consortium of
cooperating institutions; and
(2) meet such qualifications as may be prescribed by the Secretary.
(c) Requisite programs
Each center assisted under this section shall, at least, conduct --
(1) basic and clinical research into the cause diagnosis, early
detection, prevention, control and treatment of disorders of hearing and
other communication processes and complications resulting from such
disorders, including research into rehabilitative aids, implantable
biomaterials, auditory speech processors, speech production devices, and
other otolaryngologic procedures;
(2) training programs for physicians, scientists, and other health
and allied health professionals;
(3) information and continuing education programs for physicians and
other health and allied health professionals who will provide care for
patients with disorders of hearing or other communication processes;
and
(4) programs for the dissemination to the general public of
information --
(A) on the importance of early detection of disorders of hearing and
other communication processes, of seeking prompt treatment,
rehabilitation, and of following an appropriate regimen; and
(B) on the importance of avoiding exposure to noise and other
environmental toxic agents that may affect disorders of hearing or other
communication processes.
(d) Stipends
A center may use funds provided under subsection (a) of this section
to provide stipends for health professionals enrolled in training
programs described in subsection (c)(2) of this section.
(e) Discretionary programs
Each center assisted under this section may conduct programs --
(1) to establish the effectiveness of new and improved methods of
detection, referral, and diagnosis of individuals at risk of developing
disorders of hearing or other communication processes; and
(2) to disseminate the results of research, screening, and other
activities, and develop means of standardizing patient data and
recordkeeping.
(f) Equitable geographical distribution; needs of elderly and
children
The Director of the Institute shall, to the extent practicable,
provide for an equitable geographical distribution of centers assisted
under this section. The Director shall give appropriate consideration
to the need for centers especially suited to meeting the needs of the
elderly, and of children (particularly with respect to their education
and training), affected by disorders of hearing or other communication
processes.
(g) Period of support; recommended extensions of peer review group
Support of a center under this section may be for a period not to
exceed seven years. Such period may be extended by the Director of the
Institute for one or more additional periods of not more than five years
if the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director,
with the advice of the Institute's advisory council, if such group has
recommended to the Director that such period should be extended.
(July 1, 1944, ch. 373, title IV, 464C, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2771, and Nov. 4, 1988, Pub. L. 100-607,
title I, 101(4), 102 Stat. 3050, and amended Nov. 18, 1988, Pub. L.
100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and Pub. L. 100-607 contained identical provisions
enacting this section. See 1988 Amendment note below.
1988 -- Pub. L. 100-690 amended this section to read as if the
amendments made by Pub. L. 100-607, which enacted this section, had not
been enacted. See Codification note above.
For effective date of amendment by Pub. L. 100-690, see section
2613(b)(1) of Pub. L. 100-690, set out as an Effect of Enactment of
Similar Provisions note under section 285m of this title.
42 USC 285m-4. National Institute on Deafness and Other Communication
Disorders Advisory Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary shall establish in the Institute the National Deafness
and Other Communication Disorders Advisory Board (hereafter in this
section referred to as the ''Advisory Board'').
(b) Composition; qualifications; appointed and ex officio members
The Advisory Board shall be composed of eighteen appointed members
and nonvoting ex officio members as follows:
(1) The Secretary shall appoint --
(A) twelve members from individuals who are scientists, physicians,
and other health and rehabilitation professionals, who are not officers
or employees of the United States, and who represent the specialties and
disciplines relevant to deafness and other communication disorders,
including not less than two persons with a communication disorder; and
(B) six members from the general public who are knowledgeable with
respect to such disorders, including not less than one person with a
communication disorder and not less than one person who is a parent of
an individual with such a disorder.
Of the appointed members, not less than five shall by virtue of
training or experience be knowledgeable in diagnoses and rehabilitation
of communication disorders, education of the hearing, speech, or
language impaired, public health, public information, community program
development, occupational hazards to communications senses, or the aging
process.
(2) The following shall be ex officio members of each Advisory Board:
(A) The Assistant Secretary for Health, the Director of NIH, the
Director of the National Institute on Deafness and Other Communication
Disorders, the Director of the Centers for Disease Control, the Chief
Medical Director of the Veterans' Administration, and the Assistant
Secretary of Defense for Health Affairs (or the designees of such
officers).
(B) Such other officers and employees of the United States as the
Secretary determines necessary for the Advisory Board to carry out its
functions.
(c) Compensation
Members of an Advisory Board who are officers or employees of the
Federal Government shall serve as members of the Advisory Board without
compensation in addition to that received in their regular public
employment. Other members of the Board shall receive compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule for each day (including
traveltime) they are engaged in the performance of their duties as
members of the Board.
(d) Term of office; vacancies
The term of office of an appointed member of the Advisory Board is
four years, except that no term of office may extend beyond the
expiration of the Advisory Board. Any member appointed to fill a
vacancy for an unexpired term shall be appointed for the remainder of
such term. A member may serve after the expiration of the member's term
until a successor has taken office. If a vacancy occurs in the Advisory
Board, the Secretary shall make an appointment to fill the vacancy not
later than 90 days from the date the vacancy occurred.
(e) Chairman
The members of the Advisory Board shall select a chairman from among
the appointed members.
(f) Personnel; executive director; professional and clerical staff
members; consultants; information and administrative support services
and facilities
The Secretary shall, after consultation with and consideration of the
recommendations of the Advisory Board, provide the Advisory Board with
an executive director and one other professional staff member. In
addition, the Secretary shall, after consultation with and consideration
of the recommendations of the Advisory Board, provide the Advisory Board
with such additional professional staff members, such clerical staff
members, such services of consultants, such information, and (through
contracts or other arrangements) such administrative support services
and facilities, as the Secretary determines are necessary for the
Advisory Board to carry out its functions.
(g) Meetings
The Advisory Board shall meet at the call of the chairman or upon
request of the Director of the Institute, but not less often than four
times a year.
(h) Functions
The Advisory Board shall --
(1) review and evaluate the implementation of the plan prepared under
section 285m-1(a) of this title and periodically update the plan to
ensure its continuing relevance;
(2) for the purpose of assuring the most effective use and
organization of resources respecting deafness and other communication
disorders, advise and make recommendations to the Congress, the
Secretary, the Director of NIH, the Director of the Institute, and the
heads of other appropriate Federal agencies for the implementation and
revision of such plan; and
(3) maintain liaison with other advisory bodies related to Federal
agencies involved in the implementation of such plan and with key
non-Federal entities involved in activities affecting the control of
such disorders.
(i) Subcommittee activities; workshops and conferences; collection
of data
In carrying out its functions, the Advisory Board may establish
subcommittees, convene workshops and conferences, and collect data.
Such subcommittees may be composed of Advisory Board members and
nonmember consultants with expertise in the particular area addressed by
such subcommittees. The subcommittees may hold such meetings as are
necessary to enable them to carry out their activities.
(j) Annual report
The Advisory Board shall prepare an annual report for the Secretary
which --
(1) describes the Advisory Board's activities in the fiscal year for
which the report is made;
(2) describes and evaluates the progress made in such fiscal year in
research, treatment, education, and training with respect to the
deafness and other communication disorders;
(3) summarizes and analyzes expenditures made by the Federal
Government for activities respecting such disorders in such fiscal year;
and
(4) contains the Advisory Board's recommendations (if any) for
changes in the plan prepared under section 285m-1(a) of this title.
(k) Commencement of existence
The National Deafness and Other Communication Disorders Advisory
Board shall be established not later than April 1, 1989.
(July 1, 1944, ch. 373, title IV, 464D, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2772, and Nov. 18, 1988, Pub. L. 100-690,
title II, 2613(a)(1), 102 Stat. 4235, and amended Nov. 18, 1988, Pub.
L. 100-690, title II, 2613(b)(2), 102 Stat. 4238; Aug. 16, 1989, Pub.
L. 101-93, 5(b), 103 Stat. 611.)
Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690 contained
identical provisions enacting this section. See 1988 Amendment note
below.
1989 -- Subsec. (k). Pub. L. 101-93 substituted ''April 1, 1989''
for ''90 days after the date of the enactment of the National Institute
on Deafness and Other Communication Disorders Act''.
1988 -- Pub. L. 100-690, 2613(b)(2), amended this section to read
as if the amendments made by Pub. L. 100-690, 2613(a)(1), which
enacted this section, had not been enacted. See Codification note
above.
Reference to the Chief Medical Director of Veterans' Administration
deemed to refer to the Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
For effective date of amendment by section 2613(b)(2) of Pub. L.
100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an
Effect of Enactment of Similar Provisions note under section 285m of
this title.
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 285m-5. Interagency Coordinating Committee
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
The Secretary may establish a committee to be known as the Deafness
and Other Communication Disorders Interagency Coordinating Committee
(hereafter in this section referred to as the ''Coordinating
Committee'').
(b) Functions
The Coordinating Committee shall, with respect to deafness and other
communication disorders --
(1) provide for the coordination of the activities of the national
research institutes; and
(2) coordinate the aspects of all Federal health programs and
activities relating to deafness and other communication disorders in
order to assure the adequacy and technical soundness of such programs
and activities and in order to provide for the full communication and
exchange of information necessary to maintain adequate coordination of
such programs and activities.
(c) Composition
The Coordinating Committee shall be composed of the directors of each
of the national research institutes and divisions involved in research
with respect to deafness and other communication disorders and
representatives of all other Federal departments and agencies whose
programs involve health functions or responsibilities relevant to
deafness and other communication disorders.
(d) Chairman; meetings
The Committee /1/ shall be chaired by the Director of NIH (or the
designee of the Director). The Committee /1/ shall meet at the call of
the chair, but not less often than four times a year.
(e) Annual report; recipients of report
Not later than 120 days after the end of each fiscal year, the
Committee /1/ shall prepare and transmit to the Secretary, the Director
of NIH, the Director of the Institute, and the advisory council for the
Institute a report detailing the activities of the Committee /1/ in such
fiscal year in carrying out subsection (b) of this section.
(July 1, 1944, ch. 373, title IV, 464E, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2774, and Nov. 18, 1988, Pub. L. 100-690,
title II, 2613(a)(1), 102 Stat. 4237, and amended Nov. 18, 1988, Pub.
L. 100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690 contained
identical provisions enacting this section. See 1988 Amendment note
below.
1988 -- Pub. L. 100-690, 2613(b)(2), amended this section to read
as if the amendments made by Pub. L. 100-690, 2613(a)(1), which
enacted this section, had not been enacted. See Codification note
above.
For effective date of amendment by section 2613(b)(2) of Pub. L.
100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an
Effect of Enactment of Similar Provisions note under section 285m of
this title.
/1/ So in original. Probably should be ''Coordinating Committee''.
42 USC 285m-6. Limitation on administrative expenses
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
With respect to amounts appropriated for a fiscal year for the
National Institutes of Health, the limitation established in section
284c(b)(1) of this title on the expenditure of such amounts for
administrative expenses shall apply to administrative expenses of the
National Institute on Deafness and Other Communication Disorders.
(July 1, 1944, ch. 373, title IV, 464F, as added Oct. 28, 1988, Pub.
L. 100-553, 2(4), 102 Stat. 2774, and Nov. 18, 1988, Pub. L. 100-690,
title II, 2613(a)(1), 102 Stat. 4238, and amended Nov. 18, 1988, Pub.
L. 100-690, title II, 2613(b)(2), 102 Stat. 4238.)
Pub. L. 100-553 and section 2613(a)(1) of Pub. L. 100-690 contained
identical provisions enacting this section. See 1988 Amendment note
below.
1988 -- Pub. L. 100-690, 2613(b)(2), amended this section to read
as if the amendments made by Pub. L. 100-690, 2613(a)(1), which
enacted this section, had not been enacted. See Codification note
above.
For effective date of amendment by section 2613(b)(2) of Pub. L.
100-690, see section 2613(b)(1) of Pub. L. 100-690, set out as an
Effect of Enactment of Similar Provisions note under section 285m of
this title.
42 USC Part D -- National Library of Medicine
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart 1 -- general provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 286. National Library of Medicine
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Purpose and establishment
In order to assist the advancement of medical and related sciences
and to aid the dissemination and exchange of scientific and other
information important to the progress of medicine and to the public
health, there is established the National Library of Medicine (hereafter
in this part referred to as the ''Library'').
(b) Functions
The Secretary, through the Library and subject to subsection (d) of
this section, shall --
(1) acquire and preserve books, periodicals, prints, films,
recordings, and other library materials pertinent to medicine;
(2) organize the materials specified in paragraph (1) by appropriate
cataloging, indexing, and bibliographical listings;
(3) publish and disseminate the catalogs, indexes, and bibliographies
referred to in paragraph (2);
(4) make available, through loans, photographic or other copying
procedures, or otherwise, such materials in the Library as the Secretary
determines appropriate;
(5) provide reference and research assistance; and
/1/ publicize the availability of the above products and
services of the National Library of Medicine
(6) engage in such other activities as the Secretary determines
appropriate and as the Library's resources permit.
(c) Exchange, destruction, or disposal of materials not needed
The Secretary may exchange, destroy, or otherwise dispose of any
books, periodicals, films, and other library materials not needed for
the permanent use of the Library.
(d) Availability of publications, materials, facilities, or services;
prescription of rules
(1) The Secretary may, after obtaining the advice and recommendations
of the Board of Regents, prescribe rules under which the Library will --
(A) provide copies of its publications or materials,
(B) will make available its facilities for research, or
(C) will make available its bibliographic, reference, or other
services,
to public and private entities and individuals.
(2) Rules prescribed under paragraph (1) may provide for making
available such publications, materials, facilities, or services --
(A) without charge as a public service,
(B) upon a loan, exchange, or charge basis, or
(C) in appropriate circumstances, under contract arrangements made
with a public or other nonprofit entity.
(e) Regional medical libraries; establishment
Whenever the Secretary, with the advice of the Board of Regents,
determines that --
(1) in any geographic area of the United States there is no regional
medical library adequate to serve such area;
(2) under criteria prescribed for the administration of section
286b-6 of this title, there is a need for a regional medical library to
serve such area; and
(3) because there is no medical library located in such area which,
with financial assistance under section 286b-6 of this title, can
feasibly be developed into a regional medical library adequate to serve
such area,
the Secretary may establish, as a branch of the Library, a regional
medical library to serve the needs of such area.
(f) Acceptance and administration of gifts; memorials
Section 300aaa of this title shall be applicable to the acceptance
and administration of gifts made for the benefit of the Library or for
carrying out any of its functions, and the Board of Regents shall make
recommendations to the Secretary relating to establishment within the
Library of suitable memorials to the donors.
(g) ''Medicine'' and ''medical'' defined
For purposes of this part, the terms ''medicine'' and ''medical'',
except when used in section 286a of this title, include preventive and
therapeutic medicine, dentistry, pharmacy, hospitalization, nursing,
public health, and the fundamental sciences related thereto, and other
related fields of study, research, or activity.
(July 1, 1944, ch. 373, title IV, 465, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 857, and amended Nov. 14, 1986, Pub. L. 99-660,
title III, 311(b)(1), 100 Stat. 3779; Dec. 22, 1987, Pub. L. 100-202,
101(h) (title II, 215), 101 Stat. 1329-256, 1329-275; Nov. 4, 1988,
Pub. L. 100-607, title II, 204(2), 102 Stat. 3079; Nov. 18, 1988, Pub.
L. 100-690, title II, 2620(b)(1), 102 Stat. 4244; Aug. 18, 1990, Pub.
L. 101-381, title I, 102(2), 104 Stat. 585.)
1990 -- Subsec. (f). Pub. L. 101-381 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
1988 -- Subsec. (f). Pub. L. 100-690 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
Pub. L. 100-607 substituted ''300aaa'' for ''300cc''.
1987 -- Subsec. (b). Pub. L. 100-202, which directed the amendment
of ''Section 465(B) of 42 U.S.C. 286'' by inserting ''between (5) and
(6) an additional charge to the Secretary to 'publicize the availability
of the above products and services of the National Library of
Medicine''', was executed to subsec. (b) of this section by inserting
''publicize the availability of the above products and services of the
National Library of Medicine'' between cls. (5) and (6), to reflect the
probable intent of Congress.
1986 -- Subsec. (f). Pub. L. 99-660 substituted ''section 300cc of
this title'' for ''section 300aa of this title''.
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
Amendment by Pub. L. 99-660 effective Dec. 22, 1987, see section
323 of Pub. L. 99-660, as amended, set out as an Effective Date note
under section 300aa-1 of this title.
/1/ So in original. See 1987 Amendment note below.
42 USC 286a. Board of Regents
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Membership; ex officio members
(1)(A) The Board of Regents of the National Library of Medicine
consists of ex officio members and ten members appointed by the
Secretary.
(B) The ex officio members are the Surgeons General of the Public
Health Service, the Army, the Navy, and the Air Force, the Chief Medical
Director of the Veterans' Administration, the Dean of the Uniformed
Services University of the Health Sciences, the Assistant Director for
Biological, Behavioral, and Social Sciences of the National Science
Foundation, the Director of the National Agricultural Library, and the
Librarian of Congress (or their designees).
(C) The appointed members shall be selected from among leaders in the
various fields of the fundamental sciences, medicine, dentistry, public
health, hospital administration, pharmacology, health communications
technology, or scientific or medical library work, or in public affairs.
At least six of the appointed members shall be selected from among
leaders in the fields of medical, dental, or public health research or
education.
(2) The Board shall annually elect one of the appointed members to
serve as chairman until the next election. The Secretary shall
designate a member of the Library staff to act as executive secretary of
the Board.
(b) Recommendations on matters of policy; recommendations included
in annual report; use of services of members by Secretary
The Board shall advise, consult with, and make recommendations to the
Secretary on matters of policy in regard to the Library, including such
matters as the acquisition of materials for the Library, the scope,
content, and organization of the Library's services, and the rules under
which its materials, publications, facilities, and services shall be
made available to various kinds of users. The Secretary shall include
in the annual report of the Secretary to the Congress a statement
covering the recommendations made by the Board and the disposition
thereof. The Secretary may use the services of any member of the Board
in connection with matters related to the work of the Library, for such
periods, in addition to conference periods, as the Secretary may
determine.
(c) Term of office; vacancy; reappointment
Each appointed member of the Board shall hold office for a term of
four years, except that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the predecessor of such
member was appointed shall be appointed for the remainder of such term.
None of the appointed members shall be eligible for reappointment within
one year after the end of the preceding term of such member.
(July 1, 1944, ch. 373, title IV, 466, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 859.)
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
42 USC 286a-1. Library facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
There are authorized to be appropriated amounts sufficient for the
erection and equipment of suitable and adequate buildings and facilities
for use of the Library. The Administrator of General Services may
acquire, by purchase, condemnation, donation, or otherwise, a suitable
site or sites, selected by the Secretary in accordance with the
direction of the Board, for such buildings and facilities and to erect
thereon, furnish, and equip such buildings and facilities. The amounts
authorized to be appropriated by this section include the cost of
preparation of drawings and specifications, supervision of construction,
and other administrative expenses incident to the work. The
Administrator of General Services shall prepare the plans and
specifications, make all necessary contracts, and supervise
construction.
(July 1, 1944, ch. 373, title IV, 467, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 859.)
42 USC subpart 2 -- financial assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 286b. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of grants and contracts under sections 286b-3 through
286b-7 of this title, there are authorized to be appropriated
$14,000,000 for fiscal year 1989 and such sums as may be necessary for
fiscal year 1990. Funds appropriated under this section shall remain
available for such purposes until the end of the fiscal year immediately
following the fiscal year for which they were appropriated.
(July 1, 1944, ch. 373, title IV, 469, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 860, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 146(a), 102 Stat. 3058.)
1988 -- Pub. L. 100-607 amended first sentence generally. Prior to
amendment, first sentence read as follows: ''For the purpose of grants
and contracts under sections 286b-3, 286b-4, 286b-5, 286b-6, and 286b-7
of this title, there are authorized to be appropriated $12,000,000 for
fiscal year 1986, $13,000,000 for fiscal year 1987, and $14,000,000 for
fiscal year 1988.''
42 USC 286b-1. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
As used in this subpart --
(1) the term ''medical library'' means a library related to the
sciences related to health; and
(2) the term ''sciences related to health'' includes medicine,
osteopathy, dentistry, and public health, and fundamental and applied
sciences when related thereto.
(July 1, 1944, ch. 373, title IV, 470, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 860.)
42 USC 286b-2. National Medical Libraries Assistance Advisory Board
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Board of Regents of National Library of Medicine to serve as
The Board of Regents of the National Library of Medicine shall also
serve as the National Medical Libraries Assistance Advisory Board
(hereafter in this subpart referred to as the ''Board'').
(b) Functions
The Board shall advise and assist the Secretary in the preparation of
general regulations and with respect to policy matters arising in the
administration of this subpart.
(c) Use of services of members by Secretary
The Secretary may use the services of any member of the Board, in
connection with matters related to the administration of this part for
such periods, in addition to conference periods, as the Secretary may
determine.
(d) Compensation
Appointed members of the Board who are not otherwise in the employ of
the United States, while attending conferences of the Board or otherwise
serving at the request of the Secretary in connection with the
administration of this subpart, shall be entitled to receive
compensation, per diem in lieu of subsistence, and travel expenses in
the same manner and under the same conditions as that prescribed under
section 210(c) of this title when attending conferences, traveling, or
serving at the request of the Secretary in connection with the Board's
function under this section.
(July 1, 1944, ch. 373, title IV, 471, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 860.)
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
Pub. L. 93-641, 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.
42 USC 286b-3. Grants for training in medical library sciences
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary shall make grants --
(1) to individuals to enable them to accept traineeships and
fellowships leading to postbaccalaureate academic degrees in the field
of medical library science, in related fields pertaining to sciences
related to health, or in the field of the communication of information;
(2) to individuals who are librarians or specialists in information
on sciences relating to health, to enable them to undergo intensive
training or retraining so as to attain greater competence in their
occupations (including competence in the fields of automatic data
processing and retrieval);
(3) to assist appropriate public and private nonprofit institutions
in developing, expanding, and improving training programs in library
science and the field of communications of information pertaining to
sciences relating to health; and
(4) to assist in the establishment of internship programs in
established medical libraries meeting standards which the Secretary
shall prescribe.
(July 1, 1944, ch. 373, title IV, 472, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 860.)
42 USC 286b-4. Assistance for special scientific projects, and for
research and development in medical library science and related fields
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary shall make grants to physicians and other
practitioners in the sciences related to health, to scientists, and to
public or nonprofit private institutions on behalf of such physicians,
other practitioners, and scientists for the compilation of existing, or
the writing of original, contributions relating to scientific, social,
or cultural advancements in sciences related to health. In making such
grants, the Secretary shall make appropriate arrangements under which
the facilities of the Library and the facilities of libraries of public
and private nonprofit institutions of higher learning may be made
available in connection with the projects for which such grants are
made.
(b) The Secretary shall make grants to appropriate public or private
nonprofit institutions and enter into contracts with appropriate
persons, for purposes of carrying out projects of research,
investigations, and demonstrations in the field of medical library
science and related activities and for the development of new
techniques, systems, and equipment, for processing, storing, retrieving,
and distributing information pertaining to sciences related to health.
(July 1, 1944, ch. 373, title IV, 473, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 861.)
42 USC 286b-5. Grants for establishing, expanding, and improving basic
resources of medical libraries and related instrumentalities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary shall make grants of money, materials, or both, to
public or private nonprofit medical libraries and related scientific
communication instrumentalities for the purpose of establishing,
expanding, and improving their basic medical library or related
resources. A grant under this subsection may be used for --
(1) the acquisition of books, journals, photographs, motion picture
and other films, and other similar materials;
(2) cataloging, binding, and other services and procedures for
processing library resource materials for use by those who are served by
the library or related instrumentality;
(3) the acquisition of duplication devices, facsimile equipment, film
projectors, recording equipment, and other equipment to facilitate the
use of the resources of the library or related instrumentality by those
who are served by it; and
(4) the introduction of new technologies in medical librarianship.
(b)(1) The amount of any grant under this section to any medical
library or related instrumentality shall be determined by the Secretary
on the basis of the scope of library or related services provided by
such library or instrumentality in relation to the population and
purposes served by it. In making a determination of the scope of
services served by any medical library or related instrumentality, the
Secretary shall take into account --
(A) the number of graduate and undergraduate students making use of
the resources of such library or instrumentality;
(B) the number of physicians and other practitioners in the sciences
related to health utilizing the resources of such library or
instrumentality;
(C) the type of supportive staffs, if any, available to such library
or instrumentality;
(D) the type, size, and qualifications of the faculty of any school
with which such library or instrumentality is affiliated;
(E) the staff of any hospital or hospitals or of any clinic or
clinics with which such library or instrumentality is affiliated; and
(F) the geographic area served by such library or instrumentality and
the availability within such area of medical library or related services
provided by other libraries or related instrumentalities.
(2) Grants to such medical libraries or related instrumentalities
under this section shall be in such amounts as the Secretary may by
regulation prescribe with a view to assuring adequate continuing
financial support for such libraries or instrumentalities from other
sources during and after the period for which grants are provided,
except that in no case shall any grant under this section to a medical
library or related instrumentality for any fiscal year exceed $750,000.
(July 1, 1944, ch. 373, title IV, 474, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 861, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 146(b), 102 Stat. 3058.)
1988 -- Subsec. (b)(2). Pub. L. 100-607 substituted ''$750,000'' for
''$500,000''.
42 USC 286b-6. Grants and contracts for establishment of regional
medical libraries
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Existing public or private nonprofit medical libraries
The Secretary, with the advice of the Board, shall make grants to and
enter into contracts with existing public or private nonprofit medical
libraries so as to enable each of them to serve as the regional medical
library for the geographical area in which it is located.
(b) Uses for grants and contracts
The uses for which grants and contracts under this section may be
employed include the --
(1) acquisition of books, journals, and other similar materials;
(2) cataloging, binding, and other procedures for processing library
resource materials for use by those who are served by the library;
(3) acquisition of duplicating devices and other equipment to
facilitate the use of the resources of the library by those who are
served by it;
(4) acquisition of mechanisms and employment of personnel for the
speedy transmission of materials from the regional library to local
libraries in the geographic area served by the regional library; and
(5) planning for services and activities under this section.
(c) Conditions
(1) Grants and contracts under this section shall only be made to or
entered into with medical libraries which agree --
(A) to modify and increase their library resources, and to supplement
the resources of cooperating libraries in the region, so as to be able
to provide adequate supportive services to all libraries in the region
as well as to individual users of library services; and
(B) to provide free loan services to qualified users and make
available photoduplicated or facsimile copies of biomedical materials
which qualified requesters may retain.
(2) The Secretary, in awarding grants and contracts under this
section, shall give priority to medical libraries having the greatest
potential of fulfilling the needs for regional medical libraries. In
determining the priority to be assigned to any medical library, the
Secretary shall consider --
(A) the adequacy of the library (in terms of collections, personnel,
equipment, and other facilities) as a basis for a regional medical
library; and
(B) the size and nature of the population to be served in the region
in which the library is located.
(d) Basic resources materials; limitation on grant or contract
Grants and contracts under this section for basic resource materials
to a library may not exceed --
(1) 50 percent of the library's annual operating expense (exclusive
of Federal financial assistance under this part) for the preceding year;
or
(2) in case of the first year in which the library receives a grant
under this section for basic resource materials, 50 percent of its
average annual operating expenses over the past three years (or if it
had been in operation for less than three years, its annual operating
expenses determined by the Secretary in accordance with regulations).
(July 1, 1944, ch. 373, title IV, 475, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 862.)
42 USC 286b-7. Financial support of biomedical scientific publications
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary, with the advice of the Board, shall make grants
to, and enter into appropriate contracts with, public or private
nonprofit institutions of higher education and individual scientists for
the purpose of supporting biomedical scientific publications of a
nonprofit nature and to procure the compilation, writing, editing, and
publication of reviews, abstracts, indices, handbooks, bibliographies,
and related matter pertaining to scientific works and scientific
developments.
(b) Grants under subsection (a) of this section in support of any
single periodical publication may not be made for more than three years,
except in those cases in which the Secretary determines that further
support is necessary to carry out the purposes of subsection (a) of this
section.
(July 1, 1944, ch. 373, title IV, 476, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 863.)
42 USC 286b-8. Grant payments, records, and audit
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Payments under grants made under sections 286b-3, 286b-4, 286b-5,
286b-6, and 286b-7 of this title may be made in advance or by way of
reimbursement and in such installments as the Secretary shall prescribe
by regulation after consultation with the Board.
(b)(1) Each recipient of a grant under this subpart shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the amount and disposition by such recipient of the proceeds of
such grant, the total cost of the project or undertaking in connection
with which such grant is given or used, and the amount of that portion
of the cost of the project or undertaking supplied by other sources, and
such other records as will facilitate an effective audit.
(2) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of such recipients that are pertinent to any grant received
under this subpart.
(July 1, 1944, ch. 373, title IV, 477, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 863.)
42 USC subpart 3 -- national center for biotechnology information
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 286c. Purpose, establishment, functions, and funding of
National Center for Biotechnology Information
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment
In order to focus and expand the collection, storage, retrieval, and
dissemination of the results of biotechnology research by information
systems, and to support and enhance the development of new information
technologies to aid in the understanding of the molecular processes that
control health and disease, there is established the National Center for
Biotechnology Information (hereinafter in this section referred to as
the ''Center'') in the National Library of Medicine.
(b) Functions
The Secretary, through the Center and subject to section 286(d) of
this title, shall --
(1) design, develop, implement, and manage automated systems for the
collection, storage, retrieval, analysis, and dissemination of knowledge
concerning human molecular biology, biochemistry, and genetics;
(2) perform research into advanced methods of computer-based
information processing capable of representing and analyzing the vast
number of biologically important molecules and compounds;
(3) enable persons engaged in biotechnology research and medical care
to use systems developed under paragraph (1) and methods described in
paragraph (2); and
(4) coordinate, as much as is practicable, efforts to gather
biotechnology information on an international basis.
(c) Authorization of appropriations
For the purpose of performing the duties specified in subsection (b)
of this section, there are authorized to be appropriated $8,000,000 for
fiscal year 1989 and such sums as may be necessary for fiscal year 1990.
Funds appropriated under this subsection shall remain available until
expended.
(July 1, 1944, ch. 373, title IV, 478, as added Nov. 4, 1988, Pub.
L. 100-607, title I, 105, 102 Stat. 3052.)
42 USC Part E -- Other Agencies of NIH
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart 1 -- division of research resources
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 287. General purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the Division of Research Resources is to
strengthen and enhance the research environments of entities engaged in
health-related research by developing and supporting essential research
resources.
(July 1, 1944, ch. 373, title IV, 479, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 864.)
42 USC 287a. Advisory council
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Appointment; functions and duties; acceptance of conditional
gifts; subcommittees
(1) The Secretary shall appoint an advisory council for the Division
of Research Resources which shall advise, assist, consult with, and make
recommendations to the Secretary and the Director of the Division on
matters related to the activities carried out by and through the
Division and the policies respecting such activities.
(2) The advisory council for the Division of Research Resources may
recommend to the Secretary acceptance, in accordance with section 300aaa
of this title, of conditional gifts for study, investigations, and
research and for the acquisition of grounds or construction, equipping,
or maintenance of facilities for the Division.
(3) The advisory council for the Division --
(A)(i) may make recommendations to the Director of the Division
respecting research conducted at the Division,
(ii) may review applications for grants and cooperative agreements
for research or training and recommend for approval applications for
projects which show promise of making valuable contributions to human
knowledge, and
(iii) may review any grant, contract, or cooperative agreement
proposed to be made or entered into by the Division;
(B) may collect, by correspondence or by personal investigation,
information as to studies which are being carried on in the United
States or any other country as to the diseases, disorders, or other
aspects of human health with respect to which the Division is concerned
and with the approval of the Director of the Division make available
such information through appropriate publications for the benefit of
public and private health entities and health professions personnel and
scientists and for the information of the general public; and
(C) may appoint subcommittees and convene workshops and conferences.
(b) Membership; ex officio members; compensation
(1) The advisory council shall consist of ex officio members and not
more than eighteen members appointed by the Secretary.
(2) The ex officio members of the advisory council shall consist of
--
(A) the Secretary, the Director of NIH, the Director of the Division
of Research Resources, the Chief Medical Director of the Veterans'
Administration, and the Assistant Secretary of Defense for Health
Affairs (or the designees of such officers), and
(B) such additional officers or employees of the United States as the
Secretary determines necessary for the advisory council to effectively
carry out its functions.
(3) The members of the advisory council who are not ex officio
members shall be appointed as follows:
(A) Two-thirds of the members shall be appointed by the Secretary
from among the leading representatives of the health and scientific
disciplines (including public health and the behavioral or social
sciences) relevant to the activities of the Division.
(B) One-third of the members shall be appointed by the Secretary from
the general public and shall include leaders in fields of public policy,
law, health policy, economics, and management.
(4) Members of the advisory council who are officers or employees of
the United States shall not receive any compensation for service on the
advisory council. The other members of the advisory council shall
receive, for each day (including traveltime) they are engaged in the
performance of the functions of the advisory council, compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule.
(c) Term of office; vacancy; reappointment
The term of office of an appointed member of the advisory council is
four years, except that any member appointed to fill a vacancy for an
unexpired term shall be appointed for the remainder of such term and the
Secretary shall make appointments to an advisory council in such a
manner as to ensure that the terms of the members do not all expire in
the same year. A member may serve after the expiration of the member's
term until a successor has taken office. A member who has been
appointed for a term of four years may not be reappointed to an advisory
council before two years from the date of expiration of such term of
office. If a vacancy occurs in the advisory council among the appointed
members, the Secretary shall make an appointment to fill the vacancy
within 90 days from the date the vacancy occurs.
(d) Chairman; selection; term of office
The chairman of the advisory council shall be selected by the
Secretary from among the appointed members, except that the Secretary
may select the Director of the Division of Research Resources to be the
chairman of the advisory council. The term of office of the chairman
shall be two years.
(e) Meetings
The advisory council shall meet at the call of the chairman or upon
the request of the Director of the Division of Research Resources, but
at least three times each fiscal year. The location of the meetings of
the advisory council is subject to the approval of the Director of the
Division.
(f) Executive secretary; staff; orientation and training for new
members
The Director of the Division of Research Resources shall designate a
member of the staff of the Division to serve as the executive secretary
of the advisory council. The Director of the Division shall make
available to the advisory council such staff, information, and other
assistance as it may require to carry out its functions. The Director
of the Division shall provide orientation and training for new members
of the advisory council to provide them with such information and
training as may be appropriate for their effective participation in the
functions of the advisory council.
(g) Material for inclusion in biennial report; additional reports
The advisory council may prepare, for inclusion in the biennial
report made under section 287a-1 of this title, (1) comments respecting
the activities of the advisory council in the fiscal years respecting
which the report is prepared, (2) comments on the progress of the
Division of Research Resources in meeting its objectives, and (3)
recommendations respecting the future directions and program and policy
emphasis of the Division. The advisory council may prepare such
additional reports as it may determine appropriate.
(h) Advisory council in existence on November 20, 1985
This section does not terminate the membership of the advisory
council for the Division of Research Resources which was in existence on
November 20, 1985. After November 20, 1985 --
(1) the Secretary shall make appointments to such advisory council in
such a manner as to bring about as soon as practicable the composition
for such council prescribed by this section;
(2) the advisory council shall organize itself in accordance with
this section and exercise the functions prescribed by this section; and
(3) the Director of the Division of Research Resources shall perform
for such advisory council the functions prescribed by this section.
(July 1, 1944, ch. 373, title IV, 480, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 864, and amended Aug. 18, 1990, Pub. L.
101-381, title I, 102(3), 104 Stat. 586.)
1990 -- Subsec. (a)(2). Pub. L. 101-381 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 287a-1. Biennial report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Division of Research Resources, after
consultation with the advisory council for the Division, shall prepare
for inclusion in the biennial report made under section 283 of this
title a biennial report which shall consist of a description of the
activities of the Division and program policies of the Director of the
Division in the fiscal years respecting which the report is prepared.
The Director of the Division may prepare such additional reports as the
Director determines appropriate. The Director of the Division shall
provide the advisory council of the Division an opportunity for the
submission of the written comments referred to in section 287a(g) of
this title.
(July 1, 1944, ch. 373, title IV, 481, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 866.)
42 USC subpart 2 -- john e. fogarty international center for advanced
study in health sciences
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 287b. General purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the John E. Fogarty International Center for
Advanced Study in the Health Sciences is to --
(1) facilitate the assembly of scientists and others in the
biomedical, behavioral, and related fields for discussion, study, and
research relating to the development of health science internationally;
(2) provide research programs, conferences, and seminars to further
international cooperation and collaboration in the life sciences;
(3) provide postdoctorate fellowships for research training in the
United States and abroad and promote exchanges of senior scientists
between the United States and other countries;
(4) coordinate the activities of the National Institutes of Health
concerned with the health sciences internationally; and
(5) receive foreign visitors to the National Institutes of Health.
(July 1, 1944, ch. 373, title IV, 482, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 866.)
42 USC subpart 3 -- national center for nursing research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 287c. Purpose of Center
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The general purpose of the National Center for Nursing Research
(hereafter in this subpart referred to as the ''Center'') is the conduct
and support of, and dissemination of information respecting, basic and
clinical nursing research, training, and other programs in patient care
research.
(July 1, 1944, ch. 373, title IV, 483, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 867.)
42 USC 287c-1. Specific authorities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
To carry out section 287c of this title, the Director of the Center
may provide research training and instruction and establish, in the
Center and other nonprofit institutions, research traineeships and
fellowships in the study and investigation of the prevention of disease,
health promotion, and the nursing care of individuals with and the
families of individuals with acute and chronic illnesses. The Director
of the Center may provide individuals receiving such training and
instruction or such traineeships or fellowships with such stipends and
allowances (including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary. The Director may make
grants to nonprofit institutions to provide such training and
instruction and traineeships and fellowships.
(July 1, 1944, ch. 373, title IV, 484, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 867.)
42 USC 287c-2. Advisory council
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Appointment; functions and duties; acceptance of conditional
gifts; subcommittees
(1) The Secretary shall appoint an advisory council for the Center
which shall advise, assist, consult with, and make recommendations to
the Secretary and the Director of the Center on matters related to the
activities carried out by and through the Center and the policies
respecting such activities.
(2) The advisory council for the Center may recommend to the
Secretary acceptance, in accordance with section 300aaa of this title,
of conditional gifts for study, investigations, and research and for the
acquisition of grounds or construction, equipping, or maintenance of
facilities for the Center.
(3) The advisory council for the Center --
(A)(i) may make recommendations to the Director of the Center
respecting research conducted at the Center,
(ii) may review applications for grants and cooperative agreements
for research or training and recommend for approval applications for
projects which show promise of making valuable contributions to human
knowledge, and
(iii) may review any grant, contract, or cooperative agreement
proposed to be made or entered into by the Center;
(B) may collect, by correspondence or by personal investigation,
information as to studies which are being carried on in the United
States or any other country as to the diseases, disorders, or other
aspects of human health with respect to which the Center is concerned
and with the approval of the Director of the Center make available such
information through appropriate publications for the benefit of public
and private health entities and health professions personnel and
scientists and for the information of the general public; and
(C) may appoint subcommittees and convene workshops and conferences.
(b) Membership; ex officio members; compensation
(1) The advisory council shall consist of ex officio members and not
more than eighteen members appointed by the Secretary.
(2) The ex officio members of the advisory council shall consist of
--
(A) the Secretary, the Director of NIH, the Director of the Center,
the chief nursing officer of the Department of Veterans Affairs, the
Assistant Secretary of Defense for Health Affairs, the Director of the
Division of Nursing of the Health Resources and Services Administration
(or the designees of such officers), and
(B) such additional officers or employees of the United States as the
Secretary determines necessary for the advisory council to effectively
carry out its functions.
(3) The members of the advisory council who are not ex officio
members shall be appointed as follows:
(A) Two-thirds of the members shall be appointed by the Secretary
from among the leading representatives of the health and scientific
disciplines (including public health and the behavioral or social
sciences) relevant to the activities of the Center. Of the members
appointed pursuant to this subparagraph, at least seven shall be
professional nurses who are recognized experts in the area of clinical
practice, education, or research.
(B) One-third of the members shall be appointed by the Secretary from
the general public and shall include leaders in fields of public policy,
law, health policy, economics, and management.
(4) Members of the advisory council who are officers or employees of
the United States shall not receive any compensation for service on the
advisory council. The other members of the advisory council shall
receive, for each day (including traveltime) they are engaged in the
performance of the functions of the advisory council, compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule.
(c) Term of office; vacancy; reappointment
The term of office of an appointed member of the advisory council is
four years, except that any member appointed to fill a vacancy for an
unexpired term shall be appointed for the remainder of such term and the
Secretary shall make appointments to an advisory council in such a
manner as to ensure that the terms of the members do not all expire in
the same year. A member may serve after the expiration of the member's
term until a successor has taken office. A member who has been
appointed for a term of four years may not be reappointed to an advisory
council before two years from the date of expiration of such term of
office. If a vacancy occurs in the advisory council among the appointed
members, the Secretary shall make an appointment to fill the vacancy
within 90 days from the date the vacancy occurs.
(d) Chairman; selection; term of office
The chairman of the advisory council shall be selected by the
Secretary from among the appointed members, except that the Secretary
may select the Director of the Center to be the chairman of the advisory
council. The term of office of the chairman shall be two years.
(e) Meetings
The advisory council shall meet at the call of the chairman or upon
the request of the Director of the Center, but at least three times each
fiscal year. The location of the meetings of the advisory council is
subject to the approval of the Director of the Center.
(f) Executive secretary; staff; orientation and training for new
members
The Director of the Center shall designate a member of the staff of
the Center to serve as the executive secretary of the advisory council.
The Director of the Center shall make available to the advisory council
such staff, information, and other assistance as it may require to carry
out its functions. The Director of the Center shall provide orientation
and training for new members of the advisory council to provide them
with such information and training as may be appropriate for their
effective participation in the functions of the advisory council.
(g) Material for inclusion in biennial report; additional reports
The advisory council may prepare, for inclusion in the biennial
report made under section 287c-3 of this title, (1) comments respecting
the activities of the advisory council in the fiscal years respecting
which the report is prepared, (2) comments on the progress of the Center
in meeting its objectives, and (3) recommendations respecting the future
directions and program and policy emphasis of the Center. The advisory
council may prepare such additional reports as it may determine
appropriate.
(July 1, 1944, ch. 373, title IV, 485, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 867, and amended Aug. 18, 1990, Pub. L.
101-381, title I, 102(4), 104 Stat. 586; June 13, 1991, Pub. L.
102-54, 13(q)(1)(E), 105 Stat. 279.)
1991 -- Subsec. (b)(2)(A). Pub. L. 102-54 substituted ''chief
nursing officer of the Department of Veterans Affairs'' for ''Chief
Nursing Officer of the Veterans' Administration''.
1990 -- Subsec. (a)(2). Pub. L. 101-381 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
42 USC 287c-3. Biennial report
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Director of the Center after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report made under section 283 of this title a biennial report which
shall consist of a description of the activities of the Center and
program policies of the Director of the Center in the fiscal years
respecting which the report is prepared. The Director of the Center may
prepare such additional reports as the Director determines appropriate.
The Director of the Center shall provide the advisory council of the
Center an opportunity for the submission of the written comments
referred to in section 287c-2(g) of this title.
(July 1, 1944, ch. 373, title IV, 486, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 869.)
42 USC Part F -- Awards and Training
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 288. National Research Service Awards
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Biomedical and behavioral research and research training;
programs and institutions included; restriction; special consideration
(1) The Secretary shall --
(A) provide National Research Service Awards for --
(i) biomedical and behavioral research at the National Institutes of
Health and the Alcohol, Drug Abuse, and Mental Health Administration in
matters relating to the cause, diagnosis, prevention, and treatment of
the diseases or other health problems to which the activities of the
National Institutes of Health and Administration are directed;
(ii) training at the National Institutes of Health and at the
Administration of individuals to undertake such research;
(iii) biomedical and behavioral research and health services research
(including research in primary medical care) at public and nonprofit
private entities; and
(iv) pre-doctoral and post-doctoral training at public and private
institutions of individuals to undertake biomedical and behavioral
research; and
(B) make grants to public and nonprofit private institutions to
enable such institutions to make National Research Service Awards for
research (and training to undertake biomedical and behavioral research)
in the matters described in subparagraph (A)(i) to individuals selected
by such institutions.
A reference in this subsection to the National Institutes of Health
or the Alcohol, Drug Abuse, and Mental Health Administration shall be
considered to include the institutes, agencies, divisions, and bureaus
included in the National Institutes of Health or under the
Administration, as the case may be.
(2) National Research Service Awards may not be used to support
residency training of physicians and other health professionals.
(3) In awarding National Research Service Awards under this section,
the Secretary shall take account of the Nation's overall need for
biomedical research personnel by giving special consideration to
physicians who agree to undertake a minimum of two years of biomedical
research.
(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
(1) No National Research Service Award may be made by the Secretary
to any individual unless --
(A) the individual has submitted to the Secretary an application
therefor and the Secretary has approved the application;
(B) the individual provides, in such form and manner as the Secretary
shall by regulation prescribe, assurances satisfactory to the Secretary
that the individual will meet the service requirement of subsection (c)
of this section; and
(C) in the case of a National Research Service Award for a purpose
described in subsection (a)(1)(A)(iii) of this section, the individual
has been sponsored (in such manner as the Secretary may by regulation
require) by the institution at which the research or training under the
award will be conducted.
An application for an award shall be in such form, submitted in such
manner, and contain such information, as the Secretary may by regulation
prescribe.
(2) The making of grants under subsection (a)(1)(B) of this section
for National Research Service Awards shall be subject to review and
approval by the appropriate advisory councils within the Department of
Health and Human Services (A) whose activities relate to the research or
training under the awards, or (B) for the entity at which such research
or training will be conducted.
(3) No grant may be made under subsection (a)(1)(B) of this section
unless an application therefor has been submitted to and approved by the
Secretary. Such application shall be in such form, submitted in such
manner, and contain such information, as the Secretary may by regulation
prescribe. Subject to the provisions of this section (other than
paragraph (1)), National Research Service Awards made under a grant
under subsection (a)(1)(B) of this section shall be made in accordance
with such regulations as the Secretary shall prescribe.
(4) The period of any National Research Service Award made to any
individual under subsection (a) of this section may not exceed --
(A) five years in the aggregate for pre-doctoral training; and
(B) three years in the aggregate for post-doctoral training;
unless the Secretary for good cause shown waives the application of
such limit to such individual.
(5) National Research Service Awards shall provide for such stipends,
tuition, fees, and allowances (including travel and subsistence expenses
and dependency allowances), adjusted periodically to reflect increases
in the cost of living, for the recipients of the awards as the Secretary
may deem necessary. A National Research Service Award made to an
individual for research or research training at a non-Federal public or
nonprofit private institution shall also provide for payments to be made
to the institution for the cost of support services (including the cost
of faculty salaries, supplies, equipment, general research support, and
related items) provided such individual by such institution. The amount
of any such payments to any institution shall be determined by the
Secretary and shall bear a direct relationship to the reasonable costs
of the institution for establishing and maintaining the quality of its
biomedical and behavioral research and training programs.
(c) Health research or teaching; service period; recovery upon
noncompliance with service requirement, formula; cancellation or waiver
of obligation
(1) Each individual who is awarded a National Research Service Award
(other than an individual who is a pre-baccalaureate student who is
awarded a National Research Service Award for research training) shall,
in accordance with paragraph (3), engage in health research or teaching
or any combination thereof which is in accordance with the usual
patterns of academic employment, for a period computed in accordance
with paragraph (2).
(2) For each month for which an individual receives a National
Research Service Award which is made for a period in excess of twelve
months, such individual shall engage in one month of health research or
teaching or any combination thereof which is in accordance with the
usual patterns of academic employment.
(3) The requirement of paragraph (1) shall be complied with by any
individual to whom it applies within such reasonable period of time,
after the completion of such individual's award, as the Secretary shall
by regulation prescribe. The Secretary shall by regulation prescribe
the type of research and teaching in which an individual may engage to
comply with such requirement and such other requirements respecting
research and teaching as the Secretary considers appropriate.
(4)(A) If any individual to whom the requirement of paragraph (1) is
applicable fails, within the period prescribed by paragraph (3), to
comply with such requirements, the United States shall be entitled to
recover from such individual an amount determined in accordance with the
formula --
t^s A=f / ---- S t
in which ''A'' is the amount the United States is entitled to
recover; ''f'' is the sum of the total amount paid under one or more
National Research Service Awards to such individual; ''t'' is the total
number of months in such individual's service obligation; and ''s'' is
the number of months of such obligation served by such individual in
accordance with paragraphs (1) and (2) of this subsection.
(B) Any amount which the United States is entitled to recover under
subparagraph (A) shall, within the three-year period beginning on the
date the United States becomes entitled to recover such amount, be paid
to the United States. Until any amount due the United States under
subparagraph (A) on account of any National Research Service Award is
paid, there shall accrue to the United States interest on such amount at
a rate fixed by the Secretary of the Treasury after taking into
consideration private consumer rates of interest prevailing on the date
the United States becomes entitled to such amount.
(5)(A) Any obligation of an individual under paragraph (1) shall be
canceled upon the death of such individual.
(B) The Secretary shall by regulation provide for the waiver or
suspension of any such obligation applicable to any individual whenever
compliance by such individual is impossible or would involve substantial
hardship to such individual or would be against equity and good
conscience.
(d) Authorization of appropriations; apportionment
For the purpose of making payments under National Research Service
Awards and under grants for such Awards, there are authorized to be
appropriated $300,000,000 for fiscal year 1989 and such sums as may be
necessary for fiscal year 1990. Of the amounts appropriated under this
subsection --
(1) not less than 15 percent shall be made available for payments
under National Research Service Awards provided by the Secretary under
subsection (a)(1)(A) of this section;
(2) not less than 50 percent shall be made available for grants under
subsection (a)(1)(B) of this section for National Research Service
Awards;
(3) one-half of one percent shall be made available to the Secretary,
acting through the Administrator of the Health Resources and Services
Administration, for payments under National Research Service Awards
which (A) are made to individuals affiliated with entities which have
received grants or contracts under section 295g, 295g-4, or 295g-6 of
this title, and (B) are for research in primary medical care; and
one-half of one percent shall be made available for payments under
National Research Service Awards made for health services research by
the Agency for Health Care Policy and Research under section 242b(a)(3)
/1/ of this title; and
(4) not more than 4 percent may be obligated for National Research
Service Awards for periods of three months or less.
(July 1, 1944, ch. 373, title IV, 487, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 869, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 151, title VI, 635, 102 Stat. 3058, 3148; Aug. 16, 1989,
Pub. L. 101-93, 5(d), 103 Stat. 612; Dec. 19, 1989, Pub. L. 101-239,
title VI, 6103(e)(7), 103 Stat. 2208.)
Section 242b(a)(3) of this title, referred to in subsec. (d)(3), was
redesignated section 242b(a) of this title by Pub. L. 101-239, title
VI, 6103(e)(1)(A), Dec. 19, 1989, 103 Stat. 2205.
1989 -- Subsec. (d)(3). Pub. L. 101-93 directed that par. (3), as
similarly amended by sections 151(2) and 635 of Pub. L. 100-607, be
amended to read as if the amendment made by such section 635 had not
been enacted. See 1988 Amendment note below.
Subsec. (d)(3)(B). Pub. L. 101-239 substituted ''Agency for Health
Care Policy and Research'' for ''National Center for Health Services
Research and Health Care Technology Assessment''.
1988 -- Subsec. (d). Pub. L. 100-607, 151(1), amended first
sentence generally. Prior to amendment, first sentence read as follows:
''There are authorized to be appropriated to make payments under
National Research Service Awards and under grants for such awards
$244,000,000 for fiscal year 1986, $260,000,000 for fiscal year 1987,
and $275,000,000 for fiscal year 1988.''
Subsec. (d)(3). Pub. L. 100-607, 151(2), 635, made identical
amendments, inserting ''to the Secretary, acting through the
Administrator of the Health Resources and Services Administration,''
after first reference to ''available''.
/1/ See References in Text note below.
42 USC 288-1. Loan repayment program for research with respect to
acquired immune deficiency syndrome
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Implementation of program
(1) In general
Not later than one year after November 4, 1988, the Secretary shall,
subject to paragraph (2), establish and implement a program of entering
into agreements with appropriately qualified health professionals under
which such health professionals agree to conduct, as employees of the
National Institutes of Health, research with respect to acquired immune
deficiency syndrome in consideration of the Federal Government agreeing
to repay, for each year of such service, not more than $20,000 of the
principal and interest of the educational loans of such health
professionals.
(2) Limitation
The Secretary may not enter in /1/ an agreement with a health
professional pursuant to paragraph (1) unless such professional --
(A) has a substantial amount of educational loans relative to income;
and
(B) was not employed at the National Institutes of Health during the
1-year period preceding November 4, 1988.
(b) Application
With respect to the National Health Service Corps Loan Repayment
Program established in subpart III of part D of subchapter II of this
chapter, the provisions of such subpart shall, except as inconsistent
with subsection (a) of this section, apply to the program established in
such subsection (a) of this section in the same manner and to the same
extent as such provisions apply to the National Health Service Corps
Loan Repayment Program established in such subpart.
(c) Authorization of appropriations
(1) In general
For the purpose of carrying out subsection (a) of this section, there
are authorized to be appropriated such sums as may be necessary for each
of the fiscal years 1989 through 1991.
(2) Availability
Amounts appropriated pursuant to paragraph (1) for a fiscal year
shall remain available until the expiration of the second fiscal year
beginning after the fiscal year for which the amounts were appropriated.
(July 1, 1944, ch. 373, title IV, 487A, as added Nov. 4, 1988, Pub.
L. 100-607, title VI, 634(a), 102 Stat. 3148.)
/1/ So in original. Probably should be ''into''.
42 USC 288a. Visiting Scientist Awards
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary may make awards (hereafter in this section referred
to as ''Visiting Scientist Awards'') to outstanding scientists who agree
to serve as visiting scientists at institutions of postsecondary
education which have significant enrollments of disadvantaged students.
Visiting Scientist Awards shall be made by the Secretary to enable the
faculty and students of such institutions to draw upon the special
talents of scientists from other institutions for the purpose of
receiving guidance, advice, and instruction with regard to research,
teaching, and curriculum development in the biomedical and behavioral
sciences and such other aspects of these sciences as the Secretary shall
deem appropriate.
(b) The amount of each Visiting Scientist Award shall include such
sum as shall be commensurate with the salary or remuneration which the
individual receiving the award would have been entitled to receive from
the institution with which the individual has, or had, a permanent or
immediately prior affiliation. Eligibility for and terms of Visiting
Scientist Awards shall be determined in accordance with regulations the
Secretary shall prescribe.
(July 1, 1944, ch. 373, title IV, 488, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 872.)
42 USC 288b. Studies respecting biomedical and behavioral research
personnel
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Scope of undertaking
The Secretary shall, in accordance with subsection (b) of this
section, arrange for the conduct of a continuing study to --
(1) establish (A) the Nation's overall need for biomedical and
behavioral research personnel, (B) the subject areas in which such
personnel are needed and the number of such personnel needed in each
such area, and (C) the kinds and extent of training which should be
provided such personnel;
(2) assess (A) current training programs available for the training
of biomedical and behavioral research personnel which are conducted
under this chapter, at or through national research institutes under the
National Institutes of Health and institutes under the Alcohol, Drug
Abuse, and Mental Health Administration, and (B) other current training
programs available for the training of such personnel;
(3) identify the kinds of research positions available to and held by
individuals completing such programs;
(4) determine, to the extent feasible, whether the programs referred
to in clause (B) of paragraph (2) would be adequate to meet the needs
established under paragraph (1) if the programs referred to in clause
(A) of paragraph (2) were terminated; and
(5) determine what modifications in the programs referred to in
paragraph (2) are required to meet the needs established under paragraph
(1).
(b) Arrangement with National Academy of Sciences or other nonprofit
private groups or associations
(1) The Secretary shall request the National Academy of Sciences to
conduct the study required by subsection (a) of this section under an
arrangement under which the actual expenses incurred by such Academy in
conducting such study will be paid by the Secretary. If the National
Academy of Sciences is willing to do so, the Secretary shall enter into
such an arrangement with such Academy for the conduct of such study.
(2) If the National Academy of Sciences is unwilling to conduct such
study under such an arrangement, then the Secretary shall enter into a
similar arrangement with other appropriate nonprofit private groups or
associations under which such groups or associations will conduct such
study and prepare and submit the reports thereon as provided in
subsection (c) of this section.
(3) The National Academy of Sciences or other group or association
conducting the study required by subsection (a) of this section shall
conduct such study in consultation with the Director of NIH.
(c) Report to Congressional committees
A report on the results of the study required under subsection (a) of
this section shall be submitted by the Secretary to the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate at least once every four years.
(July 1, 1944, ch. 373, title IV, 489, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 872.)
42 USC Part G -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 289. Institutional review boards; ethics guidance program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary shall by regulation require that each entity which
applies for a grant, contract, or cooperative agreement under this
chapter for any project or program which involves the conduct of
biomedical or behavioral research involving human subjects submit in or
with its application for such grant, contract, or cooperative agreement
assurances satisfactory to the Secretary that it has established (in
accordance with regulations which the Secretary shall prescribe) a board
(to be known as an ''Institutional Review Board'') to review biomedical
and behavioral research involving human subjects conducted at or
supported by such entity in order to protect the rights of the human
subjects of such research.
(b)(1) The Secretary shall establish a program within the Department
of Health and Human Services under which requests for clarification and
guidance with respect to ethical issues raised in connection with
biomedical or behavioral research involving human subjects are responded
to promptly and appropriately.
(2) The Secretary shall establish a process for the prompt and
appropriate response to information provided to the Director of NIH
respecting incidences of violations of the rights of human subjects of
research for which funds have been made available under this chapter.
The process shall include procedures for the receiving of reports of
such information from recipients of funds under this chapter and taking
appropriate action with respect to such violations.
(July 1, 1944, ch. 373, title IV, 491, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 873.)
42 USC 289a. Peer review requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) The Secretary, acting through the Director of NIH, shall by
regulation require appropriate technical and scientific peer review of
--
(A) applications made for grants and cooperative agreements under
this chapter for biomedical and behavioral research; and
(B) applications made for biomedical and behavioral research and
development contracts to be administered through the National Institutes
of Health.
(2) Regulations promulgated under paragraph (1) shall require that
the review of applications made for grants, contracts, and cooperative
agreements required by the regulations be conducted --
(A) to the extent practical, in a manner consistent with the system
for technical and scientific peer review applicable on November 20,
1985, to grants under this chapter for biomedical and behavioral
research, and
(B) to the extent practical, by technical and scientific peer review
groups performing such review on or before November 20, 1985,
and shall authorize such review to be conducted by groups appointed
under sections 282(b)(6) and 284(c)(3) of this title.
(b) The Director of NIH shall establish procedures for periodic
technical and scientific peer review of research at the National
Institutes of Health. Such procedures shall require that --
(1) the reviewing entity be provided a written description of the
research to be reviewed, and
(2) the reviewing entity provide the advisory council of the national
research institute involved with such description and the results of the
review by the entity,
and shall authorize such review to be conducted by groups appointed
under sections 282(b)(6) and 284(c)(3) of this title.
(July 1, 1944, ch. 373, title IV, 492, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 874.)
42 USC 289b. Protection against scientific fraud
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary shall by regulation require that each entity which
applies for a grant, contract, or cooperative agreement under this
chapter for any project or program which involves the conduct of
biomedical or behavioral research submit in or with its application for
such grant, contract, or cooperative agreement assurances satisfactory
to the Secretary that such entity --
(1) has established (in accordance with regulations which the
Secretary shall prescribe) an administrative process to review reports
of scientific fraud in connection with biomedical and behavioral
research conducted at or sponsored by such entity; and
(2) will report to the Secretary any investigation of alleged
scientific fraud which appears substantial.
(b) The Director of NIH shall establish a process for the prompt and
appropriate response to information provided the Director of NIH
respecting scientific fraud in connection with projects for which funds
have been made available under this chapter. The process shall include
procedures for the receiving of reports of such information from
recipients of funds under this chapter and taking appropriate action
with respect to such fraud.
(July 1, 1944, ch. 373, title IV, 493, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 874.)
42 USC 289c. Research on public health emergencies; report to
Congressional committees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) If the Secretary determines, after consultation with the Director
of NIH, the Commissioner of the Food and Drug Administration, or the
Director of the Centers for Disease Control, that a disease or disorder
constitutes a public health emergency, the Secretary, acting through the
Director of NIH --
(1) shall expedite the review by advisory councils under section 284a
of this title and by peer review groups under section 289a of this title
of applications for grants for research on such disease or disorder or
proposals for contracts for such research;
(2) shall exercise the authority in section 5 of title 41 respecting
public exigencies to waive the advertising requirements of such section
in the case of proposals for contracts for such research;
(3) may provide administrative supplemental increases in existing
grants and contracts to support new research relevant to such disease or
disorder; and
(4) shall disseminate, to health professionals and the public,
information on the cause, prevention, and treatment of such disease or
disorder that has been developed in research assisted under this
section.
The amount of an increase in a grant or contract provided under
paragraph (3) may not exceed one-half the original amount of the grant
or contract.
(b) Not later than 90 days after the end of a fiscal year, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Labor and Human Resources
of the Senate on actions taken under subsection (a) of this section in
such fiscal year.
(July 1, 1944, ch. 373, title IV, 494, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 875.)
42 USC 289d. Animals in research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment of guidelines
The Secretary, acting through the Director of NIH, shall establish
guidelines for the following:
(1) The proper care of animals to be used in biomedical and
behavioral research.
(2) The proper treatment of animals while being used in such
research. Guidelines under this paragraph shall require --
(A) the appropriate use of tranquilizers, analgesics, anesthetics,
paralytics, and euthanasia for animals in such research; and
(B) appropriate pre-surgical and post-surgical veterinary medical and
nursing care for animals in such research.
Such guidelines shall not be construed to prescribe methods of
research.
(3) The organization and operation of animal care committees in
accordance with subsection (b) of this section.
(b) Animal care committees; establishment; membership; functions
(1) Guidelines of the Secretary under subsection (a)(3) of this
section shall require animal care committees at each entity which
conducts biomedical and behavioral research with funds provided under
this chapter (including the National Institutes of Health and the
national research institutes) to assure compliance with the guidelines
established under subsection (a) of this section.
(2) Each animal care committee shall be appointed by the chief
executive officer of the entity for which the committee is established,
shall be composed of not fewer than three members, and shall include at
least one individual who has no association with such entity and at
least one doctor of veterinary medicine.
(3) Each animal care committee of a research entity shall --
(A) review the care and treatment of animals in all animal study
areas and facilities of the research entity at least semi-annually to
evaluate compliance with applicable guidelines established under
subsection (a) of this section for appropriate animal care and
treatment;
(B) keep appropriate records of reviews conducted under subparagraph
(A); and
(C) for each review conducted under subparagraph (A), file with the
Director of NIH at least annually (i) a certification that the review
has been conducted, and (ii) reports of any violations of guidelines
established under subsection (a) of this section or assurances required
under paragraph (1) which were observed in such review and which have
continued after notice by the committee to the research entity involved
of the violations.
Reports filed under subparagraph (C) shall include any minority views
filed by members of the committee.
(c) Assurances required in application or contract proposal; reasons
for use of animals; notice and comment requirements for promulgation of
regulations
The Director of NIH shall require each applicant for a grant,
contract, or cooperative agreement involving research on animals which
is administered by the National Institutes of Health or any national
research institute to include in its application or contract proposal,
submitted after the expiration of the twelve-month period beginning on
November 20, 1985 --
(1) assurances satisfactory to the Director of NIH that --
(A) the applicant meets the requirements of the guidelines
established under paragraphs (1) and (2) of subsection (a) of this
section and has an animal care committee which meets the requirements of
subsection (b) of this section; and
(B) scientists, animal technicians, and other personnel involved with
animal care, treatment, and use by the applicant have available to them
instruction or training in the humane practice of animal maintenance and
experimentation, and the concept, availability, and use of research or
testing methods that limit the use of animals or limit animal distress;
and
(2) a statement of the reasons for the use of animals in the research
to be conducted with funds provided under such grant or contract.
Notwithstanding subsection (a)(2) of section 553 of title 5,
regulations under this subsection shall be promulgated in accordance
with the notice and comment requirements of such section.
(d) Failure to meet guidelines; suspension or revocation of grant or
contract
If the Director of NIH determines that --
(1) the conditions of animal care, treatment, or use in an entity
which is receiving a grant, contract, or cooperative agreement involving
research on animals under this subchapter do not meet applicable
guidelines established under subsection (a) of this section;
(2) the entity has been notified by the Director of NIH of such
determination and has been given a reasonable opportunity to take
corrective action; and
(3) no action has been taken by the entity to correct such
conditions;
the Director of NIH shall suspend or revoke such grant or contract
under such conditions as the Director determines appropriate.
(e) Disclosure of trade secrets or privileged or confidential
information
No guideline or regulation promulgated under subsection (a) or (c) of
this section may require a research entity to disclose publicly trade
secrets or commercial or financial information which is privileged or
confidential.
(July 1, 1944, ch. 373, title IV, 495, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 875.)
Section 4 of Pub. L. 99-158 provided that:
''(a) Establishment of Plan. -- The Director of the National
Institutes of Health shall establish a plan for --
''(1) research to be conducted by or through the National Institutes
of Health and the national research institutes into methods of
biomedical research and experimentation --
''(A) which do not require the use of animals;
''(B) which reduce the number of animals used in such research; or
''(C) which produce less pain and distress in such animals than
methods currently in use;
''(2) establishing the validity and reliability of the methods
described in subparagraph (A);
''(3) the development of such methods which have been found to be
valid and reliable; and
''(4) the training of scientists in the use of such methods.
The plan required by this paragraph shall be prepared not later than
October 1, 1986.
''(b) Dissemination of Information. -- The Director of the National
Institutes of Health shall take such actions as may be appropriate to
convey to scientists and others involved with research or
experimentation involving animals information respecting the methods
found to be valid and reliable under subsection (a)(2).
''(c) Interagency Coordinating Committee. -- The Director of the
National Institutes of Health shall establish within the National
Institutes of Health an Interagency Coordinating Committee to assist the
Director of the National Institutes of Health in the development of the
plan required by subsection (a). The Director of each national research
institute shall serve on the Committee.''
42 USC 289e. Use of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Such appropriations, unless otherwise expressly provided, may be
expended in the District of Columbia for --
(1) personal services;
(2) stenographic recording and translating services;
(3) travel expenses (including the expenses of attendance at meetings
when specifically authorized by the Secretary);
(4) rental;
(5) supplies and equipment;
(6) purchase and exchange of medical books, books of reference,
directories, periodicals, newspapers, and press clippings;
(7) purchase, operation, and maintenance of passenger motor vehicles;
(8) printing and binding (in addition to that otherwise provided by
law); and
(9) all other necessary expenses in carrying out this subchapter.
Such appropriations may be expended by contract if deemed necessary,
without regard to section 5 of title 41.
(b)(1) None of the amounts appropriated under this chapter for the
purposes of this subchapter may be obligated for the construction of
facilities (including the acquisition of land) unless a provision of
this subchapter establishes express authority for such purpose and
unless the Act making appropriations under such provision specifies that
the amounts appropriated are available for such purpose.
(2) Any grants, cooperative agreements, or contracts authorized in
this subchapter for the construction of facilities may be awarded only
on a competitive basis.
(July 1, 1944, ch. 373, title IV, 496, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 877, and amended Nov. 29, 1989, Pub. L.
101-190, 8, 103 Stat. 1695.)
Such appropriations, referred to in subsec. (a), mean appropriations
referred to in former first sentence of subsec. (a) which was struck
out by Pub. L. 101-190, see 1989 Amendments note below.
1989 -- Subsec. (a). Pub. L. 101-190 designated existing provisions
as subsec. (a), struck out first sentence which read as follows:
''Appropriations to carry out the purposes of this subchapter shall be
available for the acquisition of land or the erection of buildings only
if so specified.'', and added subsec. (b).
Sections 1 to 7 of Pub. L. 101-190, as amended by Pub. L. 101-374,
4(a), (c)(1), Aug. 15, 1990, 104 Stat. 458, 459, authorized a
reservation of funds for making a grant to construct facilities for
development and breeding of specialized strains of mice for use in
biomedical research, provided for a competitive grant award process,
required applicant for the grant to agree to a twenty-year transferable
obligation, restricted grant applicant to public or nonprofit private
status, with assurances of sufficient financial resources, set forth
other grant requirements, and specified consequences of failure to
comply with agreements and violation of the twenty-year obligation.
42 USC 289f. Gifts and donations; memorials
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may, in accordance with section 300aaa of this title,
accept conditional gifts for the National Institutes of Health or a
national research institute or for the acquisition of grounds or for the
erection, equipment, or maintenance of facilities for the National
Institutes of Health or a national research institute. Donations of
$50,000 or over for the National Institutes of Health or a national
research institute for carrying out the purposes of this subchapter may
be acknowledged by the establishment within the National Institutes of
Health or a national research institute of suitable memorials to the
donors.
(July 1, 1944, ch. 373, title IV, 497, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 877, and amended Nov. 14, 1986, Pub. L. 99-660,
title III, 311(b)(1), 100 Stat. 3779; Nov. 4, 1988, Pub. L. 100-607,
title II, 204(3), 102 Stat. 3079; Nov. 18, 1988, Pub. L. 100-690,
title II, 2620(b)(2), 102 Stat. 4244; Aug. 18, 1990, Pub. L. 101-381,
title I, 102(5), 104 Stat. 586.)
1990 -- Pub. L. 101-381 made technical amendment to reference to
section 300aaa of this title to reflect renumbering of corresponding
section of original act.
1988 -- Pub. L. 100-690 made technical amendment to reference to
section 300aaa of this title to reflect renumbering of corresponding
section of original act.
Pub. L. 100-607 substituted ''300aaa'' for ''300cc''.
1986 -- Pub. L. 99-660 substituted ''section 300cc of this title''
for ''section 300aa of this title''.
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
Amendment by Pub. L. 99-660 effective Dec. 22, 1987, see section
323 of Pub. L. 99-660, as amended, set out as an Effective Date note
under section 300aa-1 of this title.
42 USC 289g. Fetal research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Conduct or support by Secretary; restrictions
The Secretary may not conduct or support any research or
experimentation, in the United States or in any other country, on a
nonviable living human fetus ex utero or a living human fetus ex utero
for whom viability has not been ascertained unless the research or
experimentation --
(1) may enhance the well-being or meet the health needs of the fetus
or enhance the probability of its survival to viability; or
(2) will pose no added risk of suffering, injury, or death to the
fetus and the purpose of the research or experimentation is the
development of important biomedical knowledge which cannot be obtained
by other means.
(b) Risk standard for fetuses intended to be aborted and fetuses
intended to be carried to term to be same
In administering the regulations for the protection of human research
subjects which --
(1) apply to research conducted or supported by the Secretary;
(2) involve living human fetuses in utero; and
(3) are published in section 46.208 of part 46 of title 45 of the
Code of Federal Regulations;
or any successor to such regulations, the Secretary shall require
that the risk standard (published in section 46.102(g) of such part 46
or any successor to such regulations) be the same for fetuses which are
intended to be aborted and fetuses which are intended to be carried to
term.
(c) Study of nature, advisability, and biomedical and ethical
implications of waiver of risk standard; report
(1) The Biomedical Ethics Advisory Committee appointed under section
275 of this title shall conduct a study of the nature, advisability, and
biomedical and ethical implications of exercising any waiver of the risk
standard published in section 46.102(g) of such part 46 (or any
successor to such regulations). The Committee shall complete the study
and report its findings to the Biomedical Ethics Board established under
section 275 of this title not later than the expiration of 24 months
after November 4, 1988. The report shall include the recommendations,
if any, of the Committee on the advisability of the authority for such a
waiver and the circumstances under which such a waiver might be granted.
The Biomedical Ethics Board shall transmit the report to the Secretary,
the Committee on Energy and Commerce of the House of Representatives,
and the Committee on Labor and Human Resources of the Senate.
(2) Repealed. /1/
(3) Effective October 31, 1990, paragraph (2) is repealed.
(July 1, 1944, ch. 373, title IV, 498, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 877, and amended Nov. 4, 1988, Pub. L. 100-607,
title I, 156, 157(b), 102 Stat. 3059.)
1988 -- Subsec. (c)(1). Pub. L. 100-607, 157(b), substituted ''24
months after November 4, 1988'' for ''thirty months after November 20,
1985''.
Subsec. (c)(2). Pub. L. 100-607, 156(1), substituted ''24-month
period beginning on November 4, 1988'' for ''thirty-six month period
beginning on November 20, 1985''.
Subsec. (c)(3). Pub. L. 100-607, 156(2), substituted ''1990'' for
''1988''.
Par. (2) of subsec. (c) of this section, which provided that during
the 24-month period beginning on Nov. 4, 1988, the Secretary may not
grant (under section 46.211 of part 45 of title 46 of the Code of
Federal Regulations or any successor to such section) a modification or
waiver for fetal research, was repealed by par. (3) of subsec. (c)
effective Oct. 31, 1990.
/1/ See Repeals note below.
42 USC 289h. Construction of subchapter
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
This subchapter shall not be construed as limiting (1) the functions
or authority of the Secretary under section 241 of this title or of any
officer or agency of the United States, relating to the study,
prevention, diagnosis, and treatment of any disease for which a separate
national research institute is established under this subchapter, or (2)
the expenditure of any funds therefor.
(July 1, 1944, ch. 373, title IV, 499, as added Nov. 20, 1985, Pub.
L. 99-158, 2, 99 Stat. 878.)
42 USC 290. National Institutes of Health Management Fund;
establishment; advancements; availability; final adjustments of
advances
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of facilitating the economical and efficient conduct
of operations in the National Institutes of Health which are financed by
two or more appropriations where the costs of operation are not readily
susceptible of distribution as charges to such appropriations, there is
established the National Institutes of Health Management Fund. Such
amounts as the Director of the National Institutes of Health may
determine to represent a reasonable distribution of estimated costs
among the various appropriations involved may be advanced each year to
this fund and shall be available for expenditure for such costs under
such regulations as may be prescribed by said Director, including the
operation of facilities for the sale of meals to employees and others at
rates to be determined by said Director to be sufficient to cover the
reasonable value of the meals served and the proceeds thereof shall be
deposited to the credit of this fund: Provided, That funds advanced to
this fund shall be available only in the fiscal year in which they are
advanced: Provided further, That final adjustments of advances in
accordance with actual costs shall be effected wherever practicable with
the appropriations from which such funds are advanced.
(Pub. L. 85-67, title II, 201, June 29, 1957, 71 Stat. 220; Pub.
L. 87-290, title II, 201, Sept. 22, 1961, 75 Stat. 603.)
Section was enacted as a part of the Department of Health, Education,
and Welfare Appropriation Act, 1958, and not as a part of the Public
Health Service Act which comprises this chapter.
1961 -- Pub. L. 87-290 substituted ''reasonable value of the meals
served'' for ''cost of such operation''.
42 USC 290a. Victims of fire
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Research on burns, burn injuries, and rehabilitation
The Secretary of Health and Human Services shall establish, within
the National Institutes of Health and in cooperation with the Secretary
of Commerce, an expanded program of research on burns, treatment of burn
injuries, and rehabilitation of victims of fires. The National
Institutes of Health shall --
(1) sponsor and encourage the establishment throughout the Nation of
twenty-five additional burn centers, which shall comprise separate
hospital facilities providing specialized burn treatment and including
research and teaching programs and twenty-five additional burn units,
which shall comprise specialized facilities in general hospitals used
only for burn victims;
(2) provide training and continuing support of specialists to staff
the new burn centers and burn units;
(3) sponsor and encourage the establishment of ninety burn programs
in general hospitals which comprise staffs of burn injury specialists;
(4) provide special training in emergency care for burn victims;
(5) augment sponsorship of research on burns and burn treatment;
(6) administer and support a systematic program of research
concerning smoke inhalation injuries; and
(7) sponsor and support other research and training programs in the
treatment and rehabilitation of burn injury victims.
(b) Authorization of appropriations
For purposes of this section, there are authorized to be appropriated
not to exceed $5,000,000 for the fiscal year ending June 30, 1975 and
not to exceed $8,000,000 for the fiscal year ending June 30, 1976.
(Pub. L. 93-498, 19, Oct. 29, 1974, 88 Stat. 1547; Pub. L. 96-88,
title V, 509(b), Oct. 17, 1979, 93 Stat. 695.)
In subsec. (a), ''Secretary of Commerce'' substituted for
''Secretary'' pursuant to section 4(6) of the Federal Fire Prevention
and Control Act of 1974, Pub. L. 93-498, which is classified to section
2203(6) of Title 15, Commerce and Trade.
Section was enacted as part of the Federal Fire Prevention and
Control Act of 1974 (which is classified principally to chapter 49 (
2201 et seq.) of Title 15), and not as a part of the Public Health
Service Act which comprises this chapter.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
42 USC Part H -- National Foundation for Biomedical Research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290b. Establishment and duties of Foundation
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary shall establish a nonprofit corporation to be known as
the National Foundation for Biomedical Research (hereafter in this
section referred to as the ''Foundation''). The Foundation shall not,
except for the purposes of the Ethics in Government Act and the
Technology Transfer Act, /1/ be an agency or instrumentality of the
United States Government.
(b) Duties
(1) Establishment of fund for endowing research positions at National
Institutes of Health
(A) The Foundation shall establish a fund whose primary purpose shall
be to provide endowments for positions at the National Institutes of
Health to conduct biomedical research. Such positions may be held by
scientists without regard to whether the scientists are employees of the
Federal Government.
(B) In addition to the purpose described in subparagraph (A), the
fund established under such subparagraph may be expended to recruit
scientists to hold the positions endowed by the fund.
(C) The purposes for which an endowment under subparagraph (A) may be
expended include support for the staffing, equipment, and quarters for
the biomedical research conducted by scientists holding endowed
positions under such subparagraph.
(2) Applicability of certain standards regarding non-Federal
researchers
In the case of scientists holding endowed positions under paragraph
(1)(A) who are not employees of the Federal Government, the Foundation
shall negotiate a memorandum of understanding with the Director of the
National Institutes of Health, subject to the approval of the Secretary,
that specifies that any such scientist shall observe the ethical and
procedural standards regulating research and research finding /2/
(including publications and patents) that are followed by scientists
conducting research as employees of such Institutes, including standards
under this chapter, the Ethics in Government Act, and the Technology
Transfer Act. /1/
(3) Additional duties
The Foundation shall provide for biennial audits of the financial
condition of the Foundation.
(c) Board of Directors
(1) Composition
(A) The Foundation shall have a Board of Directors (hereafter
referred to in this section as the ''Board''), which shall be composed
of ex officio and appointed members in accordance with this subsection.
All members of the Foundation shall be voting members.
(B) The ex officio members of the Council /3/ shall be --
(i) the Chairman and ranking minority member of the Subcommittee on
Health and the Environment (Committee on Energy and Commerce) or their
designees, in the case of the House of Representatives;
(ii) the Chairman and ranking minority member of the Committee on
Labor and Human Resources or their designees, in the case of the Senate;
and
(iii) the Director of the National Institutes of Health.
(C) The ex officio members of the Board under subparagraph (B) shall
appoint to the Council /3/ 11 individuals from among a list of
candidates to be provided by the National Academy of Science. Of such
appointed members --
(i) 4 shall be representative of the general biomedical field;
(ii) 2 shall be representatives of the general biobehavorial field;
and
(iii) 5 shall be representatives of the general public.
(2) Chair
The ex officio members of the Board under paragraph (1)(B) shall
designate an appointed member of the Board to serve as the Chair of the
Board.
(3) Terms and vacancies
(A) The term of office of each member of the Board appointed under
paragraph (2)(C) /4/ shall be 5 years, except that the terms of offices
for the initial appointed members of the Board shall expire as
determined by the ex officio members and the Chair.
(B) Any vacancy in the membership of the Board shall be filled in the
manner in which the original position was made and shall not affect the
power of the remaining members to execute the duties of the Board.
(C) If a member of the Board does not serve the full term applicable
under subparagraph (A), the individual appointed to fill the resulting
vacancy shall be appointed for the remainder of the term of the
predecessor of the individual.
(D) A member of the Board may continue to serve after the expiration
of the term of the member until a successor is appointed.
(4) Compensation
Members of the Board may not receive compensation for service on the
Board. Such members may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the duties of the
Board, as set forth in the bylaws issued by the Board.
(d) Incorporation
The initial members of the Board shall serve as incorporators and
shall take whatever actions necessary to incorporate the Foundation.
(e) Nonprofit status
The Foundation shall be considered to be a corporation under section
501(c) of title 26, and shall be subject to the provisions of such
section.
(f) Executive Director
(1) In general
The Foundation shall have an Executive Director who shall be
appointed by the Board and shall serve at the pleasure of the Board.
The Executive Director shall be responsible for the day-to-day
operations of the Foundation and shall have such specific duties and
responsibilities as the Board shall prescribe.
(2) Compensation
The rate of compensation of the Executive Director shall be fixed by
the Board.
(g) Powers
In carrying out subsection (b) of this section, the Foundation may --
(1) operate under the direction of its Board;
(2) adopt, alter, and use a corporate seal, which shall be judicially
noticed;
(3) provide for 1 or more officers, employees, and agents, as may be
necessary, define their duties, and require surety bonds or make other
provisions against losses occasioned by acts of such persons;
(4) hire, promote, compensate, and discharge officers and employees
of the Foundation;
(5) prescribe by its Board its bylaws, that shall be consistent with
law, and that shall provide for the manner in which --
(A) its officers, employees, and agents are selected;
(B) its property is acquired, held, and transferred;
(C) its general operations are to be conducted; and
(D) the privileges granted by law are exercised and enjoyed;
(6) with the consent of any executive department or independent
agency, use the information, services, staff, and facilities of such in
carrying out this section;
(7) sue and be sued in its corporate name, and complain and defend in
courts of competent jurisdiction;
(8) modify or consent to the modification of any contract or
agreement to which it is a party or in which it has an interest under
this subtitle; /5/
(9) establish a mechanism for the selection of candidates, subject to
the approval of the Director of the National Institutes of Health or the
Administrator of the Alcohol, Drug Abuse, and Mental Health
Administration, for the endowed scientific positions within the
organizational structure of the intramural research programs of the
National Institutes of Health and the Alcohol, Drug Abuse, and Mental
Health Administration and candidates for participation in the National
Institutes of Health Scholars program;
(10) enter into contracts with public and private organizations for
the writing, editing, printing, and publishing of books and other
material;
(11) take such action as may be necessary to obtain patents and
licenses for devices and procedures developed by the Foundation and its
employees;
(12) accept, hold, administer, invest, and spend any gift, devise, or
bequest of real or personal property made to the Foundation;
(13) enter into such other contracts, leases, cooperative agreements,
and other transactions as the Executive Director considers appropriate
to conduct the activities of the Foundation;
(14) appoint other groups of advisors as may be determined necessary
from time to time to carry out the functions of the Foundation; and
(15) exercise other powers as set forth in this section, and such
other incidental powers as are necessary to carry out its powers,
duties, and functions in accordance with this subtitle. /5/
(h) Administrative control
No participant in the program established under this part shall
exercise any administrative control over any Federal employee.
(i) Funding
(1) Authorization of appropriations
Subject to paragraph (2), for the purpose of carrying out this part,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1991 through 1995.
(2) Limitations
(A) Amounts appropriated under paragraph (1) or made available under
subparagraph (C) may not be provided to the fund established under
subsection (b)(1)(A) of this section.
(B) For the first fiscal year for which amounts are appropriated
under paragraph (1), $200,000 is authorized to be appropriated.
(C) With respect to the first fiscal year for which amounts are
appropriated under paragraph (1), the Secretary may, from amounts
appropriated for such fiscal year for the programs of the Department of
Health and Human Services, make available not more than $200,000 for
carrying out this part, subject to subparagraph (A).
(July 1, 1944, ch. 373, title IV, 499A, as added Nov. 16, 1990, Pub.
L. 101-613, 2, 104 Stat. 3224, and amended Nov. 26, 1991, Pub. L.
102-170, title II, 216, 105 Stat. 1128.)
The Ethics in Government Act, referred to in subsecs. (a) and
(b)(2), probably means the Ethics in Government Act of 1978, Pub. L.
95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 101 of Pub. L. 95-521 in the Appendix to Title 5,
Government Organization and Employees, and Tables.
The Technology Transfer Act, referred to in subsecs. (a) and (b)(2),
may mean the Federal Technology Transfer Act of 1986, Pub. L. 99-502,
Oct. 20, 1986, 100 Stat. 1785, as amended, or the National
Competitiveness Technology Transfer Act of 1989, part C ( 3131-3133) of
title XXXI of div. C of Pub. L. 101-189, Nov. 29, 1989, 103 Stat.
1674. For complete classification of these Acts to the Code, see Short
Title of 1986 Amendment note and Short Title of 1989 Amendment note both
set out under section 3701 of Title 15, Commerce and Trade, and Tables.
1991 -- Subsec. (c)(1)(C). Pub. L. 102-170, 216(1), substituted
''11'' for ''9''.
Subsec. (c)(1)(C)(iii). Pub. L. 102-170, 216(2), substituted ''5''
for ''3''.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''findings''.
/3/ So in original. Probably should be ''Board''.
/4/ So in original. Probably should be paragraph ''(1)(C)''.
/5/ So in original. Probably should be ''part''.
42 USC SUBCHAPTER III-A -- ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
PROGRAMS
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC Part A -- Administration and Institutes
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290aa. Alcohol, Drug Abuse, and Mental Health Administration
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Administration as agency of Public Health Service
The Alcohol, Drug Abuse, and Mental Health Administration is an
agency of the Service.
(b) Entities constituting agencies of Administration
The following entities are agencies of the Alcohol, Drug Abuse, and
Mental Health Administration:
(1) The National Institute on Alcohol Abuse and Alcoholism.
(2) The National Institute on Drug Abuse.
(3) The National Institute of Mental Health.
(4) The Office for Substance Abuse Prevention.
(c) Administrator
(1) The Alcohol, Drug Abuse, and Mental Health Administration shall
be headed by an Administrator (hereinafter in this subchapter referred
to as the ''Administrator'') who shall be appointed by the President by
and with the advice and consent of the Senate.
(2) The Administrator with the approval of the Secretary, may appoint
a Deputy Administrator and may employ and prescribe the functions of
such officers and employees, including attorneys, as are necessary to
administer the activities to be carried out through the Administration.
(d) Duties of Secretary acting through Administrator
The Secretary, acting through the Administrator --
(1) shall supervise the functions of the agencies of the
Administration in order to assure that the programs carried out through
each such agency recieve /1/ appropriate and equitable support and that
there is cooperation among the agencies in the implementation of such
programs;
(2) shall assure that research at or supported by the Administration
and each of its agencies is subject to review in accordance with section
290aa-5 of this title and is in compliance with section 290aa-8 of this
title; and
(3) shall assure that research on neuronal receptors and their role
in mental health and substance abuse is provided adequate support.
(e) Associate Administrator for Prevention; duties; report to
Congress
(1) There shall be in the Administration an Associate Administrator
for Prevention to whom the Administrator shall delegate the function of
promoting the prevention research programs of the National Institute of
Mental Health, the National Institute on Alcohol Abuse and Alcoholism,
and the National Institute on Drug Abuse and coordinating such programs
between the Institutes and between the Institutes and other public and
private entities.
(2) Not less than once each three years, the Administrator, acting
through the Associate Administrator for Prevention, shall submit to the
Congress a report describing the prevention activities (including
preventive medicine and health promotion) undertaken by the
Administration and its agencies. The report shall include a detailed
statement of the expenditures made for the activities reported on and
the personnel used in connection with such activities.
(f) Procedures for response to information of scientific misconduct
and violations of human subjects of research
The Administrator shall establish a process for the prompt and
appropriate response to information provided the Administrator
respecting (1) scientific misconduct in connection with projects for
which funds have been made available under this subchapter, and (2)
incidences of violations of the rights of human subjects of research for
which funds have been made available under this subchapter. The process
shall include procedures for the receiving of reports of such
information from recipients of funds under this subchapter and taking
appropriate action with respect to such misconduct and violations.
(g) Grants to schools of health professions and schools of social
work
The Secretary, acting through the Administrator, shall make grants to
schools of the health professions and schools of social work to support
the training of students in such schools in the identification and
treatment of alcohol and drug abuse. Grants under this subsection shall
be made from funds available under this subchapter and section 242a of
this title.
(h) Education of public with respect to health hazards of alcoholism
and drug abuse
To educate the public with respect to the health hazards of
alcoholism, alcohol abuse, and drug abuse, the Administrator shall use
the clearinghouse established under section 290aa-6(c) /2/ of this title
to take such actions as may be necessary to ensure the widespread
dissemination of current publications of the National Institute on
Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse
relating to the most recent research findings with respect to such
health hazards.
(i) Experts and consultants; payment and reimbursement for expenses
(1) The Administrator may obtain (in accordance with section 3109 of
title 5, but without regard to the limitation in such section on the
number of days or the period of service) the services of not more than
20 experts or consultants who have scientific or professional
qualifications. Such experts and consultants shall be obtained for the
Administration and for each of its agencies.
(2)(A) Experts and consultants whose services are obtained under
paragraph (1) shall be paid or reimbursed for their expenses associated
with traveling to and from their assignment location in accordance with
sections 5724, 5724a(a)(1), 5724a(a)(3), and 5726(c) of title 5.
(B) Expenses specified in subparagraph (A) may not be allowed in
connection with the assignment of an expert or consultant whose services
are obtained under paragraph (1), unless and until the expert or
consultant agrees in writing to complete the entire period of assignment
or one year, whichever is shorter, unless separated or reassigned for
reasons beyond the control of the expert or consultant that are
acceptable to the Secretary. If the expert or consultant violates the
agreement, the money spent by the United States for the expenses
specified in subparagraph (A) is recoverable from the expert or
consultant as a debt of the United States. The Secretary may waive in
whole or in part a right of recovery under this subparagraph.
(j) Peer review groups; compensation
The Administrator shall, 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,
establish such technical and scientific peer review groups as are needed
to carry out the requirements of section 290aa-5 of this title,
establish program advisory committees, and pay members of such groups
and committees, except that officers and employees of the United States
shall not receive additional compensation for services as members of
such groups or committees. The Federal Advisory Committee Act shall not
apply to the duration of a peer review group appointed under this
subsection.
(k) Voluntary and uncompensated services
The Administrator may accept voluntary and uncompensated services.
(l) Research training
The Administrator may conduct and support research training --
(1) for which fellowship support is not provided under section 288 of
this title; and
(2) that is not residency training of physicians or other health
professionals.
(m) Authorized uses of research grant funds
(1) The Secretary, acting through the Administrator, may make grants
to public and nonprofit private entities for the acquisition of small
instrumentation necessary for carrying out the purpose of this
subchapter with respect to research.
(2) The Secretary may not make a grant under paragraph (1) unless the
small instrumentation acquired pursuant to the grant will be available
for use in more than one grant under this subchapter with respect to
research.
(3) Grants under paragraph (1) shall be subject to technical and
scientific peer review under section 290aa-5 of this title.
(4) A grant under paragraph (1) for a fiscal year may not exceed
$100,000.
(5) For the purpose of carrying out this subsection, there is
authorized to be appropriated $5,000,000 for each of the fiscal years
1989 through 1991.
(July 1, 1944, ch. 373, title V, 501, formerly Pub. L. 93-282, title
II, 201, May 14, 1974, 88 Stat. 134, as amended Pub. L. 94-371, 8,
July 26, 1976, 90 Stat. 1040; renumbered 501 of act July 1, 1944, and
amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(2), 97 Stat. 176; Oct. 19,
1984, Pub. L. 98-509, title II, 201, title III, 301(c)(1), 98 Stat.
2359, 2364; Oct. 27, 1986, Pub. L. 99-570, title IV, 4003, 100 Stat.
3207-106; Nov. 18, 1988, Pub. L. 100-690, title II, 2058(a)(2), 102
Stat. 4213; Aug. 16, 1989, Pub. L. 101-93, 3(f), 103 Stat. 611.)
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (j), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
The Federal Advisory Committee Act, referred to in subsec. (j), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5.
Section was formerly classified to section 3511 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 501 of act July 1, 1944, which was classified to
section 219 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa of this title.
1989 -- Subsec. (b)(4). Pub. L. 101-93, 3(f)(1), substituted
''for'' for ''of''.
Subsec. (j). Pub. L. 101-93, 3(f)(2), substituted ''section 290aa-5
of this title, establish program advisory committees, and pay members of
such groups and committees'' for ''section 290aa-5 of this title and
appoint and pay members of such groups'' and ''as members of such groups
or committees'' for ''as members of such groups''.
1988 -- Subsec. (b)(4). Pub. L. 100-690, 2058(a)(2)(A), added par.
(4).
Subsec. (e)(2). Pub. L. 100-690, 2058(a)(2)(B), substituted ''Not
less than once each three years, the Administrator'' for ''The
Administrator'' and ''shall submit'' for ''shall annually submit''.
Subsec. (f). Pub. L. 100-690, 2058(a)(2)(C), substituted
''misconduct'' for ''fraud'' in heading and two places in text.
Subsecs. (k) to (m). Pub. L. 100-690, 2058(a)(2)(D), (E), added
subsecs. (k) to (m) and struck out former subsec. (k), which related
to Alcohol, Drug Abuse, and Mental Health Advisory Board, including its
duties, membership, terms of office, compensation, personnel, chairman,
meetings, and reports to Congress.
1986 -- Pub. L. 99-570 amended section generally, revising and
restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and (h) as
(c), (d), (k), (h), (e), (f), (g), and (i), respectively, and adding new
subsecs. (a), (b), and (j).
1984 -- Pub. L. 98-509, 301(c)(1), amended directory language of
Pub. L. 98-24, 2(b)(2). See 1983 Amendment note below.
Subsec. (c). Pub. L. 98-509, 201(a), substituted provisions relating
to the Alcohol, Drug Abuse, and Mental Health Advisory Board for
provisions relating to the National Panel on Alcohol, Drug Abuse, and
Mental Health.
Subsecs. (g), (h). Pub. L. 98-509, 201(b), added subsecs. (g) and
(h).
1983 -- Pub. L. 98-24, 2(b)(2), as amended by Pub. L. 98-509,
301(c)(1), renumbered section 3511 of this title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(2)(A), struck out ''of Health,
Education, and Welfare'' after ''The Secretary'' and ''Department''.
Subsec. (c). Pub. L. 98-24, 2(b)(2)(A), (B), struck out ''of Health,
Education, and Welfare'' after ''The Secretary'', and made a technical
amendment to reference to section 218 of this title to reflect the
transfer of this section to the Public Health Service Act.
Subsec. (d). Pub. L. 98-24, 2(b)(2)(C), substituted provisions
directing the Administrator to distribute information on the hazards of
alcoholism and the abuse of alcohol and drugs for provisions directing
the Secretary, through the Administration, to evaluate and make
recommendations regarding improved, coordinated activities, where
appropriate, for public education and other prevention programs with
respect to the abuse of alcohol and other substances.
Subsecs. (e), (f). Pub. L. 98-24, 2(b)(2)(D), added subsecs. (e)
and (f).
1976 -- Subsec. (d). Pub. L. 94-371 added subsec. (d).
Section 2071 of Pub. L. 100-690 provided that:
''(a) In General. -- The Secretary of Health and Human Services shall
conduct a study for the purpose of --
''(1) determining the relationship between mental illness and
substance abuse; and
''(2) developing recommendations on the most effective methods of
treatment for individuals with both mental illness and substance abuse
problems.
''(b) Report. -- Not later than 12 months after the date of the
enactment of this Act (Nov. 18, 1988), the Secretary of Health and Human
Services shall complete the study required in subsection (a) and submit
to the Congress the findings made as a result of the study.''
Section 2073 of Pub. L. 100-690 provided that:
''(a) Study. -- The Secretary of Health and Human Services shall
request the National Academy of Sciences to conduct a review of the
research activities of the National Institutes of Health and the
Alcohol, Drug Abuse, and Mental Health Administration. Such review
shall include --
''(1) an evaluation of the appropriateness of administering health
service programs in conjunction with the administration of biomedical
and behavioral research; and
''(2) a determination of any areas of duplication in the research
programs of the National Institutes of Health and the Alcohol, Drug
Abuse, and Mental Health Administration.
''(b) Report. -- Not later than 12 months after the date on which any
contract requested in subsection (a) is entered into, the Secretary of
Health and Human Services shall, to the extent practicable, provide for
the completion of the review requested in such subsection and submit to
the Congress a report describing the findings made as a result of the
review.
''(c) Contract Authority. -- The Secretary of Health and Human
Services may enter into a contract with the National Academy of Sciences
to carry out the review requested in subsection (a).''
Section 1(b) of Pub. L. 98-24 provided that: ''It is the policy of
the United States and the purpose of this Act (see Short Title of 1983
Amendment note set out under section 201 of this title) to provide
leadership in the national effort to reduce the incidence of alcoholism
and alcohol-related problems and drug abuse through --
''(1) a continued Federal commitment to research into the behavioral
and biomedical etiology, the treatment, and the mental and physical
health and social and economic consequences of alcohol abuse and
alcoholism and drug abuse;
''(2) a commitment to --
''(A) extensive dissemination to States, units of local government,
community organizations, and private groups of the most recent
information and research findings with respect to alcohol abuse and
alcoholism and drug abuse, including information with respect to the
application of research findings; and
''(B) the accomplishment of such dissemination through up-to-date
publications, demonstrations, educational programs, and other
appropriate means;
''(3) the provision of technical assistance to research personnel;
services personnel, and prevention personnel in the field of alcohol
abuse and alcoholism and drug abuse;
''(4) the development and encouragement of prevention programs
designed to combat the spread of alcoholism, alcohol abuse, drug abuse,
and the abuse of other legal and illegal substances;
''(5) the development and encouragement of effective occupational
prevention and treatment programs within Government and in cooperation
with the private sector; and
''(6) the provision of a Federal response to alcohol abuse and
alcoholism and drug abuse which encourages the greatest participation by
the private sector, both financially and otherwise, and concentrates on
carrying out functions relating to alcohol abuse and alcoholism and drug
abuse which are truly national in scope.''
Section 3 of Pub. L. 98-24 provided that:
''(a) The Secretary of Health and Human Services shall submit to the
Congress, on or before January 15, 1984, a report describing the extent
to which Federal and State programs, departments, and agencies are
concerned and are dealing effectively with --
''(1) the problems of alcohol abuse and alcoholism,
''(2) the problems of drug abuse, and
''(3) mental illness.
''(b) The report required by subsection (a) shall include information
with respect to the services provided for alcohol abuse, alcoholism,
drug abuse, and mental health under part B of title XIX of the Public
Health Service Act (section 300x et seq. of this title). To obtain
information respecting such services, the Secretary shall work with
appropriate national organizations to ensure that State and local
governments use compatible means of collecting data respecting such
services so that uniform national data with respect to the provision of
such services will be available to the States and to the Secretary.
''(c) In compiling data for the report required by subsection (a),
the Secretary may not require any State to submit any information which
is not required under section 1916(a) of the Public Health Service Act
(section 300x-5(a) of this title).''
/1/ So in original. Probably should be ''receive''.
/2/ So in original. Probably should be section ''290aa-7''.
42 USC 290aa-1. National Institute on Alcohol Abuse and Alcoholism
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; functions of Institute; functions of Secretary
regarding alcohol abuse and alcoholism prevention, treatment, and
rehabilitation programs
There is established the National Institute on Alcohol Abuse and
Alcoholism (hereafter in this section referred to as the ''Institute'')
to administer the programs and authorities relating to alcohol abuse and
alcoholism assigned to the Secretary by this chapter. The Secretary,
acting through the Institute, shall, in carrying out the purposes of
sections 241 and 242a of this title with respect to alcohol abuse and
alcoholism, develop and conduct comprehensive health, education,
training, research, and planning programs for the prevention and
treatment of alcohol abuse and alcoholism and for the rehabilitation of
alcohol abusers and alcoholics. The Secretary shall carry out through
the Institute the administrative and financial management, policy
development and planning, evaluation, and public information functions
which are required for the implementation of such programs and
authorities.
(b) Appointment of Director and employment and functions of officers
and employees of Institute
(1) The Institute shall be under the direction of a Director who
shall be appointed by the Secretary.
(2) The Director, with the approval of the Secretary, may employ and
prescribe the functions of such officers and employees, including
attorneys, as are necessary to administer the programs to be carried out
through the Institute.
(c) Administration of programs to encourage widest participation of
professionals and paraprofessionals in certain related disciplines
The programs to be carried out through the Institute shall be
administered so as to encourage the broadest possible participation of
professionals and paraprofessionals in the fields of medicine, science,
the social sciences, and other related disciplines.
(d) Underserved areas, program development; report to President and
Congress
(1) The Director shall make special efforts to develop and coordinate
prevention, treatment, research, and administrative policies and
programs which focus on the needs of underserved populations.
(2) The Secretary shall include in the annual report to the President
and the Congress required by section 4552(1) /1/ of this title a
description of the actions taken by the Director under paragraph (1).
(July 1, 1944, ch. 373, title V, 502, formerly Pub. L. 91-616, title
I, 101, Dec. 31, 1970, 84 Stat. 1848, as amended Pub. L. 93-282, title
II, 203(a), May 14, 1974, 88 Stat. 135; Pub. L. 96-180, 3, Jan. 2,
1980, 93 Stat. 1302; Pub. L. 97-35, title IX, 966(a), Aug. 13, 1981,
95 Stat. 595; renumbered 502 of act July 1, 1944, and amended Apr. 26,
1983, Pub. L. 98-24, 2(b)(3), 97 Stat. 177; Oct. 19, 1984, Pub. L.
98-509, title II, 205(b)(2), 98 Stat. 2361; Oct. 27, 1986, Pub. L.
99-570, title IV, 4005(b)(1), 100 Stat. 3207-114.)
Section 4552(1) of this title, referred to in subsec. (d)(2), was in
the original ''section 102(1)'', meaning section 102(1) of Pub. L.
91-616, title I, Dec. 31, 1970, 84 Stat. 1848, which was classified to
section 4552(1) of this title and was repealed by Pub. L. 98-24,
2(c)(1), Apr. 26, 1983, 97 Stat. 182. See section 290aa-4 of this
title.
Section was formerly classified to section 4551 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 502 of act July 1, 1944, which was classified to
section 220 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-1 of this title.
1986 -- Subsec. (e). Pub. L. 99-570 struck out subsec. (e) which
provided for preparation of television announcements concerning dangers
of consumption of alcoholic beverages.
1984 -- Pub. L. 98-509 added subsec. (e).
1983 -- Pub. L. 98-24, 2(b)(3), renumbered section 4551 of this
title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(3)(A), substituted ''this section''
for ''this chapter'', meaning chapter 60 of this title, substituted
''relating to alcohol abuse and alcoholism assigned to the Secretary''
for ''assigned to the Secretary of Health and Human Services (hereafter
in this chapter referred to as the 'Secretary')'', and made a technical
amendment to the reference to sections 241 and 242a of this title to
reflect the transfer of this section to the Public Health Service Act.
1981 -- Subsec. (a). Pub. L. 97-35 substituted ''Health and Human
Services'' for ''Health, Education, and Welfare'', and struck out
reference to part C of the Community Mental Health Centers Act.
1980 -- Subsec. (d). Pub. L. 96-180 added subsec. (d).
1974 -- Subsec. (a). Pub. L. 93-282 struck out provisions for
establishment of the Institute in the National Institute of Mental
Health, inserted reference to section 242a of this title, and required
the Secretary to carry out through the Institute the administrative and
financial management, policy development and planning, evaluation, and
public information functions required for implementation of prescribed
programs and authorities.
Subsec. (b). Pub. L. 93-282 designated existing provisions as par.
(1) and added par. (2).
Subsec. (c). Pub. L. 93-282 added subsec. (c).
/1/ See References in Text note below.
42 USC 290aa-2. National Institute on Drug Abuse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; functions; drug abuse prevention, treatment, and
rehabilitation programs
There is established the National Institute on Drug Abuse
(hereinafter in this section referred to as the ''Institute'') to
administer the programs and authorities relating to drug abuse assigned
to the Secretary by this chapter. The Secretary, acting through the
Institute, shall, in carrying out the purpose of sections 241, 242, and
242a of this title with respect to drug abuse, develop and conduct
comprehensive health, education, training, research, and planning
programs for the prevention and treatment of drug abuse and for the
rehabilitation of drug abusers. The Secretary shall carry out through
the Institute the administrative and financial management, policy
development and planning, evaluation, and public information functions
which are required for the implementation of such programs and
authorities.
(b) Appointment of Director and employment and functions of officers
and employees of Institute
(1) The Institute shall be under the direction of a Director who
shall be appointed by the Secretary.
(2) The Director, with the approval of the Secretary, may employ and
prescribe the functions of such officers and employees, including
attorneys, as are necessary to administer the programs and authorities
to be carried out through the Institute.
(c) Participation of certain related disciplines in programs of
Institute
The programs of the Institute shall be administered so as to
encourage the broadest possible participation of professionals and
paraprofessionals in the fields of medicine, science, the social
sciences, and other related disciplines.
(d) Information center; uniform methodology and technology;
statistics
The Secretary shall --
(1) operate an information center for the collection, preparation,
and dissemination of all information relating to drug abuse prevention
functions, including information concerning State and local drug abuse
treatment plans, and the availability of treatment resources, training
and educational programs, statistics, research, and other pertinent data
and information;
(2) investigate and publish information concerning uniform
methodology and technology for determining the extent and kind of drug
use by individuals and effects which individuals are likely to
experience from such use; and
(3) gather and publish statistics pertaining to drug abuse and
promulgate regulations specifying uniform statistics to be furnished,
records to be maintained, and reports to be submitted, on a voluntary
basis by public and private entities and individuals respecting drug
abuse.
(July 1, 1944, ch. 373, title V, 503, formerly Pub. L. 92-255, title
IV, 406(a), title V, 501, Mar. 21, 1972, 86 Stat. 78, 85, as amended
Pub. L. 93-282, title II, 204, May 14, 1974, 88 Stat. 136; Pub. L.
94-237, 12(a), Mar. 19, 1976, 90 Stat. 247; Pub. L. 96-181, 10, Jan.
2, 1980, 93 Stat. 1314; Pub. L. 97-35, title IX, 968(a), 973(f), Aug.
13, 1981, 95 Stat. 595, 598; renumbered 503 of act July 1, 1944, and
amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(4), (5), 97 Stat. 177; Oct.
19, 1984, Pub. L. 98-509, title II, 202, 205(b)(1), 98 Stat. 2360,
2361; Oct. 27, 1986, Pub. L. 99-570, title IV, 4005(b)(2), 100 Stat.
3207-114.)
Prior to renumbering by Pub. L. 98-24, subsecs. (a) to (d) of this
section were subsecs. (a) to (d) of section 501 of Pub. L. 92-255,
which was classified to section 1191 of Title 21, Food and Drugs, and
subsec. (e) of this section was subsec. (a) of section 406 of Pub. L.
92-255, which was classified to section 1173(a) of Title 21.
A prior section 503 of act July 1, 1944, which was classified to
section 221 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-2 of this title.
1986 -- Subsec. (d)(4). Pub. L. 99-570 struck out par. (4) which
required the Secretary to prepare for distribution announcements for
television to educate the public concerning the dangers resulting from
the consumption of drugs and, to the extent feasible, use appropriate
private organizations and business concerns in the preparation of such
announcements''.
1984 -- Subsec. (d). Pub. L. 98-509, 202, redesignated subsec. (e)
as (d) and struck out former subsec. (d) which directed the Director to
make special efforts to develop and coordinate prevention, treatment,
research, and administrative policies and programs focusing on the needs
of underserved populations and to include in the annual report to the
President and the Congress required by section 1172(b) of title 21 a
description of the actions taken by the Director under subsec. (d).
Subsec. (d)(4). Pub. L. 98-509, 205(b)(1), added par. (4).
Notwithstanding directory language that amendment be made to subsec.
(e), amendment was executed to subsec. (d) to reflect the probable
intent of Congress and the intervening redesignation of subsec. (e) as
(d) by section 202 of Pub. L. 98-509.
Subsec. (e). Pub. L. 98-509, 202, redesignated subsec. (e) as (d).
1983 -- Pub. L. 98-24, 2(b)(4), (5), renumbered sections 1191 and
1173(a) of Title 21, Food and Drugs, as subsecs. (a) to (d) and (e),
respectively, of this section.
Subsec. (a). Pub. L. 98-24, 2(b)(4)(A), substituted ''this section''
for ''this subchapter'', meaning subchapter V ( 1191 et seq.) of chapter
16 of title 21, substituted ''relating to drug abuse assigned to the
Secretary by this chapter'' for ''of the Secretary of Health and Human
Services (hereinafter in this subchapter referred to as the 'Secretary')
with respect to drug abuse prevention functions'', and made a technical
amendment to reference to sections 241, 242, and 242a of this title to
reflect the transfer of this section to the Public Health Service Act.
Subsec. (b)(1). Pub. L. 98-24, 2(b)(4)(B), struck out ''(hereinafter
in this subchapter referred to as the 'Director')'' after ''Director''.
1981 -- Subsec. (a). Pub. L. 97-35, 973(f), substituted ''Health
and Human Services'' for ''Health, Education, and Welfare''.
Subsec. (e)(4). Pub. L. 97-35, 968(a), struck out par. (4) which
related to review and publication functions of the Secretary.
1980 -- Subsec. (d). Pub. L. 96-181 added subsec. (d).
1976 -- Subsec. (a). Pub. L. 94-237, 12(a)(1), substituted
''subchapter'' for ''section'' wherever appearing.
Subsec. (b)(1). Pub. L. 94-237, 12(a)(2), inserted ''(hereinafter in
this subchapter referred to as the 'Director')'' after ''Director''.
1974 -- Subsec. (a). Pub. L. 93-282 struck out provisions for
establishment of the Institute effective Dec. 31, 1974, and for such
establishment in the National Institute of Mental Health, inserted
references to sections 242 and 242a of this title, and required the
Secretary to carry out through the Institute the administrative and
financial management, policy development and planning, evaluation, and
public information functions required for implementation of prescribed
programs and authorities.
Subsec. (b). Pub. L. 93-282 designated existing provisions as par.
(1) and added par. (2).
42 USC 290aa-3. National Institute of Mental Health
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; functions of Institute; functions of Secretary
regarding mental illness prevention, treatment, and rehabilitation
program
There is established the National Institute of Mental Health
(hereinafter in this part referred to as the ''Institute'') to
administer the programs and authorities of the Secretary with respect to
mental health. The Secretary, acting through the Institute, shall, in
carrying out the purposes of sections 241 and 242a of this title with
respect to mental illness, develop and conduct comprehensive health,
education, training, research, and planning programs for the prevention
and treatment of mental illness and for the rehabilitation of the
mentally ill. The Secretary shall carry out through the Institute the
administrative and financial management, policy development and
planning, evaluation, and public information functions which are
required for the implementation of such programs and authorities.
(b) Appointment of Director and employment and functions of officers
and employees of Institute
(1) The Institute shall be under the direction of a Director who
shall be appointed by the Secretary.
(2) The Director, with the approval of the Secretary, may employ and
prescribe the functions of such officers and employees, including
attorneys, as are necessary to administer the programs and authorities
to be carried out through the Institute.
(c) Administration of programs to encourage widest participation of
professionals and paraprofessionals in certain related disciplines
The programs to be carried out through the Institute shall be
administered so as to encourage the broadest possible participation of
professionals and paraprofessionals in the fields of medicine, science,
the social sciences, and other related disciplines. Special
consideration shall be given to programs for training and research on
the mental health needs of the elderly.
(d) Administrative unit; designation, functions, etc.
The Director shall designate an administrative unit in the Institute
to --
(1) design national goals and establish national priorities for --
(A) the prevention of mental illness, and
(B) the promotion of mental health,
(2) encourage and assist local entities and State agencies to achieve
the goals and priorities described in paragraph (1), and
(3) develop and coordinate Federal prevention policies and programs
and to assure increased focus on the prevention of mental illness and
the promotion of mental health.
(e) Associate Director for Special Populations; designation,
functions, etc.
(1) The Director of the National Institute of Mental Health shall
designate an Associate Director for Special Populations.
(2) The Secretary, acting through the Associate Director for Special
Populations, shall --
(A) develop and coordinate prevention, treatment, research, and
administrative policies and programs to assure increased emphasis on the
mental health needs of women and minority populations;
(B) support programs and projects relating to the delivery of mental
health services to women and minority populations, including
demonstration programs and projects;
(C) develop a plan to increase the representation of women and
minority populations in mental health service delivery and manpower
programs;
(D) support programs of basic and applied social and behavioral
research on the mental health problems of women and minority
populations;
(E) study the effects of discrimination on institutions and
individuals, including majority institutions and individuals;
(F) develop systems to assist women and minority populations in
adapting to, and coping with, the effects of discrimination;
(G) support and develop research, demonstration, and training
programs designed to eliminate institutional discrimination; and
(H) provide increased emphasis on the concerns of women and minority
populations in training programs, service delivery programs, and
research endeavors of the Institute.
(f) Development and publication of information on suicide and suicide
prevention
(1) The Secretary, acting through the Director, shall --
(A) develop and publish information with respect to the causes of
suicide and the means of preventing suicide; and
(B) make such information generally available to the public and to
health professionals.
(2) Information described in paragraph (1) shall especially relate to
suicide among individuals under 24 years of age.
(July 1, 1944, ch. 373, title V, 504, formerly title IV, 455, as
added May 14, 1974, Pub. L. 93-282, title II, 202, 88 Stat. 135,
amended Oct. 7, 1980, Pub. L. 96-398, title III, 325, title IV,
401(a), title VIII, 804(a), 94 Stat. 1596, 1597, 1608; Aug. 13, 1981,
Pub. L. 97-35, title IX, 902(g)(1), 95 Stat. 560; and renumbered title
V, 504, Apr. 26, 1983, Pub. L. 98-24, 2(b)(6), 97 Stat. 177; Oct. 19,
1984, Pub. L. 98-509, title II, 203, 204, 98 Stat. 2360, 2361; Oct.
7, 1985, Pub. L. 99-117, 11(b), 99 Stat. 495; Oct. 27, 1986, Pub. L.
99-570, title IV, 4011(a), 4012, 4013, 4021(a), (b)(1), 100 Stat.
3207-115, 3207-116, 3207-124; Nov. 14, 1986, Pub. L. 99-660, title V,
504, 100 Stat. 3797; Nov. 18, 1988, Pub. L. 100-690, title II,
2057(1), (2), 102 Stat. 4211.)
Section was formerly classified to section 289k-1 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 504 of act July 1, 1944, which was classified to
section 222 of this title, 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, 10(s), Nov. 8, 1984, 98 Stat. 3381.
1988 -- Subsec. (f). Pub. L. 100-690, 2057(1), amended subsec. (f)
generally, substituting provisions relating to development and
publication of information on suicide and suicide prevention for
provisions relating to mental health services demonstration projects,
grants, limitations, waiver, and appropriations.
Subsecs. (g) to (i). Pub. L. 100-690, 2057(2), struck out subsec.
(g) which provided grants for development of State comprehensive mental
health plans, subsec. (h) which provided for publication of information
respecting causes of suicide, and subsec. (i) which provided for
grants, contracts and cooperative agreements with public and nonprofit
private entities for research on mental illness.
1986 -- Subsec. (c). Pub. L. 99-570, 4012, inserted at end
''Special consideration shall be given to programs for training and
research on the mental health needs of the elderly.''
Subsec. (e)(2)(A). Pub. L. 99-570, 4013, 4021(a), made identical
amendments, substituting a semicolon for the period at end.
Subsec. (f). Pub. L. 99-660 substituted ''elderly individuals, and
homeless chronically mentally ill individuals'' for ''and elderly
individuals'' in par. (1), substituted ''1985 and 1986, and $24,000,000
for fiscal year 1988'' for ''1985, 1986, and 1987'' in par. (3), and
added par. (4).
Subsec. (g). Pub. L. 99-570, 4021(a), made amendment identical to
Pub. L. 99-117, 11(b)(1).
Subsec. (h). Pub. L. 99-570, 4011(a), added subsec. (h).
Subsec. (i). Pub. L. 99-570, 4021(b)(1), added subsec. (i).
1985 -- Pub. L. 99-117, 11(b)(2), amended section catchline to read
''National Institute of Mental Health''.
Subsec. (g). Pub. L. 99-117, 11(b)(1), substituted ''section
300x-4(e)'' for ''section 300x-3(e)''.
1984 -- Subsec. (e)(1). Pub. L. 98-509, 203(1), substituted
''Special Populations'' for ''Minority Concerns''.
Subsec. (e)(2). Pub. L. 98-509, 203, substituted ''Special
Populations'' for ''Minority Concerns'' in provisions preceding subpar.
(A) and ''women and minority'' for ''minority'' in subpars. (A) to (D),
(F), and (H).
Subsecs. (f), (g). Pub. L. 98-509, 204, added subsecs. (f) and
(g).
1981 -- Subsec. (a). Pub. L. 97-35 struck out references to Mental
Retardation Facilities and Community Mental Health Centers Construction
Act of 1963 (other than part C of title II) and Mental Health Systems
Act.
1980 -- Subsec. (a). Pub. L. 96-398, 804(a), inserted reference to
Mental Health Systems Act.
Subsec. (d). Pub. L. 96-398, 325, added subsec. (d).
Subsec. (e). Pub. L. 96-398, 401(a), added subsec. (e).
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 300aaa-12 of
this title.
Section 401(b) of Pub. L. 96-398 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
date of the enactment of this Act (Oct. 7, 1980) or October 1, 1980,
whichever occurs later.''
The directory language of, but not the amendment made by, Pub. L.
96-398, title III, 325, cited as a credit to this section, was repealed
by section 902(e)(1) of Pub. L. 97-35, title IX, Aug. 13, 1981, 95
Stat. 560, effective Oct. 1, 1981.
Pub. L. 100-77, title VI, 612, July 22, 1987, 101 Stat. 523, as
amended by Pub. L. 100-607, title VIII, 821, Nov. 4, 1988, 102 Stat.
3171; Pub. L. 100-628, title VI, 621, Nov. 7, 1988, 102 Stat. 3244;
Pub. L. 101-93, 5(t)(1), (2), Aug. 16, 1989, 103 Stat. 615; Pub. L.
101-645, title V, 521, Nov. 29, 1990, 104 Stat. 4734, provided that:
''(a) In General. -- For payments pursuant to section 520 of the
Public Health Service Act (this section), there are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
1991 through 1993, in addition to any other amounts authorized to be
appropriated for such payments for each of such fiscal years. Such
additional amounts shall be available only for the provision of
community-based mental health services to homeless individuals who are
chronically mentally ill.
''(b) Availability. -- Amounts paid to a grantee under section 520 of
the Public Health Service Act pursuant to subsection (a) remaining
unobligated at the end of the fiscal year in which the amounts were
received shall remain available to the grantee during the succeeding
fiscal year for the purposes for which the payments were made.''
Section 4011(b) of Pub. L. 99-570 provided that: ''Not later than
one year after the date of enactment of this Act (Oct. 27, 1986), the
Director of the National Institute of Mental Health shall report to the
Committee on Labor and Human Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives on the activities
undertaken under section 504(h) of the Public Health Service Act
(subsec. (h) of this section) and shall include in such report an
assessment of the effectiveness of such activities.''
42 USC 290aa-3a. Advisory councils
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Appointment for National Institutes on Alcohol Abuse and
Alcoholism, Drug Abuse, and Mental Health; powers and duties
(1) The Secretary shall appoint an advisory council for the National
Institute on Alcohol Abuse and Alcoholism, for the National Institute on
Drug Abuse, and for the National Institute of Mental Health. Each such
advisory council shall advise, consult with, and make recommendations to
the Secretary and the Director of the Institute for which it was
appointed on matters relating to the activities carried out by and
through the Institute and the policies respecting such activities.
(2) Each advisory council for an Institute may recommend to the
Secretary acceptance, in accordance with section 300aaa of this title,
of conditional gifts for --
(A) study, investigation, or research respecting the diseases,
disorders, or other aspect of human health with respect to which the
Institute was established;
(B) the acquisition of grounds for the Institute; or
(C) the construction, equipping, or maintenance of facilities for the
Institute.
(3) Each advisory council for an Institute --
(A)(i) may on the basis of the materials provided under section
290aa-5(d)(2) of this title respecting research conducted at the
Institute, make recommendations to the Director of the Institute
respecting such research;
(ii) shall review applications for grants and cooperative agreements
for research or training and for which advisory council approval is
required under section 290aa-5(e)(2) of this title, and recommend for
approval applications for projects which show promise of making valuable
contributions to human knowledge; and
(iii) may review any grant, contract, or cooperative agreement
proposed to be made or entered into by the Institute;
(B) may collect, by correspondence or by personal investigation,
information as to studies which are being carried on in the United
States or any other country as to the diseases, disorders, or other
aspect of human health with respect to which the Institute was
established and with the approval of the Director of the Institute make
available such information through appropriate publications for the
benefit of public and private health entities and health professions
personnel and scientists and for the information of the general public;
and
(C) may appoint subcommittees and convene workshops and conferences.
(b) Membership; appointment; compensation
(1) Each advisory council shall consist of nonvoting ex officio
members and not more than 12 members appointed by the Secretary.
(2) The ex officio members of an advisory council shall consist of --
(A) the Secretary, the Administrator, the Director of the Institute
for which the advisory council is established, the Chief Medical
Director of the Veterans' Administration, and the Assistant Secretary of
Defense for Health Affairs (or the designees of such officers), and
(B) such additional officers or employees of the United States as the
Secretary determines necessary for the advisory council to effectively
carry out its functions.
(3) The members of an advisory council who are not ex officio members
shall be appointed as follows:
(A) Nine of the members shall be appointed by the Secretary from
among the leading representatives of the health and scientific
disciplines (including public health and the behavioral or social
sciences) relevant to the activities of the Institute for which the
advisory council is established.
(B) Three of the members shall be appointed by the Secretary from the
general public and shall include leaders in fields of public policy,
public relations, law, health policy, economics, and management.
(4) Members of an advisory council who are officers or employees of
the United States shall not receive any compensation for service on the
advisory council. The other members of an advisory council shall
receive, for each day (including travel time) they are engaged in the
performance of the functions of the advisory council, compensation at
rates not to exceed the daily equivalent of the annual rate in effect
for grade GS-18 of the General Schedule.
(c) Terms of office
The term of office of an appointed member of an advisory council is 4
years, except that any member appointed to fill a vacancy for an
unexpired term shall be appointed for the remainder of such term and the
Secretary shall make appointments to an advisory council in such manner
as to ensure that the terms of the members do not all expire in the same
year. A member may serve after the expiration of the member's term
until a successor has taken office. A member who has been appointed for
a term of 4 years may not be reappointed to an advisory council before 2
years from the date of expiration of such term of office. If a vacancy
occurs in the advisory council among the appointed members, the
Secretary shall make an appointment to fill the vacancy within 90 days
from the date the vacancy occurs.
(d) Chairman of council
The chairman of an advisory council shall be selected by the
Secretary from among the appointed members, except that the Secretary
may select the Director of the Institute for which the advisory council
is established to be the chairman of the advisory council. The term of
office of chairman shall be 2 years.
(e) Meetings
The advisory council shall meet at the call of the chairman or upon
the request of the Director of the Institute for which it was
established, but at least 3 times each fiscal year. The location of the
meetings of each advisory council is subject to the approval of the
Director of the Institute for which the advisory council was
established.
(f) Executive secretary of council; availability of staff,
information, and other assistance
The Director of the Institute for which an advisory council is
established shall designate a member of the staff of the Institute to
serve as the executive secretary of the advisory council. The Director
of the Institute shall make available to the advisory council such
staff, information, and other assistance as it may require to carry out
its functions. The Director of the Institute shall provide orientation
and training for new members of the advisory council to provide them
with such information and training as may be appropriate for their
effective participation in the functions of the advisory council.
(July 1, 1944, ch. 373, title V, 505, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 4004(a), 100 Stat. 3207-109, and amended Aug. 18,
1990, Pub. L. 101-381, title I, 102(6), 104 Stat. 586.)
A prior section 505 of act July 1, 1944, was redesignated section 506
by section 4004(a) of Pub. L. 99-570, and is classified to section
290aa-4 of this title.
Another prior section 505 of act July 1, 1944, which was classified
to section 223 of this title, was renumbered section 2105 of act July 1,
1944, by Pub. L. 98-24 and transferred to section 300aa-4 of this
title, renumbered section 2305 of act July 1, 1944, by Pub. L. 99-660
and transferred to section 300cc-4 of this title and repealed by Pub.
L. 99-117, 12(f), Oct. 7, 1985, 99 Stat. 495.
1990 -- Subsec. (a)(2). Pub. L. 101-381 made technical amendment to
reference to section 300aaa of this title to reflect renumbering of
corresponding section of original act.
Reference to Chief Medical Director of Veterans' Administration
deemed to refer to Chief Medical Director of Department of Veterans
Affairs pursuant to section 10 of Pub. L. 100-527, set out as a
Department of Veterans Affairs Act note under section 301 of Title 38,
Veterans' Benefits.
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93-641, 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 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,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Section 4004(b) of Pub. L. 99-570 provided that: ''The amendment
made by subsection (a) (enacting this section and renumbering this
section and section 290aa-5 of this title) does not terminate the
membership of any advisory council for the National Institute on Alcohol
Abuse and Alcoholism, the National Institute on Drug Abuse, or the
National Institute of Mental Health which was in existence on the date
of enactment of this Act (Oct. 27, 1986). After such date --
''(1) the Secretary of Health and Human Services shall make
appointments to each such advisory council in such a manner as to bring
about as soon as practicable the composition for such council prescribed
by section 505 of the Public Health Service Act (this section);
''(2) each advisory council shall organize itself in accordance with
such section and exercise the functions prescribed by such section; and
''(3) the Director of each such institute shall perform for such
advisory council the functions prescribed by such section.''
42 USC 290aa-4. Reports: health consequences, current research,
recommendations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Alcoholism and alcohol abuse
The Secretary shall submit to Congress on or before January 15, 1984,
and every three years thereafter a report --
(1) containing current information on the health consequences of
using alcoholic beverages,
(2) containing a description of current research findings made with
respect to alcohol abuse and alcoholism, and
(3) containing such recommendations for legislation and
administrative action as the Secretary may deem appropriate.
(b) Drug abuse
The Secretary shall submit to Congress on or before January 15, 1984,
and every three years thereafter a report --
(1) describing the health consequences and extent of drug abuse in
the United States;
(2) describing current research findings made with respect to drug
abuse, including current findings on the health effects of marihuana and
the addictive property of tobacco; and
(3) containing such recommendations for legislation and
administrative action as the Secretary may deem appropriate.
(July 1, 1944, ch. 373, title V, 506, formerly 505, as added Apr.
26, 1983, Pub. L. 98-24, 2(b)(7), 97 Stat. 178, and renumbered 506,
Oct. 27, 1986, Pub. L. 99-570, title IV, 4004(a), 100 Stat. 3207-109.)
A prior section 506 of act July 1, 1944, was redesignated section 507
by section 4004(a) of Pub. L. 99-570, and is classified to section
290aa-5 of this title.
Another prior section 506 of act July 1, 1944, which was classified
to section 224 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-3 of this title.
Secretary of Health and Human Services to promulgate regulations,
within 90 days of Oct. 19, 1984, for the administration of section
802(28) of Title 21, Food and Drugs, as amended by Pub. L. 98-509,
title III, 301(a), Oct. 19, 1984, 98 Stat. 2364, and to include in
the first report submitted under subsec. (b) of this section after such
period the findings of the Secretary with respect to the effect of the
amendment by section 301(a) of Pub. L. 98-509, see section 301(b) of
Pub. L. 98-509, set out as a note under section 802 of Title 21.
42 USC 290aa-5. Peer review
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Requirement for biomedical and behavioral research and
development by Institutes
The Secretary, after consultation with the Directors of the National
Institute of Mental Health, the National Institute on Alcohol Abuse and
Alcoholism, and the National Institute on Drug Abuse shall by regulation
require appropriate technical and scientific peer review of biomedical
and behavioral research and development grants, cooperative agreements,
and contracts to be administered through the National Institute of
Mental Health, the National Institute on Alcohol Abuse and Alcoholism,
and the National Institute on Drug Abuse.
(b) Consistency with existing peer review regulations
Regulations promulgated under subsection (a) of this section shall
require that the review of applications made for grants, cooperative
agreements, and contracts required by the regulations be conducted --
(1) in a manner consistent with the system for scientific peer review
applicable on April 26, 1983, to grants, cooperative agreements, and
contracts under this chapter for biomedical and behavioral research, and
(2) to the extent practical, by peer review groups performing such
review on or before such date.
(c) Qualifications of review group members
The members of any peer review group established under such
regulations shall be individuals who by virtue of their training or
experience are eminently qualified to perform the review functions of
the group and not more than one-fourth of the members of any peer review
group established under such regulations shall be officers or employees
of the United States.
(d) Procedures for review of research at Institutes
The Administrator of the administration /1/ shall establish
procedures for periodic, technical, and scientific peer review of
research at the National Institute of Mental Health, the National
Institute on Alcohol Abuse and Alcoholism, and the National Institute on
Drug Abuse. Such procedures shall require that --
(1) the reviewing entity be provided a written description of the
research to be reviewed; and
(2) the reviewing entity provide the advisory council of the
institute involved with such description and the results of the review
by the entity.
(e) Amount of direct cost of grant, cooperative agreement, or
contract as determining approval procedure
(1) If the direct cost of a grant, cooperative agreement, or contract
(described in subsection (a) of this section) to be made does not exceed
$50,000, the Secretary may make such grant, cooperative agreement, or
contract only if such grant, cooperative agreement, or contract is
recommended after technical and scientific peer review required by
regulations under subsections (a) and (b) of this section.
(2) If the direct cost of a grant, cooperative agreement, or contract
(described in subsection (a) of this section) to be made exceeds
$50,000, the Secretary may make such grant, cooperative agreement, or
contract only if such grant, cooperative agreement, or contract is
recommended --
(A) after technical and scientific peer review required by
regulations under subsections (a) and (b) of this section, and
(B) by the National Advisory Council on Alcohol Abuse and Alcoholism,
the National Advisory Council on Drug Abuse, or the National Mental
Health Advisory Council, as is appropriate.
(July 1, 1944, ch. 373, title V, 507, formerly 506, as added Apr.
26, 1983, Pub. L. 98-24, 2(b)(7), 97 Stat. 178, and amended Nov. 20,
1985, Pub. L. 99-158, 3(c), 99 Stat. 879; renumbered 507 and amended
Oct. 27, 1986, Pub. L. 99-570, title IV, 4004(a), 4007, 100 Stat.
3207-109, 3207-115.)
1986 -- Subsec. (b). Pub. L. 99-570, 4007, inserted ''applications
made for'' before ''grants, cooperative'' in introductory text.
1985 -- Subsec. (e). Pub. L. 99-158 added subsec. (e).
/1/ So in original. Probably should be capitalized.
42 USC 290aa-6. Office for Substance Abuse Prevention
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; Director
There is established in the Administration an Office for Substance
Abuse Prevention (hereafter in this part referred to as the ''Office'').
The Office shall be headed by a Director appointed by the Secretary
from individuals with extensive experience or academic qualifications in
the prevention of drug or alcohol abuse.
(b) Duties of Director
The Director of the Office shall --
(1) sponsor regional workshops on the prevention of drug and alcohol
abuse;
(2) coordinate the findings of research sponsored by agencies of the
Service on the prevention of drug and alcohol abuse;
(3) develop effective drug and alcohol abuse prevention literature
(including literature on the adverse effects of cocaine free base (known
as ''crack''));
(4) in cooperation with the Secretary of Education, assure the
widespread dissemination of prevention materials among States, political
subdivisions, and school systems;
(5) support clinical training programs for substance abuse counselors
and other health professionals involved in drug abuse education,
prevention, and intervention;
(6) in cooperation with the Director of the Centers for Disease
Control, develop educational materials to reduce the risks of acquired
immune deficiency syndrome among intravenous drug abusers;
(7) conduct training, technical assistance, data collection, and
evaluation activities of programs supported under the Drug Free Schools
and Communities Act of 1986 (20 U.S.C. 3171 et seq.);
(8) support the development of model, innovative, community-based
programs to discourage alcohol and drug abuse among young people;
(9) prepare for distribution documentary films and public service
announcements for television and radio to educate the public concerning
the dangers to health resulting from the consumption of alcohol and
drugs and, to the extent feasible, use appropriate private organizations
and business concerns in the preparation of such announcements;
(10)(A) provide assistance to communities to develop comprehensive
long-term strategies for the prevention of substance abuse; and
(B) evaluate the success of different community approaches toward the
prevention of substance abuse;
(11) through schools of health professions, schools of allied health
professions, schools of nursing, and schools of social work, carry out
programs --
(A) to train individuals in the diagnosis and treatment of alcohol
and drug abuse; and
(B) to develop appropriate curricula and materials for the training
described in subparagraph (A); and
(12) develop and support innovative demonstration programs designed
to identify and deter the improper use or abuse of anabolic steroids by
students, especially students in secondary schools.
(c) Grants, contracts and cooperative agreements
The Director may make grants and enter into contracts and cooperative
agreements in carrying out subsection (b) of this section.
(d) Availability of funds
(1) For the purpose of carrying out this section and sections
290aa-7, 290aa-8, and 290aa-13 of this title, there are authorized to be
appropriated $95,000,000 for fiscal year 1989 and such sums as may be
necessary for each of the fiscal years 1990 and 1991.
(2) Of the amounts appropriated pursuant to paragraph (1) for a
fiscal year, the Secretary shall make available not less than $5,000,000
to carry out paragraphs (5) and (11) of subsection (b) of this section.
(July 1, 1944, ch. 373, title V, 508, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 4005(a), 100 Stat. 3207-111, and amended Nov. 18,
1988, Pub. L. 100-690, title II, 2051(a)-(c), 102 Stat. 4206; Aug.
16, 1989, Pub. L. 101-93, 3(a), 103 Stat. 609; Nov. 29, 1990, Pub. L.
101-647, title XIX, 1906, 104 Stat. 4854.)
The Drug-Free Schools and Communities Act of 1986, referred to in
subsec. (b)(7), is title V of Pub. L. 89-10 as added by Pub. L.
100-297, title I, 1001, Apr. 28, 1988, 102 Stat. 252, which is
classified generally to subchapter V ( 3171 et seq.) of chapter 47 of
Title 20, Education. For complete classification of this Act to the
Code, see section 3171 of Title 20 and Tables.
1990 -- Subsec. (b)(12). Pub. L. 101-647 added par. (12).
1989 -- Subsec. (b)(11)(B). Pub. L. 101-93, 3(a)(2), substituted
''subparagraph (A)'' for ''subparagraph (a)''.
Subsec. (d)(1). Pub. L. 101-93, 3(a)(1), inserted a comma after
''290aa-13 of this title''.
1988 -- Subsec. (b)(5). Pub. L. 100-690, 2051(b)(1), amended par.
(5) generally. Prior to amendment, par. (5) read as follows:
''support programs of clinical training of substance abuse counselors
and other health professionals;''.
Subsec. (b)(10). Pub. L. 100-690, 2051(b)(2) added par. (10).
Subsec. (b)(11). Pub. L. 100-690, 2051(c), added par. (11).
Subsec. (d). Pub. L. 100-690, 2051(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ''Of the
amounts available under the second sentence of section 300y(a) of this
title to carry out this section and section 290aa-8 of this title,
$20,000,000 shall be available to carry out section 290aa-8 of this
title.''
42 USC 290aa-7. Alcohol and Drug Abuse Information Clearinghouse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, through the Director of the Office, shall establish a
clearinghouse for alcohol and drug abuse information to assure the
widespread dissemination of such information to States, political
subdivisions, educational agencies and institutions, health and drug
treatment and rehabilitation networks, and the general public. The
clearinghouse shall --
(1) disseminate publications by the National Institute on Alcohol
Abuse and Alcoholism, the National Institute on Drug Abuse, and the
Department of Education concerning alcohol abuse and drug abuse;
(2) disseminate accurate information concerning the health effects of
alcohol abuse and drug abuse;
(3) collect and disseminate information concerning successful alcohol
abuse and drug abuse education and prevention curricula; and
(4) collect and disseminate information on effective and ineffective
school-based alcohol abuse and drug abuse education and prevention
programs, particularly effective programs which stress that the use of
illegal drugs and the abuse of alcohol is wrong and harmful.
(July 1, 1944, ch. 373, title V, 509, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 4005(a), 100 Stat. 3207-112.)
42 USC 290aa-8. Prevention, treatment, and rehabilitation model
projects for high risk youth
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grants to public and nonprofit private entities
The Secretary, through the Director of the Office, shall make grants
to public and nonprofit private entities for projects to demonstrate
effective models for the prevention, treatment, and rehabilitation of
drug abuse and alcohol abuse among high risk youth.
(b) Priority of projects
(1) In making grants for drug abuse and alcohol abuse prevention
projects under this section, the Secretary shall give priority to
applications for projects directed at children of substance abusers,
latchkey children, children at risk of abuse or neglect, preschool
children eligible for services under the Head Start Act (42 U.S.C. 9831
et seq.), children at risk of dropping out of school, children at risk
of becoming adolescent parents, and children who do not attend school
and who are at risk of being unemployed.
(2) In making grants for drug abuse and alcohol abuse treatment and
rehabilitation projects under this section, the Secretary shall give
priority to projects which address the relationship between drug abuse
or alcohol abuse and physical child abuse, sexual child abuse, emotional
child abuse, dropping out of school, unemployment, delinquency,
pregnancy, violence, suicide, or mental health problems.
(3) In making grants under this section, the Secretary shall give
priority to applications from community based organizations for projects
to develop innovative models with multiple, coordinated services for the
prevention or for the treatment and rehabilitation of drug abuse or
alcohol abuse by high risk youth.
(4) In making grants under this section, the Secretary shall give
priority to applications for projects to demonstrate effective models
with multiple, coordinated services which may be replicated and which
are for the prevention or for the treatment and rehabilitation of drug
abuse or alcohol abuse by high risk youth.
(5) In making grants under this section, the Secretary shall give
priority to applications that employ research designs adequate for
evaluating the effectiveness of the program.
(c) Regionally equal distribution of grants
To the extent feasible, the Secretary shall make grants under this
section in all regions of the United States, and shall ensure the
distribution of grants under this section among urban and rural areas.
(d) Application for grants
In order to receive a grant for a project under this section for a
fiscal year, a public or nonprofit private entity shall submit an
application to the Secretary, acting through the Office. The Secretary
may provide to the Governor of the State the opportunity to review and
comment on such application. Such application shall be in such form,
shall contain such information, and shall be submitted at such time as
the Secretary may by regulation prescribe.
(e) Evaluation of projects
The Director of the Office shall evaluate projects conducted with
grants under this section.
(f) ''High risk youth'' defined
For purposes of this section, the term ''high risk youth'' means an
individual who has not attained the age of 21 years, who is at high risk
of becoming, or who has become, a drug abuser or an alcohol abuser, and
who --
(1) is identified as a child of a substance abuser;
(2) is a victim of physical, sexual, or psychological abuse;
(3) has dropped out of school;
(4) has become pregnant;
(5) is economically disadvantaged;
(6) has committed a violent or delinquent act;
(7) has experienced mental health problems;
(8) has attempted suicide;
(9) has experienced long-term physical pain due to injury; or
(10) has experienced chronic failure in school.
(July 1, 1944, ch. 373, title V, 509A, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 4005(a), 100 Stat. 3207-113, and amended Nov. 18,
1988, Pub. L. 100-690, title II, 2051(d), 102 Stat. 4206.)
The Head Start Act, referred to in subsec. (b)(1), is subchapter B (
635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35,
Aug. 13, 1981, 95 Stat. 499, as amended, which is classified generally
to subchapter II ( 9831 et seq.) of chapter 105 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 9801 of this title and Tables.
1988 -- Subsec. (b)(5). Pub. L. 100-690, 2051(d)(1), added par.
(5).
Subsec. (f)(9). Pub. L. 100-690, 2051(d)(2)(B), amended par. (9)
generally, substituting ''has experienced long-term physical pain due to
injury; or'' for ''is disabled by injuries.''
Subsec. (f)(10). Pub. L. 100-690, 2051(d)(2)(C), added par. (10).
42 USC 290aa-9. Research on public health emergencies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) If the Secretary determines, after consultation with the
Administrator, the Commissioner of Food and Drugs, or the Director of
the Centers for Disease Control, that a disease or disorder within the
jurisdiction of an Institute of the Administration constitutes a public
health emergency, the Secretary, acting through the Administrator --
(1) shall expedite the review by advisory councils and by peer review
groups of applications for grants for research on such disease or
disorder or proposals for contracts for such research;
(2) shall exercise the authority in section 5 of title 41 respecting
public exigencies to waive the advertising requirements of such section
in the case of proposals for contracts for such research;
(3) may provide administrative supplemental increases in existing
grants and contracts to support new research relevant to such disease or
disorder; and
(4) shall disseminate, to health professionals and the public,
information on the cause, prevention, and treatment of such disease or
disorder that has been developed in research assisted under this
section.
The amount of an increase in a grant or contract provided under
paragraph (3) may not exceed one-half the original amount of the grant
or contract.
(b) Not later than 90 days after the end of a fiscal year, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Labor and Human Resources
of the Senate on actions taken under subsection (a) of this section in
such fiscal year if any actions were taken under such subsection in such
fiscal year.
(July 1, 1944, ch. 373, title V, 509B, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 4006, 100 Stat. 3207-114.)
42 USC 290aa-10. Animals in research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Guidelines for care and treatment of animals
The Secretary, acting through the Administrator, shall establish
guidelines for the following:
(1) The proper care of animals to be used in research conducted by
and through agencies of the Administration.
(2) The proper treatment of animals while being used in such
research. Guidelines under this paragraph shall require --
(A) the appropriate use of tranquilizers, analgesics, anesthetics,
paralytics, and euthanasia for animals in such research; and
(B) appropriate pre-surgical and post-surgical veterinary medical and
nursing care for animals in such research.
Such guidelines shall not be construed to prescribe methods of
research.
(3) The organization and operation of animal care committee in
accordance with subsection (b) of this section.
(b) Presence of animal care committees at research entities;
appointment of committees
(1) Guidelines of the Secretary under subsection (a)(3) of this
section shall require animal care committees at each entity which
conducts research with funds provided under this subchapter to assure
compliance with the guidelines established under subsection (a) of this
section.
(2) Each animal care committee shall be appointed by the chief
executive officer of the entity for which the committee is established,
shall be composed of not fewer than three members, and shall include at
least one individual who has no association with such entity and at
least one doctor of veterinary medicine.
(c) Duties of animal care committee
Each animal care committee of a research entity shall --
(1) review the care and treatment of animals in all animal study
areas and facilities of the research entity at least semiannually to
evaluate compliance with applicable guidelines established under
subsection (a) of this section for appropriate animal care and
treatment;
(2) keep appropriate records of reviews conducted under paragraph
(1); and
(3) for each review conducted under paragraph (1), file with the
Administrator at least annually (A) a certification that the review has
been conducted, and (B) report of any violations of guidelines
established under subsection (a) of this section or of assurances
required under subsection (d) of this section which were observed in
such review and which have continued after notice by the committee to
the research entity involved of the violations.
Reports filed under paragraph (3) shall include any minority views
filed by members of the committee.
(d) Assurances of compliance with animal treatment guidelines in
applications for grants, contracts, or cooperative agreements;
promulgation of regulations
The Administrator shall require each applicant for a grant, contract,
or cooperative agreement involving research on animals which is
administered by the Administrator or any agency of the Administration to
include in its application or contract proposal, submitted after the
expiration of the 12-month period beginning on October 27, 1986 --
(1) assurances satisfactory to the Administrator that --
(A) the applicant meets the requirements of the guidelines
established under paragraph (1) and (2) of subsection (a) of this
section and has an animal care committee which meets the requirements of
subsection (b) of this section; and
(B) scientists, animal technicians, and other personnel involved with
animal care, treatment, and use by the applicant have available to them
instruction or training in the humane practice of animal maintenance and
experimentation, and the concept, availability, and use of research or
testing methods that limit the use of animals or limit animal distress;
and
(2) a statement of the reasons for the use of animals in the research
to be conducted with funds provided under such grant or contract.
Notwithstanding subsection (a)(2) of section 553 of title 5,
regulations under this subsection shall be promulgated in accordance
with the notice and comment requirements of such section.
(e) Revocation of contract or grant upon noncompliance with animal
treatment guidelines
If the Administrator determines that --
(1) the conditions of animal care, treatment, or use in an entity
which is receiving a grant, contract, or cooperative agreement involving
research on animals under this subchapter do not meet applicable
guidelines established under subsection (a) of this section;
(2) the entity has been notified by the Administrator of such
determination and has been given a reasonable opportunity to take
corrective action; and
(3) no action has been taken by the entity to correct such
conditions;
the Administrator shall suspend or revoke such grant or contract
under such conditions as the Administrator determines appropriate.
(f) Disclosure of trade secrets or commercial or financial
information
No guideline or regulation promulgated under subsection (a) or (c) of
this section may require a research entity to disclose publicly trade
secrets or commercial or financial information which is privileged or
confidential.
(July 1, 1944, ch. 373, title V, 509C, as added Oct. 27, 1986, Pub.
L. 99-570, title IV, 420 (4020), 100 Stat. 3207-122.)
42 USC 290aa-11. Data collection
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Requirement of annual collection of data on mental illness and
substance abuse
The Secretary, acting through the Administrator, shall collect data
each year on --
(1) the national incidence and prevalence of the various forms of
mental illness and substance abuse; and
(2) the incidence and prevalence of such various forms in major
metropolitan areas selected by the Administrator.
(b) Requisite areas of data collection on mental health
With respect to the activities of the Administrator under subsection
(a) of this section relating to mental health, the Administrator shall
ensure that such activities include, at a minimum, the collection of
data on --
(1) the number and variety of public and nonprofit private treatment
programs;
(2) the number and demographic characteristics of individuals
receiving treatment through such programs;
(3) the type of care received by such individuals; and
(4) such other data as may be appropriate.
(c) Requisite areas of data collection on substance abuse
(1) With respect to the activities of the Administrator under
subsection (a) of this section relating to substance abuse, the
Administrator shall ensure that such activities include, at a minimum,
the collection of data on --
(A) the number of individuals admitted to the emergency rooms of
hospitals as a result of the abuse of alcohol or other drugs;
(B) the number of deaths occurring as a result of substance abuse, as
indicated in reports by coroners;
(C) the number and variety of public and private nonprofit treatment
programs, including the number and type of patient slots available;
(D) the number of individuals seeking treatment through such
programs, the number and demographic characteristics of individuals
receiving such treatment, the percentage of individuals who complete
such programs, and, with respect to individuals receiving such
treatment, the length of time between an individual's request for
treatment and the commencement of treatment;
(E) the number of such individuals who return for treatment after the
completion of a prior treatment in such programs and the method of
treatment utilized during the prior treatment;
(F) the number of individuals receiving public assistance for such
treatment programs;
(G) the costs of the different types of treatment modalities for drug
and alcohol abuse and the aggregate relative costs of each such
treatment modality provided within a State in each fiscal year;
(H) to the extent of available information, the number of individuals
receiving treatment for alcohol or drug abuse who have private insurance
coverage for the costs of such treatment;
(I) the extent of alcohol and drug abuse among high school students
and among the general population; and
(J) the number of alcohol and drug abuse counselors and other
substance abuse treatment personnel employed in public and private
treatment facilities.
(2) Annual surveys shall be carried out in the collection of data
under this subsection. Summaries and analyses of the data collected
shall be made available to the public.
(d) Development of uniform criteria for data collection
After consultation with the States and with appropriate national
organizations, the Administrator shall develop uniform criteria for the
collection of data, using the best available technology, pursuant to
this section.
(July 1, 1944, ch. 373, title V, 509D, as added Nov. 18, 1988, Pub.
L. 100-690, title II, 2052(a), 102 Stat. 4207, and amended Aug. 16,
1989, Pub. L. 101-93, 3(b), 103 Stat. 609.)
1989 -- Subsec. (c)(1)(A). Pub. L. 101-93, 3(b)(1), substituted
''alcohol or'' for ''alcohol and''.
Subsec. (c)(2). Pub. L. 101-93, 3(b)(2), substituted ''this
subsection'' for ''this section''.
42 USC 290aa-12. Reduction of waiting period for drug abuse treatment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority to make grants to public and nonprofit private entities
The Secretary, acting through the Administrator, may make grants to
public and nonprofit private entities for the purpose of reducing the
waiting period for receiving, with respect to drug abuse, treatment
services from public and nonprofit private providers of such services.
(b) Requisite qualifications of grant applicants
The Secretary may not make a grant under subsection (a) of this
section unless the applicant for the grant --
(1) is experienced in the delivery of treatment services for drug
abuse;
(2) is, on the date the application is submitted, successfully
carrying out a program for the delivery of such services approved by the
State;
(3) as a result of the number of requests for admission into the
program, is unable to admit any individual into the program any earlier
than one month after the date on which the individual makes a request
for such admission; and
(4) provides assurances satisfactory to the Secretary that, after
funding is no longer available under this section, the applicant will
have access to financial resources sufficient to continue the program.
(c) Treatment services to pregnant or postpartum women
Subject to the availability of qualified applicants, the Secretary
shall, in making grant under subsection (a) of this section, give
priority to applicants that will provide, directly or through
arrangements with public or nonprofit private entities, treatment
services for drug abuse to pregnant or postpartum women.
(d) Follow-up services to prevent renewed drug abuse
A grantee under subsection (a) of this section may expend not more
than 50 percent of the grant to develop and provide, directly or through
arrangements with public or nonprofit private entities, follow-up
services to prevent the renewed abuse of drugs by individuals who have
successfully completed, with respect to such abuse, a program of
treatment provided by the grantee.
(e) Prohibited uses of grant funds
The Secretary may not make a grant under subsection (a) of this
section unless the applicant for the grant agrees that the payments will
not be expended --
(1) to provide inpatient hospital services;
(2) to make cash payments to intended recipients of services under
the program involved;
(3) to purchase or improve real property (other than minor remodeling
of existing improvements to real property) or to purchase major medical
equipment;
(4) to satisfy any requirement for the expenditure of non-Federal
funds as a condition for the receipt of Federal funds; or
(5) to provide financial assistance to any entity other than a public
or nonprofit private entity.
(f) Requisite content of application
The Secretary may not make a grant under subsection (a) of this
section unless --
(1) an application for the grant is submitted to the Secretary;
(2) with respect to carrying out the purpose for which the grant is
to be made, the application provides assurances of compliance
satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
(g) Authorization of appropriations
(1) In addition to amounts otherwise appropriated to carry out this
section prior to fiscal year 1991, there are authorized to be
appropriated an additional $40,000,000 to carry out this section.
(2) Amounts made available pursuant to paragraph (1) shall remain
available until expended.
(3) No grant may be made under this section after the aggregate
amounts obligated by the Secretary pursuant to this section are equal to
$140,000,000.
(July 1, 1944, ch. 373, title V, 509E, as added Nov. 18, 1988, Pub.
L. 100-690, title II, 2053, 102 Stat. 4208, and amended Aug. 16, 1989,
Pub. L. 101-93, 3(c), 103 Stat. 610; Aug. 15, 1990, Pub. L. 101-374,
2(a)-(c)(2), 104 Stat. 456.)
1990 -- Subsec. (a). Pub. L. 101-374, 2(a), substituted ''the
waiting period for receiving, with respect to drug abuse, treatment
services from public and nonprofit private providers of such services''
for ''the waiting list of public and nonprofit private programs
providing treatment services for drug abuse''.
Subsecs. (c) to (g). Pub. L. 101-374, 2(b), added subsecs. (c) and
(d), redesignated former subsecs. (c), (e), and (f) as (e), (f), and
(g), respectively, and struck out former subsec. (d) which read as
follows: ''With respect to a public or nonprofit private entity, the
Secretary may not, under subsection (a) of this section, make more than
one grant to the entity.''
Subsec. (g)(1). Pub. L. 101-374, 2(c)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''For the
purpose of carrying out this section, there is authorized to be
appropriated $100,000,000.''
Subsec. (g)(3). Pub. L. 101-374, 2(c)(2), substituted
''$140,000,000'' for ''$100,000,000''.
1989 -- Subsec. (d). Pub. L. 101-93 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''The Secretary may
not make more than one grant under subsection (a) of this section for
any program of treatment services for drug abuse.''
Section 2(e) of Pub. L. 101-374 provided that: ''This section and
the amendments made by this section (amending this section) shall take
effect upon the date of the enactment of this Act (Aug. 15, 1990).''
42 USC 290aa-13. Model projects for pregnant and post partum women and
their infants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority to make project grants
The Secretary, acting through the Director of the Office, shall make
grants to establish projects for prevention, education, and treatment
regarding drug and alcohol abuse relating to pregnant and post partum
women and their infants.
(b) Priority projects
In making grants under subsection (a) of this section, the Director
of the Office shall give priority to projects --
(1) for low-income women and their infants; and
(2) designed to develop innovative approaches to prevention,
education, and treatment regarding the use of the drugs with respect to
which there exists insufficient information (including cocaine and the
cocaine derivative known as crack).
(c) Distribution of grants
In making grants under subsection (a) of this section for projects
that provide treatment, the Director of the Office shall ensure that
grants are reasonably distributed among projects that provide inpatient,
outpatient, and residential treatment.
(d) Requisite content of application
The Director of the Office may not make a grant under subsection (a)
of this section unless --
(1) an application for the grant is submitted to the Secretary;
(2) with respect to carrying out the purpose for which the grant is
to be made, the application provides assurances of compliance
satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information as the
Director of the Office determines to be necessary to carry out this
section.
(e) Project evaluation
The Director of the Office shall evaluate projects conducted with
grants under this section.
(July 1, 1944, ch. 373, title V, 509F, as added Nov. 18, 1988, Pub.
L. 100-690, title II, 2054, 102 Stat. 4209.)
42 USC 290aa-14. Drug abuse demonstration projects of national
significance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority to make grants to public and private entities
(1) The Secretary, acting through the Administrator, may make grants
to public and private entities for demonstration projects --
(A) to determine the feasibility and long-term efficacy of programs
providing drug abuse treatment and vocational training in exchange for
public service;
(B) to conduct outreach activities to intravenous drug abusers with
respect to the prevention of exposure to, and the transmission of, the
etiologic agent for acquired immune deficiency syndrome and to encourage
intravenous drug abusers to seek treatment for such abuse; and
(C) to provide drug abuse treatment services to pregnant women, post
partum women, and their infants.
(2) The Secretary shall, directly or through contracts with public
and private entities, provide for evaluations of projects carried out
pursuant to paragraph (1) and for the dissemination of information
developed as a result of such models.
(b) Requisite qualifications of grant recipients and projects
(1) The Secretary shall establish demonstration projects that provide
grants to States for the purpose of enabling such States to provide
effective treatment, and referrals for treatment, to individuals who
abuse drugs.
(2) The Secretary shall award grants under paragraph (1) to projects
that operate in areas --
(A) in which a demand for drug treatment services exists, or a need
for such services exists which exceeds the capacity of organizations
operating in that area to provide such services;
(B) that have a high prevalence of drug abuse;
(C) that have a high incidence of drug related criminal activities;
and
(D) that meet any other requirements that the Secretary determines
are appropriate.
(3) In awarding grants under paragraph (1), the Secretary shall --
(A) select projects that focus on at least one of the following areas
of treatment:
(i) treatment of adolescents;
(ii) treatment of minorities;
(iii) treatment of pregnant women;
(iv) treatment of female addicts and their children; and
(v) treatment of the residents of public housing projects; and
(B) select at least one project that includes a centralized local
referral unit that shall provide --
(i) an initial analysis of the nature of the individual's problem and
refer such individual to appropriate existing drug treatment programs;
and
(ii) assistance to school teachers and other individuals who come
into contact with drug abusers when attempting to refer such abusers to
appropriate drug treatment programs.
(4) A State that desires to participate in a project established
under paragraph (1) shall submit a written application to the Secretary
in such form and containing such information as the Secretary may
request.
(5) In awarding grants under paragraph (1), the Secretary shall give
preference to projects that demonstrate a comprehensive approach to the
problems associated with drug abuse and provide evidence of broad
community involvement and support, including the support of private
businesses, law enforcement authorities, health care providers, local
school systems, and local governments in the proposed demonstration
project.
(6) Projects funded under paragraph (1) shall be for a period of at
least three years but in no event to exceed five years.
(7) The Secretary shall require, as a condition of awarding grants
under paragraph (1), a systematic evaluation of the projects funded
under such paragraph on a long term basis to record the impact of such
projects on treated individuals, and on the community as a whole. The
methodology used in the evaluation shall be published in the Federal
Register for comment before becoming effective.
(c) Authorization of appropriations
(1) There are authorized to be appropriated to carry out this section
$34,000,000 for fiscal year 1989, and such sums as may be necessary for
each of the fiscal years 1990 through 1991.
(2) Of the amounts appropriated pursuant to paragraph (1) for a
fiscal year, $10,000,000 shall be made available for carrying out
subsection (a) of this section.
(July 1, 1944, ch. 373, title V, 509G, as added Nov. 18, 1988, Pub.
L. 100-690, title II, 2055, 102 Stat. 4210, and amended Aug. 16, 1989,
Pub. L. 101-93, 3(d), 103 Stat. 610.)
1989 -- Subsec. (a)(2). Pub. L. 101-93, 3(d)(1), substituted
''paragraph (1)'' for ''subsection (a) of this section'' and ''as a
result'' for ''as result''.
Subsec. (b)(2), (3). Pub. L. 101-93, 3(d)(2)(A), (B), substituted
''paragraph (1)'' for ''subsection (a) of this section''.
Subsec. (b)(4). Pub. L. 101-93, 3(d)(2)(C), substituted ''paragraph
(1)'' for ''subsection (a) of this section'' and ''may request'' for
''may by regulation request''.
Subsec. (b)(5). Pub. L. 101-93, 3(d)(2)(D), substituted ''paragraph
(1)'' for ''subsection (a) of this section''.
Subsec. (b)(6). Pub. L. 101-93, 3(d)(2)(E), substituted ''paragraph
(1)'' for ''this section''.
Subsec. (b)(7). Pub. L. 101-93, 3(d)(2)(F), substituted ''grants
under paragraph (1)'' for ''grants under this section'' and ''funded
under such paragraph'' for ''funded under this section''.
42 USC Part B -- Research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC subpart 1 -- alcohol abuse and alcoholism
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290bb. Encouragement of research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) The Secretary, acting through the National Institute on Alcohol
Abuse and Alcoholism (hereinafter in this subpart referred to as the
''Institute''), shall carry out a program of research, investigations,
experiments, and studies, directly and by grant or contract, into --
(1) the social, behavioral, and biomedical etiology,
(2) prevention,
(3) treatment,
(4) mental and physical health consequences,
(5) social and economic consequences, and
(6) the impact on families,
of alcohol abuse and alcoholism.
(b) In carrying out the program described in subsection (a) of this
section, the Secretary, acting through the Institute, is authorized to
--
(1) collect and disseminate through publications and other
appropriate means (including the development of curriculum materials),
information as to, and the practical application of, the research and
other activities under the program;
(2) make available research facilities of the Public Health Service
to appropriate public authorities, and to health officials and
scientists engaged in special study;
(3) make grants to universities, hospitals, laboratories, and other
public or nonprofit institutions, and to individuals for such research
projects as are recommended by the National Advisory Council on Alcohol
Abuse and Alcoholism, giving special consideration to projects relating
to --
(A) the relationship between alcohol abuse and domestic violence,
(B) the effects of alcohol use during pregnancy,
(C) the impact of alcoholism and alcohol abuse on the family, the
workplace, and systems for the delivery of health services,
(D) the relationship between the abuse of alcohol and other drugs,
(E) the effect on the incidence of alcohol abuse and alcoholism of
social pressures, legal requirements respecting the use of alcoholic
beverages, the cost of such beverages, and the economic status and
education of users of such beverages,
(F) the interrelationship between alcohol use and other health
problems,
(G) the comparison of the cost and effectiveness of various treatment
methods for alcoholism and alcohol abuse and the effectiveness of
prevention and intervention programs for alcoholism and alcohol abuse,
(H) alcoholism and alcohol abuse among women. /1/
(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) promote the coordination of research programs conducted by the
Institute, and similar programs conducted by the National Institute of
Drug Abuse and by other departments, agencies, organizations, and
individuals, including all National Institutes of Health research
activities which are or may be related to the problems of individuals
suffering from alcoholism or alcohol abuse or those of their families or
the impact of alcohol abuse on other health problems;
(6) conduct an intramural program of biomedical, behavioral,
epidemiological, and social research, including research into the most
effective means of treatment and service delivery, and including
research involving human subjects, which is --
(A) located in an institution capable of providing all necessary
medical care for such human subjects, including complete 24-hour medical
diagnostic services by or under the supervision of physicians, acute and
intensive medical care, including 24-hour emergency care, psychiatric
care, and such other care as is determined to be necessary for
individuals suffering from alcoholism and alcohol abuse; and
(B) associated with an accredited medical or research training
institution;
(7) for purposes of study, admit and treat at institutions,
hospitals, and stations of the Public Health Service, persons not
otherwise eligible for such treatment;
(8) provide to health officials, scientists, and appropriate public
and other nonprofit institutions and organizations, technical advice and
assistance on the application of statistical and other scientific
research methods to experiments, studies, and surveys in health and
medical fields;
(9) enter into contracts under this subchapter without regard to
section 3324(a) and (b) of title 31 and section 5 of title 41; and
(10) adopt, upon recommendation of the National Advisory Council on
Alcohol Abuse and Alcoholism, such additional means as he deems
necessary or appropriate to carry out the purposes of this section.
(July 1, 1944, ch. 373, title V, 510, formerly Pub. L. 91-616, title
V, 501, as added Pub. L. 94-371, 7, July 26, 1976, 90 Stat. 1038, and
amended Pub. L. 95-622, title II, 268(c), (d), Nov. 9, 1978, 92 Stat.
3437; Pub. L. 96-180, 14, Jan. 2, 1980, 93 Stat. 1305; renumbered
510 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24,
2(b)(9), 97 Stat. 179; Oct. 19, 1984, Pub. L. 98-509, title II,
205(a)(1), 206(c)(1), 98 Stat. 2361, 2362.)
In subsec. (b)(9), ''section 3324(a) and (b) of title 31''
substituted for reference to section 3648 of the Revised Statutes (31
U.S.C. 529) on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Section was formerly classified to section 4585 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 510 of act July 1, 1944, which was classified to
section 228 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-7 of this title.
1984 -- Subsec. (a). Pub. L. 98-509, 206(c)(1), struck out
''demonstrations,'' after ''investigations, experiments,''.
Subsec. (b)(3)(H). Pub. L. 98-509, 205(a)(1), added subpar. (H).
1983 -- Pub. L. 98-24, 2(b)(9), renumbered section 4585 of this
title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(9)(A)(i), substituted ''the
National Institute on Alcohol Abuse and Alcoholism (hereinafter in this
subpart referred to as the 'Institute')'' for ''the Institute''.
Subsec. (b)(1). Pub. L. 98-24, 2(b)(9)(A)(ii), substituted
''disseminate through publications and other appropriate means
(including the development of curriculum materials)'' for ''make
available through publications and other appropriate means''.
Subsec. (b)(3). Pub. L. 98-24, 2(b)(9)(A)(iii), substituted subpars.
(A) to (G) for direction for such Council to give special consideration
to projects relating to the relationship between alcohol abuse and
domestic violence, the effects of alcohol use during pregnancy, the
relationship between the abuse of alcohol and other drugs, and the
effect on the incidence of alcohol abuse and alcoholism of social
pressures, legal requirements respecting the use of alcoholic beverages,
the cost of such beverages, and the economic status and education of
users of such beverages.
Subsec. (b)(5). Pub. L. 98-24, 2(b)(9)(A)(iv), inserted ''or the
impact of alcohol abuse on other health problems'' after ''families''.
1980 -- Subsec. (a). Pub. L. 96-180, 14(a), provided as to alcohol
abuse and alcoholism provision in par. (1) for its social etiology,
added par. (2) for its prevention, and redesignated former pars. (2)
to (5) as (3) to (6), respectively.
Subsec. (b). Pub. L. 96-180, 14(b), required in par. (3) the
Council to give special consideration to relationship of alcohol use and
abuse and domestic violence, pregnancy, etc.; extended in par. (5)
coordination of research programs to programs conducted by the National
Institute of Drug Abuse and similar programs of other departments;
authorized in par. (6) intramural program of epidemiological and social
research; and provided in par. (8) for technical advice and assistance
on application of methods of scientific research.
1978 -- Subsec. (a). Pub. L. 95-622, 268(c), in pars. (1) to (4)
struck out ''of'' after ''etiology'', ''treatment'', ''health
consequences'', and ''economic consequences'', respectively, added par.
(5), and in provision following par. (5) substituted ''of alcohol
abuse'' for ''alcohol abuse''.
Subsec. (b)(5). Pub. L. 95-622, 268(d), inserted ''or those of their
families'' after ''individuals suffering from alcoholism or alcohol
abuse''.
Pub. L. 99-570, title IV, 4022, Oct. 27, 1986, 100 Stat. 3207-124,
provided that:
''(a) In General. -- The Secretary of Health and Human Services,
acting through the Director of the National Institute on Alcohol Abuse
and Alcoholism and in accordance with subsection (b), shall arrange for
the conduct of a study to --
''(1) critically review available research knowledge and experience
in the United States and other countries regarding alternative
approaches and mechanisms (including statutory and voluntary mechanisms)
for the provision of alcoholism and alcohol abuse treatment and
rehabilitative services,
''(2) assess available evidence concerning comparative costs,
quality, effectiveness, and appropriateness of alcoholism and alcohol
abuse treatment and rehabilitative service alternatives,
''(3) review the state of financing alternatives available to the
public, including an analysis of policies and experiences of third party
insurers and State and municipal governments, and
''(4) consider and make recommendations for policies and programs of
research, planning, administration, and reimbursement for the treatment
and rehabilitation of individuals suffering from alcoholism and alcohol
abuse.
''(b) Arrangements. --
''(1) The Secretary shall request the National Academy of Sciences to
conduct the study described in subsection (a) under an arrangement under
which the actual expenses incurred by the Academy in conducting the
study will be paid by the Secretary and with the consent of the Academy
the Secretary shall enter into such arrangement.
''(2) Under the arrangement entered into under paragraph (1), the
National Academy of Sciences shall agree to --
''(A) conduct the study in consultation with the Director of the
National Institute on Alcohol Abuse and Alcoholism, and
''(B) submit to the Secretary not later than 24 months after the date
the arrangement is entered into a final report on the study.
The Secretary shall transmit the final report of the Academy to
Congress not later than 30 days after the date the Secretary receives
the report.''
/1/ So in original. The period probably should be a semicolon.
42 USC 290bb-1. National Alcohol Research Centers; mandatory grant
for research of effects of alcohol on elderly
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Designation; procedures applicable for approval of applications
The Secretary acting through the Institute may designate National
Alcohol Research Centers for the purpose of interdisciplinary research
relating to alcoholism and other biomedical, behavioral, and social
issues related to alcoholism and alcohol abuse. No entity may be
designated as a Center unless an application therefor has been submitted
to, and approved by, the Secretary. Such an application shall be
submitted in such manner and contain such information as the Secretary
may reasonably require. The Secretary may not approve such an
application unless --
(1) the application contains or is supported by reasonable assurances
that --
(A) the applicant has the experience, or capability, to conduct,
through biomedical, behavioral, social, and related disciplines,
long-term research on alcoholism and other alcohol problems and to
provide coordination of such research among such disciplines;
(B) the applicant has available to it sufficient facilities
(including laboratory, reference, and data analysis facilities) to carry
out the research plan contained in the application;
(C) the applicant has facilities and personnel to provide training in
the prevention and treatment of alcoholism and other alcohol problems;
(D) the applicant has the capacity to train predoctoral and
postdoctoral students for careers in research on alcoholism and other
alcohol problems;
(E) the applicant has the capacity to conduct courses on alcohol
problems and research on alcohol problems for undergraduate and graduate
students, and for medical and osteopathic, nursing, social work, and
other specialized graduate students; and
(F) the applicant has the capacity to conduct programs of continuing
education in such medical, legal, and social service fields as the
Secretary may require.
(2) the application contains a detailed five-year plan for research
relating to alcoholism and other alcohol problems.
(b) Annual grants; amount; limitation on uses
The Secretary shall, under such conditions as the Secretary may
reasonably require, make annual grants to Centers which have been
designated under this section. No funds provided under a grant under
this subsection may be used for the purchase of any land or the
purchase, construction, preservation, or repair of any building. For
the purposes of the preceding sentence, the term ''construction'' has
the meaning given that term by section 292a(2) of this title. The
Secretary shall include in the grants made under this section for fiscal
years beginning after September 30, 1981, a grant to a designated Center
for research on the effects of alcohol on the elderly.
(July 1, 1944, ch. 373, title V, 511, formerly Pub. L. 91-616, title
V, 503, formerly 504, as added Pub. L. 94-371, 7, July 26, 1976, 90
Stat. 1039, and amended Pub. L. 95-622, title I, 110(d), Nov. 9, 1978,
92 Stat. 3420; Pub. L. 96-180, 16, Jan. 2, 1980, 93 Stat. 1305;
renumbered 503 of Pub. L. 91-616 and amended Pub. L. 97-35, title IX,
965(b), (c), Aug. 13, 1981, 95 Stat. 594; renumbered 511 of act July
1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(9), 97 Stat.
179; Oct. 27, 1986, Pub. L. 99-570, title IV, 4008, 100 Stat.
3207-115.)
Section was formerly classified to section 4587 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 511 of act July 1, 1944, which was classified to
section 229 of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-8 of this title.
1986 -- Subsec. (b). Pub. L. 99-570, 4008(1), which directed that
subsec. (b) be amended by striking out ''or rental'' before ''any
land'', was executed by striking out ''or rental'' before ''of any
land'' as the probable intent of Congress.
Pub. L. 99-570, 4008(2), struck out ''rental,'' before ''purchase''.
1983 -- Pub. L. 98-24, 2(b)(9), renumbered section 4587 of this
title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(9)(B)(i), struck out direction
that, insofar as practicable, the Secretary approve applications under
this subsection in a manner resulting in an equitable geographic
distribution of Centers.
Subsec. (b). Pub. L. 98-24, 2(b)(9)(B)(ii), (iii), struck out
provision that no annual grant to any Center might exceed $1,500,000,
and made a technical amendment to reference to section 292a of this
title to reflect the transfer of this section to the Public Health
Service Act.
Subsec. (c). Pub. L. 98-24, 2(b)(9)(B)(iv), struck out subsec. (c)
which authorized $6,000,000 for each of fiscal years ending Sept. 30,
1977, 1978, and 1979, $8,000,000 for fiscal year ending Sept. 30, 1980,
and $9,000,000 for fiscal year ending Sept. 30, 1981.
1981 -- Pub. L. 97-35 transferred text of section 4588 of this title
to this section and, as so transferred, in subsec. (b) inserted
provisions relating to grants made for fiscal years beginning after
Sept. 30, 1981. Former text transferred to section 4588 of this title.
1980 -- Subsec. (a). Pub. L. 96-180, 16(a), substituted: in first
sentence ''biomedical, behavioral, and social issues related to
alcoholism and alcohol abuse'' for ''alcohol problems''; in par.
(1)(B) ''facilities (including laboratory, reference, and data analysis
facilities) to carry out the research plan contained in the
application'' for ''laboratory facilities and reference services
(including reference services that will afford access to scientific
alcohol literature)''; and in par. (1)(E) ''medical and osteopathic,
nursing, social work, and other specialized graduate students; and''
for ''medical and osteopathic students and physicians;'', and added par.
(1)(F).
Subsec. (b). Pub. L. 96-180, 16(b), increased annual grant
limitation to $1,500,000 from $1,000,000.
Subsec. (c). Pub. L. 96-180, 16(c), authorized appropriation of
$8,000,000 and $9,000,000 for fiscal years ending Sept. 30, 1980, and
1981.
1978 -- Subsec. (a). Pub. L. 95-622 inserted provision following
par. (2) relating to approval of applications under this subsection by
the Secretary in a manner which results in equitable geographic
distribution of Centers.
42 USC 290bb-1a. Alcohol abuse and alcoholism demonstration projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Grant authority of Secretary through Director; projects assisted
The Secretary, through the Director, may make grants to public and
nonprofit private entities to support projects --
(1) for the development and demonstration of methods for --
(A) the prevention of alcohol abuse, alcoholism, and other problems
relating to the consumption of alcoholic beverages; and
(B) the treatment and rehabilitation of individuals suffering from
alcohol abuse, alcoholism, or other problems relating to the consumption
of alcoholic beverages; and
(2)(A) which emphasize the development and demonstration of new and
improved methods of treatment, screening, early detection, referral, and
diagnosis of individuals with a risk of developing alcohol abuse,
alcoholism, or other problems relating to the consumption of alcoholic
beverages;
(B) which emphasize the development and demonstration of new and
improved methods of dissemination of knowledge concerning projects
supported under this section and methods developed or demonstrated under
this section; and
(C) which emphasize the development and demonstration of new and
improved methods for the dissemination to the general public of
information on the importance of early detection and prevention of
alcohol abuse, alcoholism, and other problems relating to the
consumption of alcoholic beverages.
(b) Projects dealing with alcohol and drug abuse
A grant may be made under subsection (a) of this section for a
project which meets the requirements of subsection (a) of this section
and also deals with drug abuse.
(c) Grants and contracts for developing and expanding alcohol and
drug abuse treatment services for homeless individuals
(1) The Secretary, acting through the Director of the Institute, may
make grants to, and enter into contracts and cooperative agreements
with, community-based public and private nonprofit entities for the
purpose of developing and expanding alcohol and drug abuse treatment
services for homeless individuals. In carrying out this subsection, the
Director shall consult with the Director of the National Institute on
Drug Abuse.
(2) Amounts paid to a grantee pursuant to paragraph (1) remaining
unobligated at the end of the fiscal year in which the amounts were
received shall remain available to the grantee during the succeeding
fiscal year for the purposes for which the grants were made.
(d) Time limit on receipt of grants
No entity may receive grants under subsection (a) or (c) of this
section for more than three years.
(July 1, 1944, ch. 373, title V, 512, as added Oct. 19, 1984, Pub.
L. 98-509, title II, 206(a), 98 Stat. 2361, and amended July 22, 1987,
Pub. L. 100-77, title VI, 613(a), (b), 101 Stat. 524.)
A prior section 512 of act July 1, 1944, was renumbered section 513
by section 206(a) of Pub. L. 98-509, and is classified to section
290bb-2 of this title.
Another prior section 512 of act July 1, 1944, which was classified
to section 229a of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-9 of this title.
1987 -- Subsecs. (c), (d). Pub. L. 100-77 added subsec. (c),
redesignated former subsec. (c) as (d), and substituted ''subsection
(a) or (c)'' for ''subsection (a)''.
42 USC 290bb-2. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) There are authorized to be appropriated to carry out this subpart
$69,000,000 for fiscal year 1987, and such sums as may be necessary for
each of the fiscal years 1989 through 1991.
(b) There are authorized to be appropriated to carry out section
290bb-1a(c) of this title such sums as may be necessary for each of the
fiscal years 1991 through 1993.
(July 1, 1944, ch. 373, title V, 513, formerly 512, formerly Pub.
L. 91-616, title V, 504, formerly 503, as added Pub. L. 94-371, 7,
July 26, 1976, 90 Stat. 1039, and amended Pub. L. 96-180, 15, Jan. 2,
1980, 93 Stat. 1305; renumbered 504 of Pub. L. 91-616 and amended Pub.
L. 97-35, title IX, 965(a), (c), Aug. 13, 1981, 95 Stat. 594; Pub. L.
97-414, 9(e), Jan. 4, 1983, 96 Stat. 2064; renumbered 512 of act July
1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(9), 97 Stat.
179; renumbered 513 and amended Oct. 19, 1984, Pub. L. 98-509, title
II, 206(a), 207(a), 98 Stat. 2361, 2362; Oct. 27, 1986, Pub. L.
99-570, title IV, 4010(a), 100 Stat. 3207-115; July 22, 1987, Pub. L.
100-77, title VI, 613(c), 101 Stat. 524; Nov. 4, 1988, Pub. L.
100-607, title VIII, 822, 102 Stat. 3171; Nov. 7, 1988, Pub. L.
100-628, title VI, 622, 102 Stat. 3244; Nov. 18, 1988, Pub. L.
100-690, title II, 2056(a), 102 Stat. 4211; Aug. 16, 1989, Pub. L.
101-93, 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645, title
V, 522, 104 Stat. 4734.)
Section was formerly classified to section 4588 of this title prior
to renumbering by Pub. L. 98-24.
A prior section 513 of act July 1, 1944, which was classified to
section 229b of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-10 of this title.
1990 -- Subsec. (b). Pub. L. 101-645 substituted ''such sums as may
be necessary for each of the fiscal years 1991 through 1993'' for
''$14,000,000 for fiscal year 1989, $17,000,000 for fiscal year 1990,
and such sums as may be necessary for fiscal year 1991''.
1989 -- Subsec. (b). Pub. L. 101-93 directed that subsec. (b) of
this section as similarly amended by title VIII of Pub. L. 100-607 and
title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (a). Pub. L. 100-690 inserted provisions authorizing
appropriation of sums necessary for each of fiscal years 1989 through
1991.
Subsec. (b). Pub. L. 100-607 and Pub. L. 100-628 made identical
amendments, amending subsec. (b) generally. Prior to amendment,
subsec. (b) read as follows: ''There is authorized to be appropriated
to carry out section 290bb-1a(c) of this title $10,000,000 for fiscal
year 1987.''
1987 -- Subsec. (a). Pub. L. 100-77 designated existing provisions
as subsec. (a) and added subsec. (b).
1986 -- Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated to carry out this subpart $33,484,000 for fiscal year 1983,
$45,790,000 for fiscal year 1984, $52,000,000 for fiscal year 1985, and
$61,000,000 for fiscal year 1986. Of the funds appropriated under this
section for any fiscal year, not more than 35 per centum may be
obligated for grants under section 290bb-1 of this title.''
1984 -- Pub. L. 98-509, 207(a), inserted provisions authorizing
appropriations of $52,000,000 for fiscal year 1985, and $61,000,000 for
fiscal year 1986.
1983 -- Pub. L. 98-24, 2(b)(9), renumbered section 4588 of this
title as this section.
Pub. L. 98-24, 2(b)(9)(C), amended section generally, striking out
authorizations of $20,000,000 for fiscal year 1977, $24,000,000 for
fiscal year 1978, $28,000,000 for fiscal year 1979, $28,000,000 for
fiscal year 1980, $28,000,000 for fiscal year 1981, and $25,000,000 for
fiscal year 1982, inserting provisions relating to fiscal years 1983 and
1984, and substituting provisions that, of the funds appropriated under
this section for any fiscal year, not more than 35 per centum may be
obligated for grants under section 290bb-1 of this title, for provision
that, of the funds appropriated for any fiscal year beginning after
Sept. 30, 1981, not more than 35 per centum might be obligated for
grants under section 4587 of this title.
Pub. L. 97-414 amended directory language of Pub. L. 97-35, 965(a),
to strike out provisions inserting ''(a)'' before ''There are
authorized''.
1981 -- Pub. L. 97-35 transferred text of section 4587 of this title
to this section and, as so transferred, inserted ''(a)'' before ''There
are authorized'', inserted provisions respecting appropriations for
fiscal year ending Sept. 30, 1982, and obligation of funds, and
substituted reference to this subchapter (section 4581 et seq. of this
title), for reference to sections 4585 and 4586 of this title. Former
text transferred to section 4587 of this title.
1980 -- Pub. L. 96-180 authorized appropriation of $28,000,000 for
fiscal years ending Sept. 30, 1980, and 1981.
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC subpart 2 -- drug abuse research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290cc. Encouragement of research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Duty of Director; clinical research facilities
The Director of the National Institute on Drug Abuse shall encourage
and promote (by grants, contracts, or otherwise) expanded research
programs, investigations, experiments, and studies, into --
(1) the creation, development, and testing of synthetic analgesics,
antitussives, and other drugs which are --
(A) nonaddictive; or
(B) less addictive than opium or its derivatives, to replace opium
and its derivatives in medical use;
(2) the creation, development, and testing of long-lasting,
nonaddictive blocking or antagonistic drugs or other pharmacological
substances for treatment of heroin addiction;
(3) the creation, development, and testing of detoxification agents
which, when administered, will ease the physical effects of withdrawal
from heroin addiction;
(4) the social, behavioral, and biomedical etiology, mental and
physical health consequences, and social and economic consequences of
drug abuse and drug dependence;
(5) effective methods of drug abuse prevention, treatment, and
rehabilitation, particularly methods of intervention to treat abuse of
specific drugs; and
(6) the development of chemical antidotes and narcotic antagonists
for use in the treatment of cocaine and heroin addiction.
In carrying out this subsection the Director is authorized to
establish, or provide for the establishment of, clinical research
facilities. In making grants and contracts to carry out paragraphs (4)
and (5), the Director shall give special consideration to projects
relating to drug abuse among women (particularly with respect to
pregnant women and their children).
(b) Dissemination of information; grant and contract authority
In carrying out the activities described in subsection (a) of this
section, the Secretary, acting through the Institute, may --
(1) collect and disseminate through publications and other
appropriate means, including the development of curriculum materials,
information as to, and the practical application of, the research and
other activities under this section,
(2) make grants or enter into contracts with individuals and public
and nonprofit entities for the purpose of determining the causes of drug
abuse in a particular area, and
(3) make grants to and enter into contracts with individuals and
public and private nonprofit entities for research respecting improved
drug maintenance and detoxification techniques and programs.
(July 1, 1944, ch. 373, title V, 515, formerly Pub. L. 92-255, title
V, 503, as added Pub. L. 94-237, 13(a), Mar. 19, 1976, 90 Stat. 248,
and amended Pub. L. 95-461, 2(c), Oct. 14, 1978, 92 Stat. 1268; Pub.
L. 96-181, 12, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 97-35, title IX,
972(a), (b), Aug. 13, 1981, 95 Stat. 597; renumbered 515 of act July
1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(11), 97 Stat.
180; Oct. 19, 1984, Pub. L. 98-509, title II, 205(a)(2), 206(c)(2),
207(b), 98 Stat. 2361-2363; Oct. 27, 1986, Pub. L. 99-570, title IV,
4009, 100 Stat. 3207-115; Nov. 18, 1988, Pub. L. 100-690, title II,
2058(a)(3), 102 Stat. 4214.)
Section was formerly classified to section 1193 of Title 21, Food and
Drugs, prior to renumbering by Pub. L. 98-24.
A prior section 515 of act July 1, 1944, which was classified to
section 229d of this title, was successively renumbered by subsequent
acts and transferred, see section 300aaa-12 of this title.
1988 -- Subsec. (a). Pub. L. 100-690 inserted ''(particularly with
respect to pregnant women and their children)'' before period at end.
1986 -- Subsec. (a)(5). Pub. L. 99-570, 4009(2), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ''drug abuse
prevention, treatment, and rehabilitation.''
Subsec. (a)(6). Pub. L. 99-570, 4009(1), (3), added par. (6).
1984 -- Subsec. (a). Pub. L. 98-509, 205(a)(2), 206(c)(2), struck
out ''demonstrations,'' after ''investigations, experiments,'' and
inserted provision that in making grants and contracts to carry out
pars. (4) and (5), the Director shall give special consideration to
projects relating to drug abuse among women.
Subsec. (c). Pub. L. 98-509, 207(b), struck out subsec. (c) which
authorized appropriations for purposes of this section. See section
290cc-2 of this title.
1983 -- Pub. L. 98-24, 2(b)(11), renumbered section 1193 of Title
21, Food and Drugs, as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(11)(A), substituted ''The Director
of the National Institute on Drug Abuse'' for ''The Director''.
Subsec. (b). Pub. L. 98-24, 2(b)(11)(B), amended subsec. (b)
generally, substituting ''In carrying out the activities described in
subsection (a), the Secretary, acting through the Institute, may -- ''
for ''The Director may -- '', adding par. (1), and redesignating former
pars. (1) and (2) as (2) and (3), respectively.
Subsec. (c). Pub. L. 98-24, 2(b)(11)(C), struck out provision
authorizing $45,000,000 for fiscal year 1982 and inserted provisions
relating to fiscal years 1983 and 1984.
1981 -- Pub. L. 97-35 designated existing provisions as subsec.
(a), added cl. (5), and added subsecs. (b) and (c).
1980 -- Pub. L. 96-181 struck out designation (a) before ''The
Director shall'', substituted ''investigations, experiments,
demonstrations, and studies into'' for ''to create, develop, and test'',
inserted ''the creation, development, and testing of'' in pars. (1),
(2), and (3), added par. (4), and struck out subsec. (b), which
contained authorization of appropriations up to fiscal year ending Sept.
30, 1979.
1978 -- Subsec. (b). Pub. L. 95-461 inserted provision authorizing
appropriations for fiscal year ending Sept. 30, 1979.
Section 13 of Pub. L. 96-181 provided that within sixty days of Jan.
2, 1980, the Director of the National Institute on Drug Abuse report to
the Committee on Interstate and Foreign Commerce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate on the number of grants and contracts made or entered into by the
Director before Jan. 2, 1980, for research which was not completed
before July 1, 1979, the identity of the persons who received such
grants and contracts, the amount of funds authorized to be paid under
each grant and contract and the amount of funds expended by the
recipient of each such grant and contract by Jan. 2, 1980, the purpose
of the research project funded under each such grant and contract, and
the progress made in each such research project by Jan. 2, 1980.
42 USC 290cc-1. Drug abuse demonstration projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority of Secretary through National Institute on Drug Abuse;
projects assisted
The Secretary, through the National Institute on Drug Abuse, may make
grants to and enter into contracts with individuals and public and
nonprofit private entities to support projects --
(1) for the development and demonstration of methods for --
(A) the prevention of drug abuse and other problems relating to drug
abuse, and
(B) the treatment and rehabilitation of individuals suffering from
drug abuse and other problems relating to the misuse of drugs; and
(2)(A) which emphasize the development and demonstration of new and
improved methods of screening and early detection, referral, and
diagnosis of individuals with a risk of drug abuse,
(B) which develop and evaluate new and improved techniques of
prevention and treatment services for use in States and local
communities, and
(C) which emphasize the development and demonstration of new and
improved methods for the dissemination of research findings and
knowledge of effective strategies of early detection, prevention, and
treatment of drug abuse.
(b) Drug abuse among pregnant women
In making grants under subsection (a) of this section, the Secretary
shall give special consideration to projects for determining the effects
of drug abuse among pregnant women and the resulting effects on the
infants of such women, including the relationship between drug abuse
during pregnancy and the birthweight of infants.
(c) Projects dealing with drug and alcohol abuse
A grant or contract may be made under subsection (a) of this section
for a project which meets the requirements of subsection (a) of this
section and also deals with alcohol abuse and alcoholism.
(d) Time limit on receipt of grants
No entity may receive grants under subsection (a) of this section for
more than three years.
(July 1, 1944, ch. 373, title V, 516, as added Oct. 19, 1984, Pub.
L. 98-509, title II, 206(b), 98 Stat. 2362, and amended Nov. 18, 1988,
Pub. L. 100-690, title II, 2058(a)(4), 102 Stat. 4214.)
1988 -- Subsecs. (b) to (d). Pub. L. 100-690 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
42 USC 290cc-2. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of carrying out this subpart, there are authorized to
be appropriated $129,000,000 for fiscal year 1987, $135,000,000 for
fiscal year 1989, and such sums as may be necessary for each of the
fiscal years 1990 and 1991.
(July 1, 1944, ch. 373, title V, 517, as added Oct. 19, 1984, Pub.
L. 98-509, title II, 207(b), 98 Stat. 2363, and amended Oct. 27, 1986,
Pub. L. 99-570, title IV, 4010(b), 100 Stat. 3207-115; Nov. 18, 1988,
Pub. L. 100-690, title II, 2056(b), 102 Stat. 4211; Aug. 15, 1990,
Pub. L. 101-374, 3(a), 104 Stat. 457.)
1990 -- Pub. L. 101-374 substituted ''For the purpose of carrying
out this subpart, there are authorized to be appropriated'' for ''There
are authorized to be appropriated to carry out section 290cc of this
title''.
1988 -- Pub. L. 100-690 substituted ''section 290cc of this title''
for ''this subpart'' and authorized appropriation of $135,000,000 for
fiscal year 1989, and necessary sums for each of fiscal years 1990 and
1991.
1986 -- Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to carry out
this subpart $68,000,000 for fiscal year 1985 and $74,000,000 for fiscal
year 1986.''
Section 3(b) of Pub. L. 101-374 provided that: ''The amendment made
by subsection (a) (amending this section) shall take effect October 1,
1990, or upon the date of the enactment of this Act (Aug. 15, 1990),
whichever occurs later.''
42 USC subpart 3 -- mental health research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290cc-11. Establishment of program for mental health research
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, acting through the Administrator, may make grants to,
and enter into cooperative agreements and contracts with, public and
nonprofit private entities for the conduct of, promotions of,
coordination of, research, investigation, experiments, demonstrations,
and studies relative to the cause, diagnosis, treatment, control, and
prevention of mental illness.
(July 1, 1944, ch. 373, title V, 518, formerly 519, as added Nov.
18, 1988, Pub. L. 100-690, title II, 2057(3), 102 Stat. 4212, and
renumbered 518, Aug. 16, 1989, Pub. L. 101-93, 3(e)(1)(A), 103 Stat.
610.)
Section 2072 of Pub. L. 100-690 provided that:
''(a) In General. -- The Secretary of Health and Human Services shall
enter into a contract with an independent body of demonstrated expertise
in the field of health and mental health to conduct a study of the
current use of involuntary commitment for inpatient or outpatient
treatment of mental illness and make recommendations for changes, if
any, that may be warranted in current rules and practices.
''(b) Report. -- Not later than 18 months after the date on which a
contract is entered into pursuant to subsection (a), the Secretary of
Health and Human Services shall complete the study required in
subsection (a) and submit to the Congress the findings made as a result
of the study.
''(c) Authorization of Appropriations. -- For the purpose of carrying
out subsection (a), there are authorized to be appropriated $1,000,000
for fiscal year 1989.''
42 USC 290cc-12. National Mental Health Education Program
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, acting through the Administrator, shall establish a
National Mental Health Education Program for the purpose of --
(1) developing improved methods of treating individuals with mental
health problems and improved methods of assisting the families of such
individuals;
(2) supporting programs of biomedical and behavioral research,
training, and education with respect to the causes, diagnosis, and
treatment of mental health problems;
(3) collecting and making available, through publication and other
appropriate methods, information on, and the practical application of,
such research and other activities;
(4) providing technical assistance to public and private entities
that are providers of mental health services;
(5) disseminating to such providers and to the public information
with respect to mental health, including information on programs that
provide financial assistance in obtaining mental health services; and
(6) establishing a clearinghouse in order to collect information
developed in mental health research and treatment programs and to make
such information available to providers of mental health services, to
individuals with mental health problems, and to the general public.
(July 1, 1944, ch. 373, title V, 519, formerly 520, as added Nov.
18, 1988, Pub. L. 100-690, title II, 2057(3), 102 Stat. 4212, and
renumbered 519, Aug. 16, 1989, Pub. L. 101-93, 3(e)(1)(A), 103 Stat.
610.)
A prior section 519 of act July 1, 1944, was renumbered section 518
by section 3(e)(1)(A) of Pub. L. 101-93, and is classified to section
290cc-11 of this title.
42 USC 290cc-13. Establishment of grant programs for demonstration
projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Seriously mentally ill individuals, and children and adolescents
with serious emotional and mental disturbances
(1) In general
The Secretary, acting through the Director of the National Institute
of Mental Health, may make grants to States, political subdivisions of
States, and nonprofit private agencies for --
(A) mental health services demonstration projects for the planning,
coordination and improvement of community services (including outreach
and consumer-run self-help services) for seriously mentally ill
individuals and their families, seriously emotionally and mentally
disturbed children and youth and their families, and seriously mentally
ill homeless and elderly individuals;
(B) demonstration projects for the prevention of youth suicide;
(C) demonstration projects for the improvement of the recognition,
assessment, treatment and clinical management of depressive disorders;
(D) demonstration projects for programs to prevent the occurrence of
sex offenses, and for the provision of treatment and psychological
assistance to the victims of sex offenses; and
(E) demonstration projects for programs to provide mental health
services to victims of family violence.
(2) Mental health services
Mental health services provided under paragraph (1)(A) should
encompass a range of delivery systems designed to permit individuals to
receive treatment in the most therapeutically appropriate, least
restrictive setting. Grants shall be awarded under such paragraph for
--
(A) research demonstration programs concerning such services; and
(B) systems improvements to assist States and local entities to
develop appropriate comprehensive mental health systems for adults with
serious long-term mental illness and children and adolescents with
serious emotional and mental disturbance.
(b) Individuals at risk of mental illness
(1) The Secretary, acting through the Director, may make grants to
States, political subdivisions of States, and private nonprofit agencies
for prevention services demonstration projects for the provision of
prevention services for individuals who, in the determination of the
Secretary, are at risk of developing mental illness.
(2) Demonstration projects under paragraph (1) may include --
(A) prevention services for populations at risk of developing mental
illness, particularly displaced workers, young children, and
adolescents;
(B) the development and dissemination of education materials;
(C) the sponsoring of local, regional, or national workshops or
conferences;
(D) the conducting of training programs with respect to the provision
of mental health services to individuals described in paragraph (1);
and
(E) the provision of technical assistance to providers of such
services.
(c) Limitation on duration of grant
The Secretary may make a grant under subsection (a) or (b) of this
section for not more than three consecutive one-year periods.
(d) Limitation on administrative expenses
The Secretary may not make a grant under subsection (a) or (b) of
this section to an applicant unless the applicant agrees that not more
than 10 percent of such a grant will be expended for administrative
expenses.
(e) Authorizations of appropriations
(1) For the purposes of carrying out this section, there are
authorized to be appropriated $40,000,000 for fiscal year 1991, and such
sums as may be necessary for each of the fiscal years 1992 and 1993.
(2) Of the amounts appropriated pursuant to paragraph (1), the
Secretary shall make available 15 percent for demonstration projects to
carry out the purpose of this section in rural areas.
(July 1, 1944, ch. 373, title V, 520, formerly 520A, as added Nov.
18, 1988, Pub. L. 100-690, title II, 2057(3), 102 Stat. 4212, and
renumbered 520 and amended Aug. 16, 1989, Pub. L. 101-93, 3(e), (g),
103 Stat. 610, 611; Nov. 28, 1990, Pub. L. 101-639, 2, 104 Stat.
4600.)
A prior section 520 of act July 1, 1944, was renumbered section 519
by section 3(e)(1)(A) of Pub. L. 101-93, and is classified to section
290cc-12 of this title.
1990 -- Subsec. (a). Pub. L. 101-639, 2(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ''The
Secretary, acting through the Director, may make grants to States,
political subdivisions of States, and nonprofit private agencies --
''(1) for mental health services demonstration projects for the
planning, coordination, and improvement of community services (including
outreach and self-help services) for seriously mentally ill individuals,
seriously emotionally disturbed children and youth, elderly individuals,
and homeless seriously mentally ill individuals, and for the conduct of
research concerning such services;
''(2) for demonstration projects for the prevention of youth suicide;
''(3) for demonstration projects for the improvement of the
recognition, assessment, treatment, and clinical management of
depressive disorders; and
''(4) for demonstration projects for treatment and prevention
relating to sex offenses.''
Subsec. (e)(1). Pub. L. 101-639, 2(b), amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''For the purposes of
carrying out this section, there are authorized to be appropriated
$60,000,000 for each of the fiscal years 1989 and 1990.''
1989 -- Pub. L. 101-93 substituted ''programs'' for ''program'' in
section catchline and in subsec. (a) substituted ''seriously mentally
ill'' for ''chronically mentally ill'' wherever appearing, redesignated
par. (5) as (4), and inserted ''for'' before ''demonstration'' in pars.
(2), (3), and (4).
42 USC Part C -- Projects for Assistance in Transition From Homelessness
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290cc-21. Formula grants to States
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purpose of carrying out section 290cc-22 of this title, the
Secretary, acting through the Director of the National Institute of
Mental Health, shall for each of the fiscal years 1991 through 1994 make
an allotment for each State in an amount determined in accordance with
section 290cc-24 of this title. The Secretary shall make payments, as
grants, each such fiscal year to each State from the allotment for the
State if the Secretary approves for the fiscal year involved an
application submitted by the State pursuant to section 290cc-29 of this
title.
(July 1, 1944, ch. 373, title V, 521, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 516, and amended Nov. 4, 1988,
Pub. L. 100-607, title VIII, 813(1), 102 Stat. 3170; Nov. 7, 1988,
Pub. L. 100-628, title VI, 613(1), 102 Stat. 3243; Aug. 16, 1989, Pub.
L. 101-93, 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645,
title V, 511, 104 Stat. 4726.)
A prior section 521 of act July 1, 1944, was renumbered section 542
by section 611(2) of Pub. L. 100-77, and is classified to section
290dd-1 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to formula grants to States for provisions relating
to establishment of block grant program for services to homeless
individuals who are chronically mentally ill.
1989 -- Subsec. (a). Pub. L. 101-93 directed that subsec. (a) of
this section as similarly amended by title VIII of Pub. L. 100-607 and
title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (a). Pub. L. 100-607 and Pub. L. 100-628 made
identical amendments, amending first sentence generally. Prior to
amendment, first sentence read as follows: ''The Secretary shall for
fiscal years 1987 and 1988 allot to each State an amount determined in
accordance with sections 290cc-28 and 290cc-29 of this title.''
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290cc-22. Purpose of grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that the payments will be
expended solely for making grants to political subdivisions of the
State, and to nonprofit private entities (including community-based
veterans organizations and other community organizations), for the
purpose of providing the services specified in subsection (b) of this
section to individuals who --
(1)(A) are suffering from serious mental illness; or
(B) are suffering from serious mental illness and from substance
abuse; and
(2) are homeless or at imminent risk of becoming homeless.
(b) Specification of services
The services referred to in subsection (a) of this section are --
(1) outreach services;
(2) screening and diagnostic treatment services;
(3) habilitation and rehabilitation services;
(4) community mental health services;
(5) alcohol or drug treatment services;
(6) staff training, including the training of individuals who work in
shelters, mental health clinics, substance abuse programs, and other
sites where homeless individuals require services;
(7) case management services, including --
(A) preparing a plan for the provision of community mental health
services to the eligible homeless individual involved, and reviewing
such plan not less than once every 3 months;
(B) providing assistance in obtaining and coordinating social and
maintenance services for the eligible homeless individuals, including
services relating to daily living activities, personal financial
planning, transportation services, and habilitation and rehabilitation
services, prevocational and vocational services, and housing services;
(C) providing assistance to the eligible homeless individual in
obtaining income support services, including housing assistance, food
stamps, and supplemental security income benefits;
(D) referring the eligible homeless individual for such other
services as may be appropriate; and
(E) providing representative payee services in accordance with
section 1631(a)(2) of the Social Security Act (42 U.S.C. 1383(a)(2)) if
the eligible homeless individual is receiving aid under title XVI of
such act (42 U.S.C. 1381 et seq.) and if the applicant is designated by
the Secretary to provide such services;
(8) supportive and supervisory services in residential settings;
(9) referrals for primary health services, job training, educational
services, and relevant housing services;
(10) subject to subsection (h)(1) of this section --
(A) minor renovation, expansion, and repair of housing;
(B) planning of housing;
(C) technical assistance in applying for housing assistance;
(D) improving the coordination of housing services;
(E) security deposits;
(F) the costs associated with matching eligible homeless individuals
with appropriate housing situations; and
(G) 1-time rental payments to prevent eviction; and
(11) other appropriate services, as determined by the Secretary.
(c) Coordination
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees to make grants pursuant to
subsection (a) of this section only to entities that have the capacity
to provide, directly or through arrangements, the services specified in
subsection (b) of this section, including coordinating the provision of
services in order to meet the needs of eligible homeless individuals who
are both mentally ill and suffering from substance abuse.
(d) Special consideration regarding veterans
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that, in making grants to
entities pursuant to subsection (a) of this section, the State will give
special consideration to entities with a demonstrated effectiveness in
serving homeless veterans.
(e) Special rules
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that grants pursuant to
subsection (a) of this section will not be made to any entity that --
(1) has a policy of excluding individuals from mental health services
due to the existence or suspicion of substance abuse; or
(2) has a policy of excluding individuals from substance abuse
services due to the existence or suspicion of mental illness.
(f) Administrative expenses
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that not more than 4 percent of
the payments will be expended for administrative expenses regarding the
payments.
(g) Maintenance of effort
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that the State will maintain
State expenditures for services specified in subsection (b) of this
section at a level that is not less than the average level of such
expenditures maintained by the State for the 2-year period preceding the
fiscal year for which the State is applying to receive such payments.
(h) Restrictions on use of funds
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that --
(1) not more than 20 percent of the payments will be expended for
housing services under subsection (b)(10) of this section; and
(2) the payments will not be expended --
(A) to support emergency shelters or construction of housing
facilities;
(B) for inpatient psychiatric treatment costs or inpatient substance
abuse treatment costs; or
(C) to make cash payments to intended recipients of mental health or
substance abuse services.
(July 1, 1944, ch. 373, title V, 522, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 516, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4726.)
The Social Security Act, referred to in subsec. (b)(7)(E), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVI of the
Act is classified generally to subchapter XVI ( 1381 et seq.) of chapter
7 of this title. For complete classification of this Act to the Code,
see section 1305 of this title and Tables.
A prior section 522 of act July 1, 1944, was renumbered section 543
by section 611(2) of Pub. L. 100-77, and is classified to section
290dd-2 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to purpose of grants for provisions relating to
requirement of submission of application containing certain agreements.
42 USC 290cc-23. Requirement of matching funds
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary may not make payments under section 290cc-21 of this
title unless, with respect to the costs of providing services pursuant
to section 290cc-22 of this title, the State involved agrees to make
available, directly or through donations from public or private
entities, non-Federal contributions toward such costs in an amount that
is not less than $1 for each $3 of Federal funds provided in such
payments.
(b) Determination of amount
Non-Federal contributions required in subsection (a) of this section
may be in cash or in kind, fairly evaluated, including plant, equipment,
or services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, shall not be included in determining the amount of such
non-Federal contributions.
(c) Limitation regarding grants by States
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that the State will not require
the entities to which grants are provided pursuant to section
290cc-22(a) of this title to provide non-Federal contributions in excess
of the non-Federal contributions described in subsection (a) of this
section.
(July 1, 1944, ch. 373, title V, 523, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 517, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4728.)
A prior section 523 of act July 1, 1944, was renumbered section 544
by section 611(2) of Pub. L. 100-77, and is classified to section
290dd-3 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
general requirements; and in subsec. (b), determination of amount of
non-Federal contribution.
42 USC 290cc-24. Determination of amount of allotment
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Minimum allotment
The allotment for a State under section 290cc-21 of this title for a
fiscal year shall be the greater of --
(1) $300,000 for each of the several States, the District of
Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each of
Guam, the Virgin Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands; and
(2) an amount determined in accordance with subsection (b) of this
section.
(b) Determination under formula
The amount referred to in subsection (a)(2) of this section is the
product of --
(1) an amount equal to the amount appropriated under section
290cc-35(a) of this title for the fiscal year; and
(2) a percentage equal to the quotient of --
(A) an amount equal to the population living in urbanized areas of
the State involved, as indicated by the most recent data collected by
the Bureau of the Census; and
(B) an amount equal to the population living in urbanized areas of
the United States, as indicated by the sum of the respective amounts
determined for the States under subparagraph (A).
(July 1, 1944, ch. 373, title V, 524, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 517, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4728.)
A prior section 524 of act July 1, 1944, was renumbered section 545
by section 611(2) of Pub. L. 100-77, and is classified to section 290ee
of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to determination of amount of allotment for
provisions relating to requiring provision of certain mental health
services.
42 USC 290cc-25. Conversion to categorical program in event of failure
of State regarding expenditure of grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
Subject to subsection (c) of this section, the Secretary shall, from
the amounts specified in subsection (b) of this section, make grants to
public and nonprofit private entities for the purpose of providing to
eligible homeless individuals the services specified in section
290cc-22(b) of this title.
(b) Specification of funds
The amounts referred to in subsection (a) of this section are any
amounts made available in appropriations Acts for allotments under
section 290cc-21 of this title that are not paid to a State as a result
of --
(A) the failure of the State to submit an application under section
290cc-29 of this title;
(B) the failure of the State, in the determination of the Secretary,
to prepare the application in accordance with such section or to submit
the application within a reasonable period of time; or
(C) the State informing the Secretary that the State does not intend
to expend the full amount of the allotment made to the State.
(c) Requirement of provision of services in State involved
With respect to grants under subsection (a) of this section, amounts
made available under subsection (b) of this section as a result of the
State involved shall be available only for grants to provide services in
such State.
(July 1, 1944, ch. 373, title V, 525, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 518, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4729.)
A prior section 525 of act July 1, 1944, was renumbered section 546
by section 611(2) of Pub. L. 100-77, and is classified to section
290ee-1 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to conversion to categorical program in event of
failure of State regarding expenditure of grants for provisions relating
to restrictions on use of payments.
42 USC 290cc-26. Provision of certain information from State
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may not make payments under section 290cc-21 of this
title to a State unless, as part of the application required in section
290cc-29 of this title, the State submits to the Secretary a statement
--
(1) identifying existing programs providing services and housing to
eligible homeless individuals and identify gaps in the delivery systems
of such programs;
(2) containing a plan for providing services and housing to eligible
homeless individuals, which plan --
(A) describes the coordinated and comprehensive means of providing
services and housing to homeless individuals; and
(B) includes documentation that suitable housing for eligible
homeless individuals will accompany the provision of services to such
individuals;
(3) describes the source of the non-Federal contributions described
in section 290cc-23 of this title;
(4) contains assurances that the non-Federal contributions described
in section 290cc-23 of this title will be available at the beginning of
the grant period;
(5) describe any voucher system that may be used to carry out this
part; and
(6) contain such other information or assurances as the Secretary may
reasonably require.
(July 1, 1944, ch. 373, title V, 526, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 519, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4729.)
A prior section 526 of act July 1, 1944, was renumbered section 547
by section 611(2) of Pub. L. 100-77, and is classified to section
290ee-2 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to providing certain information from State for
provisions relating to requirement of submission of description of
intended use of block grant.
42 USC 290cc-27. Description of intended expenditures of grant
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary may not make payments under section 290cc-21 of this
title unless --
(1) as part of the application required in section 290cc-29 of this
title, the State involved submits to the Secretary a description of the
intended use for the fiscal year of the amounts for which the State is
applying pursuant to such section;
(2) such description identifies the geographic areas within the State
in which the greatest numbers of homeless individuals with a need for
mental health, substance abuse, and housing services are located;
(3) such description provides information relating to the programs
and activities to be supported and services to be provided, including
information relating to coordinating such programs and activities with
any similar programs and activities of public and private entities; and
(4) the State agrees that such description will be revised throughout
the year as may be necessary to reflect substantial changes in the
programs and activities assisted by the State pursuant to section
290cc-22 of this title.
(b) Opportunity for public comment
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that, in developing and carrying
out the description required in subsection (a) of this section, the
State will provide public notice with respect to the description
(including any revisions) and such opportunities as may be necessary to
provide interested persons, such as family members, consumers, and
mental health, substance abuse, and housing agencies, an opportunity to
present comments and recommendations with respect to the description.
(c) Relationship to State comprehensive mental health services plan
(1) In general
The Secretary may not make payments under section 290cc-21 of this
title unless the services to be provided pursuant to the description
required in subsection (a) of this section are consistent with the State
comprehensive mental health services plan required in subpart 2 of part
B of subchapter XVII of this chapter.
(2) Special rule
The Secretary may not make payments under section 290cc-21 of this
title unless the services to be provided pursuant to the description
required in subsection (a) of this section have been considered in the
preparation of, have been included in, and are consistent with, the
State comprehensive mental health services plan referred to in paragraph
(1).
(July 1, 1944, ch. 373, title V, 527, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 520, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4730.)
A prior section 527 of act July 1, 1944, was renumbered section 548
by section 611(2) of Pub. L. 100-77, and is classified to section
290ee-3 of this title.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to description of intended expenditures of grant for
provisions relating to requirement of reports by States.
42 USC 290cc-28. Requirement of reports by States
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees that, by not later than January
31 of each fiscal year, the State will prepare and submit to the
Secretary a report in such form and containing such information as the
Secretary determines (after consultation with the Comptroller General of
the United States, the National Institute of Mental Health, the National
Institute on Alcohol Abuse and Alcoholism, and the National Institute on
Drug Abuse) to be necessary for --
(1) securing a record and a description of the purposes for which
amounts received under section 290cc-21 of this title were expended
during the preceding fiscal year and of the recipients of such amounts;
and
(2) determining whether such amounts were expended in accordance with
the provisions of this part.
(b) Availability to public of reports
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved agrees to make copies of the reports
described in subsection (a) of this section available for public
inspection.
(c) Evaluations by Comptroller General
The Comptroller General of the United States in cooperation with the
National Institute of Mental Health, shall evaluate at least once every
3 years the expenditures of grants under this part by eligible entities
in order to ensure that expenditures are consistent with the provisions
of this part, and shall include in such evaluation recommendations
regarding changes needed in program design or operations.
(July 1, 1944, ch. 373, title V, 528, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 520, and amended Nov. 4, 1988,
Pub. L. 100-607, title VIII, 812(b), 102 Stat. 3170; Nov. 7, 1988,
Pub. L. 100-628, title VI, 612(b), 102 Stat. 3243; Nov. 18, 1988, Pub.
L. 100-690, title II, 2614(a), 102 Stat. 4239; Aug. 16, 1989, Pub. L.
101-93, 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645, title
V, 511, 104 Stat. 4730.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to requirement of reports by States for provisions
relating to determination of amount of allotments.
1989 -- Subsec. (a)(1). Pub. L. 101-93 directed that subsec. (a)(1)
of this section as similarly amended by title VIII of Pub. L. 100-607
and title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (a)(1). Pub. L. 100-690 substituted ''the
Commonwealth of the Northern Mariana Islands'' for ''the Northern
Mariana Islands''.
Pub. L. 100-607 and Pub. L. 100-628 made identical amendments,
amending par. (1) generally. Prior to amendment, par. (1) read as
follows: ''$275,000; and''.
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290cc-29. Requirement of application
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may not make payments under section 290cc-21 of this
title unless the State involved --
(1) submits to the Secretary an application for the payments
containing agreements and information in accordance with this part;
(2) the agreements are made through certification from the chief
executive officer of the State; and
(3) the application otherwise is in such form, is made in such
manner, and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this part.
(July 1, 1944, ch. 373, title V, 529, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 520, and amended Nov. 4, 1988,
Pub. L. 100-607, title VIII, 811(b), 102 Stat. 3170; Nov. 7, 1988,
Pub. L. 100-628, title VI, 611(b), 102 Stat. 3243; Aug. 16, 1989, Pub.
L. 101-93, 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645,
title V, 511, 104 Stat. 4731.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to requirement of application for provisions
relating to conversion to State categorical program in event of failure
of State with respect to expending allotment.
1989 -- Pub. L. 101-93 directed that this section as similarly
amended by title VIII of Pub. L. 100-607 and title VI of Pub. L.
100-628 be amended to read as if the amendments made by title VI of Pub.
L. 100-628 had not been enacted. See 1988 Amendment note below.
1988 -- Pub. L. 100-607 and Pub. L. 100-628 made identical
amendments, amending section generally by substituting present
provisions for provisions which had related to: in subsec. (a),
additional allotments for certain States; in subsec. (b), description
of funds; and in subsec. (c), determination of amount of allotment.
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290cc-30. Technical assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary, through the National Institute of Mental Health, the
National Institute of Alcohol Abuse and Alcoholism, and the National
Institute on Drug Abuse, shall provide technical assistance to eligible
entities in developing planning and operating programs in accordance
with the provisions of this part.
(July 1, 1944, ch. 373, title V, 530, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 521, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4731.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provision relating to technical assistance for provision relating to
disbursement and availability of funds.
42 USC 290cc-31. Failure to comply with agreements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Repayment of payments
(1) The Secretary may, subject to subsection (c) of this section,
require a State to repay any payments received by the State under
section 290cc-21 of this title that the Secretary determines were not
expended by the State in accordance with the agreements required to be
contained in the application submitted by the State pursuant to section
290cc-29 of this title.
(2) If a State fails to make a repayment required in paragraph (1),
the Secretary may offset the amount of the repayment against the amount
of any payment due to be paid to the State under section 290cc-21 of
this title.
(b) Withholding of payments
(1) The Secretary may, subject to subsection (c) of this section,
withhold payments due under section 290cc-21 of this title if the
Secretary determines that the State involved is not expending amounts
received under such section in accordance with the agreements required
to be contained in the application submitted by the State pursuant to
section 290cc-29 of this title.
(2) The Secretary shall cease withholding payments from a State under
paragraph (1) if the Secretary determines that there are reasonable
assurances that the State will expend amounts received under section
290cc-21 of this title in accordance with the agreements referred to in
such paragraph.
(3) The Secretary may not withhold funds under paragraph (1) from a
State for a minor failure to comply with the agreements referred to in
such paragraph.
(c) Opportunity for hearing
Before requiring repayment of payments under subsection (a)(1) of
this section, or withholding payments under subsection (b)(1) of this
section, the Secretary shall provide to the State an opportunity for a
hearing.
(d) Rule of construction
Notwithstanding any other provision of this part, a State receiving
payments under section 290cc-21 of this title may not, with respect to
any agreements required to be contained in the application submitted
under section 290cc-29 of this title, be considered to be in violation
of any such agreements by reason of the fact that the State, in the
regular course of providing services under section 290cc-22(b) of this
title to eligible homeless individuals, incidentally provides services
to homeless individuals who are not eligible homeless individuals.
(July 1, 1944, ch. 373, title V, 531, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 521, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4731.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to failure to comply with agreements for provision
relating to technical assistance.
42 USC 290cc-32. Prohibition against certain false statements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) A person may not knowingly make or cause to be made any false
statement or representation of a material fact in connection with the
furnishing of items or services for which amounts may be paid by a State
from payments received by the State under section 290cc-21 of this
title.
(2) A person with knowledge of the occurrence of any event affecting
the right of the person to receive any amounts from payments made to the
State under section 290cc-21 of this title may not conceal or fail to
disclose any such event with the intent of securing such an amount that
the person is not authorized to receive or securing such an amount in an
amount greater than the amount the person is authorized to receive.
(b) Criminal penalty for violation of prohibition
Any person who violates a prohibition established in subsection (a)
of this section may for each violation be fined in accordance with title
18 or imprisoned for not more than 5 years, or both.
(July 1, 1944, ch. 373, title V, 532, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 521, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4732.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to prohibition against certain false statements for
provisions relating to failure to comply with agreements.
42 USC 290cc-33. Nondiscrimination
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) In general
(1) Rule of construction regarding certain civil rights laws
For the purpose of applying the prohibitions against discrimination
on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), on the basis of handicap under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), on the basis of sex under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.),
or on the basis of race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and
activities funded in whole or in part with funds made available under
section 290cc-21 of this title shall be considered to be programs and
activities receiving Federal financial assistance.
(2) Prohibition
No person shall on the ground of sex or religion be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under, any program or activity funded in whole or in part
with funds made available under section 290cc-21 of this title.
(b) Enforcement
(1) Referrals to Attorney General after notice
Whenever the Secretary finds that a State, or an entity that has
received a payment pursuant to section 290cc-21 of this title, has
failed to comply with a provision of law referred to in subsection
(a)(1) of this section, with subsection (a)(2) of this section, or with
an applicable regulation (including one prescribed to carry out
subsection (a)(2) of this section), the Secretary shall notify the chief
executive officer of the State and shall request the chief executive
officer to secure compliance. If within a reasonable period of time,
not to exceed 60 days, the chief executive officer fails or refuses to
secure compliance, the Secretary may --
(A) refer the matter to the Attorney General with a recommendation
that an appropriate civil action be instituted;
(B) exercise the powers and functions provided by the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), as may be applicable; or
(C) take such other actions as may be authorized by law.
(2) Authority of Attorney General
When a matter is referred to the Attorney General pursuant to
paragraph (1)(A), or whenever the Attorney General has reason to believe
that a State or an entity is engaged in a pattern or practice in
violation of a provision of law referred to in subsection (a)(1) of this
section or in violation of subsection (a)(2) of this section, the
Attorney General may bring a civil action in any appropriate district
court of the United States for such relief as may be appropriate,
including injunctive relief.
(July 1, 1944, ch. 373, title V, 533, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 522, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4732.)
The Age Discrimination Act of 1975, referred to in subsecs. (a)(1)
and (b)(1)(B), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 ( 6101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 6101 of this title and
Tables.
The Education Amendments of 1972, referred to in subsecs. (a)(1) and
(b)(1)(B), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended.
Title IX of the Education Amendments of 1972 is classified principally
to chapter 38 ( 1681 et seq.) of Title 20, Education. For complete
classification of this Act to the Code, see Short Title of 1972
Amendment note set out under section 1001 of Title 20 and Tables.
The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and
(b)(1)(B), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.
Title VI of the Civil Rights Act of 1964 is classified generally to
subchapter V ( 2000d et seq.) of chapter 21 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2000a of this title and Tables.
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to nondiscrimination for provision relating to
establishment of prohibition against making certain false statements.
42 USC 290cc-34. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this part:
(1) Eligible homeless individual
The term ''eligible homeless individual'' means an individual
described in section 290cc-22(a) of this title.
(2) Homeless individual
The term ''homeless individual'' has the meaning given such term in
section 256(r) of this title.
(3) State
The term ''State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) Substance abuse
The term ''substance abuse'' means the abuse of alcohol or other
drugs.
(July 1, 1944, ch. 373, title V, 534, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 522, and amended Nov. 29, 1990,
Pub. L. 101-645, title V, 511, 104 Stat. 4733.)
1990 -- Pub. L. 101-645 amended section generally, substituting
provisions relating to definitions for provisions relating to
nondiscrimination.
42 USC 290cc-35. Funding
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization of appropriations
For the purpose of carrying out this part, there is authorized to be
appropriated $75,000,000 for each of the fiscal years 1991 through 1994.
(b) Effect of insufficient appropriations for minimum allotments
(1) In general
If the amounts made available under subsection (a) of this section
for a fiscal year are insufficient for providing each State with an
allotment under section 290cc-21 of this title of not less than the
applicable amount under section 290cc-24(a)(1) of this title, the
Secretary shall, from such amounts as are made available under such
subsection, make grants to the States for providing to eligible homeless
individuals the services specified in section 290cc-22(b) of this title.
(2) Rule of construction
Paragraph (1) may not be construed to require the Secretary to make a
grant under such paragraph to each State.
(July 1, 1944, ch. 373, title V, 535, as added July 22, 1987, Pub.
L. 100-77, title VI, 611(3), 101 Stat. 523, and amended Nov. 4, 1988,
Pub. L. 100-607, title VIII, 811(a), 102 Stat. 3169; Nov. 7, 1988,
Pub. L. 100-628, title VI, 611(a), 102 Stat. 3242; Aug. 16, 1989, Pub.
L. 101-93, 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L. 101-645,
title V, 511, 104 Stat. 4733.)
A prior section 290cc-36, act July 1, 1944, ch. 373, title V, 536,
as added July 22, 1987, Pub. L. 100-77, title VI, 611(3), 101 Stat.
523, and amended Nov. 4, 1988, Pub. L. 100-607, title VIII,
802(b)(3), 812(a), 102 Stat. 3169, 3170; Nov. 7, 1988, Pub. L.
100-628, title VI, 602(b)(3), 612(a), 102 Stat. 3242, 3243; Nov.
18, 1988, Pub. L. 100-690, title II, 2614(b), 102 Stat. 4239; Aug.
16, 1989, Pub. L. 101-93, 5(t)(1), 103 Stat. 615, which defined terms
used in this part was omitted in the general revision of this part by
Pub. L. 101-645.
1990 -- Pub. L. 101-645 amended section generally, substituting
present provisions for similar provisions authorizing appropriations and
providing for minimum allotments.
1989 -- Pub. L. 101-93 directed that this section as similarly
amended by title VIII of Pub. L. 100-607 and title VI of Pub. L.
100-628 be amended to read as if the amendments made by title VI of Pub.
L. 100-628 had not been enacted. See 1988 Amendment note below.
1988 -- Pub. L. 100-607 and Pub. L. 100-628 made identical
amendments, amending section generally. Prior to amendment, section
read as follows: ''There are authorized to be appropriated to carry out
this part $35,000,000 for fiscal year 1987 and such sums as may be
necessary for fiscal year 1988.''
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC Part D -- Miscellaneous Provisions Relating to Alcohol Abuse and
Alcoholism and Drug Abuse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1987 -- Pub. L. 100-77, title VI, 611(1), July 22, 1987, 101 Stat.
516, redesignated part C as D.
42 USC subpart 1 -- provisions relating to alcohol abuse and alcoholism
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290dd. Technical assistance
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) On the request of any State, the Secretary, acting through the
National Institute on Alcohol Abuse and Alcoholism, shall, to the extent
feasible, make available technical assistance for --
(1) developing and improving systems for data collection;
(2) program management, accountability, and evaluation;
(3) certification, accreditation, or licensure of treatment
facilities and personnel;
(4) monitoring compliance by hospitals and other facilities with the
requirements of section 290dd-2 of this title; and
(5) eliminating exclusions in health insurance coverage offered in
the State which are based on alcoholism or alcohol abuse.
(b) Insofar as practicable, technical assistance provided under this
section shall be provided in a manner which will improve coordination
between activities supported under this subchapter.
(July 1, 1944, ch. 373, title V, 541, formerly Pub. L. 91-616, title
III, 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 92-554,
Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93-282, title I, 105(a), May 14,
1974, 88 Stat. 127; Pub. L. 94-371, 3(a), July 26, 1976, 90 Stat.
1035; Pub. L. 96-180, 7, Jan. 2, 1980, 93 Stat. 1303; Pub. L. 97-35,
title IX, 962(a), Aug. 13, 1981, 95 Stat. 592; renumbered 520 of act
July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(13), 97
Stat. 181; Oct. 19, 1984, Pub. L. 98-509, title III, 301(c)(2), 98
Stat. 2364; renumbered 541, July 22, 1987, Pub. L. 100-77, title VI,
611(2), 101 Stat. 516; Nov. 4, 1988, Pub. L. 100-607, title VIII,
813(2), 102 Stat. 3170; Nov. 7, 1988, Pub. L. 100-628, title VI,
613(2), 102 Stat. 3243; Aug. 16, 1989, Pub. L. 101-93, 5(t)(1), 103
Stat. 615.)
Section was formerly classified to section 4571 of this title prior
to renumbering by Pub. L. 98-24.
1989 -- Subsec. (a)(4). Pub. L. 101-93 directed that subsec. (a)(4)
of this section as similarly amended by title VIII of Pub. L. 100-607
and title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (a)(4). Pub. L. 100-607 and Pub. L. 100-628 made
identical technical amendments to reference to section 290dd-2 of this
title to reflect renumbering of corresponding section of original act.
1984 -- Pub. L. 98-509 amended directory language of Pub. L.
98-24, 2(b)(13). See 1983 Amendment note below.
1983 -- Pub. L. 98-24, 2(b)(13), as amended by Pub. L. 98-509
renumbered section 4571 of this title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(13)(A)(i), substituted ''the
National Institute on Alcohol Abuse and Alcoholism'' for ''the
Institute''.
Subsec. (a)(4). Pub. L. 98-24, 2(b)(13)(A)(ii), substituted
''section 290dd-2 of this title'' for ''section 4581 of this title''.
Subsec. (b). Pub. L. 98-24, 2(b)(13)(A)(iii), substituted ''this
subchapter'' for references to ''this chapter'', meaning chapter 60 (
4541 et seq.) of this title, and the Drug Abuse Prevention, Treatment,
and Rehabilitation Act (21 U.S.C. 1101 et seq.).
1981 -- Pub. L. 97-35 restructured provisions and substituted
provisions relating to technical assistance for enumerated activities,
and improvement of coordination with Drug Abuse Prevention, Treatment,
and Rehabilitation Act, for provisions authorizing appropriations
through fiscal year ending Sept. 30, 1981, for covered activities.
1980 -- Pub. L. 96-180 authorized appropriation of $60,000,000 and
$65,000,000 for fiscal years ending Sept. 30, 1980, and 1981.
1976 -- Pub. L. 94-371 struck out ''and'' after ''1975'' and
inserted provisions authorizing $70,000,000 to be appropriated for
fiscal year ending Sept. 30, 1977, $77,000,000 to be appropriated for
fiscal year ending Sept. 30, 1978, and $85,000,000 to be appropriated
for fiscal year ending Sept. 30, 1979.
1974 -- Pub. L. 93-282 authorized appropriation of $80,000,000 for
fiscal years ending June 30, 1975 and June 30, 1976.
1972 -- Pub. L. 92-554 substituted ''for each of the next two fiscal
years'' for ''for the fiscal year ending June 30, 1973''.
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290dd-1. Programs for government and other employees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Programs in State and local governments and private industry;
model programs; cooperative agreements
(1) The Secretary, acting through the Institute, shall be responsible
for fostering and encouraging alcohol abuse and alcoholism prevention,
treatment, and rehabilitation programs and services in State and local
governments and in private industry. To the extent feasible, such
programs and services should be designed such that they apply to the
families of employees and to employees who have family members who are
alcoholics.
(2)(A) Consistent with such responsibility, the Secretary, acting
through the Institute, shall develop a variety of model programs
suitable for replication on a cost-effective basis in different types of
business concerns and State and local governmental entities.
(B) The Secretary, acting through the Institute, shall disseminate
information and materials relative to such model programs to the State
agencies responsible for the administration of alcohol abuse prevention,
treatment, and rehabilitation activities, and shall, to the extent
feasible, provide technical assistance to such agencies as requested.
(3) Model programs developed under paragraph (2) shall, in the case
of business concerns and governmental entities which employ individuals
represented by labor organizations, be designed for implementation
through cooperative agreements between the concerns and entities and the
organizations.
(4) To the extent feasible, model programs developed under paragraph
(2) shall be capable of coordination with model programs developed
pursuant to section 290ee-1 /1/ of this title.
(b) Prior alcohol abuse no bar to Federal employment; exceptions
(1) No person may be denied or deprived of Federal civilian
employment or a Federal professional or other license or right solely on
the ground of prior alcohol abuse or prior alcoholism.
(2) This subsection shall not apply to employment (A) in the Central
Intelligence Agency, the Federal Bureau of Investigation, the National
Security Agency, or any other department or agency of the Federal
Government designated for purposes of national security by the
President, or (B) in any position in any department or agency of the
Federal Government, not referred to in clause (A), which position is
determined pursuant to regulations prescribed by the head of such agency
or department to be a sensitive position.
(c) Dismissal for incapacity unaffected
This section shall not be construed to prohibit the dismissal from
employment of a Federal civilian employee who cannot properly function
in his employment.
(July 1, 1944, ch. 373, title V, 542, formerly Pub. L. 91-616, title
II, 201, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 96-180,
6(a), (b)(1), (2)(B), Jan. 2, 1980, 93 Stat. 1302, 1303; Pub. L. 97-35,
title IX, 961, 966(d), (e), Aug. 13, 1981, 95 Stat. 592, 595;
renumbered 521 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L.
98-24, 2(b)(13), 97 Stat. 181; Oct. 19, 1984, Pub. L. 98-509, title
III, 301(c)(2), 98 Stat. 2364; Oct. 27, 1986, Pub. L. 99-570, title
VI, 6002(b)(1), 100 Stat. 3207-158; renumbered 542, July 22, 1987,
Pub. L. 100-77, title VI, 611(2), 101 Stat. 516.)
Section 290ee-1 of this title, referred to in subsec. (a)(4), was in
the original ''section 525'', meaning section 525 of the Public Health
Service Act, which was renumbered section 546 by section 611(2) of Pub.
L. 100-77.
Amendment by section 966(e) of Pub. L. 97-35 purporting to
substitute ''Health and Human Services'' for ''Health, Education, and
Welfare'' in subsec. (e), and section 2(b)(13)(B)(iii) of Pub. L.
98-24 purporting to strike out subsec. (e), could not be executed
because section did not contain a subsec. (e).
Section was formerly classified to section 4561 of this title prior
to renumbering by Pub. L. 98-24.
1986 -- Subsec. (a). Pub. L. 99-570, 6002(b)(1), redesignated
subsec. (b) as (a), struck out ''similar'' after ''fostering and
encouraging'' in par. (1), and struck out former subsec. (a) which
read as follows: ''The Office of Personnel Management shall be
responsible for developing and maintaining, in cooperation with the
Secretary and with other Federal agencies and departments, and in
accordance with the provisions of subpart F of part III of title 5,
appropriate prevention, treatment, and rehabilitation programs and
services for alcohol abuse and alcoholism among Federal civilian
employees, consistent with the purposes of this chapter. Such agencies
and departments are encouraged to extend, to the extent feasible, these
programs and services to the families of alcoholic employees and to
employees who have family members who are alcoholics. Such policies and
services shall make optimal use of existing governmental facilities,
services, and skills.''
Subsecs. (b) to (d). Pub. L. 99-570, 6002(b)(1)(C), redesignated
subsecs. (c) and (d) as (b) and (c), respectively. Former subsec. (b)
redesignated (a).
1984 -- Pub. L. 98-509 amended directory language of Pub. L.
98-24, 2(b)(13). See 1983 Amendment note below.
1983 -- Pub. L. 98-24, 2(b)(13), as amended by Pub. L. 98-509,
renumbered section 4561 of this title as this section.
Subsec. (b)(4). Pub. L. 98-24, 2(b)(13)(B)(i), substituted ''section
290ee-1 of this title'' for ''section 1180(b) of title 21''.
Subsec. (d). Pub. L. 98-24, 2(b)(13)(B)(ii), substituted ''this
section'' for ''this subchapter'', meaning subchapter II ( 4561 et seq.)
of chapter 60 of this title.
1981 -- Subsec. (b). Pub. L. 97-35, 961, 966(d), made changes in
nomenclature, and substituted provisions relating to responsible State
administrative agencies, for provisions relating to single State
agencies designated pursuant to section 4573 of this title.
1980 -- Pub. L. 96-180, 6(b)(2)(A), amended section catchline.
Subsec. (a). Pub. L. 96-180, 6(a), substituted ''Office of Personnel
Management'' for ''Civil Service Commission'' and inserted provisions
that require compliance with provisions of subpart F of part III of
title 5 and encourage agencies and departments to extend the programs
and services to the families of alcoholic employees and to employees who
have family members who are alcoholics.
Subsec. (b). Pub. L. 96-180, 6(b)(1), designated existing provisions
as par. (1), made the Secretary responsible for encouragement of
programs and services, required the programs and services to be designed
for application to families of employees and to employees who have
family members who are alcoholics, and added pars. (2) to (4).
/1/ See References in Text note below.
42 USC 290dd-2. Admission of alcohol abusers and alcoholics to general
hospitals and outpatient facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Discrimination prohibition against private or public hospitals
and outpatient facilities receiving any Federal support
Alcohol abusers and alcoholics who are suffering from medical
conditions shall not be discriminated against in admission or treatment,
solely because of their alcohol abuse or alcoholism, by any private or
public general hospital, or outpatient facility (as defined in section
300s-3(6) /1/ of this title) which receives support in any form from any
program supported in whole or in part by funds appropriated to any
Federal department or agency.
(b) Regulations of Secretary: enforcement procedures, suspension or
revocation of Federal support
(1) The Secretary shall issue regulations not later than December 31,
1976 for the enforcement of the policy of subsection (a) of this section
with respect to the admission and treatment of alcohol abusers and
alcoholics in hospitals or outpatient facilities which receive support
of any kind from any program administered by the Secretary. Such
regulations shall include procedures for determining (after opportunity
for a hearing if requested) if a violation of subsection (a) of this
section has occurred, notification of failure to comply with such
subsection, and opportunity for a violator to comply with such
subsection. If the Secretary determines that a hospital or outpatient
facility subject to such regulations has violated subsection (a) of this
section and such violation continues after an opportunity has been
afforded for compliance, the Secretary may suspend or revoke, after
opportunity for a hearing, all or part of any support of any kind
received by such hospital or outpatient facility from any program
administered by the Secretary. The Secretary may consult with the
officials responsible for the administration of any other Federal
program from which such hospital or outpatient facility receives support
of any kind, with respect to the suspension or revocation of such other
Federal support for such hospital or outpatient facility.
(2) Superseded. Pub. L. 94-581, title I, 111(c)(1), Oct. 21, 1976,
90 Stat. 2852.
(July 1, 1944, ch. 373, title V, 543, formerly Pub. L. 91-616, title
III, 321, Dec. 31, 1970, 84 Stat. 1852, as amended Pub. L. 93-282,
title I, 121(a), May 14, 1974, 88 Stat. 130; Pub. L. 94-371, 11(a),
(b), July 26, 1976, 90 Stat. 1041; Pub. L. 94-581, title I, 111(c)(1),
Oct. 21, 1976, 90 Stat. 2852; renumbered 522 of act July 1, 1944, and
amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(13), 97 Stat. 181;
renumbered 543, July 22, 1987, Pub. L. 100-77, title VI, 611(2), 101
Stat. 516.)
Paragraph (6) of section 300s-3 of this title, referred to in subsec.
(a), was redesignated as par. (4) by Pub. L. 96-79, title II,
203(e)(1), Oct. 4, 1978, 93 Stat. 635.
Section was formerly classified to section 4581 of this title prior
to renumbering by Pub. L. 98-24.
1983 -- Pub. L. 98-24, 2(b)(13), renumbered section 4581 of this
title as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(13)(C), made a technical amendment
to reference to section 300s-3 of this title.
1976 -- Subsec. (a). Pub. L. 94-371, 11(a), inserted '', or
outpatient facility (as defined in section 300s-3(6) of this title)''
after ''hospital''.
Subsec. (b)(1). Pub. L. 94-371, 11(b), inserted ''and outpatient
facilities'' after ''hospitals'', and ''or outpatient facility'' after
''hospital'' wherever appearing, and substituted ''shall issue
regulations not later than December 31, 1976'' for ''is authorized to
make regulations''.
Subsec. (b)(2). Pub. L. 94-581 provided that subsec. (b)(2), which
directed the Administrator of Veteran's Affairs, through the Chief
Medical Director, to prescribe regulations making applicable the
regulations prescribed by the Secretary under subsec. (b)(1) to the
provision of hospital care, nursing home care, domiciliary care, and
medical services under title 38 to veterans suffering from alcohol abuse
or alcoholism and to consult with the Secretary in order to achieve the
maximum possible coordination of the regulations, and the implementation
thereof, which they each prescribed, was superseded by section 4131 (now
7331) et seq. of Title 38, Veterans' Benefits.
1974 -- Subsec. (a). Pub. L. 93-282, in revising text, prohibited
discrimination because of alcohol abuse, substituted provisions
respecting eligibility for admission and treatment based on suffering
from medical conditions for former provision based on medical need and
ineligibility, because of discrimination, for support in any form from
any program supported in whole or in part by funds appropriated to any
Federal department or agency for former requirement for treatment by a
general hospital which received Federal funds, and deleted prohibition
against receiving Federal financial assistance for violation of section
and for termination of Federal assistance on failure to comply, now
incorporated in regulation authorization of subsec. (b) of this
section.
Subsec. (b). Pub. L. 93-282 substituted provisions respecting
issuance of regulations by the Secretary concerning enforcement
procedures and suspension or revocation of Federal support and by the
Administrator concerning applicable regulations for veterans, and for
coordination of the respective regulations for former provisions
respecting judicial review.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of Title 38,
Veterans' Benefits.
Register
Section 121(b) of Pub. L. 93-282, which directed Administrator of
Veterans' Affairs to submit to appropriate committees of House of
Representatives and Senate a full report (1) on regulations (including
guidelines, policies, and procedures thereunder) he had prescribed
pursuant to section 321(b)(2) of Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (former
subsec. (b)(2) of this section), (2) explaining bases for any
inconsistency between such regulations and regulations of Secretary
under section 321(b)(1) of such Act (subsec. (b)(1) of this section),
(3) on extent, substance, and results of his consultations with
Secretary respecting prescribing and implementation of Administrator's
regulations, and (4) containing such recommendations for legislation and
administrative actions as he determined were necessary and desirable,
with Administrator to submit report not later than sixty days after
effective date of regulations prescribed by Secretary under such section
321(b)(1) (subsec. (b)(1) of this section), and to publish such report
in Federal Register, was characterized by section 111(c)(5) of Pub. L.
94-581 as having been superseded by section 4134 (now 7334) of Title 38,
Veterans' Benefits.
/1/ See References in Text note below.
42 USC 290dd-3. Confidentiality of patient records
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Disclosure authorization
Records of the identity, diagnosis, prognosis, or treatment of any
patient which are maintained in connection with the performance of any
program or activity relating to alcoholism or alcohol abuse education,
training, treatment, rehabilitation, or research, which is conducted,
regulated, or directly or indirectly assisted by any department or
agency of the United States shall, except as provided in subsection (e)
of this section, be confidential and be disclosed only for the purposes
and under the circumstances expressly authorized under subsection (b) of
this section.
(b) Purposes and circumstances of disclosure affecting consenting
patient and patient regardless of consent
(1) The content of any record referred to in subsection (a) of this
section may be disclosed in accordance with the prior written consent of
the patient with respect to whom such record is maintained, but only to
such extent, under such circumstances, and for such purposes as may be
allowed under regulations prescribed pursuant to subsection (g) of this
section.
(2) Whether or not the patient, with respect to whom any given record
referred to in subsection (a) of this section is maintained, gives his
written consent, the content of such record may be disclosed as follows:
(A) To medical personnel to the extent necessary to meet a bona fide
medical emergency.
(B) To qualified personnel for the purpose of conducting scientific
research, management audits, financial audits, or program evaluation,
but such personnel may not identify, directly or indirectly, any
individual patient in any report of such research, audit, or evaluation,
or otherwise disclose patient identities in any manner.
(C) If authorized by an appropriate order of a court of competent
jurisdiction granted after application showing good cause therefor. In
assessing good cause the court shall weigh the public interest and the
need for disclosure against the injury to the patient, to the
physician-patient relationship, and to the treatment services. Upon the
granting of such order, the court, in determining the extent to which
any disclosure of all or any part of any record is necessary, shall
impose appropriate safeguards against unauthorized disclosure.
(c) Prohibition against use of record in making criminal charges or
investigation of patient
Except as authorized by a court order granted under subsection
(b)(2)(C) of this section, no record referred to in subsection (a) of
this section may be used to initiate or substantiate any criminal
charges against a patient or to conduct any investigation of a patient.
(d) Continuing prohibition against disclosure irrespective of status
as patient
The prohibitions of this section continue to apply to records
concerning any individual who has been a patient, irrespective of
whether or when he ceases to be a patient.
(e) Armed Forces and Department of Veterans Affairs; interchange of
records; report of suspected child abuse and neglect to State or local
authorities
The prohibitions of this section do not apply to any interchange of
records --
(1) within the Armed Forces or within those components of the
Department of Veterans Affairs furnishing health care to veterans, or
(2) between such components and the Armed Forces.
The prohibitions of this section do not apply to the reporting under
State law of incidents of suspected child abuse and neglect to the
appropriate State or local authorities.
(f) Penalty for first and subsequent offenses
Any person who violates any provision of this section or any
regulation issued pursuant to this section shall be fined not more than
$500 in the case of a first offense, and not more than $5,000 in the
case of each subsequent offense.
(g) Regulations of Secretary; definitions, safeguards, and
procedures, including procedures and criteria for issuance and scope of
orders
Except as provided in subsection (h) /1/ of this section, the
Secretary shall prescribe regulations to carry out the purposes of this
section. These regulations may contain such definitions, and may
provide for such safeguards and procedures, including procedures and
criteria for the issuance and scope of orders under subsection (b)(2)(C)
of this section, as in the judgment of the Secretary are necessary or
proper to effectuate the purposes of this section, to prevent
circumvention or evasion thereof, or to facilitate compliance therewith.
(July 1, 1944, ch. 373, title V, 544, formerly Pub. L. 91-616, title
III, 333, Dec. 31, 1970, 84 Stat. 1853, as amended Pub. L. 93-282,
title I, 122(a), May 14, 1974, 88 Stat. 131; Pub. L. 94-581, title I,
111(c)(4), Oct. 21, 1976, 90 Stat. 2852; renumbered 523 of act July 1,
1944, Apr. 26, 1983, Pub. L. 98-24, 2(b)(13), 97 Stat. 181; Aug. 27,
1986, Pub. L. 99-401, title I, 106(a), 100 Stat. 907; renumbered 544,
July 22, 1987, Pub. L. 100-77, title VI, 611(2), 101 Stat. 516; June
13, 1991, Pub. L. 102-54, 13(q)(1)(A)(ii), 105 Stat. 278.)
Subsection (h) of this section, referred to in subsec. (g), was
superseded by Pub. L. 94-581, title I, 111(c)(4), Oct. 21, 1976, 90
Stat. 2852. See 1976 Amendment note below.
Section was formerly classified to section 4582 of this title prior
to its renumbering by Pub. L. 98-24.
1991 -- Subsec. (e)(1). Pub. L. 102-54 substituted ''Department of
Veterans Affairs'' for ''Veterans' Administration''.
1986 -- Subsec. (e). Pub. L. 99-401 inserted provisions that
prohibitions of this section do not apply to reporting under State law
of incidents of suspected child abuse and neglect to State or local
authorities.
1983 -- Pub. L. 98-24, 2(b)(13), renumbered section 4582 of this
title as this section.
1976 -- Subsec. (h). Pub. L. 94-581 provided that subsec. (h),
which directed Administrator of Veterans' Affairs, through the Chief
Medical Director, to prescribe regulations making applicable the
regulations prescribed by Secretary under subsection (g) of this section
to records maintained in connection with provision of hospital care,
nursing home care, domiciliary care, and medical services under title 38
to veterans suffering from alcohol abuse or alcoholism and to consult
with Secretary in order to achieve maximum possible coordination of
regulations, and implementation thereof, which they each prescribed, was
superseded by section 4131 (now 7331) et seq. of title 38.
1974 -- Subsecs. (a) to (h). Pub. L. 93-282 substituted subsecs.
(a) to (h) for former provisions empowering the Secretary to authorize
persons engaged in research on, or treatment with respect to alcohol
abuse and alcoholism to protect the privacy of individuals who were the
subject of such research or treatment by withholding from all persons
not connected with the conduct of such research or treatment the names
or other identifying characteristics of such individuals and prohibiting
compulsory identification of such individuals in any Federal, State, or
local civil, criminal, administrative, legislative, or other proceeding
by any persons so authorized to protect the privacy of such individuals.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of Title 38,
Veterans' Benefits.
Register
Section 122(c) of Pub. L. 93-282, which directed Administrator of
Veterans' Affairs to submit to appropriate committees of House of
Representatives and Senate a full report (1) on regulations (including
guidelines, policies, and procedures thereunder) he had prescribed
pursuant to section 333(h) of Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment, and Rehabilitation Act of 1970 (former subsec.
(h) of this section), (2) explaining the basis for any inconsistency
between such regulations and regulations of Secretary under section
333(g) of such Act (subsec. (g) of this section), (3) on extent,
substance, and results of his consultations with Secretary respecting
the prescribing and implementation of Administrator's regulations, and
(4) containing such recommendations for legislation and administrative
actions as he determined were necessary and desirable, with
Administrator to submit report not later than sixty days after effective
date of regulations prescribed by Secretary under such section 333(g)
(subsec. (g) of this section), and to publish such report in Federal
Register, was characterized by section 111(c)(8) of Pub. L. 94-581 as
having been superseded by section 4134 (now 7334) of Title 38, Veterans'
Benefits.
/1/ See References in Text note below.
42 USC subpart 2 -- provisions relating to drug abuse
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290ee. Technical assistance to State and local agencies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Coordination of prevention functions; central clearinghouse for
information and assistance
The Director of the National Institute on Drug Abuse shall --
(1) coordinate or assure coordination of Federal drug abuse
prevention functions with corresponding functions of State and local
governments; and
(2) provide for a central clearinghouse for Federal, State, and local
governments, public and private agencies, and individuals seeking drug
abuse information and assistance from the Federal Government.
(b) Technical assistance to State and local agencies; local programs
for analysis and resolutions; conferences, expenses; model
legislation; uniform procedures, criteria and forms
In carrying out his functions under this section, the Director may --
(1) provide technical assistance -- including advice and consultation
relating to local programs, technical and professional assistance, and,
where deemed necessary, use of task forces of public officials or other
persons assigned to work with State and local governments -- to analyze
and identify State and local drug abuse problems and assist in the
development of plans and programs to meet the problems so identified;
(2) convene conferences of State, local, and Federal officials, and
such other persons as the Director shall designate and the Director is
authorized to pay reasonable expenses of individuals incurred in
connection with their participation in such conferences; and
(3) draft and make available to State and local governments model
legislation with respect to State and local drug abuse programs and
activities, and provide for uniform forms for, procedures for the
submission of, and criteria for the consideration of applications of
State and local governments and individuals for grants and contracts for
drug abuse prevention, control, and treatment programs.
(c) Task forces
In implementation of his authority under subsection (b)(1) of this
section, the Director may --
(1) take such action as may be necessary to request the assignment,
with or without reimbursement, of any individual employed by any Federal
department or agency and engaged in any Federal drug abuse prevention
function or drug traffic prevention function to serve as a member of any
such task force; except that no such person shall be so assigned during
any one fiscal year for more than an aggregate of ninety days without
the express approval of the head of the Federal department or agency
with respect to which he was so employed prior to such assignment;
(2) assign any person employed by the Institute to serve as a member
of any such task force or to coordinate management of such task forces;
and
(3) enter into contracts or other agreements with any person or
organization to serve on or work with such task forces.
(d) Technical assistance
On the request of any State, the Secretary shall, to the extent
feasible, make available technical assistance for the purposes of
developing and improving systems for data collection; program
management, accountability, and evaluation; certification,
accreditation, or licensure of treatment facilities and personnel;
monitoring compliance with the requirements of section 290ee-2 of this
title by hospitals and other facilities; and eliminating exclusions in
health insurance coverage offered in the State which are based on drug
abuse or drug dependence. Insofar as practicable, such technical
assistance shall be provided in such a manner as to improve coordination
between activities funded under this subchapter.
(July 1, 1944, ch. 373, title V, 545, formerly Pub. L. 92-255, title
V, 502, as added Pub. L. 94-237, 12(b)(1), Mar. 19, 1976, 90 Stat.
247, and amended Pub. L. 95-461, 5, Oct. 14, 1978, 92 Stat. 1269;
Pub. L. 96-181, 11, Jan. 2, 1980, 93 Stat. 1315; renumbered 524 of
act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(15),
97 Stat. 181; renumbered 545, July 22, 1987, Pub. L. 100-77, title
VI, 611(2), 101 Stat. 516; Nov. 4, 1988, Pub. L. 100-607, title VIII,
813(3), 102 Stat. 3170; Nov. 7, 1988, Pub. L. 100-628, title VI,
613(3), 102 Stat. 3243; Aug. 16, 1989, Pub. L. 101-93, 5(t)(1), 103
Stat. 615.)
Section was formerly classified to section 1192 of Title 21, Food and
Drugs, prior to its renumbering by Pub. L. 98-24.
1989 -- Subsec. (d). Pub. L. 101-93 directed that subsec. (d) of
this section as similarly amended by title VIII of Pub. L. 100-607 and
title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (d). Pub. L. 100-607 and Pub. L. 100-628 made
identical technical amendments to reference to section 290ee-2 of this
title to reflect renumbering of corresponding section of original act.
1983 -- Pub. L. 98-24, 2(15), renumbered section 1192 of Title 21,
Food and Drugs, as this section.
Subsec. (a). Pub. L. 98-24, 2(b)(15)(A), substituted ''The Director
of the National Institute on Drug Abuse'' for ''The Director''.
Subsec. (b)(2). Pub. L. 98-24, 2(b)(15)(B), struck out '', to
promote the purposes of this chapter,'' after ''shall designate''.
Subsec. (d). Pub. L. 98-24, 2(b)(15)(C), (D), substituted ''section
290ee-2 of this title'' for reference to section 1174 of title 21, and
substituted ''this subchapter'' for references to this chapter, meaning
chapter 16 ( 1101 et seq.) of title 21, and the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of
1970 (42 U.S.C. 4541 et seq.).
1980 -- Subsec. (d). Pub. L. 96-181 added subsec. (d).
1978 -- Subsec. (b)(3). Pub. L. 95-461 substituted provision
relating to drug abuse prevention, control, and treatment programs for
provision relating to drug abuse control and treatment programs.
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290ee-1. Drug abuse among government and other employees
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Programs and services in State and local governments and private
industry
(1) The Secretary, acting through the National Institute on Drug
Abuse, shall be responsible for fostering and encouraging drug abuse
prevention, treatment, and rehabilitation programs and services in State
and local governments and in private industry.
(2)(A) Consistent with such responsibility, the Secretary, acting
through the National Institute on Drug Abuse, shall develop a variety of
model programs suitable for replication on a cost-effective basis in
different types of business concerns and State and local governmental
entities.
(B) The Secretary, acting through the Institute, shall disseminate
information and materials relative to such model programs to the State
agencies responsible for the administration of drug abuse prevention
activities, and, shall to the extent feasible, provide technical
assistance to such agencies as requested.
(3) Model programs developed under paragraph (2) shall, in the case
of business concerns and governmental entities which employ individuals
represented by labor organizations, be designed for implementation
through cooperative agreements between the concerns and entities and the
organizations.
(4) To the extent feasible, model programs developed under paragraph
(2) shall be capable of coordination with model programs developed
pursuant to section 290dd-1 of this title.
(b) Disqualification solely on ground of prior drug abuse prohibited;
certain agencies, national security employment, and sensitive positions
excepted from restriction
(1) No person may be denied or deprived of Federal civilian
employment or a Federal profession or other license or right solely on
the ground of prior drug abuse.
(2) This subsection shall not apply to employment (A) in the Central
Intelligence Agency, the Federal Bureau of Investigation, the National
Security Agency, or any other department or agency of the Federal
Government designated for purposes of national security by the
President, or (B) in any position in any department or agency of the
Federal Government, not referred to in clause (A), which position is
determined pursuant to regulations prescribed by the head of such
department or agency to be a sensitive position.
(c) Dismissal for functional disability
This section shall not be construed to prohibit the dismissal from
employment of a Federal civilian employee who cannot properly function
in his employment.
(July 1, 1944, ch. 373, title V, 546, formerly Pub. L. 92-255, title
IV, 413, Mar. 21, 1972, 86 Stat. 84, as amended Pub. L. 96-181, 8(a),
(b)(1), Jan. 2, 1980, 93 Stat. 1313, 1314; Pub. L. 97-35, title IX,
973(e), Aug. 13, 1981, 95 Stat. 598; renumbered 525 of act July 1,
1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(16)(A), 97 Stat.
182; Oct. 27, 1986, Pub. L. 99-570, title VI, 6002(b)(2), 100 Stat.
3207-159; renumbered 546, July 22, 1987, Pub. L. 100-77, title VI,
611(2), 101 Stat. 516; Nov. 4, 1988, Pub. L. 100-607, title VIII,
813(4), 102 Stat. 3171; Nov. 7, 1988, Pub. L. 100-628, title VI,
613(4), 102 Stat. 3243; Aug. 16, 1989, Pub. L. 101-93, 5(t)(1), 103
Stat. 615.)
Section was formerly classified to section 1180 of Title 21, Food and
Drugs, prior to its renumbering by Pub. L. 98-24.
1989 -- Subsec. (a)(4). Pub. L. 101-93 directed that subsec. (a)(4)
of this section as similarly amended by title VIII of Pub. L. 100-607
and title VI of Pub. L. 100-628 be amended to read as if the amendments
made by title VI of Pub. L. 100-628 had not been enacted. See 1988
Amendment note below.
1988 -- Subsec. (a)(4). Pub. L. 100-607 and Pub. L. 100-628 made
identical technical amendments to reference to section 290dd-1 of this
title to reflect renumbering of corresponding section of original act.
1986 -- Subsec. (a). Pub. L. 99-570, 6002(b)(2), redesignated
subsec. (b) as (a), struck out ''similar'' after ''fostering and
encouraging'' in par. (1), and struck out former subsec. (a) which
read as follows: ''The Office of Personnel Management shall be
responsible for developing and maintaining, in cooperation with the
President, with the Secretary (acting through the National Institute on
Drug Abuse), and with other Federal agencies and departments and in
accordance with the provisions of subpart F of part III of title 5,
appropriate prevention, treatment, and rehabilitation programs and
services for drug abuse among Federal civilian employees. Such agencies
and departments are encouraged to extend, to the extent feasible, these
programs and services to the families of employees and to employees who
have family members who are drug abusers. Such policies and services
shall make optimal use of existing governmental facilities, services,
and skills.''
Subsecs. (b) to (d). Pub. L. 99-570, 6002(b)(2)(C), redesignated
subsecs. (c) and (d) as (b) and (c), respectively. Former subsec. (b)
redesignated (a).
1983 -- Pub. L. 98-24, 2(b)(16)(A), renumbered section 1180 of
Title 21, Food and Drugs, as this section.
Subsec. (b)(4). Pub. L. 98-24, 2(b)(16)(A)(iii), substituted
''section 290dd-1 of this title'' for ''section 4561(b) of this title''.
1981 -- Subsec. (b)(2)(B). Pub. L. 97-35 substituted provisions
respecting State agencies responsible for administering activities for
provisions respecting single State agencies designated pursuant to
section 1176(e)(1) of title 21.
1980 -- Subsec. (a). Pub. L. 96-181, 8(a), substituted ''Office of
Personnel Management'' for ''Civil Service Commission'', ''President,
with the Secretary (acting through the National Institute on Drug
Abuse),'' for ''Director'', and ''agencies and departments in accordance
with the provisions of subpart F of part III of title 5, appropriate''
for ''agencies and departments, appropriate'', and inserted provision
that the agencies and departments are encouraged to extend the programs
and services to families of employees and to employees who have family
members who are drug abusers.
Subsec. (b). Pub. L. 96-181, 8(b)(1), designated existing provisions
as par. (1) and transferred responsibility of fostering and encouraging
similar drug abuse prevention, treatment and rehabilitation programs and
services in non-Federal government and private industry from the
Director to the Secretary, and added pars. (2) to (4).
Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section
631 of Pub. L. 100-628, set out as a note under section 256 of this
title.
Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section
831 of Pub. L. 100-607, set out as a note under section 256 of this
title.
42 USC 290ee-2. Admission of drug abusers to private and public
hospitals
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Discrimination prohibited
Drug abusers who are suffering from medical conditions shall not be
discriminated against in admission or treatment, solely because of their
drug abuse or drug dependence, by any private or public general hospital
which receives support in any form from any program supported in whole
or in part by funds appropriated to any Federal department or agency.
(b) Regulations; suspension or revocation of Federal support
(1) The Secretary is authorized to make regulations for the
enforcement of the policy of subsection (a) of this section with respect
to the admission and treatment of drug abusers in hospitals which
receive support of any kind from any program administered by the
Secretary. Such regulations shall include procedures for determining
(after opportunity for a hearing if requested) if a violation of
subsection (a) of this section has occurred, notification of failure to
comply with such subsection, and opportunity for a violator to comply
with such subsection. If the Secretary determines that a hospital
subject to such regulations has violated subsection (a) of this section
and such violation continues after an opportunity has been afforded for
compliance, the Secretary may suspend or revoke, after opportunity for a
hearing, all or part of any support of any kind received by such
hospital from any program administered by the Secretary. The Secretary
may consult with the officials responsible for the administration of any
other Federal program from which such hospital receives support of any
kind, with respect to the suspension or revocation of such other Federal
support for such hospital.
(2) Superseded. Pub. L. 94-581, title I, 111(c)(2), Oct. 21, 1976,
90 Stat. 2852.
(July 1, 1944, ch. 373, title V, 547, formerly Pub. L. 92-255, title
IV, 407, Mar. 21, 1972, 86 Stat. 78, as amended Pub. L. 94-237, 6(a),
Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-581, title I, 111(c)(2), Oct.
21, 1976, 90 Stat. 2852; renumbered 526 of act July 1, 1944, Apr. 26,
1983. Pub. L. 98-24, 2(b)(16)(B), 97 Stat. 182; renumbered 547, July
22, 1987, Pub. L. 100-77, title VI, 611(2), 101 Stat. 516.)
Section was formerly classified to section 1174 of Title 21, Food and
Drugs, prior to its renumbering by Pub. L. 98-24.
1983 -- Pub. L. 98-24, 2(b)(16)(B), renumbered section 1174 of
Title 21, Food and Drugs, as this section, and revised section
catchline.
1976 -- Subsec. (a). Pub. L. 94-237 struck out ''emergency'' after
''suffering from'' and substituted ''discriminated against in'' for
''refused''.
Subsec. (b). Pub. L. 94-581 provided that par. (2), which directed
Administrator of Veterans' Affairs, through Chief Medical Director, to
prescribe regulations making applicable the regulations prescribed by
Secretary under subsec. (b)(1) to provision of hospital care, nursing
home care, domiciliary care, and medical services under title 38 to
veterans suffering from drug abuse or drug dependence and to consult
with Secretary in order to achieve the maximum possible coordination, of
regulations, and implementation thereof, which they each prescribed, was
superseded by section 4131 (now 7331) et seq. of title 38.
Pub. L. 94-237 redesignated existing provisions as par. (1),
inserted provision relating to the administration and treatment of drug
abusers in hospitals which receive support of any kind from any program
administered by the Secretary, and added par. (2).
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of Title 38,
Veterans' Benefits.
Register
Section 6(b) of Pub. L. 94-237, which directed Administrator of
Veterans' Affairs to submit to appropriate committees of House of
Representatives and Senate a full report (1) on regulations (including
guidelines, policies, and procedures thereunder) he had prescribed
pursuant to section 407(b)(2) of the Act (former subsec. (b)(2) of this
section), (2) explaining basis for any inconsistency between such
regulations and regulations of Secretary under section 407(b)(1) of the
Act (subsec. (b)(1) of this section), (3) on extent, substance, and
results of his consultations with Secretary respecting the prescribing
and implementation of Administrator's regulations, and (4) containing
such recommendations for legislation and administrative actions as he
determined were necessary and desirable, with Administrator to submit
report not later than sixty days after effective date of regulations
prescribed by Secretary under such section 407(b)(1) and to publish such
report in Federal Register, was characterized by section 111(c)(6) of
Pub. L. 94-581 as having been superseded by section 4134 (now 7334) of
Title 38, Veterans' Benefits.
42 USC 290ee-3. Confidentiality of patient records
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Disclosure authorization
Records of the identity, diagnosis, prognosis, or treatment of any
patient which are maintained in connection with the performance of any
drug abuse prevention function conducted, regulated, or directly or
indirectly assisted by any department or agency of the United States
shall, except as provided in subsection (e) of this section, be
confidential and be disclosed only for the purposes and under the
circumstances expressly authorized under subsection (b) of this section.
(b) Purposes and circumstances of disclosure affecting consenting
patient and patient regardless of consent
(1) The content of any record referred to in subsection (a) of this
section may be disclosed in accordance with the prior written consent of
the patient with respect to whom such record is maintained, but only to
such extent, under such circumstances, and for such purposes as may be
allowed under regulations prescribed pursuant to subsection (g) of this
section.
(2) Whether or not the patient, with respect to whom any given record
referred to in subsection (a) of this section is maintained, gives his
written consent, the content of such record may be disclosed as follows:
(A) To medical personnel to the extent necessary to meet a bona fide
medical emergency.
(B) To qualified personnel for the purpose of conducting scientific
research, management audits, financial audits, or program evaluation,
but such personnel may not identify, directly or indirectly, any
individual patient in any report of such research, audit, or evaluation,
or otherwise disclose patient identities in any manner.
(C) If authorized by an appropriate order of a court of competent
jurisdiction granted after application showing good cause therefor. In
assessing good cause the court shall weigh the public interest and the
need for disclosure against the injury to the patient, to the
physician-patient relationship, and to the treatment services. Upon the
granting of such order, the court, in determining the extent to which
any disclosure of all or part of any record is necessary, shall impose
appropriate safeguards against unauthorized disclosure.
(c) Prohibition against use of record in making criminal charges or
investigation of patient
Except as authorized by a court order granted under subsection
(b)(2)(C) of this section, no record referred to in subsection (a) of
this section may be used to initiate or substantiate any criminal
charges against a patient or to conduct any investigation of a patient.
(d) Continuing prohibition against disclosure irrespective of status
as patient
The prohibitions of this section continue to apply to records
concerning any individual who has been a patient, irrespective of
whether or when he ceases to be a patient.
(e) Armed Forces and Department of Veterans Affairs; interchange of
records; report of suspected child abuse and neglect to State or local
authorities
The prohibitions of this section do not apply to any interchange of
records --
(1) within the Armed Forces or within those components of the
Department of Veterans Affairs furnishing health care to veterans, or
(2) between such components and the Armed Forces.
The prohibitions of this section do not apply to the reporting under
State law of incidents of suspected child abuse and neglect to the
appropriate State or local authorities.
(f) Penalty for first and subsequent offenses
Any person who violates any provision of this section or any
regulation issued pursuant to this section shall be fined not more than
$500 in the case of a first offense, and not more than $5,000 in the
case of each subsequent offense.
(g) Regulations; interagency consultations; definitions,
safeguards, and procedures, including procedures and criteria for
issuance and scope of orders
Except as provided in subsection (h) of this section, the Secretary,
after consultation with the Secretary of Veterans Affairs and the heads
of other Federal departments and agencies substantially affected
thereby, shall prescribe regulations to carry out the purposes of this
section. These regulations may contain such definitions, and may
provide for such safeguards and procedures, including procedures and
criteria for the issuance and scope of orders under subsection (b)(2)(C)
of this section, as in the judgment of the Secretary are necessary or
proper to effectuate the purposes of this section, to prevent
circumvention or evasion thereof, or to facilitate compliance therewith.
(July 1, 1944, ch. 373, title V, 548, formerly Pub. L. 92-255, title
IV, 408, Mar. 21, 1972, 86 Stat. 79, as amended Pub. L. 93-282, title
III, 303(a), (b), May 14, 1974, 88 Stat. 137, 138; Pub. L. 94-237,
4(c)(5)(A), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-581, title I,
111(c)(3), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 97-35, title IX,
973(d), Aug. 13, 1981, 95 Stat. 598; renumbered 527 of act July 1,
1944, and amended Apr. 26, 1983, Pub. L. 98-24, 2(b)(16)(B), 97 Stat.
182; Aug. 27, 1986, Pub. L. 99-401, title I, 106(b), 100 Stat. 907;
renumbered 548, July 22, 1987, Pub. L. 100-77, title VI, 611(2), 101
Stat. 516; June 13, 1991, Pub. L. 102-54, 13(q)(1)(A)(iii), (B)(ii),
105 Stat. 278.)
Section was formerly classified to section 1175 of Title 21, Food and
Drugs, prior to its renumbering by Pub. L. 98-24.
1991 -- Subsec. (e)(1). Pub. L. 102-54, 13(q)(1)(A)(iii),
substituted ''Department of Veterans Affairs'' for ''Veterans'
Administration''.
Subsec. (g). Pub. L. 102-54, 13(q)(1)(B)(ii), substituted
''Secretary of Veterans Affairs'' for ''Administrator of Veterans'
Affairs''.
1986 -- Subsec. (e). Pub. L. 99-401 inserted provisions that
prohibitions of this section do not apply to reporting under State law
of incidents of suspected child abuse and neglect to State or local
authorities.
1983 -- Pub. L. 98-24, 2(b)(16)(B), renumbered section 1175 of
Title 21, Food and Drugs, as this section.
Subsec. (g). Pub. L. 98-24, 2(b)(16)(B)(ii)(III), struck out ''of
Health and Human Services'' before '', after consultation''.
1981 -- Subsec. (g). Pub. L. 97-35 substituted ''Health and Human
Services'' for ''Health, Education, and Welfare''.
1976 -- Subsec. (g). Pub. L. 94-237 substituted ''Office of Drug
Abuse Policy'' for ''Special Action Office for Drug Abuse Prevention''
in subsec. (g) as originally enacted by section 303(a) of Pub. L.
93-282 and in section 303(b)(1) of Pub. L. 93-282 which amended subsec.
(g) of this section as originally enacted. See 1974 Amendment note
below. This substitution involves the text of subsec. (g) prior to the
substitution of ''Secretary of Health, Education, and Welfare'' for
''Director of the Special Action Office for Drug Abuse Prevention'' and,
therefore, entails no change in text.
Subsec. (h). Pub. L. 94-581 provided that subsec. (h), which
directed Administrator of Veterans' Affairs, through Chief Medical
Director, to prescribe regulations making applicable the regulations
established by Secretary under subsection (g) of this section to records
maintained in connection with provision of hospital care, nursing home
care, domiciliary care, and medical services under title 38 to veterans
suffering from drug abuse and to consult with Secretary in order to
achieve maximum possible coordination of regulations, and implementation
thereof, which they each prescribed, was superseded by section 4131 (now
7331) et seq. of title 38.
1974 -- Subsec. (a). Pub. L. 93-282, 303(a), substituted ''drug
abuse prevention function conducted, regulated, or directly or
indirectly assisted by any department or agency of the United States
shall, except as provided in subsection (e) of this section, be
confidential and be disclosed'' for ''drug abuse prevention function
authorized or assisted under any provision of this Act or any Act
amended by this Act shall be confidential and may be disclosed''.
Subsec. (b)(1). Pub. L. 93-282, 303(a), substituted provision for
disclosure of content of a subsec. (a) record in accordance with prior
written consent of the patient to such extent, under such circumstances,
and for such purposes as may be allowed under regulations prescribed
pursuant to subsec. (g) of this section for former provision for such
disclosure with the patient's written consent to medical personnel for
the purpose of diagnosis or treatment of the patient, and to
governmental personnel for the purpose of obtaining benefits to which
the patient was entitled.
Subsec. (b)(2). Pub. L. 93-282, 303(a), substituted ''Whether or not
the patient, with respect to whom any given record referred to in
subsection (a) of this section is maintained, gives his written
consent'' for ''If the patient, with respect to whom any given record
referred to in subsection (a) of this section is maintained, does not
give his written consent'' and in cl. (B) substituted ''management
audits, financial audits,'' for ''management or financial audits,''.
Subsecs. (c), (d). Pub. L. 93-282, 303(a), reenacted provisions
without any change.
Subsec. (e). Pub. L. 93-282, 303(a), added subsec. (e). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 93-282, 303(a), redesignated former subsec.
(e) as (f), struck out introductory text ''Except as authorized under
subsection (b) of this section,'' and substituted ''Any person who
violates any provision of this section or any regulation issued pursuant
to this section'' for ''any person who discloses the contents of any
record referred to in subsection (a) of this section''.
Subsec. (g). Pub. L. 93-282, 303(a), added subsec. (g).
Pub. L. 93-282, 303(b)(1), (2)(A), substituted in first sentence
''Secretary of Health, Education, and Welfare'' for ''Director of the
Special Action Office for Drug Abuse Prevention'', in second sentence
''Secretary'' for ''Director'', and introductory text ''Except as
provided in subsection (h) of this section, the'' for ''The'', effective
June 30, 1975.
Subsec. (h). Pub. L. 93-282, 303(b)(2)(B), added subsec. (h),
effective June 30, 1975.
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section
211 of Pub. L. 94-581, set out as a note under section 111 of Title 38,
Veterans' Benefits.
Section 303(b)(1), (2) of Pub. L. 93-282 provided that the amendment
made by that section is effective on the date specified in section 1104
of Title 21, Food and Drugs, namely, June 30, 1975.
Register
Section 303(c) of Pub. L. 93-282, which directed Administrator of
Veterans' Affairs to submit to appropriate committees of House of
Representatives and Senate a full report (1) on regulations (including
guidelines, policies, and procedures thereunder) he had prescribed
pursuant to section 408(h) of Drug Abuse Office and Treatment Act of
1972 (former subsec. (h) of this section as added by section
303(b)(2)(B) of Pub. L. 93-282), (2) explaining bases for any
inconsistency between such regulations and regulations of Secretary of
Health, Education, and Welfare under section 408(g) of that Act (subsec.
(g) of this section as added and amended by section 303(b)(1), (2)(A) of
Pub. L. 93-282), (3) on extent, substance, and results of his
consultations with Secretary respecting prescribing and implementation
of Administrator's regulations, and (4) containing such recommendations
for legislation and administrative actions as he determined were
necessary and desirable, with Administrator to submit report not later
than sixty days after effective date of regulations prescribed by
Secretary, was characterized by section 111(c)(7) of Pub. L. 94-581 as
having been superseded by section 4134 (now 7334) of Title 38, Veterans'
Benefits.
Section 303(d) of Pub. L. 93-282, as amended by section 4(c)(5)(B)
of Pub. L. 94-237, provided that: ''Any regulation under or with
respect to section 408 of the Drug Abuse Office and Treatment Act of
1972 (21 U.S.C. 1175) (this section) issued by the Director of the
Office of Drug Abuse Policy prior to the date specified in section 104
of that Act (21 U.S.C. 1104) (June 30, 1975), whether before or after
the enactment of this Act (May 14, 1974), shall remain in effect until
revoked or amended by the Director or the Secretary of Health,
Education, and Welfare (now Health and Human Services), as the case may
be.''
42 USC Part E -- Alternative Utilization of Military Facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 290ff. Action by National Institute on Drug Abuse and States
concerning military facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) National Institute on Drug Abuse
The Director of the National Institute on Drug Abuse shall --
(1) coordinate with the agencies represented on the Commission on
Alternative Utilization of Military Facilities the utilization of
military facilities or parts thereof, as identified by such Commission,
established under the National Defense Authorization Act of 1989, that
could be utilized or renovated to house nonviolent persons for drug
treatment purposes;
(2) notify State agencies responsible for the oversight of drug abuse
treatment entities and programs of the availability of space at the
installations identified in paragraph (1); and
(3) assist State agencies responsible for the oversight of drug abuse
treatment entities and programs in developing methods for adapting the
installations described in paragraph (1) into residential treatment
centers.
(b) States
With regard to military facilities or parts thereof, as identified by
the Commission on Alternative Utilization of Military Facilities
established under section 3042 of the Comprehensive Alcohol Abuse, Drug
Abuse, and Mental Health Amendments Act of 1988, /1/ that could be
utilized or renovated to house nonviolent persons for drug treatment
purposes, State agencies responsible for the oversight of drug abuse
treatment entities and programs shall --
(1) establish eligibility criteria for the treatment of individuals
at such facilities;
(2) select treatment providers to provide drug abuse treatment at
such facilities;
(3) provide assistance to treatment providers selected under
paragraph (2) to assist such providers in securing financing to fund the
cost of the programs at such facilities; and
(4) establish, regulate, and coordinate with the military official in
charge of the facility, work programs for individuals receiving
treatment at such facilities.
(c) Reservation of space
Prior to notifying States of the availability of space at military
facilities under subsection (a)(2) of this section, the Director may
reserve space at such facilities to conduct research or demonstration
projects.
(July 1, 1944, ch. 373, title V, 561, as added Nov. 18, 1988, Pub.
L. 100-690, title II, 2081(a), 102 Stat. 4216.)
The National Defense Authorization Act of 1989, referred to in
subsec. (a)(1), probably means the National Defense Authorization Act,
Fiscal Year 1989, Pub. L. 100-456, Sept. 29, 1988, 102 Stat. 1918.
For complete classification of this Act to the Code, see Tables.
Section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and
Mental Health Amendments Act of 1988, referred to in subsec. (b),
probably should be a reference to section 2819 of the National Defense
Authorization Act, Fiscal Year 1989, Pub. L. 100-456, div. B, title
XXVIII, Sept. 29, 1988, 102 Stat. 2119, which established the
Commission on Alternative Utilization of Military Facilities and which
is set out as a note under section 2391 of Title 10, Armed Forces. The
Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments
Act of 1988, subtitle A of title II of Pub. L. 100-690, Nov. 18, 1988,
102 Stat. 4193, does not include a section 3042.
/1/ See References in Text note below.
42 USC SUBCHAPTER IV -- CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND
OTHER MEDICAL FACILITIES
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
App. sections 202, 214.
42 USC 291. Congressional declaration of purpose
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The purpose of this subchapter is --
(a) to assist the several States in the carrying out of their
programs for the construction and modernization of such public or other
nonprofit community hospitals and other medical facilities as may be
necessary, in conjunction with existing facilities, to furnish adequate
hospital, clinic, or similar services to all their people;
(b) to stimulate the development of new or improved types of physical
facilities for medical, diagnostic, preventive, treatment, or
rehabilitative services; and
(c) to promote research, experiments, and demonstrations relating to
the effective development and utilization of hospital, clinic, or
similar services, facilities, and resources, and to promote the
coordination of such research, experiments, and demonstrations and the
useful application of their results.
(July 1, 1944, ch. 373, title VI, 600, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 447.)
A prior section 291, act July 1, 1944, ch. 373, title VI, 601, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended Oct.
25, 1949, ch. 722, 6, 63 Stat. 900; July 12, 1954, ch. 471, 4(a),
68 Stat. 464, related to subject matter similar to this section prior
to the general amendment of this subchapter by Pub. L. 88-443.
Provisions similar to those comprising this section were contained in
former section 291o, act July 1, 1944, ch. 373, title VI, 641, as
added July 12, 1954, ch. 471, 2, 68 Stat. 461, prior to the general
amendment of this subchapter by Pub. L. 88-443.
Section 3(b) of Pub. L. 88-443, as amended by Pub. L. 91-296, title
I, 120, June 30, 1970, 84 Stat. 343, provided that: ''The amendment
made by subsection (a) (enacting this section and sections 291a to 291j,
291k to 291m, 291n, and 291o of this title) shall become effective upon
the date of enactment of this Act (Aug. 18, 1964), except that --
''(1) all applications approved by the Surgeon General under title VI
of the Public Health Service Act (this subchapter) prior to such date,
and allotments of sums appropriated prior to such date, shall be
governed by the provisions of such title VI in effect prior to such
date;
''(2) allotment percentages promulgated by the Surgeon General under
such title VI during 1962 shall continue to be effective for purposes of
such title as amended by this Act for the fiscal year ending June 30,
1965;
''(3) the terms of members of the Federal Hospital Council who are
serving on such Council prior to such date shall expire on the date they
would have expired had this Act not been enacted;
''(4) the provisions of the fourth sentence of section 636(a) of the
Public Health Service Act (former section 291n of this title), as in
effect prior to the enactment of this Act, shall apply in lieu of the
fourth sentence of section 624(a) of the Public Health Service Act
(section 291n(a) of this title), as amended by this Act, in the case of
any project for construction of a facility or for acquisition of
equipment with respect to which a grant for any part thereof or for
planning such construction or equipment was made prior to the enactment
of this Act;
''(5) no application with respect to a project for modernization of
any facility in any State may be approved by the Surgeon General, for
purposes of receiving funds from an allotment under section 602(a)(2) of
the Public Health Service Act, as amended by this Act (section
291b(a)(2) of this title), before July 1, 1965, or before such State has
had a State plan approved by the Surgeon General as meeting the
requirements of section 604(a)(4)(E) (section 291d(a)(4)(E) of this
title) as well as the other requirements of section 604 of such Act as
so amended (section 291d of this title);
''(6) the provisions of clause (b) of section 609 of the Public
Health Service Act (section 291i of this title), as amended by this Act,
shall apply with respect to any project whether it was approved, and
whether the event specified in such clause occurred, before, on, or
after the date of enactment of this Act (June 30, 1970), except that it
shall not apply in the case of any project with respect to which
recovery under title VI of such Act (this subchapter) has been made
prior to the enactment of this paragraph.''
42 USC Part A -- Grants and Loans for Construction and Modernization of
Hospitals and Other Medical Facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 291a. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In order to assist the States in carrying out the purposes of section
291 of this title, there are authorized to be appropriated --
(a) for the fiscal year ending June 30, 1974 --
(1) $20,800,000 for grants for the construction of public or other
nonprofit facilities for long-term care;
(2) $70,000,000 for grants for the construction of public or other
nonprofit outpatient facilities;
(3) $15,000,000 for grants for the construction of public or other
nonprofit rehabilitation facilities;
(b) for grants for the construction of public or other nonprofit
hospitals and public health centers, $150,000,000 for the fiscal year
ending June 30, 1965, $160,000,000 for the fiscal year ending June 30,
1966, $170,000,000 for the fiscal year ending June 30, 1967,
$180,000,000 each for the next two fiscal years, $195,000,000 for the
fiscal year ending June 30, 1970, $147,500,000 for the fiscal year
ending June 30, 1971, $152,500,000 for the fiscal year ending June 30,
1972, $157,500,000 for the fiscal year ending June 30, 1973, and
$41,400,000 for the fiscal year ending June 30, 1974; and
(c) for grants for modernization of the facilities referred to in
paragraphs (a) and (b), $65,000,000 for the fiscal year ending June 30,
1971, $80,000,000 for the fiscal year ending June 30, 1972, $90,000,000
for the fiscal year ending June 30, 1973, and $50,000,000 for the fiscal
year ending June 30, 1974.
(July 1, 1944, ch. 373, title VI, 601, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 448, and amended Oct. 15, 1968, Pub. L.
90-574, title IV, 402(a), 82 Stat. 1011; June 30, 1970, Pub. L.
91-296, title I, 101(a), 102(a), 116(a), 84 Stat. 337, 341; June 18,
1973, Pub. L. 93-45, title I, 108(a), 87 Stat. 92.)
A prior section 291a, act July 1, 1944, ch. 373, title VI, 611, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, authorized
appropriations for surveys and planning prior to the general amendment
of this subchapter by Pub. L. 88-443.
A prior section 291d, act July 1, 1944, ch. 373, title VI, 621, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended Oct.
25, 1949, ch. 722, 2(a), 63 Stat. 897; July 27, 1953, ch. 243, 67
Stat. 196; Aug. 2, 1956, ch. 871, title IV, 401, 70 Stat. 929;
Aug. 14, 1958, Pub. L. 85-664, 1(a), 72 Stat. 616 related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291p, act July 1, 1944, ch. 373, title VI, 646, as
added July 12, 1954, ch. 471, 2, 68 Stat. 461 related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291s, act July 1, 1944, ch. 373, title VI, 651, as
added July 12, 1954, ch. 471, 3, 68 Stat. 462, and amended Aug. 2,
1956, ch. 871, title IV, 402, 70 Stat. 929; Aug. 14, 1958, Pub. L.
85-664, 1(b), 72 Stat. 616; Oct. 5, 1961, Pub. L. 87-395, 3(a), 75
Stat. 825 related to subject matter similar to this section prior to
the general amendment of this subchapter by Pub. L. 88-443.
1973 -- Subsec. (a). Pub. L. 93-45, 108(a)(1), substituted
introductory text reading ''fiscal year ending June 30, 1974'' for
''fiscal year ending June 30, 1965, and each of the next eight fiscal
years'' and in cl. (1) ''$20,800,000'' for ''$85,000,000''.
Subsec. (b). Pub. L. 93-45, 108(a)(2), authorized appropriations of
$41,400,000 for fiscal year ending June 30, 1974.
Subsec. (c). Pub. L. 93-45, 108(a)(3), authorized appropriations of
$50,000,000 for fiscal year ending June 30, 1974.
1970 -- Par. (a). Pub. L. 91-296, 101(a)(1), (2), 116(a),
substituted ''outpatient facilities'' for ''diagnostic or treatment
centers'' in enumeration of facilities eligible for construction grants,
extended through fiscal year ending June 30, 1973, authority to
appropriate funds for construction grants, increased from $70,000,000 to
$85,000,000 annual authority to make grants for public or other
nonprofit facilities for long-term care, from $20,000,000 to $70,000,000
authority for public or other nonprofit outpatient facilities, and from
$10,000,000 to $15,000,000 authority for public or other nonprofit
rehabilitation facilities.
Par. (b). Pub. L. 91-296, 101(a)(3), 102(a)(1), struck out
provisions authorizing grants for modernization of facilities and
inserted provisions authorizing appropriation of $147,500,000 for fiscal
year ending June 30, 1971, $152,500,000 for fiscal year ending June 30,
1972, and $157,500,000 for fiscal year ending June 30, 1973, for grants
for construction of public or other nonprofit hospitals and public
health centers
Par. (c). Pub. L. 91-296, 102(a)(2), added par. (c).
1968 -- Par. (a). Pub. L. 90-574, 402(a)(1), substituted ''next
five'' for ''next four''.
Par. (b). Pub. L. 90-574, 402(a)(2), authorized appropriation of
$195,000,000 for fiscal year ending June 30, 1970.
Section 101(b) of Pub. L. 91-296 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect with
respect to appropriations made under such section 601 (this section) for
fiscal years beginning after June 30, 1970.''
Section 102(a) of Pub. L. 91-296 provided that the amendment made by
such section 102(a) is effective with respect to appropriations made
under this section for fiscal years beginning after June 30, 1970.
42 USC 291b. State allotments
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Computation for individual States; formulas for both new
construction and modernization
(1) Each State shall be entitled for each fiscal year to an allotment
bearing the same ratio to the sums appropriated for such year pursuant
to subparagraphs (1), (2), and (3), respectively, of section 291a(a) of
this title, and to an allotment bearing the same ratio to the sums
appropriated for such year pursuant to section 291a(b) of this title, as
the product of --
(A) the population of such State, and
(B) the square of its allotment percentage,
bears to the sum of the corresponding products for all of the States.
(2) For each fiscal year, the Secretary shall, in accordance with
regulations, make allotments among the States, from the sums
appropriated for such year under section 291a(c) of this title, on the
basis of the population, the financial need, and the extent of the need
for modernization of the facilities referred to in paragraphs (a) and
(b) of section 291a of this title, of the respective States.
(b) Minimum allotments
(1) The allotment to any State under subsection (a) of this section
for any fiscal year which is less than --
(A) $50,000 for the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam and $100,000 for any other
State, in the case of an allotment for grants for the construction of
public or other nonprofit rehabilitation facilities,
(B) $100,000 for the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam and $200,000 for any other
State in the case of an allotment for grants for the construction of
public or other nonprofit outpatient facilities,
(C) $200,000 for the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam and $300,000 for any other
State in the case of an allotment for grants for the construction of
public or other nonprofit facilities for long-term care or for the
construction of public or other nonprofit hospitals and public health
centers, or for the modernization of facilities referred to in paragraph
(a) or (b) of section 291a of this title, or
(D) $200,000 for the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam and $300,000 for any other
State in the case of an allotment for grants for the modernization of
facilities referred to in paragraphs (a) and (b) of section 291a of this
title,
shall be increased to that amount, the total of the increases thereby
required being derived by proportionately reducing the allotment from
appropriations under such subparagraph or paragraph to each of the
remaining States under subsection (a) of this section, but with such
adjustments as may be necessary to prevent the allotment of any of such
remaining States from appropriations under such subparagraph or
paragraph from being thereby reduced to less than that amount.
(2) An allotment of the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam for any fiscal year may be
increased as provided in paragraph (1) only to the extent it satisfies
the Surgeon General, at such time prior to the beginning of such year as
the Surgeon General may designate, that such increase will be used for
payments under and in accordance with the provisions of this part.
(c) Allotment percentages; definitions; determination
For the purposes of this part --
(1) The ''allotment percentage'' for any State shall be 100 per
centum less that percentage which bears the same ratio to 50 per centum
as the per capita income of such State bears to the per capita income of
the United States, except that (A) the allotment percentage shall in no
case be more than 75 per centum or less than 33 1/3 per centum, and (B)
the allotment percentage for the Commonwealth of Puerto Rico, Guam,
American Samoa, the Trust Territory of the Pacific Islands, and the
Virgin Islands shall be 75 per centum.
(2) The allotment percentages shall be determined by the Surgeon
General between July 1 and September 30 of each even-numbered year, on
the basis of the average of the per capita incomes of each of the States
and of the United States for the three most recent consecutive years for
which satisfactory data are available from the Department of Commerce,
and the States shall be notified promptly thereof. Such determination
shall be conclusive for each of the two fiscal years in the period
beginning July 1 next succeeding such determination.
(3) The population of the several States shall be determined on the
basis of the latest figures certified by the Department of Commerce.
(4) The term ''United States'' means (but only for purposes of
paragraphs (1) and (2)) the fifty States and the District of Columbia.
(d) Availability of allotments in subsequent years
(1) Any sum allotted to a State, other than the Virgin Islands,
American Samoa, the Trust Territory of the Pacific Islands, and Guam for
a fiscal year under this section and remaining unobligated at the end of
such year shall remain available to such State, for the purpose for
which made, for the next two fiscal years (and for such years only), in
addition to the sums allotted to such State for such purposes for such
next two fiscal years.
(2) Any sum allotted to the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, or Guam for a fiscal year under this
section and remaining unobligated at the end of such year shall remain
available to it, for the purpose for which made, for the next two fiscal
years (and for such years only), in addition to the sums allotted to it
for such purpose for each of such next two fiscal years.
(e) Transfer of allotments
(1) Upon the request of any State that a specified portion of any
allotment of such State under subsection (a) of this section for any
fiscal year be added to any other allotment or allotments of such State
under such subsection for such year, the Secretary shall promptly (but
after application of subsection (b) of this section) adjust the
allotments of such State in accordance with such request and shall
notify the State agency; except that the aggregate of the portions so
transferred from an allotment for a fiscal year pursuant to this
paragraph may not exceed the amount specified with respect to such
allotment in clause (A), (B), (C), or (D), as the case may be, of
subsection (b)(1) of this section which is applicable to such State.
(2) In addition to the transfer of portions of allotments under
paragraph (1), upon the request of any State that a specified portion of
any allotment of such State under subsection (a) of this section, other
than an allotment for grants for the construction of public or other
nonprofit rehabilitation facilities, be added to another allotment of
such State under such subsection, other than an allotment for grants for
the construction of public or other nonprofit hospitals and public
health centers, and upon simultaneous certification to the Secretary by
the State agency in such State to the effect that --
(A) it has afforded a reasonable opportunity to make applications for
the portion so specified and there have been no approvable applications
for such portion, or
(B) in the case of a request to transfer a portion of an allotment
for grants for the construction of public or other nonprofit hospitals
and public health centers, use of such portion as requested by such
State agency will better carry out the purposes of this subchapter,
the Secretary shall promptly (but after application of subsection (b)
of this section) adjust the allotments of such State in accordance with
such request and shall notify the State agency.
(3) In addition to the transfer of portions of allotments under
paragraph (1) or (2), upon the request of any State that a specified
portion of an allotment of such State under paragraph (2) of subsection
(a) of this section be added to an allotment of such State under
paragraph (1) of such subsection for grants for the construction of
public or other nonprofit hospitals and public health centers, and upon
simultaneous certification by the State agency in such State to the
effect that the need for new public or other nonprofit hospitals and
public health centers is substantially greater than the need for
modernization of facilities referred to in paragraph (a) or (b) of
section 291a of this title, the Secretary shall promptly (but after
application of subsection (b) of this section) adjust the allotments of
such State in accordance with such request and shall notify the State
agency.
(4) After adjustment of allotments of any State, as provided in
paragraph (1), (2), or (3) of this subsection, the allotments as so
adjusted shall be deemed to be the State's allotments under this
section.
(f) Request by State to transfer portion of allotment
In accordance with regulations, any State may file with the Surgeon
General a request that a specified portion of an allotment to it under
this part for grants for construction of any type of facility, or for
modernization of facilities, be added to the corresponding allotment of
another State for the purpose of meeting a portion of the Federal share
of the cost of a project for the construction of a facility of that type
in such other State, or for modernization of a facility in such other
State, as the case may be. If it is found by the Surgeon General (or,
in the case of a rehabilitation facility, by the Surgeon General and the
Secretary) that construction or modernization of the facility with
respect to which the request is made would meet needs of the State
making the request and that use of the specified portion of such State's
allotment, as requested by it, would assist in carrying out the purposes
of this subchapter, such portion of such State's allotment shall be
added to the corresponding allotment of the other State, to be used for
the purpose referred to above.
(July 1, 1944, ch. 373, title VI, 602, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 448, and amended Oct. 15, 1968, Pub. L.
90-574, title IV, 402(b), 82 Stat. 1011; June 30, 1970, Pub. L.
91-296, title I, 103(a), (b), 104, 116(a), 119(a)-(c), 122, 84 Stat.
338, 341, 343, 344.)
A prior section 291b, act July 1, 1944, ch. 373, title VI, 612, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, related to a State
application for funds, its requirements and its approval prior to the
general amendment of this subchapter by Pub. L. 88-443.
A prior section 291c, act July 1, 1944, ch. 373, title VI, 624, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1941, related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291g, act July 1, 1944, ch. 373, title VI, 624, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 29,
1948, ch. 728, 1, 62 Stat. 1103; Oct. 25, 1949, ch. 722, 3(b), 7,
63 Stat. 899, 901; Aug. 1, 1956, ch. 852, 19(c), 70 Stat. 911;
Sept. 25, 1962, Pub. L. 87-688, 4(a)(3), 76 Stat. 587, related to
subject matter similar to this section prior to the general amendment of
this subchapter by Pub. L. 88-443.
A prior section 291i(a) to (d), act July 1, 1944, ch. 373, title VI,
631, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended
June 19, 1948, ch. 544, 62 Stat. 531; Aug. 1, 1956, ch. 852, 19(a),
(b), 70 Stat. 911; June 25, 1959, Pub. L. 86-70, 31(c), 73 Stat.
149; July 12, 1960, Pub. L. 86-624, 29(d), 74 Stat. 419; Sept. 25,
1962, Pub. L. 87-688, 4(a)(2), 76 Stat. 587, related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291n-1, act July 1, 1944, ch. 373, title VI, 637,
formerly 654(c), as added July 12, 1954, ch. 471, 3, 68 Stat. 463,
renumbered and amended Aug. 14, 1959, Pub. L. 86-158, title II, 201,
73 Stat. 349, related to subject matter similar to this section prior
to the general amendment of this subchapter by Pub. L. 88-443.
A prior section 291r, act July 1, 1944, ch. 373, title VI, 648, as
added July 12, 1954, ch. 471, 2, 68 Stat. 462, related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291t, act July 1, 1944, ch. 373, title VI, 652, as
added July 12, 1954, ch. 471, 3, 68 Stat. 462, and amended Aug. 1,
1956, ch. 852, 19(c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87-395,
3(b), 75 Stat. 825; Sept. 25, 1962, Pub. L. 87-688, 4(a)(3), 76
Stat. 587, related to subject matter similar to this section prior to
the general amendment of this subchapter by Pub. L. 88-443.
A prior section 291v(b), act July 1, 1944, ch. 373, title VI, 654,
as added July 12, 1954, ch. 471, 3, 68 Stat. 463, related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
1970 -- Subsec. (a)(1). Pub. L. 91-296, 103(a), substituted ''sums
appropriated for such year'' for ''new hospital portion of the sums
appropriated for such year'' and struck out provision setting out a
formula for determining new hospital portion of sums appropriated
pursuant to section 291a(b) of this title.
Subsec. (a)(2). Pub. L. 91-296, 103(a), substituted ''Secretary''
for ''Surgeon General'', and substituted reference to sums appropriated
for such year under section 291a(c) of this title for reference to
remainder of sums appropriated pursuant to section 291a(b) of this title
(which portion was to be available for grants for modernization of
facilities referred to in paragraphs (a) and (b) of section 291a of this
title).
Subsec. (b)(1)(A). Pub. L. 91-296, 103(b)(1), 119(a)(1),
substituted ''$50,000'' and ''$100,000'' for ''$25,000'' and
''$50,000'', respectively, and inserted reference to Trust Territory of
the Pacific Islands.
Subsec. (b)(1)(B). Pub. L. 91-296, 103(b)(2), 116(a), 119(a)(1),
substituted ''$100,000'' and ''$200,000'' for ''$50,000'' and
''$100,000'', respectively, substituted ''outpatient facilities'' for
''diagnostic or treatment centers'', and inserted reference to Trust
Territory of the Pacific Islands.
Subsec. (b)(1)(C). Pub. L. 91-296, 103(b)(3), 119(a)(1),
substituted ''$200,000'' and ''$300,000'' for ''$100,000'' and
''$200,000'', respectively, and inserted reference to Trust Territory of
the Pacific Islands.
Subsec. (b)(1)(D). Pub. L. 91-296, 103(b)(4), added subpar. (D).
Subsecs. (b)(2), (c)(1). Pub. L. 91-296, 119(a)(2), (b), inserted
reference to Trust Territory of the Pacific Islands.
Subsec. (d)(1). Pub. L. 91-296, 119(c), 122, inserted reference to
Trust Territory of the Pacific Islands and substituted two years for one
year as the time span following a year in which allotted sums remaining
unobligated at the end thereof during which such unobligated funds
remain available.
Subsec. (d)(2). Pub. L. 91-296, 119(c), inserted references to Trust
Territory of the Pacific Islands.
Subsec. (e). Pub. L. 91-296, 104, authorized any State to make
transfers of any amount up to the minimum amount allotted to any state
for a particular category and authorized all amounts above such minimums
to be transferred from one category of assistance to another without
restriction on the amounts with the exception that no funds could be
transferred from rehabilitation facilities category or to new hospital
construction category and that all transfers be justified on the basis
that either there are no approvable applications in the category from
which funds are transferred or, in case of transfers from new hospital
construction category, the purposes of the program would be better
served by the transfer, and authorized transfers to new hospital
construction from modernization category if need is greater.
1968 -- Subsec. (a)(1). Pub. L. 90-574, 402(b)(1), inserted
provision for two-thirds of the sums appropriated in the case of the
fifth fiscal year thereafter.
Subsec. (e)(2)(E). Pub. L. 90-574, 402(b)(2), added subpar. (E).
Section 103(a) of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to appropriations made pursuant
to section 291a of this title for fiscal years beginning after June 30,
1970.
Section 103(b) of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to allotments from appropriations
made pursuant to section 291a of this title for fiscal years beginning
after June 30, 1970.
Section 104 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to allotments made pursuant to
section 291a of this title for fiscal years beginning after June 30,
1970.
Section 119(e) of Pub. L. 91-296 provided that: ''The amendments
made by this section (amending this section and section 291o of this
title) shall apply with respect to allotments (and grants therefrom)
under part A of title VI of the Public Health Service Act (this part)
for fiscal years ending after June 30, 1970, and with respect to loan
guarantees and loans under part B of such title (part B of this
subchapter) made after June 30, 1970.''
Section 122 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to allotments made from
appropriations under section 291a of this title for fiscal years
beginning after June 30, 1970.
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.
Pub. L. 93-641, 5(b), Jan. 4, 1975, 88 Stat. 2274, provided that
any State having in the fiscal year ending June 30, 1975 or the next
fiscal year funds available for obligation from its allotments under
section 291a et seq. of this title, may in such fiscal year use for the
proper and efficient administration during such year of its State plan
an amount of such funds not exceeding 4 percentum of such funds or
$100,000, whichever is less.
Section 103(c) of Pub. L. 91-296 provided for a study by the
Secretary of the effects of the formula specified in subsec. (a)(1) of
this section for allotment among the States for construction of health
facilities, the results of such study together with recommendations for
change to be reported to Congress on May 15, 1972.
Section 3(b)(5) of Pub. L. 88-443 providing that no application for
modernization of any facility may be approved for purposes of receiving
funds before the approval of a State plan, as well as other
requirements, is set out as an Effective Date note under section 291 of
this title.
42 USC 291c. General regulations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Surgeon General, with the approval of the Federal Hospital
Council and the Secretary of Health and Human Services shall by general
regulations prescribe --
(a) Priority of projects; determination
the general manner in which the State agency shall determine the
priority of projects based on the relative need of different areas
lacking adequate facilities of various types for which assistance is
available under this part, giving special consideration --
(1) in the case of projects for the construction of hospitals, to
facilities serving areas with relatively small financial resources and,
at the option of the State, rural communities;
(2) in the case of projects for the construction of rehabilitation
facilities, to facilities operated in connection with a university
teaching hospital which will provide an integrated program of medical,
psychological, social, and vocational evaluation and services under
competent supervision;
(3) in the case of projects for modernization of facilities, to
facilities serving densely populated areas;
(4) in the case of projects for construction or modernization of
outpatient facilities, to any outpatient facility that will be located
in, and provide services for residents of, an area determined by the
Secretary to be a rural or urban poverty area;
(5) to projects for facilities which, alone or in conjunction with
other facilities, will provide comprehensive health care, including
outpatient and preventive care as well as hospitalization;
(6) to facilities which will provide training in health or allied
health professions; and
(7) to facilities which will provide to a significant extent, for the
treatment of alcoholism;
(b) Standards of construction and equipment
general standards of construction and equipment for facilities of
different classes and in different types of location, for which
assistance is available under this part;
(c) Criteria for determining needs for beds, hospitals and other
facilities; plans for distribution of beds and facilities
criteria for determining needs for general hospital and long-term
care beds, and needs for hospitals and other facilities for which aid
under this part is available, and for developing plans for the
distribution of such beds and facilities;
(d) Criteria for determining need for modernization
criteria for determining the extent to which existing facilities, for
which aid under this part is available, are in need of modernization;
and
(e) State plan requirements; assurances necessary for approval of
application
that the State plan shall provide for adequate hospitals, and other
facilities for which aid under this part is available, for all persons
residing in the State, and adequate hospitals (and such other
facilities) to furnish needed services for persons unable to pay
therefor. Such regulations may also require that before approval of an
application for a project is recommended by a State agency to the
Surgeon General for approval under this part, assurance shall be
received by the State from the applicant that (1) the facility or
portion thereof to be constructed or modernized will be made available
to all persons residing in the territorial area of the applicant; and
(2) there will be made available in the facility or portion thereof to
be constructed or modernized a reasonable volume of services to persons
unable to pay therefor, but an exception shall be made if such a
requirement is not feasible from a financial viewpoint.
(July 1, 1944, ch. 373, title VI, 603, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 451, and amended Sept. 4, 1964, Pub. L.
88-581, 3(b), 78 Stat. 919; June 30, 1970, Pub. L. 91-296, title I,
110, 84 Stat. 339; Oct. 17, 1979, Pub. L. 96-88, title V, 509(b), 93
Stat. 695.)
A prior section 291c, act July 1, 1944, ch. 373, title VI, 613, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, related to
allotments to States, the determination of their amount, and the
disposition of unexpended funds prior to the general amendment of this
subchapter by Pub. L. 88-443. See section 291(a), (b) and (d) of this
title.
Provisions similar to those comprising this section were contained in
a prior section 291e, act July 1, 1944, ch. 373, title VI, 622, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631, prior to the general amendment of this subchapter by Pub. L.
88-443.
1970 -- Subsec. (a). Pub. L. 91-296 struck out from cl. (1)
provisions requiring that States give special consideration for projects
for hospitals serving rural areas but inserted provisions making such
preference optional with each State and added cls. (4) to (7).
1964 -- Subsec. (a)(4). Pub. L. 88-581 struck out cl. (4) relating
to hospital facilities which ''will include new or expanded facilities
for nurse training''.
Section 110 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to applications approved under
this subchapter after June 30, 1970.
Section 3(b) of Pub. L. 88-581 provided that the amendments made by
such section 3(b) (amending this section and sections 291o and 293c of
this title) are effective with respect to applications for grants from
appropriations for fiscal years beginning after June 30, 1965.
''Secretary of Health and Human Services'' substituted in text for
''Secretary of Health, Education, and Welfare'' pursuant to section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
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.
42 USC 291d. State plans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Submission; requirements
Any State desiring to participate in this part may submit a State
plan. Such plan must --
(1) designate a single State agency as the sole agency for the
administration of the plan, or designate such agency as the sole agency
for supervising the administration of the plan;
(2) contain satisfactory evidence that the State agency designated in
accordance with paragraph (1) of this subsection will have authority to
carry out such plan in conformity with this part;
(3) provide for the designation of a State advisory council which
shall include (A) representatives of nongovernmental organizations or
groups, and of public agencies, concerned with the operation,
construction, or utilization of hospital or other facilities for
diagnosis, prevention, or treatment of illness or disease, or for
provision of rehabilitation services, and representatives particularly
concerned with education or training of health professions personnel,
and (B) an equal number of representatives of consumers familiar with
the need for the services provided by such facilities, to consult with
the State agency in carrying out the plan, and provide, if such council
does not include any representatives of nongovernmental organizations or
groups, or State agencies, concerned with rehabilitation, for
consultation with organizations, groups, and State agencies so
concerned;
(4) set forth, in accordance with criteria established in regulations
prescribed under section 291c of this title and on the basis of a
statewide inventory of existing facilities, a survey of need, and
(except to the extent provided by or pursuant to such regulations)
community, area, or regional plans --
(A) the number of general hospital beds and long-term care beds, and
the number and types of hospital facilities and facilities for long-term
care, needed to provide adequate facilities for inpatient care of people
residing in the State, and a plan for the distribution of such beds and
facilities in service areas throughout the State;
(B) the public health centers needed to provide adequate public
health services for people residing in the State, and a plan for the
distribution of such centers throughout the State;
(C) the outpatient facilities needed to provide adequate diagnostic
or treatment services to ambulatory patients residing in the State, and
a plan for distribution of such facilities throughout the State;
(D) the rehabilitation facilities needed to assure adequate
rehabilitation services for disabled persons residing in the State, and
a plan for distribution of such facilities throughout the State; and
(E) effective January 1, 1966, the extent to which existing
facilities referred to in section 291a(a) or (b) of this title in the
State are in need of modernization;
(5) set forth a construction and modernization program conforming to
the provisions set forth pursuant to paragraph (4) of this subsection
and regulations prescribed under section 291c of this title and
providing for construction or modernization of the hospital or long-term
care facilities, public health centers, outpatient facilities, and
rehabilitation facilities which are needed, as determined under the
provisions so set forth pursuant to paragraph (4) of this subsection;
(6) set forth, with respect to each of such types of medical
facilities, the relative need, determined in accordance with regulations
prescribed under section 291c of this title, for projects for facilities
of that type, and provide for the construction or modernization, insofar
as financial resources available therefor and for maintenance and
operation make possible, in the order of such relative need;
(7) provide minimum standards (to be fixed in the discretion of the
State) for the maintenance and operation of facilities providing
inpatient care which receive aid under this part and, effective July 1,
1966, provide for enforcement of such standards with respect to projects
approved by the Surgeon General under this part after June 30, 1964;
(8) provide such methods of administration of the State plan,
including methods relating to the establishment and maintenance of
personnel standards on a merit basis (except that the Surgeon General
shall exercise no authority with respect to the selection, tenure of
office, or compensation of any individual employed in accordance with
such methods), as are found by the Surgeon General to be necessary for
the proper and efficient operation of the plan;
(9) provide for affording to every applicant for a construction or
modernization project an opportunity for a hearing before the State
agency;
(10) provide that the State agency will make such reports, in such
form and containing such information, as the Surgeon General may from
time to time reasonably require, and will keep such records and afford
such access thereto as the Surgeon General may find necessary to assure
the correctness and verification of such reports;
(11) provide that the Comptroller General of the United States or his
duly authorized representatives shall have access for the purpose of
audit and examination to the records specified in paragraph (10) of this
subsection;
(12) provide that the State agency will from time to time, but not
less often than annually, review its State plan and submit to the
Surgeon General any modifications thereof which it considers necessary;
and
(13) Effective July 1, 1971, provide that before any project for
construction or modernization of any general hospital is approved by the
State agency there will be reasonable assurance of adequate provision
for extended care services (as determined in accordance with
regulations) to patients of such hospital when such services are
medically appropriate for them, with such services being provided in
facilities which (A) are structurally part of, physically connected
with, or in immediate proximity to, such hospital, and (B) either (i)
are under the supervision of the professional staff of such hospital or
(ii) have organized medical staffs and have in effect transfer
agreements with such hospital; except that the Secretary may, at the
request of the State agency, waive compliance with clause (A) or (B), or
both such clauses, as the case may be, in the case of any project if the
State agency has determined that compliance with such clause or clauses
in such case would be inadvisable.
(b) Approval by Surgeon General; hearing after disapproval
The Surgeon General shall approve any State plan and any modification
thereof which complies with the provisions of subsection (a) of this
section. If any such plan or modification thereof shall have been
disapproved by the Surgeon General for failure to comply with subsection
(a) of this section, the Federal Hospital Council shall, upon request of
the State agency, afford it an opportunity for hearing. If such Council
determines that the plan or modification complies with the provisions of
such subsection, the Surgeon General shall thereupon approve such plan
or modification.
(July 1, 1944, ch. 373, title VI, 604, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 452, and amended June 30, 1970, Pub. L.
91-296, title I, 115, 116(b), (c), 123, 84 Stat. 341, 342, 344.)
A prior section 291d, act July 1, 1944, ch. 373, title VI, 621, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended Oct.
25, 1949, ch. 722, 2(a), 63 Stat. 898; July 27, 1953, ch. 243, 67
Stat. 196; Aug. 2, 1956, ch. 871, title IV, 401, 70 Stat. 929;
Aug. 14, 1958, Pub. L. 85-664, 1(a), 72 Stat. 616, authorized
appropriations for construction of hospitals and related facilities
prior to the general amendment of this subchapter by Pub. L. 88-443.
See section 291a of this title.
Provisions similar to those comprising this section were contained in
a prior section 291f(a), (b), act July 1, 1944, ch. 373, title VI,
623, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, prior to the
general amendment of this subchapter by Pub. L. 88-443.
1970 -- Subsec. (a)(3). Pub. L. 91-296, 115, inserted requirement
that State advisory councils include representatives particularly
concerned with education or training of health professions personnel.
Subsec. (a)(4)(C). Pub. L. 91-296, 116(b), substituted ''outpatient
facilities'' for ''diagnostic or treatment centers'' and ''such
facilities'' for ''such centers''.
Subsec. (a)(5). Pub. L. 91-296, 116(c), substituted ''outpatient
facilities'' for ''diagnostic or treatment centers''.
Subsec. (a)(13). Pub. L. 91-296, 123, added par. (13).
Section 115 of Pub. L. 91-296 provided that the amendment made by
that section is effective July 1, 1970.
Functions, powers, and duties of Secretary of Health and Human
Services under subsec. (a)(8) of this section, insofar as relates to
the prescription of personnel standards on a merit basis, transferred to
Office of Personnel Management, see section 4728(a)(3)(C) of this title.
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.
Before Approval
Section 3(b)(5) of Pub. L. 88-443 provided that no application with
respect to a modernization project may be approved for purposes of
receiving funds from an allotment under section 291(a)(2) of this title
before July 1, 1965, or before a State plan has been approved, as well
as certain other requirements. See Effective Date note under section
291 of this title.
42 USC 291e. Projects for construction or modernization
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Application; contents
For each project pursuant to a State plan approved under this part,
there shall be submitted to the Surgeon General, through the State
agency, an application by the State or a political subdivision thereof
or by a public or other nonprofit agency. If two or more such agencies
join in the project, the application may be filed by one or more of such
agencies. Such application shall set forth --
(1) a description of the site for such project;
(2) plans and specifications therefor, in accordance with regulations
prescribed under section 291c of this title;
(3) reasonable assurance that title to such site is or will be vested
in one or more of the agencies filing the application or in a public or
other nonprofit agency which is to operate the facility on completion of
the project;
(4) reasonable assurance that adequate financial support will be
available for the completion of the project and for its maintenance and
operation when completed;
(5) reasonable assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of construction or
modernization on the project will be paid wages at rates not less than
those prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with the Davis-Bacon Act, as amended
(40 U.S.C. 276a et seq.); and the Secretary of Labor shall have with
respect to the labor standards specified in this paragraph the authority
and functions set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176) and section 276c of title 40; and
(6) a certification by the State agency of the Federal share for the
project.
(b) Approval by Surgeon General; requisites; additional approval by
Secretary of Health and Human Services
The Surgeon General shall approve such application if sufficient
funds to pay the Federal share of the cost of such project are available
from the appropriate allotment to the State, and if the Surgeon General
finds (1) that the application contains such reasonable assurance as to
title, financial support, and payment of prevailing rates of wages; (2)
that the plans and specifications are in accord with the regulations
prescribed pursuant to section 291c of this title; (3) that the
application is in conformity with the State plan approved under section
291d of this title and contains an assurance that in the operation of
the project there will be compliance with the applicable requirements of
the regulations prescribed under section 291c(e) of this title, and with
State standards for operation and maintenance; and (4) that the
application has been approved and recommended by the State agency,
opportunity has been provided, prior to such approval and
recommendation, for consideration of the project by the public or
nonprofit private agency or organization which has developed the
comprehensive regional, metropolitan area, or other local area plan or
plans referred to in section 246(b) of this title covering the area in
which such project is to be located or, if there is no such agency or
organization, by the State agency administering or supervising the
administration of the State plan approved under section 246(a) of this
title, and the application is for a project which is entitled to
priority over other projects within the State in accordance with the
regulations prescribed pursuant to section 291c(a) of this title.
Notwithstanding the preceding sentence, the Surgeon General may approve
such an application for a project for construction or modernization of a
rehabilitation facility only if it is also approved by the Secretary of
Health and Human Services.
(c) Opportunity for hearing required prior to disapproval
No application shall be disapproved until the Surgeon General has
afforded the State agency an opportunity for a hearing.
(d) Amendments subject to same approval as original applications
Amendment of any approved application shall be subject to approval in
the same manner as an original application.
(e) Outpatient facilities; requirements of applicants
Notwithstanding any other provision of this subchapter, no
application for an outpatient facility shall be approved under this
section unless the applicant is (1) a State, political subdivision, or
public agency, or (2) a corporation or association which owns and
operates a nonprofit hospital (as defined in section 291o of this title)
or which provides reasonable assurance that the services of a general
hospital will be available to patients of such facility who are in need
of hospital care.
(July 1, 1944, ch. 373, title VI, 605, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 453, and amended June 30, 1970, Pub. L.
91-296, title I, 111(a), 116(e), 84 Stat. 340, 342; Oct. 17, 1979,
Pub. L. 96-88, title V, 509(b), 93 Stat. 695.)
The Davis-Bacon Act, referred to in subsec. (a)(5), is act Mar. 3,
1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to section 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
Reorganization Plan Numbered 14 of 1950, referred to in subsec.
(a)(5), is set out in the Appendix to Title 5, Government Organization
and Employees.
A prior section 291e, act July 1944, ch. 373, title VI, 622, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631, authorized the Surgeon General to prescribe general regulations
prior to the general amendment of this subchapter by Pub. L. 88-443.
See section 291c of this title.
A prior section 291h(a), (c), act July 1, 1944, ch. 373, title VI,
625, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended
Oct. 25, 1949, ch. 722, 8, 63 Stat. 901, related to subject matter
similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
A prior section 291v(d), act July 1, 1944, ch. 373, title VI, 654,
as added July 12, 1954, ch. 471, 3, 68 Stat. 463, related to subject
matter similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
1970 -- Subsec. (b)(4). Pub. L. 91-296, 111(a), inserted provisions
requiring that the appropriate area wide health planning agency be given
an opportunity to consider the project for which an application is made
before approval is given.
Subsec. (e). Pub. L. 91-296, 116(e), substituted ''an outpatient
facility'' for ''a diagnostic or treatment center'' and inserted
provisions extending coverage to include corporations and associations
which, although not owning or operating hospitals offer services of a
general hospital to patients in need of hospital care.
Section 111(a) of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to applications approved under
this subchapter after June 30, 1970.
Amendment by section 116(e) of Pub. L. 91-296 applicable with
respect to applications approved under this subchapter after June 30,
1970, see section 116(g) of Pub. L. 91-296, set out as a note under
section 291o of this title.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (b) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
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.
Section 3(b)(1) of Pub. L. 88-443 providing that applications
approved, and allotments appropriated prior to Aug. 18, 1964, shall be
governed by this subchapter as in effect prior to such date, is set out
as an Effective Date note under section 291 of this title.
Before Approval
Section 3(b)(5) of Pub. L. 88-443 provided that no application with
respect to a modernization project may be approved for purposes of
receiving funds from an allotment under section 291(a)(2) of this title
before July 1, 1965, or before a State plan has been approved, as well
as certain other requirements. See Effective Date note set out under
section 291 of this title.
Additional payments in cases of amended applications, see section
291f of this title.
42 USC 291f. Payments for construction or modernization
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Certification of work by Surgeon General; conditions affecting
payments
Upon certification to the Surgeon General by the State agency, based
upon inspection by it, that work has been performed upon a project, or
purchases have been made, in accordance with the approved plans and
specifications, and that payment of an installment is due to the
applicant, such installment shall be paid to the State, from the
applicable allotment of such State, except that (1) if the State is not
authorized by law to make payments to the applicant, or if the State so
requests, the payment shall be made directly to the applicant, (2) if
the Surgeon General, after investigation or otherwise, has reason to
believe that any act (or failure to act) has occurred requiring action
pursuant to section 291g of this title, payment may, after he has given
the State agency notice of opportunity for hearing pursuant to such
section, be withheld, in whole or in part, pending corrective action or
action based on such hearing, and (3) the total of payments under this
subsection with respect to such project may not exceed an amount equal
to the Federal share of the cost of construction of such project.
(b) Additional payments in cases of amended applications
In case an amendment to an approved application is approved as
provided in section 291e of this title or the estimated cost of a
project is revised upward, any additional payment with respect thereto
may be made from the applicable allotment of the State for the fiscal
year in which such amendment or revision is approved.
(c) Administration expenses; use of portion of allotments to defray;
manner of payment
(1) At the request of any State, a portion of any allotment or
allotments of such State under this part shall be available to pay
one-half (or such smaller share as the State may request) of the
expenditures found necessary by the Surgeon General for the proper and
efficient administration during such year of the State plan approved
under this part; except that not more than 4 per centum of the total of
the allotments of such State for a year, or $100,000, whichever is less,
shall be available for such purpose for such year. Payments of amounts
due under this paragraph may be made in advance or by way of
reimbursement, and in such installments, as the Surgeon General may
determine.
(2) Any amount paid under paragraph (1) of this subsection to any
State for any fiscal year shall be paid on condition that there shall be
expended from State sources for such year for administration of the
State plan approved under this part not less than the total amount
expended for such purposes from such sources during the fiscal year
ending June 30, 1970.
(July 1, 1944, ch. 373, title VI, 606, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 454, and amended June 30, 1970, Pub. L.
91-296, title I, 112, 84 Stat. 340.)
A prior section 291f, act July 1, 1944, ch. 373, title VI, 623, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 19,
1948, ch. 554, 62 Stat. 536; Oct. 25, 1949, ch. 722, 3(a), 63 Stat.
899, related to State plans, their submission and their requirements
prior to the general amendment of this subchapter by Pub. L. 88-443.
See section 291d of this title.
Provisions similar to those comprising subsec. (a) of this section
were contained in former section 291h(b), acts July 1, 1944, ch. 373,
title VI, 625, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041,
and amended Oct. 25, 1949, ch. 722, 3(b), 63 Stat. 899, prior to the
general amendment of this subchapter by Pub. L. 88-443.
1970 -- Subsec. (c)(1). Pub. L. 91-296, 112(1), substituted ''4 per
centum'' for ''2 per centum'' and ''$100,000 for $50,000''.
Subsec. (c)(2). Pub. L. 91-296, 112(2), substituted ''June 30,
1970'' for ''June 30, 1964''.
Section 112 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to expenditures under a State
plan approved under this subchapter which are made for administration of
such plan during any fiscal year beginning after June 30, 1970.
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.
42 USC 291g. Withholding of payments; noncompliance with requirements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Whenever the Surgeon General, after reasonable notice and opportunity
for hearing to the State agency designated as provided in section
291d(a)(1) of this title, finds --
(a) that the State agency is not complying substantially with the
provisions required by section 291d of this title to be included in its
State plan; or
(b) that any assurance required to be given in an application filed
under section 291e of this title is not being or cannot be carried out;
or
(c) that there is a substantial failure to carry out plans and
specifications approved by the Surgeon General under section 291e of
this title; or
(d) that adequate State funds are not being provided annually for the
direct administration of the State plan,
the Surgeon General may forthwith notify the State agency that --
(e) no further payments will be made to the State under this part, or
(f) no further payments will be made from the allotments of such
State from appropriations under any one or more subparagraphs or
paragraphs of section 291a of this title, or for any project or
projects, designated by the Surgeon General as being affected by the
action or inaction referred to in paragraph (a), (b), (c), or (d) of
this section,
as the Surgeon General may determine to be appropriate under the
circumstances; and, except with regard to any project for which the
application has already been approved and which is not directly
affected, further payments may be withheld, in whole or in part, until
there is no longer any failure to comply (or carry out the assurance or
plans and specifications or provide adequate State funds, as the case
may be) or, if such compliance (or other action) is impossible, until
the State repays or arranges for the repayment of Federal moneys to
which the recipient was not entitled.
(July 1, 1944, ch. 373, title VI, 607, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 455.)
A prior section 291g, act July 1, 1944, ch. 373, title VI, 624, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 29,
1948, ch. 728, 1, 62 Stat. 1103; Oct. 25, 1949, ch. 722, 3(b), 7,
63 Stat. 899, 901; Aug. 1, 1956, ch. 852, 19(c), 70 Stat. 911;
Sept. 25, 1962, Pub. L. 87-688, 4(a)(3), 76 Stat. 587, authorized
allotments to States for construction, specified their amount, and
provided for availability for unexpended funds prior to the general
amendment of this subchapter by Pub. L. 88-443. See section 291b of
this title.
Provisions similar to those comprising this section were contained in
former section 291j(a), acts July 1, 1944, ch. 373, title VI, 632, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended Oct.
25, 1949, ch. 722, 4, 63 Stat. 900; July 12, 1954, ch. 471, 4(g),
68 Stat. 466, prior to the general amendment of this subchapter by Pub.
L. 88-443.
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.
42 USC 291h. Judicial review
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Refusal to approve application; procedure; jurisdiction of
court of appeals
If the Surgeon General refuses to approve any application for a
project submitted under section 291e of this title or section 291j of
this title, the State agency through which such application was
submitted, or if any State is dissatisfied with his action under section
291g of this title such State may appeal to the United States court of
appeals for the circuit in which such State is located, by filing a
petition with such court within sixty days after such action. A copy of
the petition shall be forthwith transmitted by the clerk of the court to
the Surgeon General, or any officer designated by him for that purpose.
The Surgeon General shall thereupon file in the court the record of the
proceedings on which he based his action, as provided in section 2112 of
title 28. Upon the filing of such petition, the court shall have
jurisdiction to affirm the action of the Surgeon General or to set it
aside, in whole or in part, temporarily or permanently, but until the
filing of the record, the Surgeon General may modify or set aside his
order.
(b) Conclusiveness of Surgeon General's findings; remand; new or
modified findings
The findings of the Surgeon General as to the facts, if supported by
substantial evidence, shall be conclusive, but the court, for good cause
shown, may remand the case to the Surgeon General to take further
evidence, and the Surgeon General may thereupon make new or modified
findings of fact and may modify his previous action, and shall file in
the court the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by
substantial evidence.
(c) Review by Supreme Court; stay of Surgeon General's action
The judgment of the court affirming or setting aside, in whole or in
part, any action of the Surgeon General shall be final, subject to
review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28. The commencement
of proceedings under this section shall not, unless so specifically
ordered by the court, operate as a stay of the Surgeon General's action.
(July 1, 1944, ch. 373, title VI, 608, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 456.)
A prior section 291h, act July 1, 1944, ch. 373, title VI, 625, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended Oct.
25, 1949, ch. 722, 3(b-d), 8, 63 Stat. 899, 901; July 12, 1954, ch.
471, 4(b), 68 Stat. 464, related to projects for construction, the
application required and its contents and approval by the Surgeon
General, and provided for a hearing prior to disapproval of the
application prior to the general amendment of this subchapter by Pub.
L. 88-443. See section 291e of this title.
Provisions similar to those comprising this section were contained in
former section 291j(b), act July 1, 1944, ch. 373, title VI, 632, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 28,
1948, ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63
Stat. 107; July 12, 1954, ch. 471, 4(g), 68 Stat. 466; Aug. 28,
1958, Pub. L. 85-791, 27, 72 Stat. 950, prior to the general
amendment of this subchapter by Pub. L. 88-443.
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.
42 USC 291i. Recovery of expenditures under certain conditions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Persons liable
If any facility with respect to which funds have been paid under
section 291f of this title shall, at any time within 20 years after the
completion of construction or modernization --
(1) be sold or transferred to any entity (A) which is not qualified
to file an application under section 291e of this title, or (B) which is
not approved as a transferee by the State agency designated pursuant to
section 291d of this title, or its successor, or
(2) cease to be a public health center or a public or other nonprofit
hospital, outpatient facility, facility for long-term care, or
rehabilitation facility,
the United States shall be entitled to recover, whether from the
transferor or the transferee (or, in the case of a facility which has
ceased to be public or nonprofit, from the owners thereof) an amount
determined under subsection (c) of this section.
(b) Notice to Secretary
The transferor of a facility which is sold or transferred as
described in subsection (a)(1) of this section, or the owner of a
facility the use of which is changed as described in subsection (a)(2)
of this section, shall provide the Secretary written notice of such
sale, transfer, or change not later than the expiration of 10 days from
the date on which such sale, transfer, or change occurs.
(c) Amount of recovery; interest; interest period
(1) Except as provided in paragraph (2), the amount the United States
shall be entitled to recover under subsection (a) of this section is an
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 for which the facility involved 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 construction or modernization of such project or projects.
(2)(A) After the expiration of --
(i) 180 days after the date of the sale, transfer, or change of use
for which a notice is required by subsection (b) of this section, in the
case of a facility which is sold or transferred or the use of which
changes after July 18, 1984, or
(ii) thirty days after July 18, 1984, or if later 180 days after the
date of the sale, transfer, or change of use for which a notice is
required by subsection (b) of this section, in the case of a facility
which was sold or transferred or the use of which changed before July
18, 1984. /1/
the amount which the United States is entitled to recover under
paragraph (1) with respect to a facility shall be the amount prescribed
by paragraph (1) plus interest, during the period described in
subparagraph (B), at a rate (determined by the Secretary) based on the
average of the bond equivalent of the weekly ninety-day Treasury bill
auction rate.
(B) The period referred to in subparagraph (A) is the period
beginning --
(i) in the case of a facility which was sold or transferred or the
use of which changed before July 18, 1984, thirty days after such date
or if later 180 days after the date of the sale, transfer, or change of
use for which a notice is required by subsection (b) of this section,
(ii) in the case of a facility with respect to which notice is
provided in accordance with subsection (b) of this section, upon the
expiration of 180 days after the receipt of such notice, or
(iii) in the case of a facility with respect to which such notice is
not provided as prescribed by subsection (b) of this section, on the
date of the sale, transfer, or change of use for which such notice was
to be provided,
and ending on the date the amount the United States is entitled to
under paragraph (1) is collected.
(d) Waiver
(1) The Secretary may waive the recovery rights of the United States
under subsection (a)(1) of this section with respect to a facility in
any State if the Secretary determines, in accordance with regulations,
that the entity to which the facility was sold or transferred --
(A) has established an irrevocable trust --
(i) in an amount equal to the greater of twice the cost of the
remaining obligation of the facility under clause (2) of section 291c(e)
of this title or the amount, determined under subsection (c) of this
section, that the United States is entitled to recover, and
(ii) which will only be used by the entity to provide the care
required by clause (2) of section 291c(e) of this title; and
(B) will meet the obligation of the facility under clause (1) of
section 291c(e) of this title.
(2) The Secretary may waive the recovery rights of the United States
under subsection (a)(2) of this section with respect to a facility in
any State if the Secretary determines, in accordance with regulations,
that there is good cause for waiving such rights with respect to such
facility.
(e) Lien
The right of recovery of the United States under subsection (a) of
this section shall not constitute a lien on any facility with respect to
which funds have been paid under section 291f of this title.
(July 1, 1944, ch. 373, title VI, 609, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 456, and amended June 30, 1970, Pub. L.
91-296, title I 116(d), 84 Stat. 342; July 18, 1984, Pub. L. 98-369,
div. B, title III, 2381(a), 98 Stat. 1112.)
A prior section 291i, act July 1, 1944, ch. 373, title VI, 631, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 19,
1948, ch. 544, 62 Stat. 531; Oct. 25, 1949, ch. 722, 9, 63 Stat.
901; July 12, 1954, ch. 471, 4(c)-(f), 68 Stat. 465, 466; Aug. 1,
1956, ch. 852, 19(a), (b), 70 Stat. 911; June 25, 1959, Pub. L.
86-70, 31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86-624, 29(d),
74 Stat. 419; Oct. 5, 1961, Pub. L. 87-395, 5, 75 Stat. 826; Sept.
25, 1962, Pub. L. 87-688, 4(a)(2), 76 Stat. 587, which related to
allotment percentages, and contained various definitions, was omitted in
the general amendment of this subchapter by Pub. L. 88-443. See section
291b of this title.
Provisions similar to those comprising this section were contained in
section 291h(e) of this title, act July 1, 1944, ch. 373, title VI,
625, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended
Oct. 25, 1949, ch. 722, 3(c), 63 Stat. 899, 901; July 12, 1954, ch.
471, 4(b), 68 Stat. 464, prior to the general amendment of this
subchapter by Pub. L. 88-443.
1984 -- Pub. L. 98-369 amended section generally. Prior to
amendment, section read as follows: ''If any facility with respect to
which funds have been paid under section 291f of this title shall, at
any time within twenty years after the completion of construction --
''(a) be sold or transferred to any person, agency, or organization
(1) which is not qualified to file an application under section 291e of
this title, or (2) which is not approved as a transferee by the State
agency designated pursuant to section 291d of this title, or its
successor, or
''(b) cease to be a public health center or a public or other
nonprofit hospital, outpatient facility, facility for long-term care, or
rehabilitation facility, unless the Surgeon General determines, in
accordance with regulations, that there is good cause for releasing the
applicant or other owner from this obligation,
the United States shall be entitled to recover from either the
transferor or the transferee (or, in the case of a facility which has
ceased to be public or nonprofit, from the owners thereof) an amount
bearing the same ratio to the then value (as determined by the agreement
of the parties or by 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 construction
or modernization under such project or projects. Such right of recovery
shall not constitute a lien upon said facility prior to judgment.''
1970 -- Cl. (b). Pub. L. 91-296 substituted ''outpatient facility''
for ''diagnostic or treatment center''.
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.
Section 2381(c) of Pub. L. 98-369 provided that: ''Not later than
the expiration of the one-hundred-and-eighty-day period beginning on the
date of the enactment of this section (July 18, 1984), the Secretary
shall have in effect regulations and personnel to place in effect the
amendments made by this section (amending sections 291i and 300s-1a of
this title).''
/1/ So in original. The period probably should be a comma.
42 USC 291j. Loans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authorization; conditions
In order further to assist the States in carrying out the purposes of
this subchapter, the Surgeon General is authorized to make a loan of
funds to the applicant for any project for construction or modernization
which meets all of the conditions specified for a grant under this part.
(b) Approval; payments to applicants
Except as provided in this section, an application for a loan with
respect to any project under this part shall be submitted, and shall be
approved by the Surgeon General, in accordance with the same procedures
and subject to the same limitations and conditions as would be
applicable to the making of a grant under this part for such project.
Any such application may be approved in any fiscal year only if
sufficient funds are available from the allotment for the type of
project involved. All loans under this section shall be paid directly
to the applicant.
(c) Terms
(1) The amount of a loan under this part shall not exceed an amount
equal to the Federal share of the estimated cost of construction or
modernization under the project. Where a loan and a grant are made
under this part with respect to the same project, the aggregate amount
of such loan and such grant shall not exceed an amount equal to the
Federal share of the estimated cost of construction or modernization
under the project. Each loan shall bear interest at the rate arrived at
by adding one-quarter of 1 per centum per annum to the rate which the
Secretary of the Treasury determines to be equal to the current average
yield on all outstanding marketable obligations of the United States as
of the last day of the month preceding the date the application for the
loan is approved and by adjusting the result so obtained to the nearest
one-eighth of 1 per centum. Each loan made under this part shall mature
not more than forty years after the date on which such loan is made,
except that nothing in this part shall prohibit the payment of all or
part of the loan at any time prior to the maturity date. In addition to
the terms and conditions provided for, each loan under this part shall
be made subject to such terms, conditions, and covenants relating to
repayment of principal, payment of interest, and other matters as may be
agreed upon by the applicant and the Surgeon General.
(2) The Surgeon General may enter into agreements modifying any of
the terms and conditions of a loan made under this part whenever he
determines such action is necessary to protect the financial interest of
the United States.
(3) If, at any time before a loan for a project has been repaid in
full, any of the events specified in clause (a) or clause (b) of section
291i /1/ of this title occurs with respect to such project, the unpaid
balance of the loan shall become immediately due and payable by the
applicant, and any transferee of the facility shall be liable to the
United States for such repayment.
(d) Funds; miscellaneous receipts
Any loan under this part shall be made out of the allotment from
which a grant for the project concerned would be made. Payments of
interest and repayments of principal on loans under this part shall be
deposited in the Treasury as miscellaneous receipts.
(July 1, 1944, ch. 373, title VI, 610, as added Aug. 18, 1964, Pub.
L. 88-443, 3(a), 78 Stat. 457.)
Section 291i of this title, referred to in subsec. (c)(3), was
amended generally by Pub. L. 98-369, div. B, title III, 2381(a), July
18, 1984, 98 Stat. 1112, and, as so amended, the provisions contained
in former cls. (a) and (b) of section 291i are covered by section
291i(a)(1) and (2).
A prior section 291j, act July 1, 1944, ch. 373, title VI, 632, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 25,
1948, ch. 646, 32(a), 62 Stat. 991; May 24, 1949, ch. 139, 127, 63
Stat. 107; Oct. 25, 1949, ch. 722, 4, 63 Stat. 900; July 12, 1954,
ch. 471, 4(g), 68 Stat. 466; Aug. 28, 1958, Pub. L. 85-791, 27, 72
Stat. 950, which related to withholding of certification for
noncompliance with requirements, appeal, conclusiveness of findings, the
jurisdiction of the courts of appeals and to review by the Supreme Court
was omitted in the general amendment of this subchapter by Pub. L.
88-443. See sections 291g and 291h of this title.
Provisions similar to those comprising this section were contained in
sections 291w to 291z of this title, prior to the general amendment of
this subchapter by Pub. L. 88-443.
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.
/1/ See References in Text note below.
42 USC Part B -- Loan Guarantees and Loans for Modernization and
Construction of Hospitals and Other Medical Facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 291j-1. Loan guarantees and loans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Authority of Secretary
(1) In order to assist nonprofit private agencies to carry out needed
projects for the modernization or construction of nonprofit private
hospitals, facilities for long-term care, outpatient facilities, and
rehabilitation facilities, the Secretary, during the period July 1,
1970, through June 30, 1974, may, in accordance with the provisions of
this part, guarantee to non-Federal lenders making loans to such
agencies for such projects, payment of principal of and interest on
loans, made by such lenders, which are approved under this part.
(2) In order to assist public agencies to carry out needed projects
for the modernization or construction of public health centers, and
public hospitals, facilities for long-term care, outpatient facilities,
and rehabilitation facilities, the Secretary, during the period July 1,
1970, through June 30, 1974, may, in accordance with the provisions of
this part, make loans to such agencies which shall be sold and
guaranteed in accordance with section 291j-7 of this title.
(b) Cost limitations
(1) No loan guarantee under this part with respect to any
modernization or construction project may apply to so much of the
principal amount thereof as, when added to the amount of any grant or
loan under part A of this subchapter with respect to such project,
exceeds 90 per centum of the cost of such project.
(2) No loan to a public agency under this part shall be made in an
amount which, when added to the amount of any grant or loan under part A
of this subchapter with respect to such project, exceeds 90 per centum
of the cost of such project.
(c) Administrative assistance
The Secretary, with the consent of the Secretary of Housing and Urban
Development, shall obtain from the Department of Housing and Urban
Development such assistance with respect to the administration of this
part as will promote efficiency and economy thereof.
(July 1, 1944, ch. 373, title VI, 621, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 344, and amended June 18, 1973, Pub.
L. 93-45, title I, 108(b)(1), 87 Stat. 93.)
1973 -- Subsec. (a). Pub. L. 93-45 extended termination date of
guarantee and loan making period in pars. (1) and (2) from June 30,
1973, to June 30, 1974.
42 USC 291j-2. Allocation among States
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Allotment regulations
For each fiscal year, the total amount of principal of loans to
nonprofit private agencies which may be guaranteed or loans to public
agencies which may be directly made under this part shall be allotted by
the Secretary among the States, in accordance with regulations, on the
basis of each State's relative population, financial need, need for
construction of the facilities referred to in section 291j-1(a) of this
title, and need for modernization of such facilities.
(b) Reallotment
Any amount allotted under subsection (a) of this section to a State
for a fiscal year ending before July 1, 1973, and remaining unobligated
at the end of such year shall remain available to such State, for the
purpose for which made, for the next two fiscal years (and for such
years only), and any such amount shall be in addition to the amounts
allotted to such State for such purpose for each of such next two fiscal
years; except that, with the consent of any such State, any such amount
remaining unobligated at the end of the first of such next fiscal year
may be reallotted (on such basis as the Secretary deems equitable and
consistent with the purposes of this subchapter) to other States which
have need therefor. Any amounts so reallotted to a State shall be
available for the purposes for which made until the close of the second
such next two fiscal years and shall be in addition to the amount
allotted and available to such State for the same period.
(c) Time of availability of amounts for subsequent allotment
Any amount allotted or reallotted to a State under this section for a
fiscal year shall not, until the expiration of the period during which
it is available for obligation, be considered as available for allotment
for a subsequent fiscal year.
(d) Modernization or construction commenced on or after January 1,
1968
The allotments of any State under subsection (a) of this section for
the fiscal year ending June 30, 1971, and the succeeding fiscal year
shall also be available to guarantee loans with respect to any project,
for modernization or construction of a nonprofit private hospital or
other health facility referred to in section 291j-1(a)(1) of this title,
if the modernization or construction of such facility was not commenced
earlier than January 1, 1968, and if the State certifies and the
Secretary finds that without such guaranteed loan such facility could
not be completed and begin to operate or could not continue to operate,
but with such guaranteed loan would be able to do so: Provided, That
this subsection shall not apply to more than two projects in any one
State.
(July 1, 1944, ch. 373, title VI, 622, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 345.)
42 USC 291j-3. Applications and conditions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Contents of applications
For each project for which a guarantee of a loan to a nonprofit
private agency or a direct loan to a public agency is sought under this
part, there shall be submitted to the Secretary, through the State
agency designated in accordance with section 291d of this title, an
application by such private nonprofit agency or by such public agency.
If two or more private nonprofit agencies, or two or more public
agencies, join in the project, the application may be filed by one or
more such agencies. Such application shall (1) set forth all of the
descriptions, plans, specifications, assurances, and information which
are required by the third sentence of section 291e(a) of this title
(other than clause (6) thereof) with respect to applications submitted
under that section, (2) contain such other information as the Secretary
may require to carry out the purposes of this part, and (3) include a
certification by the State agency of the total cost of the project and
the amount of the loan for which a guarantee is sought under this part,
or the amount of the direct loan sought under this part, as the case may
be.
(b) Conditions for approval
The Secretary may approve such application only if --
(1) there remains sufficient balance in the allotment determined for
such State pursuant to section 291j-2 of this title to cover the amount
of the loan for which a guarantee is sought, or the amount of the direct
loan sought (as the case may be), in such application,
(2) he makes each of the findings which are required by clauses (1)
through (4) of section 291e(b) of this title for the approval of
applications for projects thereunder (except that, in the case of the
finding required under such clause (4) of entitlement of a project to a
priority established under section 291c(a) of this title; such finding
shall be made without regard to the provisions of clauses (1) and (3) of
such section),
(3) he finds that there is compliance with section 291e(e) of this
title,
(4) he obtains assurances that the applicant will keep such records,
and afford such access thereto, and make such reports, in such form and
containing such information, as the Secretary may reasonably require,
and
(5) he also determines, in the case of a loan for which a guarantee
is sought, that the terms, conditions, maturity, security (if any), and
schedule and amounts of repayments with respect to the loan are
sufficient to protect the financial interests of the United States and
are otherwise reasonable and in accord with regulations, including a
determination that the rate of interest does not exceed such per centum
per annum on the principal obligation outstanding as the Secretary
determines to be reasonable, taking into account the range of interest
rates prevailing in the private market for similar loans and the risks
assumed by the United States.
(c) Hearing
No application under this section shall be disapproved until the
Secretary has afforded the State agency an opportunity for a hearing.
(d) Amendment of approved applications
Amendment of an approved application shall be subject to approval in
the same manner as an original application.
(e) Recovery rights; terms and conditions
(1) In the case of any loan to a nonprofit private agency, the United
States shall be entitled to recover from the applicant the amount of any
payments made pursuant to any guarantee of such loan under this part,
unless the Secretary for good cause waives its right of recovery, and,
upon making any such payment, the United States shall be subrogated to
all of the rights of the recipient of the payments with respect to which
the guarantee was made.
(2) Guarantees of loans to nonprofit private agencies under this part
shall be subject to such further terms and conditions as the Secretary
determines to be necessary to assure that the purposes of this part will
be achieved, and, to the extent permitted by subsection (f) of this
section, any of such terms and conditions may be modified by the
Secretary to the extent he determines it to be consistent with the
financial interest of the United States.
(f) Incontestable guarantee
Any guarantee of a loan to a nonprofit private agency made by the
Secretary pursuant to this part shall be incontestable in the hands of
an applicant on whose behalf such guarantee is made, and as to any
person who makes or contracts to make a loan to such applicant in
reliance thereon, except for fraud or misrepresentation on the part of
such applicant or such other person.
(July 1, 1944, ch. 373, title VI, 623, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 346.)
42 USC 291j-4. Payment of interest on guaranteed loans
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Subject to the provisions of subsection (b) of this section, in
the case of a guarantee of any loan to a nonprofit private agency under
this part with respect to a hospital or other medical facility, the
Secretary shall pay, to the holder of such loan and for and on behalf of
such hospital or other medical facility amounts sufficient to reduce by
3 per centum per annum the net effective interest rate otherwise payable
on such loan. Each holder of a loan, to a nonprofit private agency,
which is guaranteed under this part shall have a contractual right to
receive from the United States interest payments required by the
preceding sentence.
(b) Contracts to make the payments provided for in this section shall
not carry an aggregate amount greater than such amount as may be
provided in appropriations Acts.
(July 1, 1944, ch. 373, title VI, 624, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 347.)
42 USC 291j-5. Limitation on amounts of loans guaranteed or directly
made
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The cumulative total of the principal of the loans outstanding at any
time with respect to which guarantees have been issued, or which have
been directly made, under this part may not exceed the lesser of --
(1) such limitations as may be specified in appropriations Acts, or
(2) in the case of loans covered by allotments for the fiscal year
ending June 30, 1971, $500,000,000; for the fiscal year ending June 30,
1972, $1,000,000,000; and for each of the fiscal years ending June 30,
1973, and June 30, 1974, $1,500,000,000.
(July 1, 1944, ch. 373, title VI, 625, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 347, and amended June 18, 1973, Pub.
L. 93-45, title I, 108(b)(2), 87 Stat. 93.)
1973 -- Pub. L. 93-45 provided for a limitation of $1,500,000,000 on
amount of loans outstanding in the case of loans covered by allotments
for fiscal year ending June 30, 1974.
42 USC 291j-6. Loan guarantee and loan fund
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a)(1) There is hereby established in the Treasury a loan guarantee
and loan fund (hereinafter in this section referred to as the ''fund'')
which shall be available to the Secretary without fiscal year
limitation, in such amounts as may be specified from time to time in
appropriations Acts, (i) to enable him to discharge his responsibilities
under guarantees issued by him under this part, (ii) for payment of
interest on the loans to nonprofit agencies which are guaranteed, (iii)
for direct loans to public agencies which are sold and guaranteed, (iv)
for payment of interest with respect to such loans, and (v) for
repurchase by him of direct loans to public agencies which have been
sold and guaranteed. There are authorized to be appropriated to the
fund from time to time such amounts as may be necessary to provide
capital required for the fund. To the extent authorized from time to
time in appropriation Acts, there shall be deposited in the fund amounts
received by the Secretary as interest payments or repayments of
principal on loans and any other moneys, property, or assets derived by
him from his operations under this part, including any moneys derived
from the sale of assets.
(2) Of the moneys in the fund, there shall be available to the
Secretary for the purpose of making of direct loans to public agencies
only such sums as shall have been appropriated for such purpose pursuant
to section 291j-7 of this title or sums received by the Secretary from
the sale of such loans (in accordance with such section) and authorized
in appropriations Acts to be used for such purpose.
(b) If at any time the moneys in the fund are insufficient to enable
the Secretary to discharge his responsibilities under this part --
(i) to make payments of interest on loans to nonprofit private
agencies which he has guaranteed under this part;
(ii) to otherwise comply with guarantees under this part of loans to
nonprofit private agencies;
(iii) to make payments of interest subsidies with respect to loans to
public agencies which he has made, sold, and guaranteed under this part;
(iv) in the event of default by public agencies to make payments of
principal and interest on loans which the Secretary has made, sold, and
guaranteed, under this part, to make such payments to the purchaser of
such loan;
(v) to repurchase loans to public agencies which have been sold and
guaranteed under this part,
he is authorized to issue to the Secretary of the Treasury notes or
other obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions, as may be
prescribed by the Secretary with the approval of the Secretary of the
Treasury, but only in such amounts as may be specified from time to time
in appropriations Acts. Such notes or other obligations shall bear
interest at a rate determined by the Secretary of the Treasury, taking
into consideration the current average market yield on outstanding
marketable obligations of the United States of comparable maturities
during the month preceding the issuance of the notes or other
obligations. The Secretary of the Treasury is authorized and directed
to purchase any notes and other obligations issued hereunder and for
that purpose he is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under chapter 31 of
title 31, and the purposes for which securities may be issued under that
chapter, are extended to include any purchase of such notes and
obligations. The Secretary of the Treasury may at any time sell any of
the notes or other obligations acquired by him under this subsection.
All redemptions, purchases, and sales by the Secretary of the Treasury
of such notes or other obligations shall be treated as public debt
transactions of the United States. Sums borrowed under this subsection
shall be deposited in the fund and redemption of such notes and
obligations shall be made by the Secretary from such fund.
(July 1, 1944, ch. 373, title VI, 626, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 347.)
In subsec. (b), ''chapter 31 of title 31'' and ''that chapter''
substituted for ''the Second Liberty Bond Act, as amended'' and ''that
Act, as amended'', respectively, on authority of Pub. L. 97-258, 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
42 USC 291j-7. Loans to public facilities
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Interest rates; security; equitable geographical distribution
(1) Any loan made by the Secretary to a public agency under this part
for the modernization or construction of a public hospital or other
health facility shall require such public agency to pay interest thereon
at a rate comparable to the current rate of interest prevailing with
respect to loans, to nonprofit private agencies, which are guaranteed
under this part, for the modernization or construction of similar
facilities in the same or similar areas, minus 3 per centum per annum.
(2)(A) No loan to a public agency shall be made under this part
unless --
(i) the Secretary is reasonably satisfied that such agency will be
able to make payments of principal and interest thereon when due, and
(ii) such agency provides the Secretary with reasonable assurances
that there will be available to such agency such additional funds as may
be necessary to complete the project with respect to which such loan is
requested.
(B) Any loan to a public agency shall have such security, have such
maturity date, be repayable in such installments, and be subject to such
other terms and conditions (including provision for recovery in case of
default) as the Secretary determines to be necessary to carry out the
purposes of this part while adequately protecting the financial
interests of the United States.
(3) In making loans to public agencies under this part, the Secretary
shall give due regard to achieving an equitable geographical
distribution of such loans.
(b) Sale
(1) The Secretary shall from time to time, but with due regard to the
financial interests of the United States, sell loans referred to in
subsection (a)(1) of this section either on the private market or to the
Federal National Mortgage Association in accordance with section 1717 of
title 12.
(2) Any loan so sold shall be sold for an amount which is equal (or
approximately equal) to the amount of the unpaid principal of such loan
as of the time of sale.
(c) Agreements
(1) The Secretary is authorized to enter into an agreement with the
purchaser of any loan sold under this part under which the Secretary
agrees --
(A) to guarantee to such purchaser (and any successor in interest to
such purchaser) payment of the principal and interest payable under such
loan, and
(B) to pay as an interest subsidy to such purchaser (and any
successor in interest of such purchaser) amounts which when added to the
amount of interest payable on such loan, are equivalent to a reasonable
rate of interest on such loan as determined by the Secretary, after
taking into account the range of prevailing interest rates in the
private market on similar loans and the risks assumed by the United
States.
(2) Any such agreement --
(A) may provide that the Secretary shall act as agent of any such
purchaser, for the purpose of collecting from the public agency to which
such loan was made and paying over to such purchaser, any payments of
principal and interest payable by such agency under such loan;
(B) may provide for the repurchase by the Secretary of any such loan
on such terms and conditions as may be specified in the agreement;
(C) shall provide that, in the event of any default by the public
agency to which such loan was made in payment of principal and interest
due on such loan, the Secretary shall, upon notification to the
purchaser (or to the successor in interest of such purchaser), have the
option to close out such loan (and any obligations of the Secretary with
respect thereto) by paying to the purchaser (or his successor in
interest) the total amount of outstanding principal and interest due
thereon at the time of such notification; and
(D) shall provide that, in the event such loan is closed out as
provided in subparagraph (C), or in the event of any other loss incurred
by the Secretary by reason of the failure of such public agency to make
payments of principal and interest on such loan, the Secretary shall be
subrogated to all rights of such purchaser for recovery of such loss
from such public agency.
(d) Right of recovery; waiver
The Secretary may, for good cause, waive any right of recovery which
he has against a public agency by reason of the failure of such agency
to make payments of principal and interest on a loan made to such agency
under this part.
(e) Interest and interest subsidies as gross income under Internal
Revenue Code
After any loan to a public agency under this part has been sold and
guaranteed, interest paid on such loan and any interest subsidy paid by
the Secretary with respect to such loan which is received by the
purchaser thereof (or his successor in interest) shall be included in
gross income for the purposes of chapter 1 of title 26.
(f) Sales proceeds; deposit and use
Amounts received by the Secretary as proceeds from the sale of loans
under this section shall be deposited in the loan fund established by
section 291j-6 of this title, and shall be available to the Secretary
for the making of further loans under this part in accordance with the
provisions of subsection (a)(2) of such section.
(g) Authorization of appropriations
There is authorized to be appropriated to the Secretary, for deposit
in the loan fund established by section 291j-6 of this title,
$30,000,000 to provide initial capital for the making of direct loans by
the Secretary to public agencies for the modernization or construction
of facilities referred to in subsection (a)(1) of this section.
(July 1, 1944, ch. 373, title VI, 627, as added June 30, 1970, Pub.
L. 91-296, title II, 201, 84 Stat. 349, and amended Oct. 22, 1986, Pub.
L. 99-514, 2, 100 Stat. 2095.)
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.
Pub. L. 91-667, title II, 200, Jan. 11, 1971, 84 Stat. 2007,
provided: ''That the Secretary is authorized to issue commitments for
direct loans to public agencies in accordance with section 627 of the
Public Health Service Act (this section) which shall constitute
contractual obligations of the United States, the total of such
outstanding commitments not to exceed $30,000,000 at any given time; to
sell obligations received pursuant to such commitments as provided in
section 627, and the proceeds of any such sale shall be used to make a
direct loan pursuant to the outstanding commitment under which the
obligations were received.''
42 USC Part C -- Construction or Modernization of Emergency Rooms
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 291j-8. Authorization of appropriations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In order to assist in the provision of adequate emergency room
service in various communities of the Nation for treatment of accident
victims and handling of other medical emergencies through special
project grants for the construction or modernization of emergency rooms
of general hospitals, there are authorized to be appropriated
$20,000,000 each for the fiscal year ending June 30, 1971, and the next
two fiscal years.
(July 1, 1944, ch. 373, title VI, 631, as added June 30, 1970, Pub.
L. 91-296, title III, 301, 84 Stat. 351.)
42 USC 291j-9. Eligibility for grants
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Funds appropriated pursuant to section 291j-8 of this title shall be
available for grants by the Secretary for not to exceed 50 per centum of
the cost of construction or modernization of emergency rooms of public
or nonprofit general hospitals, including provision or replacement of
medical transportation facilities. Such grants shall be made by the
Secretary only after consultation with the State agency designated in
accordance with section 291d(a)(1) of this title. In order to be
eligible for a grant under this part, the project, and the applicant
therefor, must meet such criteria as may be prescribed by regulations.
Such regulations shall be so designed as to provide aid only with
respect to projects for which adequate assistance is not readily
available from other Federal, State, local, or other sources, and to
assist in providing modern, efficient, and effective emergency room
service needed to care for victims of highway, industrial, agricultural,
or other accidents and to handle other medical emergencies, and to
assist in providing such service in geographical areas which have
special need therefor.
(July 1, 1944, ch. 373, title VI, 632, as added June 30, 1970, Pub.
L. 91-296, title III, 301, 84 Stat. 351.)
42 USC 291j-10. Payments
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Grants under this part shall be paid in advance or by way of
reimbursement, in such installments and on such conditions, as in the
judgment of the Secretary will best carry out the purposes of this part.
(July 1, 1944, ch. 373, title VI, 633, as added June 30, 1970, Pub.
L. 91-296, title III, 301, 84 Stat. 351.)
42 USC Part D -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
42 USC 291k. Federal Hospital Council
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Membership; qualifications
In administering this subchapter, the Surgeon General shall consult
with a Federal Hospital Council consisting of the Surgeon General, who
shall serve as Chairman ex officio, and twelve members appointed by the
Secretary of Health and Human Services. Six of the twelve appointed
members shall be persons who are outstanding in fields pertaining to
medical facility and health activities, and three of these six shall be
authorities in matters relating to the operation of hospitals or other
medical facilities, one of them shall be an authority in matters
relating to the mentally retarded, and one of them shall be an authority
in matters relating to mental health, and the other six members shall be
appointed to represent the consumers of the services provided by such
facilities and shall be persons familiar with the need for such services
in urban or rural areas.
(b) Term of membership
Each appointed member shall hold office for a term of four years,
except that 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. An appointed member shall
not be eligible to serve continuously for more than two terms (whether
beginning before or after August 18, 1964) but shall be eligible for
reappointment if he has not served immediately preceding his
reappointment.
(c) Meetings; annual or by call of Surgeon General
The Council shall meet as frequently as the Surgeon General deems
necessary, but not less than once each year. Upon request by three or
more members, it shall be the duty of the Surgeon General to call a
meeting of the Council.
(d) Advisory or technical committees
The Council is authorized to appoint such special advisory or
technical committees as may be useful in carrying out its functions.
(July 1, 1944, ch. 373, title VI, 641, formerly 621, as added Aug.
18, 1964, Pub. L. 88-443, 3(a), 78 Stat. 458, renumbered 641, June 30,
1970, Pub. L. 91-296, title II, 201, 84 Stat. 344, and amended Oct. 30,
1970, Pub. L. 91-515, title VI, 601(b)(2), 84 Stat. 1311; Oct. 17,
1979, Pub. L. 96-88, title V, 509(b), 93 Stat. 695.)
Provisions similar to those comprising this section were contained in
subsec. (b) of a prior section 291k, act July 1, 1944, ch. 373, title
VI, 633, as added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and
amended June 24, 1948, ch. 621, 6(b), 62 Stat. 602; 1953 Reorg.
Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631,
prior to the general amendment of this subchapter by Pub. L. 88-443.
1970 -- Subsec. (e). Pub. L. 91-515 struck out subsec. (e) which
related to payment of compensation and travel expenses of appointed
Council members and members of advisory or technical committees while
serving on Council business.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
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.
Section 3(b)(3) of Pub. L. 88-443 providing that the terms of
members serving on the Council prior to Aug. 18, 1964, shall expire on
the date they would have expired had Pub. L. 88-443 not been enacted,
is set out as an Effective Date note under section 291 of this title.
Pub. L. 93-641, 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.
42 USC 291l. Conference of State agencies
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Whenever in his opinion the purposes of this subchapter would be
promoted by a conference, the Surgeon General may invite representatives
of as many State agencies, designated in accordance with section 291d of
this title, to confer as he deems necessary or proper. A conference of
the representatives of all such State agencies shall be called annually
by the Surgeon General. Upon the application of five or more of such
State agencies, it shall be the duty of the Surgeon General to call a
conference of representatives of all State agencies joining in the
request.
(July 1, 1944, ch. 373, title VI, 642, formerly 622, as added Aug.
18, 1964, Pub. L. 88-443, 3(a), 78 Stat. 458, and renumbered 642, June
30, 1970, Pub. L. 91-296, title II, 201, 84 Stat. 344.)
A prior section 291l, act July 1, 1944, ch. 373, title VI, 634, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, contained provisions
similar to this section prior to the general amendment of this
subchapter by Pub. L. 88-443.
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.
42 USC 291m. State control of operations
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Except as otherwise specifically provided, nothing in this subchapter
shall be construed as conferring on any Federal officer or employee the
right to exercise any supervision or control over the administration,
personnel, maintenance, or operation of any facility with respect to
which any funds have been or may be expended under this subchapter.
(July 1, 1944, ch. 373, title VI, 643, formerly 623, as added Aug.
18, 1964, Pub. L. 88-443, 3(a), 78 Stat. 458, and renumbered 643, June
30, 1970, Pub. L. 91-296, title II, 201, 84 Stat. 344.)
A prior section 291m, act July 1, 1944, ch. 373, title VI, 635, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended July 12,
1954, ch. 471, 4(h), 68 Stat. 467, contained provisions similar to
this section prior to the general amendment of this subchapter by Pub.
L. 88-443.
42 USC 291m-1. Loans for certain hospital experimentation projects
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Other public or private sources unavailable for alleviation of
hardship due to increased construction costs
In order to alleviate hardship on any recipient of a grant under
section 291n /1/ of this title (as in effect immediately before August
18, 1964) for a project for the construction of an experimental or
demonstration facility having as its specific purpose the application of
novel means for the reduction of hospital costs with respect to which
there has been a substantial increase in the cost of such construction
(over the estimated cost of such project on the basis of which such
grant was made) through no fault of such recipient, the Secretary is
authorized to make a loan to such recipient not exceeding 66 2/3 per
centum of such increased costs, as determined by the Secretary, if the
Secretary determines that such recipient is unable to obtain such an
amount for such purpose from other public or private sources.
(b) Application; form; information
Any such loan shall be made only on the basis of an application
submitted to the Secretary in such form and containing such information
and assurances as he may prescribe.
(c) Interest; repayment period
Each such loan shall bear interest at the rate of 2 1/2 per centum
per annum on the unpaid balance thereof and shall be repayable over a
period determined by the Secretary to be appropriate, but not exceeding
fifty years.
(d) Authorization of appropriation
There are hereby authorized to be appropriated $3,500,000 to carry
out the provisions of this section.
(July 1, 1944, ch. 373, title VI, 643A, formerly 623A, as added
Dec. 5, 1967, Pub. L. 90-174, 11, 81 Stat. 541, and renumbered 643A,
June 30, 1970, Pub. L. 91-296, title II, 201, 84 Stat. 344.)
Section 291n of this title, referred to in subsec. (a), was repealed
by Pub. L. 90-174, 3(b)(1), Dec. 5, 1967, 81 Stat. 535.
/1/ See References in Text note below.
42 USC 291n. Repealed. Pub. L. 90-174, 3(b)(1), Dec. 5, 1967, 81
Stat. 535
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title VI, 644, formerly 624,
as added Aug. 18, 1964, Pub. L. 88-443, 3(a), 78 Stat. 459, and
renumbered 644, June 30, 1970, Pub. L. 91-296, title II, 201, 84
Stat. 344, provided for research, experiments and demonstrations in
utilization of medical facilities, authorization, grants-in-aid,
amounts, payment, conditions, authorization of appropriations, and right
of recovery of United States Government. See section 242b of this
title.
Provisions similar to those comprising this section were contained in
a prior section 291n, act July 1, 1944, ch. 373, title VI, 636, as
added Oct. 25, 1949, ch. 722, 5, 63 Stat. 900, and amended Oct. 6,
1961, Pub. L. 87-395, 4, 75 Stat. 825, prior to the general amendment
of this subchapter by Pub. L. 88-443.
Repeal effective with respect to appropriations for fiscal year
ending after June 30, 1967, see section 3(b) of Pub. L. 90-174, set out
as an Effective Date of 1967 Amendment note under section 246 of this
title.
42 USC 291n-1. Omitted
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title VI, 637, formerly
654(c), as added July 12, 1954, ch. 471, 3, 68 Stat. 463, renumbered
637 and amended Aug. 14, 1959, Pub. L. 86-158, title II, 201, 73
Stat. 349, which related to transfers of allotments between States, was
omitted in the general amendment of this subchapter by Pub. L. 88-443,
Aug. 18, 1964, 78 Stat. 447. See section 291b of this title.
42 USC 291o. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For the purposes of this subchapter --
(a) The term ''State'' includes the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Virgin Islands, and the District of Columbia.
(b)(1) The term ''Federal share'' with respect to any project means
the proportion of the cost of such project to be paid by the Federal
Government under this subchapter.
(2) With respect to any project in any State for which a grant is
made from an allotment from an appropriation under section 291a of this
title, the Federal share shall be the amount determined by the State
agency designated in accordance with section 291d of this title, but not
more than 66 2/3 per centum or the State's allotment percentage,
whichever is the lower, except that, if the State's allotment percentage
is lower than 50 per centum, such allotment percentage shall be deemed
to be 50 per centum for purposes of this paragraph.
(3) Prior to the approval of the first project in a State during any
fiscal year the State agency designated in accordance with section 291d
of this title shall give the Secretary written notification of the
maximum Federal share established pursuant to paragraph (2) of this
subsection for projects in such State to be approved by the Secretary
during such fiscal year and the method for determining the actual
Federal share to be paid with respect to such projects; and such
maximum Federal share and such method of determination for projects in
such State approved during such fiscal year shall not be changed after
such approval.
(4) Notwithstanding the provisions of paragraphs (2) and (3) of this
subsection, the Federal share shall, at the option of the State agency,
be equal to the per centum provided under such paragraphs plus an
incentive per centum (which when combined with the per centum provided
under such paragraphs shall not exceed 90 per centum) specified by the
State agency in the case of (A) projects that will provide services
primarily for persons in an area determined by the Secretary to be a
rural or urban poverty area, and (B) projects that offer potential for
reducing health care costs through shared services among health care
facilities, through interfacility cooperation, or through the
construction or modernization of free-standing outpatient facilities.
(c) The term ''hospital'' includes general, tuberculosis, and other
types of hospitals, and related facilities, such as laboratories,
outpatient departments, nurses' home facilities, extended care
facilities, facilities related to programs for home health services,
self-care units, and central service facilities, operated in connection
with hospitals, and also includes education or training facilities for
health professions personnel operated as an integral part of a hospital,
but does not include any hospital furnishing primarily domiciliary care.
(d) The term ''public health center'' means a publicly owned facility
for the provision of public health services, including related publicly
owned facilities such as laboratories, clinics, and administrative
offices operated in connection with such a facility.
(e) The term ''nonprofit'' as applied to any facility means a
facility which is owned and operated by one or more nonprofit
corporations or associations no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private shareholder
or individual.
(f) The term ''outpatient facility'' means a facility (located in or
apart from a hospital) for the diagnosis or diagnosis and treatment of
ambulatory patients (including ambulatory inpatients) --
(1) which is operated in connection with a hospital, or
(2) in which patient care is under the professional supervision of
persons licensed to practice medicine or surgery in the State, or, in
the case of dental diagnosis or treatment, under the professional
supervision of persons licensed to practice dentistry in the State; or
(3) which offers to patients not requiring hospitalization the
services of licensed physicians in various medical specialties, and
which provides to its patients a reasonably full-range of diagnostic and
treatment services.
(g) The term ''rehabilitation facility'' means a facility which is
operated for the primary purpose of assisting in the rehabilitation of
disabled persons through an integrated program of --
(1) medical evaluation and services, and
(2) psychological, social, or vocational evaluation and services,
under competent professional supervision, and in the case of which --
(3) the major portion of the required evaluation and services is
furnished within the facility; and
(4) either (A) the facility is operated in connection with a
hospital, or (B) all medical and related health services are prescribed
by, or are under the general direction of, persons licensed to practice
medicine or surgery in the State.
(h) The term ''facility for long-term care'' means a facility
(including an extended care facility) providing in-patient care for
convalescent or chronic disease patients who require skilled nursing
care and related medical services --
(1) which is a hospital (other than a hospital primarily for the care
and treatment of mentally ill or tuberculosis patients) or is operated
in connection with a hospital, or
(2) in which such nursing care and medical services are prescribed
by, or are performed under the general direction of, persons licensed to
practice medicine or surgery in the State.
(i) The term ''construction'' includes construction of new buildings,
expansion, remodeling, and alteration of existing buildings, and initial
equipment of any such buildings (including medical transportation
facilities) and, in any case in which it will help to provide a service
not previously provided in the community, equipment of any buildings;
including architects' fees, but excluding the cost of off-site
improvements and, except with respect to public health centers, the cost
of the acquisition of land.
(j) The term ''cost'' as applied to construction or modernization
means the amount found by the Surgeon General to be necessary for
construction and modernization respectively, under a project, except
that such term, as applied to a project for modernization of a facility
for which a grant or loan is to be made from an allotment under section
291b(a)(2) of this title, does not include any amount found by the
Surgeon General to be attributable to expansion of the bed capacity of
such facility.
(k) The term ''modernization'' includes alteration, major repair (to
the extent permitted by regulations), remodeling, replacement, and
renovation of existing buildings (including initial equipment thereof),
and replacement of obsolete, built-in (as determined in accordance with
regulations) equipment of existing buildings.
(l) The term ''title'', when used with reference to a site for a
project, means a fee simple, or such other estate or interest (including
a leasehold on which the rental does not exceed 4 per centum of the
value of the land) as the Surgeon General finds sufficient to assure for
a period of not less than fifty years' undisturbed use and possession
for the purposes of construction and operation of the project.
(July 1, 1944, ch. 373, title VI, 645, formerly 625, as added Aug.
18, 1964, Pub. L. 88-443, 3(a), 78 Stat. 460, amended Sept. 4, 1964,
Pub. L. 88-581, 3(b), 78 Stat. 919, and renumbered 645 and amended
June 30, 1970, Pub. L. 91-296, title I, 113, 114(a), 116(f), 117, 118,
119(d), title II, 201, 84 Stat. 340, 341, 342, 343, 344.)
A prior section 291o, act July 1, 1944, ch. 373, title VI, 641, as
added July 12, 1954, ch. 471, 2, 68 Stat. 461, related to a
declaration of purpose with respect to diagnostic or treatment centers,
chronic disease hospitals, rehabilitation facilities, and nursing homes
was omitted in the general amendment of this subchapter by Pub. L.
88-443. See section 291 of this title.
Provisions similar to those comprising this section were contained in
section 291i(d) to (o), act July 1, 1944, ch. 373, title VI, 631, as
added Aug. 13, 1946, ch. 958, 2, 60 Stat. 1041, and amended June 19,
1948, ch. 544, 1(b), 62 Stat. 531; Oct. 25, 1949, ch. 722, 9, 63
Stat. 901; July 12, 1954, ch. 471, 4(c) to (f), 68 Stat. 465, 466;
Aug. 1, 1956, ch. 852, 19(b), 70 Stat. 911; June 25, 1959, Pub. L.
86-70, 31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86-624, 29(d),
74 Stat. 419; Oct. 5, 1961, Pub. L. 87-395, 5, 75 Stat. 826; Sept.
25, 1962, Pub. L. 87-688, 4(a)(2), 76 Stat. 587, prior to the general
amendment of this subchapter by Pub. L. 88-443.
1970 -- Subsec. (a). Pub. L. 91-296, 119(d), inserted reference to
Trust Territory of the Pacific Islands.
Subsec. (b). Pub. L. 91-296, 113, provided that Federal share of any
project be in such amount, not in excess of two-thirds, as the State
agency determined and authorized a higher Federal share of up to 90 per
centum, in case of rural or urban poverty projects, and facilities which
might reduce health costs through shared services, interfacility
cooperation, and free-standing ambulatory care centers.
Subsec. (c). Pub. L. 91-296, 114(a), inserted references to extended
care facilities, facilities related to programs for home health
services, and self-care units operated in connection with hospitals and
education or training facilities for health professions personnel
operated as an integral part of a hospital.
Subsec. (f). Pub. L. 91-296, 116(f), substituted ''outpatient
facility'' for ''diagnostic or treatment center'', inserted ''(located
in or apart from a hospital)'' after ''means at facility'', inserted
''(including ambulatory inpatients)'' after ''ambulatory patients'', and
added par. (3).
Subsec. (h). Pub. L. 91-296, 117, inserted ''(including an extended
care facility)'' after ''means a facility''.
Subsec. (i). Pub. L. 91-296, 118, inserted reference to equipment of
any buildings in cases in which such equipment will help to provide a
service not previously provided in the community.
1964 -- Subsec. (c). Pub. L. 88-581 substituted ''nurses' home
facilities'' for ''nurses' home and training facilities''.
Section 113 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to projects approved under this
subchapter after June 30, 1970.
Section 114(a) of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to applications approved under
this subchapter after June 30, 1970.
Section 116(g) of Pub. L. 91-296 provided that: ''The amendments
made by subsection (e) (amending this section) and paragraphs (2) and
(3) of subsection (f) of this section (amending section 291e of this
title) shall apply with respect to applications approved under title VI
of such Act (this subchapter) after June 30, 1970.''
Section 117 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to applications approved under
this subchapter after June 30, 1970.
Section 118 of Pub. L. 91-296 provided that the amendment made by
that section is effective with respect to projects approved under this
subchapter after June 30, 1970.
Amendment by section 119(d) of Pub. L. 91-296 applicable with
respect to allotments and grants therefrom under part A of this
subchapter for fiscal years ending after June 30, 1970, and with respect
to loan guarantees and loans under part B of this subchapter made after
June 30, 1970, see section 119(e) of Pub. L. 91-296, set out as a note
under section 291b of this title.
Amendment by Pub. L. 88-581 effective with respect to applications
for grants from appropriations for fiscal years beginning after June 30,
1965, see section 3(b) of Pub. L. 88-581, set out as a note under
section 291c of this title.
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.
42 USC 291o-1. Financial statements
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
In the case of any facility for which a grant, loan, or loan
guarantee has been made under this subchapter, the applicant for such
grant, loan, or loan guarantee (or, if appropriate, such other person as
the Secretary may prescribe) shall file at least annually with the State
agency for the State in which the facility is located a statement which
shall be in such form, and contain such information, as the Secretary
may require to accurately show --
(1) the financial operations of the facility, and
(2) the costs to the facility of providing health services in the
facility and the charges made by the facility for providing such
services,
during the period with respect to which the statement is filed.
(July 1, 1944, ch. 373, title VI, 646, as added June 30, 1970, Pub.
L. 91-296, title I, 121, 84 Stat. 343.)
Sections 291p to 291z were omitted in the general amendment of this
subchapter by Pub. L. 88-443, Aug. 18, 1964, 78 Stat. 447.
Section 291p, act July 1, 1944, ch. 373, title VI, 646, as added
July 12, 1954, ch. 471, 2, 68 Stat. 461, related to appropriations to
States for carrying out purposes of section 291o(a) of this title.
Section 291q, act July 1, 1944, ch. 373, title VI, 647, as added
July 12, 1954, ch. 471, 2, 68 Stat. 461, related to State application
for funds for carrying out purposes of section 291o(a) of this title.
Section 291r, act July 1, 1944, ch. 373, title VI, 648, as added
July 12, 1954, ch. 471, 2, 68 Stat. 462, related to allotments to
States of appropriations made pursuant to section 291p of this title.
Section 291s, act July 1, 1944, ch. 373, title VI, 651, as added
July 12, 1954, ch. 471, 3, 68 Stat. 462, and amended Aug. 2, 1956,
ch. 871, title IV, 402, 70 Stat. 929; Aug. 14, 1958, Pub. L.
85-664, 1(b), 72 Stat. 616; Oct. 5, 1961, Pub. L. 87-395, 3(a), 75
Stat. 825, related to appropriations for assistance to States in
carrying out purposes of section 291o(b) of this title.
Section 291t, act July 1, 1944, ch. 373, title VI, 652, as added
July 12, 1954, ch. 471, 3, 68 Stat. 462, and amended Aug. 1, 1956,
ch. 852, 19(c), 70 Stat. 911; Oct. 5, 1961, Pub. L. 87-395, 3(b),
75 Stat. 825; Sept. 25, 1962, Pub. L. 87-688, 4(a)(3), 76 Stat.
587, related to allotments to States of sums appropriated under section
291s of this title.
Section 291u, act July 1, 1944, ch. 373, title VI, 653, as added
July 12, 1954, ch. 471, 3, 68 Stat. 463, related to revision of
regulations and State plans to cover benefits of sections 291s to 291v
of this title.
Section 291v, act July 1, 1944, ch. 373, title VI, 654, as added
July 12, 1954, ch. 471, 3, 68 Stat. 463, and amended Aug. 14, 1959,
Pub. L. 86-158, title II, 201, 73 Stat. 349, related to applications
and payments for projects under sections 291s to 291v of this title.
Section 291w, act July 1, 1944, ch. 373, title VI, 661, as added
Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, and amended Oct. 5,
1961, Pub. L. 87-395, 6, 75 Stat. 826, related to an authorization of
Surgeon General to make loans for construction.
Section 291x, act July 1, 1944, ch. 373, title VI, 662, as added
Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, related to approval of
construction loans by Surgeon General.
Section 291y, act July 1, 1944, ch. 373, title VI, 663, as added
Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 489, related to terms of the
loans with respect to sections 291w to 291z of this title.
Section 291z, act July 1, 1944, ch. 373, title VI, 664, as added
Aug. 1, 1958, Pub. L. 85-589, 72 Stat. 490, related to allotment of
funds for loans under this subchapter.
42 USC SUBCHAPTER V -- HEALTH RESEARCH AND TEACHING FACILITIES AND
TRAINING OF PROFESSIONAL HEALTH PERSONNEL
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1963 -- Pub. L. 88-129, 2(a), Sept. 24, 1963, 77 Stat. 164,
substituted ''Health Research and Teaching Facilities and Training of
Professional Health Personnel'' for ''Health Research Facilities''.
section 8201.
42 USC Part A -- General Provisions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
1976 -- Pub. L. 94-484, title II, 201(d)(1), (2), Oct. 12, 1976,
90 Stat. 2247, substituted part A heading ''General Provisions'' for
''Grants for Construction of Health Research Facilities'' and repealed
heading ''Part H -- General Provisions'' preceding section 295h-8 of
this title, now covered by part A.
1963 -- Pub. L. 88-129, 2(a), Sept. 24, 1963, 77 Stat. 164,
substituted ''Health Research and Teaching Facilities and Training of
Professional Health Personnel'' for ''Health Research Facilities'', in
the subchapter heading, and added heading of part A.
42 USC 292. Repealed. Pub. L. 97-35, title XXVII, 2715, Aug. 13,
1981, 95 Stat. 913
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title VII, 700, as added Oct.
12, 1976, Pub. L. 94-484, title II, 201(b), 90 Stat. 2246, set forth
limitations on use of appropriations.
A prior section 292, act July 1, 1944, ch. 373, title VII, 701, as
added July 30, 1956, ch. 779, 2, 70 Stat. 717, and amended Sept. 24,
1963, Pub. L. 88-129, 2(a), 77 Stat. 164, stated Congressional
findings and declaration of policy respecting grants for construction of
health research facilities, and was repealed by Pub. L. 94-484, title
II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
42 USC 292a. Definitions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
For purposes of this subchapter --
(1) The terms ''construction'' and ''cost of construction'' include
(A) the construction of new buildings, the expansion of existing
buildings, and the acquisition, remodeling, replacement, renovation,
major repair (to the extent permitted by regulations), or alteration of
existing buildings, including architects' fees, but not including the
cost of acquisition of land or off-site improvements, and (B) initial
equipment of new buildings and of the expanded, remodeled, repaired,
renovated, or altered part of existing buildings; but such term shall
not include the construction or cost of construction of so much of any
facility as is used or is to be used for sectarian instruction or as a
place for religious worship.
(2) The term ''nonprofit'' refers to the status of an entity owned
and operated by one or more corporations or associations no part of the
net earnings of which inures, or may lawfully inure, to the benefit of
any private shareholder or individual.
(3) The term ''affiliated hospital or affiliated outpatient
facility'' means a hospital or outpatient facility, as defined in
section 291o of this title, which is not owned by, but is affiliated (to
the extent and in the manner determined in accordance with regulations)
with, a school of medicine, osteopathic medicine, or dentistry which
meets the eligibility conditions set forth in section 293a(b)(1) of this
title.
(4) The terms ''school of medicine'', ''school of dentistry'',
''school of osteopathic medicine'', ''school of pharmacy'', ''school of
optometry'', ''school of podiatric medicine'', ''school of veterinary
medicine'', ''school of public health'', and ''school of chiropractic''
mean an accredited public or non-profit private school in a State that
provides training leading, respectively, to a degree of doctor of
medicine, a degree of doctor of dentistry or an equivalent degree, a
degree of doctor of osteopathy, /1/ a degree of bachelor of science in
pharmacy or an equivalent degree, a degree of doctor of optometry or an
equivalent degree, a degree of doctor of podiatric medicine or an
equivalent degree, a degree of doctor of veterinary medicine or an
equivalent degree, a graduate degree in public health or an equivalent
degree, and a degree of doctor of chiropractic or an equivalent degree,
and including advanced training related to such training provided by any
such school. The term ''graduate program in health administration''
means an accredited graduate program in a public or nonprofit private
institution in a State that provides training leading to a graduate
degree in health administration or an equivalent degree. The term
''graduate program in clinical psychology'' means an accredited graduate
program in a public or nonprofit private institution in a State which
provides training leading to a doctoral degree in clinical psychology or
an equivalent degree.
(5) The term ''accredited'', when applied to a school of medicine,
osteopathic medicine, dentistry, veterinary medicine, optometry,
podiatry, /2/ pharmacy, public health, or chiropractic, a graduate
program in health administration, or a graduate program in clinical
psychology, means a school or program that is accredited by a recognized
body or bodies approved for such purpose by the Secretary of Education,
except that a new school or program that, by reason of an insufficient
period of operation, is not, at the time of application for a grant or
contract under this subchapter, eligible for accreditation by such a
recognized body or bodies, shall be deemed accredited for purposes of
this subchapter, if the Secretary of Education finds, after consultation
with the appropriate accreditation body or bodies, that there is
reasonable assurance that the school or program will meet the
accreditation standards of such body or bodies prior to the beginning of
the academic year following the normal graduation date of the first
entering class in such school or program.
(6) The term ''teaching facilities'' means areas dedicated for use by
students, faculty, or administrative or maintenance personnel for
clinical purposes, research activities, libraries, classrooms, offices,
auditoriums, dining areas, student activities, or other related purposes
necessary for, and appropriate to, the conduct of comprehensive programs
of education. Such term includes interim facilities but does not
include off-site improvements or living quarters.
(7) The term ''interim facilities'' means teaching facilities
designed to provide teaching space on a short-term (less than ten years)
basis while facilities of a more permanent nature are being planned and
constructed.
(8)(A) The term ''program for the training of physician assistants''
means an educational program which (i) has as its objective the
education of individuals who will, upon completion of their studies in
the program, be qualified to provide primary health care under the
supervision of a physician, and (ii) meets regulations prescribed by the
Secretary in accordance with subparagraph (B).
(B) After consultation with appropriate organizations, the Secretary
shall, not later than October 1, 1986, prescribe regulations for
programs for the training of physician assistants. Such regulations
shall, as a minimum, require that such a program --
(i) extend for at least one academic year and consist of --
(I) supervised clinical practice, and
(II) at least four months (in the aggregate) of classroom
instruction,
directed toward preparing students to deliver health care;
(ii) have an enrollment of not less than eight students; and
(iii) train students in primary care, disease prevention, health
promotion, geriatric medicine, and home health care.
(9)(A) The term ''program for the training of expanded function
dental auxiliaries'' means an educational program which (i) has as its
objective the education of individuals who will, upon completion of
their studies in the program, be qualified to assist in the provision of
dental care under the supervision of a dentist and (ii) meets
regulations prescribed by the Secretary in accordance with subparagraph
(B).
(B) After consultation with appropriate professional organizations,
the Secretary shall (within 180 days after October 12, 1976) prescribe
regulations for programs for the training of expanded function dental
auxiliaries. Such regulations shall, as a minimum, require that such a
program --
(i) extend for at least one academic year and consist of
(I) supervised clinical practice, and
(II) at least four months (in the aggregate) of classroom
instruction,
directed toward preparing students to deliver dental care; and
(ii) have an enrollment of not less than eight students.
(10) The term ''school of allied health'' means a public or nonprofit
private college, junior college, college, or university or
hospital-based educational entity --
(A) which provides, or can provide, programs of education to enable
individuals to become allied health professionals or to provide
additional training for allied health professionals;
(B) which provides training for not less than a total of twenty
persons in the allied health curricula (except that this subparagraph
shall not apply to any hospital-based educational entity);
(C) which includes or is affiliated with a teaching hospital; and
(D) which is accredited by a recognized body or bodies approved for
such purposes by the Secretary of Education, or which provides to the
Secretary satisfactory assurance by such accrediting body or bodies that
reasonable progress is being made toward accreditation.
(11) The term ''State'' includes, in addition to the several States,
only the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
(12) The term ''Department'' means the Department of Health and Human
Services.
(13) The term ''allied health professional'' means a health
professional --
(A) who has received a certificate, an associate's degree, a
bachelor's degree, a masters' degree, a doctoral degree, or
postbaccalaureate training, in a science relating to health care;
(B) who shares in the responsibility for the delivery of health care
services or related services, including --
(i) services relating to the identification, evaluation, and
prevention of diseases and disorders;
(ii) dietary and nutrition services;
(iii) health promotion services;
(iv) rehabilitation services; or
(v) health systems management services; and
(C) who has not received a degree of doctor of medicine, a degree of
doctor of osteopathy, /3/ a degree of doctor of dentistry or an
equivalent degree, a degree of doctor of veterinary medicine or an
equivalent degree, a degree of doctor of optometry or an equivalent
degree, a degree of doctor of podiatric medicine or an equivalent
degree, a degree of bachelor of science in pharmacy or an equivalent
degree, a degree of doctor of pharmacy or an equivalent degree, a
graduate degree in public health or an equivalent degree, a degree of
doctor of chiropractic or an equivalent degree, a graduate degree in
health administration or an equivalent degree, a doctoral degree in
clinical psychology or an equivalent degree, or a degree in social work
or an equivalent degree.
(July 1, 1944, ch. 373, title VII, 701, formerly 724, as added
Sept. 24, 1963, Pub. L. 88-129, 2(b), 77 Stat. 169, amended Oct. 22,
1965, Pub. L. 89-290, 2(b), 79 Stat. 1056; Nov. 2, 1966, Pub. L.
89-709, 2(c), 80 Stat. 1103; Aug. 16, 1968, Pub. L. 90-490, title I,
105(c), 82 Stat. 774; Nov. 18, 1971, Pub. L. 92-157, title I,
102(c)(1)-(4), (f)(2)(B), 85 Stat. 431, 432, 435, and renumbered 701
and amended Oct. 12, 1976, Pub. L. 94-484, title II, 201(c), (e), 90
Stat. 2247; Aug. 13, 1981, Pub. L. 97-35, title XXVII, 2716, 95 Stat.
913; Oct. 22, 1985, Pub. L. 99-129, title II, 201(a), (b), 202, 203,
204(a), (b), 99 Stat. 525-527; Nov. 4, 1988, Pub. L. 100-607, title
VI, 620(a), 623, 628(1), 629(b)(1), (2), 102 Stat. 3141, 3142, 3145,
3146; Aug. 16, 1989, Pub. L. 101-93, 5(l), 103 Stat. 613.)
Section was formerly classified to section 293d of this title.
A prior section 292a, act July 1, 1944, ch. 373, title VII, 702, as
added July 30, 1956, ch. 779, 2, 70 Stat. 717, and amended Sept. 24,
1963, Pub. L. 88-129, 2(a), 77 Stat. 164, defined ''Council'',
''construction'', ''cost of construction'', ''nonprofit institution'',
and ''sciences related to health'' as applicable to grants for
construction of health research facilities, and was repealed by Pub. L.
94-484, title II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
1989 -- Par. (13). Pub. L. 101-93, 5(l)(2), substituted ''a health
professional'' for ''an individual'' in introductory provision.
Pub. L. 101-93, 5(l)(1), repealed Pub. L. 100-607, 623(b)(1), see
1988 Amendment note below.
1988 -- Par. (3). Pub. L. 100-607, 629(b)(2), substituted
''osteopathic medicine'' for ''osteopathy''.
Par. (4). Pub. L. 100-607, 629(b)(1), substituted ''school of
osteopathic medicine'' for ''school of osteopathy''.
Pub. L. 100-607, 628(1)(A), substituted ''school of podiatric
medicine'' for ''school of podiatry'' and ''doctor of podiatric
medicine'' for ''doctor of podiatry''.
Pub. L. 100-607, 620(a)(1), inserted provisions which defined
''graduate program in clinical psychology''.
Par. (5). Pub. L. 100-607, 629(b)(2), substituted ''osteopathic
medicine'' for ''osteopathy''.
Par. (10). Pub. L. 100-607, 623(a)(1), inserted ''or hospital-based
educational entity'' after ''college, or university'' in introductory
provisions.
Par. (10)(B). Pub. L. 100-607, 623(a)(2), inserted ''(except that
this subparagraph shall not apply to any hospital-based educational
entity)'' before semicolon at end.
Par. (13). Pub. L. 100-607, 623(b)(1), which directed that subpar.
(C) of this paragraph be amended by substituting ''a health
professional'' for ''an individual'', was repealed by Pub. L. 101-93,
5(l)(1). See 1989 Amendment notes above.
Par. (13)(C). Pub. L. 100-607, 628(1)(B), substituted ''podiatric
medicine'' for ''podiatry''.
Pub. L. 100-607, 623(b)(2), (3), struck out ''or'' before ''a
doctoral degree in clinical psychology'' and inserted '', or a degree in
social work or an equivalent degree'' before period at end.
Par. (14). Pub. L. 100-607, 620(a)(2), struck out par. (14) which
defined ''graduate program in clinical psychology''.
1985 -- Par. (4). Pub. L. 99-129, 201(a), inserted reference to
term ''school of chiropractic'' and inserted provision defining such
term as a school which provides training leading to a degree of doctor
of chiropractic or an equivalent degree.
Par. (5). Pub. L. 99-129, 204(b), inserted a graduate program in
clinical psychology to list of programs to which term ''accredited'' may
be applied.
Pub. L. 99-129, 201(b), inserted chiropractic to list of schools to
which term ''accredited'' may be applied.
Par. (8). Pub. L. 99-129, 202, amended par. (8) generally. Prior
to amendment, par. (8) read as follows:
''(A) The term 'program for the training of physician assistants'
means an educational program which (i) has as its objective the
education of individuals who will, upon completion of their studies in
the program, be qualified to effectively provide health care under the
supervision of a physician and (ii) meets regulations prescribed by the
Secretary in accordance with subparagraph (B).
''(B) After consultation with appropriate professional organizations,
the Secretary shall (within 180 days after October 12, 1976) prescribe
regulations for programs for the training of physician assistants. Such
regulations shall, as a minimum, require that such a program --
''(i) extend for at least one academic year and consist of (I)
supervised clinical practice, and (II) at least four months (in the
aggregate) of classroom instruction, directed toward preparing students
to deliver health care; and
''(ii) have an enrollment of not less than eight students.''
Par. 10. Pub. L. 99-129, 203(a), inserted ''college,'' before
''junior college,'' and substituted ''to enable individuals to become
allied health professionals or to provide additional training for allied
health professionals'' for ''in a discipline of allied health leading to
a baccalaureate or associate degree (or an equivalent degree of either)
or to a more advanced degree''.
Par. (13). Pub. L. 99-129, 203(b), added par. (13).
Par. (14). Pub. L. 99-129, 204(a), added par. (14).
1981 -- Par. (2). Pub. L. 97-35, 2716(a), substituted provisions
defining ''nonprofit'' for provisions defining ''nonprofit school''.
Par. (4). Pub. L. 97-35, 2716(b), inserted provisions defining
''graduate program in health administration'', and substituted ''an
accredited public or nonprofit private school in a State that'' for ''a
school which''.
Par. (5) to (9). Pub. L. 97-35, 2716(c)(1), (2), added par. (5)
and redesignated former pars. (5) to (8) as (6) to (9), respectively.
Par. (10). Pub. L. 97-35, 2716(c)(1), (3), added par. (10). Former
par. (10) redesignated (12).
Par. (11). Pub. L. 97-35, 2716(c)(1), (d), redesignated former par.
(9) as (11) and inserted ''the Commonwealth of'' before ''the
Northern''.
Par. (12). Pub. L. 97-35, 2716(c)(1), (e), redesignated former par.
(10) as (12) and substituted ''Health and Human Services'' for ''Health,
Education, and Welfare''.
1976 -- Pub. L. 94-484, 201(e)(1), substituted introductory text
''For purposes of this subchapter'' for ''As used in this part and parts
C, E, and F of this subchapter''.
Par. (4). Pub. L. 94-484, 201(e)(2), substituted ''graduate degree
in public health or an equivalent degree'' for ''graduate degree in
public health''.
Pars. (7) to (10). Pub. L. 94-484, 201(e)(3), added pars. (7) to
(10).
1971 -- Par. (1). Pub. L. 92-157, 102(c)(1), (4), defined terms
''construction'' and ''cost of construction'' to include in cl. (A) the
acquisition of existing buildings and substituted a period for a
semicolon as end punctuation, respectively.
Par. (2). Pub. L. 92-157, 102(c)(4), substituted a period for a
semicolon at end.
Par. (3). Pub. L. 92-157, 102(f)(2)(B), included definition for
''affiliated outpatient facility'', substituted reference to section
''291o'' for ''291i'' of this title, and included affiliation with a
school of dentistry.
Par. (4). Pub. L. 92-157, 102(c)(3), (4), substituted ''an
equivalent degree'' for ''doctor of pharmacy'' and ''doctor of surgical
chiropody'' after ''bachelor of science in pharmacy'' and ''doctor of
podiatry'', and substituted a period for a semicolon as the end
punctuation, striking out ''and'' after the punctuation, respectively.
Par. (5). Pub. L. 92-157, 102(c)(2), substituted definition of
''teaching facilities'' for definition of ''school of nursing''.
Par. (6). Pub. L. 92-157, 102(c)(2), added par. (6).
1968 -- Par. (4). Pub. L. 90-490 inserted ''and including advanced
training related to such training provided by any such school''.
1966 -- Par. (4). Pub. L. 89-709 included school of veterinary
medicine and defined such term to mean a school which provides training
leading to a degree of doctor of veterinary medicine or an equivalent
degree.
1965 -- Pub. L. 89-290 substituted ''As used in this part and parts
C, E, and F'', for ''As used in this part''.
Amendment by Pub. L. 90-490 applicable in the case of projects for
which grants are made under this part from appropriations for fiscal
years ending after June 30, 1969, see section 105(d) of Pub. L. 90-490,
set out as a note under section 293a of this title.
Professions Personnel for Delivery of High Quality
Health Care and Primary Care; Preferential Admission
of Alien Physicians and Surgeons Unnecessary
Section 2 of Pub. L. 94-484 provided that:
''(a) The Congress finds and declares that --
''(1) the availability of high quality health care to all Americans
is a national goal;
''(2) the availability of high quality health care is, to a
substantial extent, dependent upon --
''(A) the availability of qualified health professions personnel;
and
''(B) the availability of adequate numbers of physicians engaged in
the delivery of primary care, including family practice, general
internal medicine, and general pediatrics, and in the various
specialties, but numbers which do not exceed the need for physicians in
such specialties;
''(3) there are many areas in the United States which are unable to
attract adequate numbers of health professions personnel to meet their
health care needs; and
''(4) physician specialization has resulted in inadequate numbers of
physicians engaged in the delivery of primary care.
''(b) The Congress further finds and declares that --
''(1) health professions personnel are a national health resource and
the Federal Government shares the responsibility of assuring that such
qualified personnel are available to meet the health care needs of the
American people;
''(2) it is therefore appropriate to provide support for the
education and training of such personnel; and
''(3) at the same time it is appropriate to provide such support in a
manner which will assure the availability of health professions
personnel to all of the American people.
''(c) The Congress further finds and declares that there is no longer
an insufficient number of physicians and surgeons in the United States
such that there is no further need for affording preference to alien
physicians and surgeons in admission to the United States under the
Immigration and Nationality Act (see Short Title note set out under
section 1101 of Title 8, Aliens and Nationality).''
sections 1621b, 2475.
/1/ So in original. Probably should be ''osteopathic medicine,''.
/2/ So in original. Probably should be ''podiatric medicine,''.
/3/ So in original. Probably should be ''osteopathic medicine,''.
42 USC 292b. National Advisory Council on Education for Health
Professions
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment; composition; selection of members
There is established in the Public Health Service a National Advisory
Council on Health Professions Education (hereafter in this section
referred to as the ''Council''), consisting of the Secretary (or his
delegate), who shall be Chairman of the Council, and twenty-one members
appointed by the Secretary (without regard to the provisions of title 5
relating to appointments in the competitive service) from persons who
because of their education, experience, or training are particularly
qualified to advise the Secretary with respect to the programs of
assistance authorized by parts B, C, D, E, /1/ F, and G of this
subchapter. Of the appointed members of the Council --
(1) thirteen shall be representatives of the health professions
schools assisted under programs authorized under this subchapter,
including --
(A) one representative of each of schools of veterinary medicine,
optometry, pharmacy, podiatric medicine, public health, and allied
health, and graduate programs in health administration and graduate
programs in clinical psychology; and
(B) at least six persons experienced in university administration, at
least one of whom shall be a representative of a school described in
subparagraph (A);
(2) two shall be full-time students enrolled in health professions
schools; and
(3) six shall be members of the general public.
(b) Functions
The Council shall advise the Secretary in the preparation of general
regulations and with respect to policy matters arising in the
administration of this subchapter (other than subpart II of part G
thereof).
(c) Administration
The Secretary may use the services of any member or members of the
Council in connection with matters related to the Administration of this
subchapter (other than subpart II of part G thereof), for such periods,
in addition to conference periods, as he may determine.
(d) Termination of Council
Section 14 of the Federal Advisory Committee Act shall not apply with
respect to the Council.
(July 1, 1944, ch. 373, title VII, 702, formerly 725, as added
Sept. 24, 1963, Pub. L. 88-129, 2(b), 77 Stat. 169, amended Sept. 4,
1964, Pub. L. 88-581, 3(c), 78 Stat. 919; Nov. 2, 1966, Pub. L.
89-709, 2(d), 80 Stat. 1103; Nov. 3, 1966, Pub. L. 89-751, 3(a), 80
Stat. 1230; Dec. 5, 1967, Pub. L. 90-174, 12(c), 81 Stat. 541; Oct.
30, 1970, Pub. L. 91-515, title VI, 601(b)(2), 84 Stat. 1311; Nov.
18, 1971, Pub. L. 92-157, title I, 108(a), 85 Stat. 460, and renumbered
702 and amended Oct. 12, 1976, Pub. L. 94-484, title II, 201(c),
202(a)(1), (2), (b), 90 Stat. 2247, 2248; Oct. 22, 1985, Pub. L.
99-129, title II, 205(a), 99 Stat. 527; Nov. 4, 1988, Pub. L.
100-607, title VI, 620(b), 628(2), 102 Stat. 3141, 3145.)
The provisions of title 5 relating to appointments in the competitive
service, referred to in subsec. (a), are classified to section 3301 et
seq. of Title 5, Government Organization and Employees.
Part D of this subchapter, referred to in subsec. (a), which was
classified to section 295 et seq. of this title, was repealed by Pub.
L. 99-129, title II, 220(c), Oct. 22, 1985, 99 Stat. 544.
Part E of this subchapter, referred to in subsec. (a), which was
classified to section 295f et seq. of this title, was repealed by act
July 1, 1944, ch. 373, title VII, 773, as added Nov. 4, 1988, Pub.
L. 100-607, title VI, 606(b), 102 Stat. 3127.
Subpart II of part G of this subchapter, referred to in subsecs. (b)
and (c), is classified to section 295h-4 et seq. of this title.
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (d), is section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
776, which is set out in the Appendix to Title 5.
Section was formerly classified to section 293e of this title.
A prior section 292b, act July 1, 1944, ch. 373, title VII, 703, as
added July 30, 1956, ch. 779, 2, 70 Stat. 717, and amended Sept. 24,
1963, Pub. L. 88-129, 2(a), 77 Stat. 164; Aug. 16, 1968, Pub. L.
90-490, title IV, 403, 82 Stat. 789; Oct. 30, 1970, Pub. L. 91-515,
title VI, 601(a)(1), (b)(2), 84 Stat. 1310, 1311; Nov. 18, 1971, Pub.
L. 92-157, title I, 102(k)(2)(A), 85 Stat. 437, which related to the
National Advisory Council on Health Research Facilities, providing for
its establishment, composition, selection of members; its functions;
and use of its services in the administration of grants for construction
of health research facilities, was repealed by Pub. L. 94-484, title
II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
1988 -- Subsec. (a). Pub. L. 100-607, 620(b)(1), substituted
''twenty-one'' for ''twenty''.
Subsec. (a)(1). Pub. L. 100-607, 620(b)(2)(A), substituted
''thirteen'' for ''twelve''.
Subsec. (a)(1)(A). Pub. L. 100-607, 628(2), substituted ''podiatric
medicine'' for ''podiatry''.
Pub. L. 100-607, 620(b)(2)(B), inserted ''and graduate programs in
clinical psychology'' after ''administration''.
1985 -- Subsec. (a)(1). Pub. L. 99-129 amended last sentence
generally, which prior to amendment read as follows: ''Of the appointed
members of the Council (1) twelve shall be representatives of the health
professions schools assisted under programs authorized by this
subchapter, including at least six persons experienced in university
administration and at least four representatives of schools of
veterinary medicine, optometry, pharmacy, podiatry, and public health,
and entities which may receive a grant under section 295h of this
title''.
1976 -- Subsec. (a). Pub. L. 94-484, 202(a)(1), (b)(1), inserted
provision designated item (1), incorporated existing text in provision
designated item (2), and incorporated existing text in provision
designated item (3), increasing number of public members to six from
four; and inserted reference to part G of this subchapter,
respectively.
Subsecs. (b), (c). Pub. L. 94-484, 202(b)(2), substituted in
parenthetical text ''subpart II of part G'' for ''parts A and G''.
Subsec. (d). Pub. L. 94-484, 202(a)(2), added subsec. (d).
1971 -- Subsec. (a). Pub. L. 92-157 substituted ''National Advisory
Council on Health Professions Education'' for ''National Advisory
Council on Education for Health Professions'', ''Secretary (or his
delegate)'' for ''Surgeon General'', struck out ex officio status of the
Surgeon General and the Commissioner of Education, increased membership
from seventeen to twenty, substituted provision respecting appointments
because of education, experience, or training of the appointees for
prior provisions for selection from leading authorities in the fields of
higher education, nine of whom to be particularly concerned with
training in medicine, dentistry, osteopathy, pharmacy, optometry,
podiatry, veterinary medicine, or public health professions, and
spelling out certain factors such as experience in planning,
constructing, financing, or administration of schools and familiarity
with need for teaching facilities in all areas of the Nation, and
provided for two appointees from among full-time students enrolled in
health professions schools.
Subsec. (b). Pub. L. 92-157 substituted ''Secretary'' for ''Surgeon
General'' and ''administration of this subchapter (other than parts A
and G thereof)'' for ''administration of this part'' and struck out
provision respecting advisory function in reviewing applications under
this part.
Subsec. (c). Pub. L. 92-157 substituted ''Secretary'' for ''Surgeon
General'', and ''administration of this subchapter (other than parts A
and G thereof)'' for ''administration of this part'' and struck out
sentence for consultation between and coordination of work of Council
and National Advisory Council on Health Research Facilities relating to
matters of this part.
Subsec. (d). Pub. L. 92-157 struck out provisions relating to
compensation and travel expenses. Such subsec. (d) had previously been
repealed by Pub. L. 91-515. See 1970 Amendment note set out below.
1970 -- Subsec. (d). Pub. L. 91-515 struck out subsec. (d) which
related to payment of compensation and travel expenses of appointed
members of the Council.
1967 -- Subsec. (a). Pub. L. 90-174 increased number of Council
members appointed from among leading authorities in fields of higher
education from twelve to thirteen.
1966 -- Subsec. (a). Pub. L. 89-709 substituted ''seventeen
members'' for ''sixteen members'' and ''at least nine of whom'' for ''at
least eight of whom'', and inserted ''veterinary medicine,'' after
''podiatry,'' in two places.
Subsec. (d). Pub. L. 89-751 substituted ''$100'' for ''50''.
1964 -- Subsec. (a). Pub. L. 88-581 struck out references to
''nursing'' to conform to enactment of subchapter VI of this chapter by
Pub. L. 88-581 which relates to nurse training.
Section 202(a)(3) of Pub. L. 94-484 provided that: ''The amendment
made by paragraph (1) (amending this section) with respect to the
composition of the National Advisory Council on Health Professions
Education shall apply with respect to appointments made to the Council
after October 1, 1976, and the Secretary of Health, Education, and
Welfare shall make appointments to the Council after such date in a
manner which will bring about, at the earliest feasible time, the
Council composition prescribed by the amendment.''
Section 3(c) of Pub. L. 88-581 provided that the amendment made by
that section is effective with respect to appointments to the National
Advisory Council on Education for Health Professions made after Sept.
4, 1964.
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.
Pub. L. 93-641, 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.
Section 9 of Pub. L. 89-751 provided that: ''The amendments made by
this Act (enacting prior sections 295h to 295h-5 and 298c to 298c-8 of
this title, amending this section and sections 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 a prior
section 294, section 294d, and prior sections 297c and 297f of this
title) shall be subject to the provisions of Reorganization Plan
Numbered 3 of 1966 (set out as a note under section 202 of this
title).''
/1/ See References in Text note below.
42 USC 292c. Repealed. Pub. L. 99-129, title II, 220(a), Oct. 22,
1985, 99 Stat. 543
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Section, act July 1, 1944, ch. 373, title VII, 703, formerly 799,
as added Nov. 2, 1970, Pub. L. 91-519, title II, 206, 84 Stat. 1354,
amended Nov. 18, 1971, Pub. L. 92-157, title I, 109, 85 Stat. 461,
and renumbered 703 and amended Oct. 12, 1976, Pub. L. 94-484, title
II, 201(c), 203, 90 Stat. 2247, 2248; Aug. 13, 1981, Pub. L. 97-35,
title XXVII, 2717, 95 Stat. 914, related to advance funding for grants
and contracts.
A prior section 292c, act July 1, 1944, ch. 373, title VII, 704, as
added July 30, 1956, 779, 2, 70 Stat. 718, and amended Aug. 27, 1958,
Pub. L. 85-777, 1(a), 72 Stat. 933; Oct. 5, 1961, Pub. L. 87-395,
8(a), (d), 75 Stat. 827; Oct. 17, 1962, Pub. L. 87-838, 4(a), 76
Stat. 1074; Aug. 9, 1965, Pub. L. 89-115, 2(a), 79 Stat. 448; Aug.
16, 1968, Pub. L. 90-490, title IV, 401(a), 82 Stat. 789 related to
authorization of appropriations and availability of funds for grants for
construction of health research facilities, and was repealed by Pub. L.
94-484, title II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
42 USC 292d. Discrimination on basis of sex prohibited
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may not make a grant, loan guarantee, or interest
subsidy payment under this subchapter to, or for the benefit of, any
school of medicine, osteopathic medicine, dentistry, veterinary
medicine, optometry, pharmacy, podiatric medicine, or public health or
any training center for allied health personnel, or graduate program in
clinical psychology, unless the application for the grant, loan
guarantee, or interest subsidy payment contains assurances satisfactory
to the Secretary that the school or training center will not
discriminate on the basis of sex in the admission of individuals to its
training programs. The Secretary may not enter into a contract under
this subchapter with any such school, training center, or graduate
program unless the school or training center furnishes assurances
satisfactory to the Secretary that it will not discriminate on the basis
of sex in the admission of individuals to its training programs. In the
case of a school of medicine which --
(1) on July 12, 1974, is in the process of changing its status as an
institution which admits only female students to that of an institution
which admits students without regard to their sex, and
(2) is carrying out such change in accordance with a plan approved by
the Secretary,
the provisions of the preceding sentences of this section shall apply
only with respect to a grant, contract, loan guarantee, or interest
subsidy to, or for the benefit of such a school for a fiscal year
beginning after June 30, 1979.
(July 1, 1944, ch. 373, title VII, 704, formerly 799A, as added
Nov. 2, 1970, Pub. L. 91-519, title II, 207, 84 Stat. 1355, amended
Nov. 18, 1971, Pub. L. 92-157, title I, 110(2), 85 Stat. 461; July 12,
1974, Pub. L. 93-348, title I, 105, 88 Stat. 347, and renumbered 704,
Oct. 12, 1976, Pub. L. 94-484, title II, 201(c), 90 Stat. 2247; Nov.
4, 1988, Pub. L. 100-607, title VI, 620(c), 628(3), 629(b)(2), 102
Stat. 3141, 3145, 3146.)
Section was formerly classified to section 295h-9 of this title.
A prior section 292d, act July 1, 1944, ch. 373, title VII, 705, as
added July 30, 1956, ch. 779, 2, 70 Stat. 718, and amended Aug. 27,
1958, Pub. L. 85-777, 1(b), 72 Stat. 933; Oct. 5, 1961, Pub. L.
87-395, 8(b), (d), 75 Stat. 827; Oct. 17, 1962, Pub. L. 87-838,
4(b), 76 Stat. 1074; Sept. 24, 1963, Pub. L. 88-129, 2(a), 3(a), 77
Stat. 164, 173; Aug. 9, 1965, Pub. L. 89-115, 2(b), 79 Stat. 448;
Aug. 16, 1968, Pub. L. 90-490, title IV, 401(b), 82 Stat. 789; Nov.
18, 1971, Pub. L. 92-157, title I, 102(k)(1), (2)(A), 85 Stat. 437,
related to applications for grants for construction of health research
facilities, providing for time of filing, eligibility, recommendation
and approval and requirement of findings, conditional approval, and
matters considered, and was repealed by Pub. L. 94-484, title II,
201(a), Oct. 12, 1976, 90 Stat. 2246.
1988 -- Pub. L. 100-607, 629(b)(2), substituted ''osteopathic
medicine'' for ''osteopathy''.
Pub. L. 100-607, 628(3), substituted ''podiatric medicine'' for
''podiatry''.
Pub. L. 100-607, 620(c), inserted '', or graduate program in
clinical psychology,'' after ''allied health personnel'' and substituted
''school, training center, or graduate program'' for ''school or
training center''.
1974 -- Pub. L. 93-348 inserted provision respecting application of
sex discrimination prohibition to a medical school benefiting from a
grant, contract, loan guarantee, or interest subsidy for a fiscal year
beginning after June 30, 1979, and in the process of changing its status
as an institution admitting only female students to that of an
institution admitting students without regard to their sex.
1971 -- Pub. L. 92-157 substituted provisions prohibiting
discrimination on basis of sex for provisions respecting submission,
prior to July 1, 1971, of a licensure report identifying major problems
associated with licensure, certification, and other qualifications for
practice or employment of health personnel, including recommendations
for steps to be taken toward solution of problems.
42 USC 292e. Records and audits
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Establishment and maintenance of records; regulation; contents
Each entity which receives a grant, loan, loan guarantee, or interest
subsidy or which enters into a contract with the Secretary under this
subchapter, shall establish and maintain such records as the Secretary
shall by regulation or order require.
(b) Annual financial audits; report to Secretary
Each entity which received a grant or entered into a contract under
this subchapter shall provide for a biennial financial audit of any
books, accounts, financial records, files, and other papers and property
which relate to the disposition or use of the funds received under such
grant or contract and such other funds received by or allocated to the
project or undertaking for which such grant or contract was made. For
purposes of assuring accurate, current, and complete disclosure of the
disposition or use of the funds received, each such audit shall be
conducted in accordance with such requirements concerning the individual
or agency which conducts the audit, and such standards applicable to the
performance of the audit, as the Secretary may by regulation provide. A
report of each such audit shall be filed with the Secretary at such time
and in such manner as he may require.
(c) Form and manner of establishment and maintenance of records
The Secretary may specify, by regulation, the form and manner in
which such records, required by subsection (a) of this section, shall be
established and maintained.
(d) Exception
A student recipient of a scholarship, traineeship, loan, or loan
guarantee under this subchapter shall not be required to establish or
maintain the records required under subsection (a) of this section or
provide for an audit required under subsection (b) of this section.
(e) Availability of records
(1) Each entity which is required to establish and maintain records
or to provide for an audit under this section shall make such books,
documents, papers, and records available to the Secretary or the
Comptroller General of the United States, or any of their duly
authorized representatives, for examination, copying, or mechanical
reproduction on or off the premises of such entity upon a reasonable
request therefor.
(2) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have the
authority to carry out the purposes of this subsection.
(July 1, 1944, ch. 373, title VII, 705, as added Oct. 12, 1976, Pub.
L. 94-484, title II, 204, 90 Stat. 2248, and amended Nov. 9, 1978, Pub.
L. 95-623, 11(f), 92 Stat. 3456; Aug. 13, 1981, Pub. L. 97-35, title
XXVII, 2718, 95 Stat. 914.)
A prior section 292e, act July 1, 1944, ch. 373, title VII, 706, as
added July 30, 1956, 779, 2, 70 Stat. 719, and amended Oct. 5, 1961,
Pub. L. 87-395, 8(c), (d), 75 Stat. 827; Sept. 24, 1963, Pub. L.
88-129, 2(a), 77 Stat. 164; Aug. 16, 1968, Pub. L. 90-490, title
IV, 402, 82 Stat. 789; Nov. 18, 1971, Pub. L. 92-157, title I,
102(k)(2)(A), (B), 85 Stat. 437, limited amount of grant available for
construction of health research facilities, including provisions
relating to its maximum, reservation of amount, manner of payment, and
exclusion of amounts granted by certain other funds, and was repealed by
Pub. L. 94-484, title II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
1981 -- Subsec. (a). Pub. L. 97-35 struck out provisions relating to
contents of records required to be maintained.
1978 -- Subsec. (a). Pub. L. 95-623, 11(f)(1), designated
provisions of second sentence as cls. (A) to (D), and in revising them
substituted in cl. (A) ''the amount and disposition by such entity of
the funds paid to it under such grant, loan, loan guarantee, interest
subsidy, or contract'' for ''the amount and disposition of the total
amount of funds received by such entity'', in cl. (B) ''the total cost
of the project or undertaking for which such grant, loan, loan
guarantee, interest subsidy, or contract is made'' for ''the total cost
of any project or undertaking for which funds were received'', and in
cl. (C) ''the amount of that portion of the cost of the project or
undertaking received by or allocated to such entity from other sources''
for ''the total amount of that portion of the total cost of any project
or undertaking received by or allocated to such entity from other
sources'' and reenacted as cl. (D) identical existing provision.
Subsec. (b). Pub. L. 95-623, 11(f)(2), substituted requirements
that: the entity provide for a biennial financial audit relating to the
disposition or use of the funds received under the grant or contract and
other funds received or allocated to the project or undertaking for
which the grant or contract was made; the audit be conducted in
accordance with such requirements concerning the individual or agency
which conducts the audit, and such standards applicable to the
performance of the audit, as the Secretary may by regulation provide for
prior requirements that: the entity have an annual financial audit
relating to the disposition or use of any funds received under the grant
or contract and other funds received by or allocated to any project or
undertaking for which funds received under the chapter were used, and
other funds received under the chapter; the entity be responsible for
providing and paying for the audit; and the audit be conducted by and
certified to be accurate by an independent certified public accountant
utilizing generally accepted auditing standards.
42 USC 292f. Contracts
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
Contracts authorized by this subchapter may be entered into without
regard to section 3324(a) and (b) of title 31 and section 5 of title 41.
(July 1, 1944, ch. 373, title VII, 706, as added Oct. 12, 1976, Pub.
L. 94-484, title II, 204, 90 Stat. 2249.)
''Section 3324(a) and (b) of title 31'' substituted in text for
reference to section 3648 of the Revised Statutes (31 U.S.C. 529) on
authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and Finance.
A prior section 292f, act July 1, 1944, ch. 373, title VII, 707, as
added July 30, 1956, ch. 779, 2, 70 Stat. 720, and amended Oct. 5,
1961, Pub. L. 87-395, 8(d), 75 Stat. 827; Sept. 24, 1963, Pub. L.
88-129, 2(a), 77 Stat. 164; Nov. 18, 1971, Pub. L. 92-157, title I,
102(k)(2)(A), 85 Stat. 437, provided for recapture of payments relating
to grants for construction of health research facilities, and was
repealed by Pub. L. 94-484, title II, 201(a), Oct. 12, 1976, 90 Stat.
2246.
A prior section 706 of act July 1, 1944, which was classified to
section 230 of this title, was repealed by act Apr. 27, 1956, ch. 211,
5(e), 70 Stat. 117.
42 USC 292g. Delegation of authority
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
The Secretary may delegate the authority to administer any program
authorized by this subchapter to the administrator of a central or
regional office or offices of the Department, except that the authority
--
(1) to review and prepare comments on any application for a grant or
contract under any such program (including any application for a
continuation of such a grant or contract or for modification of such a
contract) for purposes of presenting such application to the National
Advisory Council on Health Professions Education, and
(2) to make such a grant, enter into such a contract, continue such a
grant or contract, or modify such a contract,
shall not be delegated to any administrator of, or officer in, a
regional office or offices of the Department.
(July 1, 1944, ch. 373, title VII, 707, as added Oct. 12, 1976, Pub.
L. 94-484, title II, 205, 90 Stat. 2249, and amended Aug. 1, 1977, Pub.
L. 95-83, title III, 307(r), 91 Stat. 395.)
A prior section 292g, act July 1, 1944, ch. 373, title VII, 708, as
added July 30, 1956, ch. 779, 2, 70 Stat. 720, and amended Oct. 5,
1961, Pub. L. 87-395, 8(d), 75 Stat. 827; Sept. 24, 1963, Pub. L.
88-129, 2(a), 77 Stat. 164, prohibited Federal interference with
administration of institutions where grants were made for construction
of health research facilities, and was repealed by Pub. L. 94-484,
title II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
1977 -- Pub. L. 95-83, in item (1), struck out the comma after
''review'' and ''the merit of,'' before ''any application'' and inserted
''(including any application for a continuation of such a grant or
contract or for modification of such a contract)'' after ''program'';
and, in item (2), substituted '', enter into such a contract, continue
such a grant or contract, or modify such a contract'' for ''or enter
into such a contract''.
42 USC 292h. Health professions data
TITLE 42 -- THE PUBLIC HEALTH AND WELFARE
(a) Uniform reporting system; scope of information
The Secretary shall establish a program, including a uniform health
professions data reporting system, to collect, compile, and analyze data
on health professions personnel which program shall initially include
data respecting all physicians and dentists in the States. The
Secretary is authorized to expand the program to include, whenever he
determines it necessary, the collection, compilation, and analysis of
data respecting pharmacists, optometrists, podiatrists, veterinarians,
public health personnel, audiologists, speech pathologists, health care
administration personnel, nurses, allied health personnel, medical
technologists, chiropractors, clinical psychologists, and any other
health personnel in States designated by the Secretary to be included in
the program. Such data shall include data respecting the training,
licensure status (including permanent, temporary, partial, limited, or
institutional), place or places of practice, professional specialty,
practice characteristics, place and date of birth, sex, and
socio-economic background of health professions personnel and such other
demographic information regarding health professions personnel as the
Secretary may require.
(b) Sources of information; studies; minority groups; grant and
contract authority; amount and scope; application: submission and
contents
(1) In carrying out subsection (a) of this section, the Secretary
shall collect available information from appropriate local, State, and
Federal agencies and other appropriate sources.
(2) The Secretary shall conduct or enter into contracts for the
conduct of analytic and descriptive studies of the health professions,
including evaluations and projections of the supply of, and requirements
for, the health professions by specialty and geographic location. Such
studies shall include studies determining by specialty and geographic
location the number of health professionals (including allied health
professionals and health care administration personnel) who are members
of minority groups, including Hispanics, and studies providing by
specialty and geographic location evaluations and projections of the
supply of, and requirements for, health professionals (including allied
health professionals and health care administration personnel) to serve
minority groups, including Hispanics.
(3) The Secretary is authorized to make grants and to enter into
contracts with States (or an appropriate nonprofit private entity in any
State) for the purpose of participating in the program established under
subsection (a) of this section. The Secretary shall determine the
amount and scope of any such grant or contract. To be eligible for a
grant or contract under this paragraph a State or entity shall submit an
application in such form and manner and containing such information as
the Secretary shall require. Such application shall include reasonable
assurances, satisfactory to the Secretary, that --
(A) such State (or nonprofit entity within a State) will establish a
program of mandatory annual registration of the health professions
personnel described in subsection (a) of this section who reside or
practice in such State and of health institutions licensed by such
State, which registration shall include such information as the
Secretary shall determine to be appropriate;
(B) such State or entity shall collect such information and report it
to the Secretary in such form and manner as the Secretary shall
prescribe; and
(C) such State or entity shall comply with the requirements of
subsection (e) of this section.
(c) Repealed. Pub. L. 99-129, title II, 220(b), 99 Stat. 543
(d) Report to Congress
The Secretary shall submit to Congress on October 1, 1983, and
biennially thereafter, the following reports:
(1) A comprehensive report regarding the status of health personnel
according to profession, including a report regarding the analytic and
descriptive studies conducted under this section.
(2) A comprehensive report regarding applicants to, and students
enrolled in, programs and institutions for the training of health
personnel, including descriptions and analyses of student indebtedness,
student need for financial assistance, financial resources to meet the
needs of students, student career choices such as practice specialty and
geographic location and the relationship, if any, between student
indebtedness and career choices.
(e) Personal data; consent for transfer; disclosure; program
entity
(1) The Secretary and each program entity shall in securing and
maintaining any record of individually identifiable personal data
(hereinafter in this subsection referred to as ''personal data'') for
purposes of this section --
(A) inform any individual who is asked to supply personal data
whether he is legally required, or may refuse, to supply such data and
inform him of any specific consequences, known to the Secretary or
program entity, as the case may be, of providing or not providing such
data;
(B) upon request, inform any individual if he is the subject of
personal data secured or maintained by the Secretary or program entity,
as the case may be, and make the data available to him in a form
comprehensible to him;
(C) assure that no use is made of personal data which use is not
within the purposes of this section unless an informed consent has been
obtained from the individual who is the subject of such data; and
(D) upon request, inform any individual of the use being made of
personal data respecting such individual and of the identity of the
individuals and entities which will use the data and their relationship
to the programs under this section.
(2) Any entity which maintains a record of personal data and which
receives a request from the Secretary or a program entity for such data
for purposes of this section shall not transfer any such data to the
Secretary or to a program entity unless the individual whose personal
data is to be so transferred gives an informed consent for such
transfer.
(3)(A) Notwithstanding any other provision of law, personal data
collected by the Secretary or any program entity under this section may
not be made available or disclosed by the Secretary or any program
entity to any person other than the individual who is the subject of
such data unless (i) such person requires such data for purposes of this
section, or (ii) in response to a demand for such data made by means of
compulsory legal process. Any individual who is the subject of personal
data made available or disclosed under clause (ii) shall be notified of
the demand for such data.
(B) Subject to all applicable laws regarding confidentiality, only
the data collected by the Secretary under this section which is not
personal data shall be made available to bona fide researchers and
policy analysts (including the Congress) for the purposes of assisting
in the conduct of studies respecting health professions personnel.
(4) For purposes of this subsection, the term ''program entity''
means any public or private entity which collects, compiles, or analyzes
health professions data under a grant, contract, or other arrangement
with the Secretary under this section.
(f) Repealed. Pub. L. 96-511, 4(c), Dec. 11, 1980, 94 Stat. 2826
(g) Technical assistance
The Secretary shall provide technical assistance to the States and
political subdivisions thereof in the development of systems (including
model laws) concerning confidentiality and comparability of data
collected pursuant to this section.
(h) Allied health professions data reporting system
(1) In carrying out subsection (a) of this section, the Secretary may
make grants, or enter into contracts and cooperative agreements with,
and provide technical assistance to, any nonprofit entity in order to
establish a uniform allied health professions data reporting system to
collect, compile, and analyze data on the allied health professions
personnel.
(2) With respect to reports required in subsection (d) of this
section, each such report made on or after October 1, 1991, shall
include a description and analysis of data collected pursuant to
paragraph (1).
(July 1, 1944, ch. 373, title VII, 708, as added Oct. 12, 1976, Pub.
L. 94-484, title II, 206, 90 Stat. 2250, and amended Aug. 1, 1977, Pub.
L. 95-83, title III, 307(a), 91 Stat. 389; Nov. 9, 1978, Pub. L.
95-623, 12(a), 92 Stat. 3457; Dec. 11, 1980, Pub. L. 96-511, 4(c), 94
Stat. 2826; Aug. 13, 1981, Pub. L. 97-35, title XXVII, 2719, 95 Stat.
914; Oct. 22, 1985, Pub. L. 99-129, title II, 220(b), 99 Stat. 543;
Nov. 4, 1988, Pub. L. 100-607, title VI, 616(c)(1), 626, 102 Stat.
3139, 3144; Nov. 18, 1988, Pub. L. 100-690, title II, 2615(a), 102
Stat. 4239; Aug. 16, 1989, Pub. L. 101-93, 5(m), 103 Stat. 613.)
A prior section 292h, act July 1, 1944, ch. 373, title VII, 709, as
added July 30, 1956, ch. 779, 2, 70 Stat. 720, and amended Sept. 24,
1963, Pub. L. 88-129, 2(a), 77 Stat. 164; Nov. 18, 1971, Pub. L.
92-157, title I, 102(k)(2)(C), 85 Stat. 437, provided for issuance of
general, administrative, and other regulations for implementation of
grants for construction of health research facilities, and was repealed
by Pub. L. 94-484, title II, 201(a), Oct. 12, 1976, 90 Stat. 2246.
1989 -- Subsec. (h)(2). Pub. L. 101-93 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''In the first report
under subsection (d) of this section made 2 years after November 4,
1988, and in each biennial report thereafter, the Secretary shall
include a description and analysis of data collected pursuant to
paragraph (1).''
1988 -- Subsec. (b)(2). Pub. L. 100-607, 616(c)(1), inserted
provisions which required studies determining number of health
professionals who are members of minority groups, including Hispanics,
and projections of supply of, and requirements for, health professionals
to serve minority groups, including Hispanics.
Subsec. (h). Pub. L. 100-607, 626, added subsec. (h).
Subsec. (h)(2). Pub. L. 100-690 substituted ''shall include'' for
''include''.
1985 -- Subsec. (c). Pub. L. 99-129 struck out subsec. (c) which
required schools, programs, and training centers receiving funds under
this subchapter or subchapter VI of this chapter to submit an annual
report to the Secretary.
1981 -- Subsec. (a). Pub. L. 97-35, 2719(a), inserted references to
chiropractors and clinical psychologists.
Subsec. (c). Pub. L. 97-35, 2719(b), substituted provision requiring
that any school, program, or training center receiving funds under this
subchapter or subchapter VI of this chapter submit an annual report to
the Secretary for provision requiring that any school receiving
financial assistance under section 295f of this title submit an annual
report to the Secretary and inserted provision restricting the
information required to information that is readily available.
Subsec. (d). Pub. L. 97-35, 2719(b), substituted provisions
respecting reports by the Secretary to Congress, for provisions
respecting reports by the Secretary to the President and Congress.
1980 -- Subsec. (f). Pub. L. 96-511 struck out subsec. (f) which
declared the Secretary not to be subject to chapter 35 of title 44 in
carrying out his responsibilities as to health professions data.
1978 -- Subsec. (d). Pub. L. 95-623 substituted requirement of a
biennial report, including a first report due no later than Oct. 1,
1979, for prior requirement of an annual report no later than Sept. 1
of each year.
1977 -- Subsec. (a). Pub. L. 95-83, 307(a)(1), inserted ''program''
before ''shall initially'' and substituted ''States'' for ''United
States and its territories and possessions'' in first sentence,.
Subsec. (e)(1)(C). Pub. L. 95-83, 307(a)(2), inserted ''use'' after
''personal data which''.
Amendment by Pub. L. 100-690 effective immediately after enactment
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600
of Pub. L. 100-690, set out as a note under section 242m of this title.
Section 616(c)(2) of Pub. L. 100-607 provided that:
''(A) The Secretary of Health and Human Services shall conduct a
study for the purpose of determining --
''(i)(I) the extent to which health care is being provided to
Hispanic individuals in medically underserved areas by health care
professionals who are unable to communicate with such individuals in the
most appropriate language and cultural context; and
''(II) whether the extent of the provision of health care to Hispanic
individuals by such health care professionals is detrimental to the
health of such individuals; and
''(ii)(I) the extent to which Hispanic individuals in medically
underserved areas rely on allied health personnel as the primary source
of health care;
''(II) whether the extent of such reliance is detrimental to the
health of such individuals; and
''(III) if the extent of such reliance is detrimental to such
individuals, whether area health education center programs (as defined
in section 781(g), as redesignated by section 608(c)(1) of this Act
(section 295g-1(g) of this title)) can be utilized with respect to
providing appropriate health care to such individuals.
''(B) The Secretary of Health and Human Services shall, not later
than 1 year after the date of the enactment of this Act (Nov. 4, 1988),
complete the study required in subparagraph (A) and submit to the
Congress a report describing the findings made as a result of the
study.''
Congress
Section 639 of Pub. L. 100-607, as amended by Pub. L. 100-690,
title II, 2603(c), Nov. 18, 1988, 102 Stat. 4234, which requested
submission of assessment of greatest manpower shortages by discipline of
health care providers and by allopathic and osteopathic specialty in
each State, District, Commonwealth, or Territory, was repealed by Pub.
L. 101-527, 11, Nov. 6, 1990, 104 Stat. 2334.
Section 221 of Pub. L. 99-129 provided that: ''By October 1, 1986,
the Secretary of Health and Human Services shall prepare and transmit to
the Congress a report which contains --
''(1) an analysis of any financial disincentive to graduates of
health professions schools which affects the specialty of practice
chosen by such graduates or the decision of such graduates to practice
their profession in an area which lacks an adequate number of health
care professionals; and
''(2) recommendations for legislation and administrative action to
correct any disincentives which are identified pursuant to clause (1)
and which are contrary to the achievement of national health goals,
including recommendations concerning the appropriateness of providing
financial assistance to mitigate such disincentives.''
Section 223 of Pub. L. 99-129 provided that:
''(a)(1) The Secretary of Health and Human Services shall arrange for
the conduct of a study concerning the role of allied health personnel in
health care delivery. The Secretary shall request the National Academy
of Sciences to conduct the study under an arrangement under which the
actual expenses incurred by the Academy in conducting such study will be
paid by the Secretary and the Academy will prepare the report required
by subsection (c). If the National Academy of Sciences is willing to do
so, the Secretary shall enter into such an arrangement with the Academy
for the conduct of the study.
''(2) If the National Academy of Sciences is unwilling to conduct the
study required by paragraph (1) under the type of arrangement described
in such paragraph, the Secretary shall enter into a similar arrangement
with one or more appropriate nonprofit private entities.
''(b) The study required by subsection (a) shall --
''(1) assess the role of allied health personnel in health care
delivery;
''(2) identify projected needs, availability, and requirements of
various types of health care delivery systems for each type of allied
health personnel;
''(3) investigate current practices under which each type of allied
health personnel obtain licenses, credentials, and accreditation;
''(4) assess changes in programs and curricula for the education of
allied personnel and in the delivery of services by such personnel which
are necessary to meet the needs and requirements identified pursuant to
paragraph (2); and
''(5) assess the role of the Federal, State, and local governments,
educational institutions, and health care facilities in meeting the
needs and requirements identified pursuant to paragraph (2).
''(c) By October 1, 1987, the Secretary of Health and Human Services
shall transmit to the Committee on Labor and Human Resources of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, and make available to the public, a report --
''(1) describing the study conducted under this section;
''(2) containing a statement of the data obtained under such study;
and
''(3) specifying such recommendations for legislation and
administrative action as the Secretary considers appropriate.''
Section 224 of Pub. L. 99-129 provided that:
''(a) The Secretary of Health and Human Services shall conduct or
enter into contracts for the conduct of analytic and descriptive studies
of chiropractors, clinical psychologists, veterinarians, optometrists,
pharmacists, podiatrists, public health professionals, and health
administrators. The studies shall include evaluations and projections
of the supply of, and requirements for, each such profession by
specialty and geographic location. The Secretary shall include in the
report submitted on October 1, 1987, under section 708(d)(1) of the
Public Health Service Act (subsec. (d)(1) of this section) the results
of the studies conducted under this subsection.
''(b) The authority of the Secretary of Health and Human Services to
enter into contracts under subsection (a) shall be effective for any
fiscal year only to the extent or in such amounts as are provided in
advance by appropriation Acts.''
Section 2747 of Pub. L. 97-35 provided that:
''(a) The Secretary of Health and Human Services shall arrange, in
accordance with subsection (c), for a study to determine --
''(1) the implications of the increase in the supply of physicians
and the projected distribution of the increased number of physicians in
the various medical specialties for --
''(A) the cost of health care,
''(B) the distribution of all physicians by geographic area, and
''(C) the quality of health care; and
''(2) the implications of the patterns of payments of physicians by
Federal and other public and private third-party payers (including
differences in the levels of payments to physicians in various medical
specialties and geographic areas and differences in the amount of
payments which support post-graduate training programs in such
specialties) for --
''(A) the distribution of physicians in the various medical
specialties,
''(B) the cost of health care,
''(C) the distribution of physicians by geographic area, and
''(D) the quality of health care.
''(b) An interim report on such study shall be completed not later
than March 30, 1983. Such interim report shall include an analysis of
the most effective means of providing financial assistance to graduate
medical education in the United States in general internal medicine,
general pediatrics, and family medicine, with particular attention to
identifying ways of reducing or eliminating the need for special Federal
financial assistance for such programs. A final report of such study
shall be completed not later than September 30, 1984. Both reports
shall be submitted to the Secretary, the Committee on Labor and Human
Resources of the Senate, and the Committee on Energy and Commerce of the
House of Representatives.
''(c)(1) The Secretary shall enter into a contract with the Institute
of Medicine of the National Academy of Sciences to conduct the study
described in subsection (a). If the Institute of Medicine is unwilling
to enter into a contract to conduct such study, then the Secretary shall
enter into a contract with another appropriate nonprofit private entity
to conduct such study and prepare and submit the reports thereon as
provided in subsection (b).
''(2) The authority of the Secretary to enter into a contract under
paragraph (1) shall be effective for any fiscal year only to such extent
or in such amounts as are provided in advance by appropriation Acts.''
Section 903 of Pub. L. 94-484, as amended by Pub. L. 95-623,
12(i)(2), Nov. 9, 1978, 92 Stat. 3457, provided that the Secretary of
Health, Education, and Welfare, arrange for a study to determine the
national average annual per student educational cost for a degree of
doctor of chiropractics, development methodologies for ascertaining the
average annual cost of chiropractic education and the factors affecting
variations in cost among schools, determine the current demand and
supply of chiropractic services, and include an analysis of the current
costs of chiropractic services, with an interim report submitted not
later than Mar. 30, 1978, and a final report not later than Apr. 1,
1979, to the Secretary, and specific Committees of the Senate and House
of Representatives.
Section 904 of Pub. L. 94-484 provided that the Secretary of Health,
Education, and Welfare conduct studies of the adequacy of the efforts of
health professions schools to provide training in clinical facilities
which serve populations of limited English-speaking ability and studies
to determine the effectiveness of health training institution admissions
examinations in evaluating the ability and potential of limited
English-speaking applicants and submit a report on such studies by Oct.
12, 1977.