TITLE 42—THE PUBLIC HEALTH AND WELFARE

Chap.
Sec.
1.
The Public Health Service [Repealed or Omitted, See Chapter 6A]
1
1A.
The Public Health Service; Supplemental Provisions [Transferred or Omitted]
71
2.
Sanitation and Quarantine
81
3.
Leprosy [Repealed]
121
3A.
Cancer [Repealed]
137
4.
Viruses, Serums, Toxins, Antitoxins, etc. [Repealed]
141
5.
Maternity and Infancy Welfare and Hygiene [Repealed]
161
6.
The Children's Bureau
191
6A.
Public Health Service
201
7.
Social Security
301
7A.
Temporary Unemployment Compensation Program [Omitted]
1400
8.
Low-Income Housing
1401
8A.
Slum Clearance, Urban Renewal, and Farm Housing
1441
8B.
Public Works or Facilities [Omitted]
1491
8C.
Open-Space Land [Omitted or Repealed]
1500
9.
Housing of Persons Engaged in National Defense
1501
10.
Federal Security Agency [Transferred or Omitted]
1601
11.
Compensation for Disability or Death to Persons Employed at Military, Air, and Naval Bases Outside United States
1651
12.
Compensation for Injury, Death, or Detention of Employees of Contractors with United States Outside United States
1701
13.
School Lunch Programs
1751
13A.
Child Nutrition
1771
14.
Development and Control of Atomic Energy [Transferred to Chapter 23]
1801
15.
Disaster Relief [Repealed]
1851
15A.
Reciprocal Fire Protection Agreements
1856
15B.
Air Pollution Control [Transferred or Repealed]
1857
16.
National Science Foundation
1861
16A.
Grants for Support of Scientific Research [Repealed]
1891
16B.
Contracts for Scientific and Technological Research
1900
17.
Federal Employment Service [Transferred]
1901
18.
Youth Medals
1921
19.
Saline and Salt Waters [Repealed, Omitted, or Transferred]
1951
19A.
Water Resources Research Program [Repealed]
1961
19B.
Water Resources Planning
1962
20.
Elective Franchise
1971
20A.
Civil Rights Commission
1975
21.
Civil Rights
1981
21A.
Privacy Protection
2000aa
21B.
Religious Freedom Restoration
2000bb
21C.
Protection of Religious Exercise in Land Use and by Institutionalized Persons
2000cc
22.
Indian Hospitals and Health Facilities
2001
23.
Development and Control of Atomic Energy
2011
24.
Disposal of Atomic Energy Communities
2301
25.
Federal Flood Insurance
2401
26.
National Space Program
2451
26A.
National Space Grant College and Fellowship Program
2486
26B.
Biomedical Research in Space
2487
27.
Loan Service of Captioned Films and Educational Media for Handicapped
2491
28.
Area Redevelopment Program [Omitted or Repealed]
2501
29.
Juvenile Delinquency and Youth Offenses Control [Omitted]
2541
30.
Manpower Development and Training Program [Repealed]
2571
31.
Public Works Acceleration Program
2641
32.
Third Party Liability for Hospital and Medical Care
2651
33.
Community Mental Health Centers [Omitted, Transferred, or Repealed]
2661
34.
Economic Opportunity Program
2701
35.
Programs for Older Americans
3001
35A.
Community Service Employment for Older Americans [Repealed]
3061
36.
Compensation of Condemnees in Development Programs [Repealed]
3071
37.
Community Facilities and Advance Land Acquisition
3101
38.
Public Works and Economic Development
3121
39.
Solid Waste Disposal [Omitted or Repealed, See Chapter 82]
3251
40.
Soil Information Assistance for Community Planning and Resource Development
3271
41.
Demonstration Cities and Metropolitan Development Program
3301
42.
Narcotic Addict Rehabilitation
3401
43.
Department of Health and Human Services
3501
44.
Department of Housing and Urban Development
3531
45.
Fair Housing
3601
46.
Justice System Improvement
3701
47.
Juvenile Delinquency Prevention and Control [Omitted or Repealed]
3801
48.
Guarantees for Financing New Community Land Development [Repealed or Omitted]
3901
49.
National Housing Partnerships
3931
50.
National Flood Insurance
4001
51.
Design and Construction of Public Buildings To Accommodate Physically Handicapped
4151
52.
Intergovernmental Cooperation [Repealed, See Chapter 65 of Title 31]
4201
52A.
Joint Funding Simplification [Repealed]
4251
53.
Advisory Commission on Intergovernmental Relations
4271
54.
Cabinet Committee on Opportunities for Spanish-Speaking People [Omitted]
4301
55.
National Environmental Policy
4321
56.
Environmental Quality Improvement
4371
57.
Environmental Pollution Study
4391
58.
Disaster Relief [Repealed or Transferred]
4401
59.
National Urban Policy and New Community Development
4501
60.
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program
4551
61.
Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs
4601
62.
Intergovernmental Personnel Program
4701
63.
Lead-Based Paint Poisoning Prevention
4801
63A.
Residential Lead-Based Paint Hazard Reduction
4851
64.
Public Service Employment Programs [Omitted]
4871
65.
Noise Control
4901
66.
Domestic Volunteer Services
4951
67.
Child Abuse Prevention and Treatment and Adoption Reform
5101
68.
Disaster Relief
5121
69.
Community Development
5301
70.
Manufactured Home Construction and Safety Standards
5401
71.
Solar Energy
5501
72.
Juvenile Justice and Delinquency Prevention
5601
73.
Development of Energy Sources
5801
74.
Nonnuclear Energy Research and Development
5901
75.
Programs for Individuals With Developmental Disabilities [Repealed]
6000
76.
Age Discrimination in Federally Assisted Programs
6101
77.
Energy Conservation
6201
78.
National Petroleum Reserve in Alaska
6501
79.
Science and Technology Policy, Organization and Priorities
6601
80.
Public Works Employment
6701
81.
Energy Conservation and Resource Renewal
6801
82.
Solid Waste Disposal
6901
83.
Energy Extension Service
7001
84.
Department of Energy
7101
85.
Air Pollution Prevention and Control
7401
86.
Earthquake Hazards Reduction
7701
87.
Water Research and Development [Repealed or Transferred]
7801
88.
Uranium Mill Tailings Radiation Control
7901
89.
Congregate Housing Services
8001
90.
Neighborhood and City Reinvestment, Self-Help and Revitalization
8101
91.
National Energy Conservation Policy
8201
92.
Powerplant and Industrial Fuel Use
8301
93.
Emergency Energy Conservation
8501
94.
Low-Income Energy Assistance
8601
95.
United States Synthetic Fuels Corporation [Omitted]
8701
96.
Biomass Energy and Alcohol Fuels
8801
97.
Acid Precipitation Program and Carbon Dioxide Study
8901
98.
Ocean Thermal Energy Conversion Research and Development
9001
99.
Ocean Thermal Energy Conversion
9101
100.
Wind Energy Systems
9201
101.
Magnetic Fusion Energy Engineering
9301
102.
Mental Health Systems
9401
103.
Comprehensive Environmental Response, Compensation, and Liability
9601
104.
Nuclear Safety Research, Development, and Demonstration
9701
105.
Community Services Programs
9801
106.
Community Services Block Grant Program
9901
107.
Consumer-Patient Radiation Health and Safety
10001
108.
Nuclear Waste Policy
10101
109.
Water Resources Research
10301
109A.
Membrane Processes Research
10341
110.
Family Violence Prevention and Services
10401
111.
Emergency Federal Law Enforcement Assistance
10501
112.
Victim Compensation and Assistance
10601
113.
State Justice Institute
10701
114.
Protection and Advocacy for Mentally Ill Individuals
10801
115.
Child Development Associate Scholarship Assistance Program
10901
116.
Emergency Planning and Community Right-To-Know
11001
117.
Encouraging Good Faith Professional Review Activities
11101
118.
Alzheimer's Disease and Related Dementias Research
11201
119.
Homeless Assistance
11301
120.
Enterprise Zone Development
11501
121.
International Child Abduction Remedies
11601
122.
Native Hawaiian Health Care
11701
123.
Drug Abuse Education and Prevention
11801
124.
Public Housing Drug Elimination
11901
125.
Renewable Energy and Energy Efficiency Technology Competitiveness
12001
126.
Equal Opportunity for Individuals With Disabilities
12101
127.
Coordinated Services for Children, Youth, and Families
12301
128.
Hydrogen Research, Development, and Demonstration Program
12401
129.
National and Community Service
12501
130.
National Affordable Housing
12701
131.
Housing Opportunities for Persons With AIDS
12901
132.
Victims of Child Abuse
13001
133.
Pollution Prevention
13101
134.
Energy Policy
13201
135.
Residency and Service Requirements in Federally Assisted Housing
13601
136.
Violent Crime Control and Law Enforcement
13701
137.
Management of Rechargeable Batteries and Batteries Containing Mercury
14301
138.
Assisted Suicide Funding Restriction
14401
139.
Volunteer Protection
14501
140.
Criminal Justice Identification, Information, and Communication
14601
140A.
Jennifer's Law
14664
141.
Commercial Space Opportunities and Transportation Services
14701
142.
Poison Control Center Enhancement and Awareness
14801
143.
Intercountry Adoptions
14901
144.
Developmental Disabilities Assistance and Bill of Rights
15001
145.
Public Safety Officer Medal of Valor
15201

        

CHAPTER 1—THE PUBLIC HEALTH SERVICE

SUBCHAPTER I—GENERALLY

Sec.
1 to 25e.
Repealed or Omitted.
26.
Isolation of civilians for protection of military, air and naval forces.
27.
Definitions.
28 to 46.
Repealed or Omitted.

        

SUBCHAPTER II—PAY

61 to 70a.
Omitted or Repealed.

        

SUBCHAPTER I—GENERALLY

§§1 to 1j. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 1, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See section 202 of this title.

Section 1a, act Nov. 11, 1943, ch. 298, §1, 57 Stat. 587, provided for organization and function of Public Health Service. See section 203 of this title.

Section 1b, act Nov. 11, 1943, ch. 298, §2, 57 Stat. 587, provided for appointment of Assistant Surgeons General, their grade, pay, and allowances. See sections 206, 207, and 210 of this title.

Section 1c, act Nov. 11, 1943, ch. 298, §3, 57 Stat. 587, provided for chiefs of divisions, their grade, pay and allowances, and creation of a Dental Division and a Sanitary Engineering Division. See sections 206, 207, and 210 of this title.

Section 1d, act Nov. 11, 1943, ch. 298, §4, 57 Stat. 587, provided for temporary promotions in regular corps in time of war. See section 211 of this title.

Section 1e, act Nov. 11, 1943, ch. 298, §5, 58 Stat. 588, provided for review of record of officers above grade of assistant surgeon and their separation from service. See section 211 of this title.

Section 1f, act Nov. 11, 1943, ch. 298, §6, 58 Stat. 588, provided for an acting Surgeon General during absence of Surgeon General and Assistant to Surgeon General. See section 206 of this title.

Section 1g, act Nov. 11, 1943, ch. 298, §7, 57 Stat. 588, provided for death and disability benefits of commissioned officers during war and for transfer of Service to military forces. See sections 213 and 217 of this title.

Section 1h, act Nov. 11, 1943, ch. 298, §8, 57 Stat. 589, provided for commissioned officers’ benefits as civil officers and employees of United States and election of benefits. See Title 5, Government Organization and Employees.

Section 1i, act Nov. 11, 1943, ch. 298, §9, 57 Stat. 589, provided for beneficiaries’ benefits where commissioned officer lost his life on active duty between Dec. 7, 1941, and Nov. 11, 1943.

Section 1j, act Nov. 11, 1943, ch. 298, §11, 57 Stat. 589, provided for transfer of appropriations to continue transferred functions. See note set out under section 201 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294. §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§2. Omitted

Codification

Section, acts Feb. 3, 1905, ch. 297, 33 Stat. 650; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, eff. July 1, 1939, §201, 4 F.R. 2728, 53 Stat. 1424, which provided for jurisdiction of Federal Security Agency over the Service, was superseded by section 202 of this title.

Repeals

Act Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, which changed name of Public Health and Marine Hospital Service of the United States to Public Health Service was repealed by act July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714, renumbered by acts Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; July 30, 1956, ch. 779, §3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91–572, §6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(2); 87 Stat. 604, and repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936. Act July 1, 1944, retained the name Public Health Service.

§§3, 4. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 3, acts July 1, 1902, ch. 1370, §9, 32 Stat. 714; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for rules and regulations of service by the President. See section 216 of this title.

Section 4, R.S. §4802; acts July 1, 1902, ch. 1370, §9, 32 Stat. 714; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for an annual report by Surgeon General to Federal Security Administrator. See section 229 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b). Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§5. Omitted

Codification

Section, act Mar. 4, 1915, ch. 167, §4, 38 Stat. 1191, provided for appointment to higher grade of officers of Public Health Service detailed with the former Isthmian Canal Commission.

§§6 to 15a. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 6, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for care of sick and disabled seamen. See section 249 of this title.

Section 6a, act Mar. 31, 1936, ch. 161, 49 Stat. 1185, provided for care of seamen on Government vessels not in Military or Naval Establishments and of cadets on State school ships. See section 249 of this title.

Section 7, act Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for investigations by Service into diseases, etc., and publications relating thereto. See section 241 of this title.

Section 8, acts July 1, 1902, ch. 1370, §4, 32 Stat. 713; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for use of Service in time of war. See section 217 of this title.

Section 8a, act Apr. 9, 1930, ch. 125, §2(a), 46 Stat. 150, provided for extension of facilities of Service to health officials and scientists. See section 241 of this title.

Section 9, act Oct. 1, 1918, ch. 179, §2, 40 Stat. 1008, provided for suppression of Spanish influenza and other communicable diseases. See section 264 of this title.

Section 9a, act Apr. 9, 1930, ch. 125, §3, 46 Stat. 150, provided that administrative office and bureau divisions in District of Columbia be a part of departmental organization and scientific offices and research laboratories as part of field services. See section 203 of this title.

Section 10, acts Mar. 3, 1875, ch. 130, 18 Stat. 377; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for appointment of Surgeon General. See section 205 of this title.

Section 11, R.S. §4802; acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for supervisory powers of Surgeon General. See section 203 of this title.

Section 11a, act Apr. 9, 1930, ch. 125, §10(b), 46 Stat. 152, provided for pay and allowances of Surgeon General and for reversion in grade on expiration of term. See sections 205 and 207 of this title.

Section 11b, act Aug. 9, 1939, ch. 606, 53 Stat. 1266, provided for rank and pay of Assistant to Surgeon General. See sections 206 and 207 of this title.

Section 12, acts Jan. 4, 1889, ch. 19, §1, 25 Stat. 639; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for appointment of medical officers after examination. See section 209 of this title.

Section 13, act Jan. 4, 1889, ch. 19, §2, 25 Stat. 639, provided for original appointments as assistant surgeons and promotion of passed assistant surgeon. See sections 209 and 211 of this title.

Section 14, act Aug. 14, 1912, ch. 288, §2, 37 Stat. 309, provided for help as provided by Congress. See section 209 of this title.

Section 15, acts Mar. 3, 1891, ch. 541, 26 Stat. 923; July 31, 1894, ch. 174, 28 Stat. 179; July 1, 1902, ch. 1370, §1, 32 Stat. 712, provided for details for duty in bureau. See section 215 of this title.

Section 15a, acts Mar. 2, 1895, ch. 177, §1, 28 Stat. 780; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for detail of two hospital attendants for duty in laboratory. See section 215 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b). Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§16. Omitted

Codification

Section, which was from the Interior Department Appropriation Act, 1950, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 791, was not repeated in the General Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, 64 Stat. 595. It related to detail of Public Health medical officers to the Bureau of Mines. For provisions for details to executive departments, see section 215 of this title.

Similar provisions were contained in the following prior acts:

June 29, 1948, ch. 754, 62 Stat. 1139.

July 25, 1947, ch. 337, 61 Stat. 483.

July 1, 1946, ch. 529, 60 Stat. 375.

July 3, 1945, ch. 262, 59 Stat. 351.

June 28, 1944, ch. 298, 58 Stat. 499.

July 12, 1943, ch. 219, 57 Stat. 485.

July 2, 1942, ch. 473, 56 Stat. 548.

June 28, 1941, ch. 259, 55 Stat. 345.

June 18, 1940, ch. 395, 54 Stat. 444.

May 10, 1939, ch. 119, 53 Stat. 725.

May 9, 1938, ch. 187, 52 Stat. 330.

Aug. 9, 1937, ch. 570, 50 Stat. 602.

June 22, 1936, ch. 691, 49 Stat. 1791.

May 9, 1935, ch. 101, 49 Stat. 205.

Apr. 7, 1934, ch. 104, title III, 48 Stat. 564.

Mar. 1, 1933, ch. 144, title III, 47 Stat. 1406.

July 1, 1932, ch. 361, title III, 47 Stat. 516.

Feb. 23, 1931, ch. 280, title III, 46 Stat. 1349.

Apr. 18, 1930, ch. 184, title III, 46 Stat. 212.

Jan. 25, 1929, ch. 102, title III, 45 Stat. 1133.

Feb. 15, 1928, ch. 57, title III, 45 Stat. 103.

Feb. 24, 1927, ch. 189, title III, 44 Stat. 1219.

Apr. 29, 1926, ch. 195, title III, 44 Stat. 368.

Jan. 24, 1923, ch. 42, 42 Stat. 1210.

Mar. 4, 1921, ch. 161, 41 Stat. 1401.

June 5, 1920, ch. 235, 41 Stat. 911.

July 19, 1919, ch. 24, 41 Stat. 199.

July 1, 1918, ch. 113, 40 Stat. 671.

Repeals

Act July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714, as renumbered by acts Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; July 30, 1956, ch. 779, §3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91–572, §6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(2), 87 Stat. 604, and repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936, repealed portions of Appropriations Acts June 12, 1917, ch. 27, §1, 40 Stat. 146; May 24, 1922, ch. 199, 42 Stat. 588; Jan. 24, 1923, ch. 42, 42 Stat. 1210; June 5, 1924, ch. 264, 43 Stat. 422; Mar. 3, 1925, ch. 462, 43 Stat. 1175, which contained similar provisions to those of this section, but later appropriation acts containing such provisions were not repealed.

§§17 to 25e. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 17, act Oct. 1, 1918, ch. 178, 40 Stat. 992, provided for a detail for duty with Department of Agriculture. See section 215 of this title.

Section 17a, act Apr. 9, 1930, ch. 125, §1, 46 Stat. 150, provided for a detail for duty with executive and independent departments carrying on public health activities. See section 215 of this title.

Section 17b, act Apr. 9, 1930, ch. 125, §2(a), 46 Stat. 150, provided for a detail for duty with educational and research institutions. See section 215 of this title.

Section 17c, act Apr. 26, 1939, ch. 92, §1, 53 Stat. 620, provided for a detail for duty on vessels of Coast and Geodetic Survey. See section 215 of this title.

Section 18, act Oct. 27, 1918, ch. 196, 40 Stat. 1017, provided for a Reserve of the Public Health Service. See sections 204, 207, 209, and 210 of this title.

Section 18a, act Apr. 9, 1930, ch. 125, §6, 46 Stat. 151, provided for assignment of Reserve officers to active duty and for such service counting for promotion credits. See section 204 of this title.

Section 18b, act Mar. 18, 1943, ch. 17, title I, 57 Stat. 24, provided for distribution of Reserve officers among the several grades. See section 209 of this title.

Section 19, acts Feb. 19, 1897, ch. 265, 29 Stat. 554; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for leaves of absence for medical officers. See section 210–1 of this title.

Section 20, act July 9, 1917, ch. 37, 40 Stat. 242, provided for pensions to officers detailed for service with Coast Guard, Army, or Navy. See section 213 of this title.

Section 21, acts July 1, 1902, ch. 1370, §5, 32 Stat. 713; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; Apr. 9, 1930, ch. 125, §13, 46 Stat. 152; May 26, 1930, ch. 320, §1, 46 Stat. 379, provided for establishment of National Advisory Health Council as an advisory board for National Institute of Health. See section 218 of this title.

Section 21a, act Aug. 10, 1939, ch. 636, 53 Stat. 1338, provided for compensation of National Advisory Health Council. See section 210 of this title.

Section 22, acts July 1, 1902, ch. 1370, §6, 32 Stat. 713; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; May 26, 1930, ch. 320, §1, 46 Stat. 379, provided for appointment of chiefs of divisions and director of institute, and their pay and allowances. See sections 206 and 210 of this title.

Section 23, act Mar. 4, 1913, ch. 149, 37 Stat. 915, provided for pay of director of Hygienic Laboratory which is now known as the National Institute of Health. See section 210 of this title.

Section 23a, act May 26, 1930, ch. 320, §1, 46 Stat. 379, provided that Hygienic Laboratory should be succeeded by the National Institute of Health and that all laws, authorizations, and appropriations of Hygienic Laboratory should become applicable to its successor.

Section 23b, act May 26, 1930, ch. 320, §2, 46 Stat. 379, provided for acceptance of gifts by Federal Security Administrator. See section 219 of this title.

Section 23c, act May 26, 1930, ch. 320, §3, 46 Stat. 380, provided for detailing to duty of scientists receiving fellowships. See sections 209 and 241 of this title.

Section 23d, act May 26, 1930, ch. 320, §4, 46 Stat. 380, provided for appointment and compensation of personnel of the National Institute of Health. See section 209 of this title.

Section 23e, act May 26, 1930, ch. 320, §5, 46 Stat. 380, provided that facilities of the National Institute of Health be available to States, counties, and municipalities. See section 241 of this title.

Section 23f, act May 26, 1930, ch. 320, §6, 46 Stat. 380, provided for rank, pay, and allowances of Director of the Institute. See sections 206, 207, and 210 of this title.

Section 23g, acts Apr. 9, 1930, ch. 125, §2(b), 46 Stat. 150; May 26, 1930, ch. 320, §1, 46 Stat. 379, provided for additional divisions in Institute as authorized by Administrator. See section 203 of this title.

Section 24, act July 9, 1918, ch. 143, ch. XV, §3, 40 Stat. 886, provided for establishment of a Division of Venereal Diseases.

Section 25, act July 9, 1918, ch. 143, ch. XV, §4, 40 Stat. 886, provided for duties of Division of Venereal Diseases.

Section 25a, act July 9, 1918, ch. 143, ch. XV, §4a, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for appropriations to assist political subdivisions in venereal disease work. See sections 241 and 246 of this title.

Section 25b, act July 9, 1918, ch. 143, ch. XV, §4b, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for allotments to political subdivisions for venereal disease work. See section 246 of this title.

Section 25c, act July 9, 1918, ch. 143, ch. XV, §4c, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for payments from allotments to political subdivisions. See section 246 of this title.

Section 25d, act July 9, 1918, ch. 143, ch. XV, §4d, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for rules and regulations governing the Division of Venereal Diseases, is covered by section 216 of this title.

Section 25e, act July 9, 1918, ch. 143, ch. XV, §4e, as added May 24, 1938, ch. 267, 52 Stat. 439, provided for construction of sections 25a to 25e of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611 of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§26. Isolation of civilians for protection of military, air and naval forces

The Secretary of the Army, the Secretary of the Air Force and the Secretary of the Navy are authorized and directed to adopt measures for the purpose of assisting the various States in caring for civilian persons whose detention, isolation, quarantine, or commitment to institutions may be found necessary for the protection of the military, air and naval forces of the United States against venereal diseases.

(July 9, 1918, ch. 143, ch. XV, §2, 40 Stat. 886.)

Codification

The Secretary of the Air Force was inserted in text under the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, and Secretary of Defense Transfer Order No. 40 [App. A(73)], July 22, 1949. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947. Sections 205(a) and 207 (a), (f) of act July 26, 1947, were 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 3010 to 3013 and 8010 to 8013 continued the Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

Transfer of Functions

For transfer of certain functions insofar as they pertain to the Air Force, and to the extent that they were not previously transferred to the Secretary of the Air Force from the Secretary of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(73)], July 22, 1949.

Section Referred to in Other Sections

This section is referred to in section 27 of this title.

§27. Definitions

The terms “State” and “States,” as used in this chapter, shall be held to include the District of Columbia.

(July 9, 1918, ch. 143, ch. XV, §8, 40 Stat. 887.)

References in Text

This chapter, referred to in text, means chapter XV of act July 9, 1918, ch. 143, 40 Stat. 887, which, insofar as classified to the Code, enacted sections 24 to 27 of this title and amended section 28 of this title. For complete classification of this Act to the Code, see Tables.

§§28 to 43. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 28, acts July 1, 1902, ch. 1370, §3, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; July 9, 1918, ch. 143, ch. XV, §3, 40 Stat. 886, provided divisions under Assistant Surgeons General and the rank, pay, and allowances of said Assistants. See sections 206, 207, and 210 of this title.

Section 28a, act Apr. 9, 1930, ch. 125, §10(c), 46 Stat. 152, provided for a chief of the narcotics division. See section 206 of this title.

Section 29, acts July 1, 1902, ch. 1370, §7, 32 Stat. 713; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for conferences with State and Territorial boards of health. See section 242n of this title.

Section 30, acts July 1, 1902, ch. 1370, §8, 32 Stat. 714; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for compilation of mortality, morbidity, and vital statistics. See section 242k(g) of this title.

Section 31, act June 5, 1920, ch. 235, §1, 41 Stat. 883, provided that officers of Service could make allotments of their pay. See section 704 of Title 37, Pay and Allowances of the Uniformed Services.

Section 32, act Mar. 6, 1920, ch. 94, §1, 41 Stat. 507, provided for purchase of quartermaster supplies by officers of Service. See section 210 of this title.

Section 33, act Mar. 4, 1921, ch. 161, §1, 41 Stat. 1378, provided for limitations on expenditure of appropriations. See section 227 of this title.

Section 33a, act May 14, 1935, ch. 110, 49 Stat. 229, provided for covering into Treasury moneys collected for treatment of foreign seamen and other pay patients. See section 221 of this title.

Section 34, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §2, 37 Stat. 309; Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, provided for titles for officers of the Service. See section 207 of this title.

Section 35, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, provided titles for officers other than medical officers of Service. See section 207 of this title.

Section 36, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, provided titles for officers in grade of Assistant Surgeons General. See section 206 of this title.

Section 37, acts Apr. 9, 1930, ch. 125, §9, 46 Stat. 151; Nov. 11, 1943, ch. 298, §7, 57 Stat. 588, provided for promotions, pay and allowances, and severance from Service of commissioned officers. See sections 209 et seq. of this title.

Section 38, act Apr. 9, 1930, ch. 125, §4, 46 Stat. 150, provided for appointment and grades of medical, dental, sanitary engineer, and pharmacist officers. See section 209 of this title.

Section 39, Apr. 9, 1930, ch. 125, §5, 46 Stat. 150, provided for number, pay and allowances, and service credits for pay purposes of medical, dental, sanitary engineer, and pharmacist officers. See sections 209 et seq. of this title.

Section 40, act Apr. 9, 1930, ch. 125, §11, 46 Stat. 152, provided for appointment and qualifications of employees other than commissioned officers. See section 209 of this title.

Section 41, act Apr. 9, 1930, ch. 125, §7, 46 Stat. 151, provided for appointment of persons other than commissioned officers for scientific research. See section 209 of this title.

Section 42, act Apr. 9, 1930, ch. 125, §12, 46 Stat. 152, provided for medical and hospital services to officers disabled by sickness or injury. See sections 213 and 248 of this title.

Section 43, act Mar. 3, 1919, ch. 98, §3, 40 Stat. 1303, related to transfer of property and equipment to Service. Act Mar. 4, 1921, ch. 156, 41 Stat. 1365, formerly cited to section 43, was repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§§44, 45. Repealed. Oct. 31, 1951, ch. 654, §1(45), 65 Stat. 703

Section 44, act Mar. 15, 1920, ch. 100, §1, 41 Stat. 530; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, related to transfer of surplus motor-propelled vehicles in War Department (now Department of the Army) to Federal Security Agency for use of Public Health Service. See section 483 of Title 40, Public Buildings, Property, and Works.

Section 45, act Mar. 15, 1920, ch. 100, §4, 41 Stat. 531; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, related to freight charges for transfer of motor-propelled vehicles in War Department (now Department of the Army) to Federal Security Agency for use of Public Health Service. See section 484 of Title 40.

§46. Omitted

Codification

Section, which related to relocation of physicians and dentists, was from the First Supplemental National Defense Appropriation Act, 1944, act Dec. 23, 1943, ch. 380, title I, §101, 57 Stat. 617, and was not repeated in subsequent appropriation acts.

SUBCHAPTER II—PAY

§61. Omitted

Codification

Section, acts Jan. 22, 1925, ch. 87, title I, 43 Stat. 774; Mar. 2, 1926, ch. 43, title I, §1, 44 Stat. 147, related to travel expenses for travel on Government owned vessels and was superseded by section 404 et seq. of Title 37, Pay and Allowances of the Uniformed Services.

§62. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act May 18, 1920, ch. 190, §11 (proviso), 41 Stat. 604, related to longevity pay and credit for service in other branches. See section 517 of Title 10, Armed Forces, and sections 201, and 203 to 205 of Title 37, Pay and Allowances of the Uniformed Services.

§63. Omitted

Codification

Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, which related to time spent at the Military and Naval Academies, expired with the appropriation acts of which it was a part.

§64. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act May 18, 1920, ch. 190, §12, 41 Stat. 604, related to transportation of dependents. See sections 404 to 407 and 409 to 411 of Title 37, Pay and Allowances of the Uniformed Services.

§§64a to 64c. Omitted

Codification

Section 64a, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, defined child and children as used in section 64 of this title, and was superseded by section 401 of Title 37, Pay and Allowances of the Uniformed Services.

Section 64b, act June 24, 1935, ch. 291, §3, 49 Stat. 421, defined permanent change in station as used in section 64 of this title and was superseded by section 411 of Title 37.

Provisions of section 64c, which related to use of government automobiles to transport school children at isolated stations, were enacted as permanent legislation by the 1948 amendment to section 227 of this title. Section 64c was based upon the following prior appropriation acts:

June 14, 1948, ch. 465, title II, 62 Stat. 400.

July 8, 1947, ch. 210, title II, 61 Stat. 267.

July 26, 1946, ch. 672, title II, 60 Stat. 690.

July 3, 1945, ch. 263, title II, 59 Stat. 368.

June 28, 1944, ch. 302, title II, 58 Stat. 559.

July 12, 1943, ch. 221, title II, 57 Stat. 507.

July 2, 1942, ch. 475, title II, 56 Stat. 582.

July 1, 1941, ch. 269, title II, 55 Stat. 483.

June 26, 1940, ch. 428, title II, 54 Stat. 587.

§65. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, acts Mar. 2, 1923, ch. 178, title I, 42 Stat. 1385; Aug. 4, 1949, ch. 393, §11, 63 Stat. 559, prohibited issuance of heat or light in kind to any person in Public Health Service while such person is receiving an allowance for rental of quarters.

§§66 to 69. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 66, act Apr. 9, 1930, ch. 125, §8, 46 Stat. 151, provided for disability pay for commissioned officers. See section 212 of this title.

Section 67, act May 14, 1937, ch. 180, title I, 50 Stat. 148, provided for compensation of field employees rendering part-time and call services. See section 210 of this title.

Section 68, acts June 26, 1940, ch. 428, title II, 54 Stat. 584; July 1, 1941, ch. 269, title II, 55 Stat. 480, provided transportation funds for shipment of deceased officers. See section 224 of this title.

Section 69, acts May 27, 1908, ch. 200, 35 Stat. 373; May 13, 1938, ch. 213, 52 Stat. 352; Oct. 28, 1943, ch. 289, 57 Stat. 583, provided for settlement of accounts of deceased officers and men. See section 2771 of Title 10, Armed Forces.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b). Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294. §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2). Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§70. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 655

Section, act June 30, 1949, ch. 286, title I, 63 Stat. 365, provided for a per diem allowance of officers detailed to the Coast Guard.

Acts June 26, 1943, ch. 147, title I, 57 Stat. 210; Mar. 31, 1943, ch. 30, §1, 57 Stat. 55; June 22, 1944, ch. 269, title I, 58 Stat. 315; May 29, 1945, ch. 130, 59 Stat. 216; July 12, 1946, ch. 569, §1, 60 Stat. 530; July 1, 1947, ch. 186, title I, 61 Stat. 225; June 19, 1948, ch. 558, title I, 62 Stat. 562, which contained provisions similar to section 70 of this title, were repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 651–654.

§70a. Repealed. Dec. 28, 1945, ch. 597, §4, 59 Stat. 662

Section, act Oct. 27, 1943, ch. 287, §6, 57 Stat. 583, provided for reimbursement for property lost or destroyed in service while serving with the Navy.

CHAPTER 1A—THE PUBLIC HEALTH SERVICE; SUPPLEMENTAL PROVISIONS

§§71 to 71l. Transferred

Codification

Section 71, act Apr. 9, 1930, ch. 125, §1, 46 Stat. 150, which provided for a detail for duty with executive and independent departments carrying on public health activities, was transferred to section 17a of this title.

Section 71a, act Apr. 9, 1930, ch. 125, §2(a), 46 Stat. 150, which provided for a detail for duty with educational and research institutions, was transferred to section 17b of this title.

Section 71b, act Apr. 9, 1930, ch. 125, §2(a), 46 Stat. 150, which provided for extension of facilities of Service to health officials and scientist, was transferred to section 8a of this title.

Section 71c, acts Apr. 9, 1930, ch. 125, §2(b), 46 Stat. 150; May 26, 1930, ch. 320, §1, 46 Stat. 379, which provided for additional divisions in Institute as authorized by Federal Security Administrator, was transferred to section 23g of this title.

Section 71d, act Apr. 9, 1930, ch. 125, §3, 46 Stat. 150, which provided that administrative office and bureau divisions in District of Columbia be a part of departmental organization and scientific offices and research laboratories be a part of the field service, was transferred to section 9a of this title.

Section 71e, act Apr. 9, 1930, ch. 125, §4, 46 Stat. 150, which provided for appointment and grades of medical, dental, sanitary, engineer, and pharmacist officers, was transferred to section 38 of this title.

Section 71f, act Apr. 9, 1930, ch. 125, §5, 46 Stat. 150, which provided for number, pay and allowances, and service credits for pay purposes of medical, dental, sanitary, engineer, and pharmacist officers, was transferred to section 39 of this title.

Section 71g, act Apr. 9, 1930, ch. 125, §6, 46 Stat. 151, which provided for assignment of Reserve officers to active duty and for such service counting for promotion credits, was transferred to section 18a of this title.

Section 71h, act Apr. 9, 1930, ch. 125, §7, 46 Stat. 151, which provided for appointment of persons other than commissioned officers for scientific research, was transferred to section 41 of this title.

Section 71i, act Apr. 9, 1930, ch. 125, §8, 46 Stat. 151, which provided for disability pay for commissioned officers, was transferred to section 66 of this title.

Section 71j, act Apr. 9, 1930, ch. 125, §9, 46 Stat. 151, which provided for promotions and pay and allowances of commissioned officers, was transferred to section 37 of this title.

Section 71k, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, which provided titles for officers other than medical officers of Service, was transferred to section 35 of this title.

Section 71l, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, which provided titles for officers in grade of Assistant Surgeon General, was transferred to section 36 of this title.

§71m. Omitted

Codification

Section, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, which provided for repeal of limitation upon number of senior surgeons and Assistant Surgeons General at large of Public Health Service on active duty, was executed to section 34 of this title.

§§71n to 71q. Transferred

Codification

Section 71n, act Apr. 9, 1930, ch. 125, §10(b), 46 Stat. 152, which provided for pay and allowances of Surgeon General and for reversion in grade on expiration of term, was transferred to section 11a of this title.

Section 71o, act Apr. 9, 1930, ch. 125, §10(c), 46 Stat. 152, which provided for a Chief of the Narcotics Division, was transferred to section 28a of this title.

Section 71p, act Aug. 9, 1930, ch. 125, §11, 46 Stat. 152, which provided for appointment and qualifications of employees other than commissioned officers, was transferred to section 40 of this title.

Section 71q, act Apr. 9, 1930, ch. 125, §12, 46 Stat. 152, which provided for medical and hospital services to officers disabled by sickness or injury, was transferred to section 42 of this title.

§71r. Omitted

Codification

Section, acts Apr. 9, 1930, ch. 125, §13, 46 Stat. 152; May 26, 1930, ch. 320, §1, 46 Stat. 379, which changed the name of the Advisory board for National Institute of Health to the National Advisory Health Council and provided for appointment of additional members and the terms of service, compensation, and allowances for such additional members and an additional function for the Council, was executed to section 21 of this title.

CHAPTER 2—SANITATION AND QUARANTINE

Sec.
81 to 87.
Repealed.
88.
Discharge of cargo of vessel in quarantine.
89.
Quarantine warehouses; erection.
90.
Deposit of goods in warehouses.
91.
Extending time for entry of vessels subject to quarantine.
92 to 96.
Repealed.
97.
State health laws observed by United States officers.
98.
Vessels for quarantine officers.
99 to 111.
Repealed.
112.
Removal of revenue officers from port during epidemic.
113, 114.
Repealed.

        

§§81 to 87. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 81, act Feb. 15, 1893, ch. 114, §1, 27 Stat. 449, provided penalties for entry of vessels in violation of quarantine laws. See section 271 of this title.

Section 82, acts Feb. 15, 1893, ch. 114, §2, 27 Stat. 450; Aug. 18, 1894, ch. 300, 28 Stat. 372; Feb. 27, 1921, ch. 80, 41 Stat. 1149; Feb. 7, 1925, ch. 146, 43 Stat. 809; July 10, 1940, ch. 566, 54 Stat. 747, provided for bills of health. See section 269 of this title.

Section 82a, act Feb. 15, 1893, ch. 114, §13, as added Mar. 3, 1931, ch. 409, §1, 46 Stat. 1491, provided for duplicate bills of health. See section 269 of this title.

Section 83, act Feb. 15, 1893, ch. 114, §11, as added Mar. 3, 1901, ch. 836, 31 Stat. 1087, provided that vessels from foreign ports without bill of health not entering the United States were subject to quarantine regulations.

Section 84, act Feb. 15, 1893, ch. 114, §6, 27 Stat. 452, provided for disposition of infected vessels.

Section 85, act June 19, 1906, ch. 3433, §4, 34 Stat. 300, provided penalties for infractions of quarantine. See section 271 of this title.

Section 86, act Apr. 29, 1878, ch. 66, §1, 20 Stat. 37, prohibited entry of vessels and vehicles contrary to State quarantine laws. See sections 264 to 272 of this title. Compliance with State laws, see section 97 of this title.

Section 87, act Apr. 17, 1917, ch. 3, 40 Stat. 6, provided for payment of cost of fumigation and disinfection of foreign vessels.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611 of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§88. Discharge of cargo of vessel in quarantine

Whenever, by the health laws of any State, or by the regulations made pursuant thereto, any vessel arriving within a collection district of such State is prohibited from coming to the port of entry by law established for such district, and such health laws require or permit the cargo of the vessel to be unladen at some other place within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health laws permit, and upon the conditions and restrictions which shall be directed by the Secretary of Health and Human Services, or which such collector may, for the time, deem expedient for the security of the public revenue.

(R.S. §4793; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

Words “or delivery” after “port of entry” which were included in this section as originally enacted were omitted as ports of delivery were abolished pursuant to the President's Message to Congress on Mar. 3, 1913, set out in Codification note under section 1 of Title 19, Customs Duties.

R.S. §4793 derived from act Feb. 23, 1799, ch. 12, §2, 1 Stat. 619.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in sections 90, 91, 97 of this title.

§89. Quarantine warehouses; erection

There shall be purchased or erected, under the orders of the President, suitable warehouses, with wharves and inclosures, where merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health laws of any State, at such convenient places therein as the safety of the public revenue and the observance of such health laws may require.

(R.S. §4794.)

Codification

R.S. §4794 derived from act Feb. 23, 1799, ch. 12, §3, 1 Stat. 620.

Section Referred to in Other Sections

This section is referred to in sections 90, 97 of this title.

§90. Deposit of goods in warehouses

Whenever the cargo of a vessel is unladen at some other place than the port of entry under sections 88 and 89 of this title, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of Health and Human Services for all public warehouses and inclosures.

(R.S. §4795; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

R.S. §4795 derived from act Feb. 23, 1799, ch. 12, §2, 1 Stat. 619.

Omission of words “or delivery” after “port of entry”, see Codification note set out under section 88 of this title.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in sections 91, 97 of this title.

§91. Extending time for entry of vessels subject to quarantine

The Secretary of Health and Human Services is authorized, whenever a conformity to such quarantines and health laws requires it, and in respect to vessels subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries. No part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations established by sections 88 and 90 of this title.

(R.S. §4796; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

R.S. §4796 derived from act Feb. 23, 1799, ch. 12, §1, 1 Stat. 619.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education and Welfare by section 5 of 1953 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.

Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§§92 to 96. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 92, acts Feb. 15, 1893, ch. 114, §3, 27 Stat. 450; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for enforcement of quarantine regulations. See sections 264 to 267 of this title.

Section 92a, acts Apr. 29, 1878, ch. 66, §5, 20 Stat. 38; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, §1, 37 Stat. 309, provided for a national quarantine system. See sections 264 to 267 of this title.

Section 93, acts Feb. 15, 1893, ch. 114, §4, 27 Stat. 451; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for duties of Surgeon General relating to quarantine. See sections 264 to 270 of this title.

Section 94, act Feb. 15, 1893, ch. 114, §5, 27 Stat. 451, provided for regulations to secure sanitary conditions of vessels. See section 269 of this title.

Section 94a, act Feb. 15, 1893, ch. 114, §14, as added Mar. 3, 1931, ch. 409, §1, 46 Stat. 1492, provided for hours of inspection at quarantine stations. See section 267 of this title.

Section 94b, act Feb. 15, 1893, ch. 114, §16, as added Mar. 3, 1931, ch. 409, §1, 46 Stat. 1492, provided for schedule of charges and payment of them. See section 269 of this title.

Section 94c, act Feb. 15, 1893, ch. 114, §15, as added Mar. 3, 1931, ch. 409, §1, 46 Stat. 1492, provided for procurement of health certificates. See section 269 of this title.

Section 94d, act Feb. 15, 1893, ch. 114, §17, as added Mar. 3, 1931, ch. 409, §1, 46 Stat. 1492, provided medical and hospital benefits to officers and employees of national quarantine service. See section 253 of this title.

Section 94e, act Mar. 3, 1931, ch. 409, §3, 46 Stat. 1492, provided for extended quarantine service. See section 267 of this title.

Section 95, acts Mar. 27, 1890, ch. 51, §1, 26 Stat. 31; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, related to regulations to prevent spread of communicable diseases. See section 264 of this title.

Section 96, act June 19, 1906, ch. 3433, §6, 34 Stat. 301, provided that jurisdiction over established station acquired by the United States be ceded before payment of compensation.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§97. State health laws observed by United States officers

The quarantines and other restraints established by the health laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several Coast Guard vessels, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of Health and Human Services. But nothing in title 58 of the Revised Statutes shall enable any State to collect a duty of tonnage or impost without the consent of Congress.

(R.S. §4792; Jan. 28, 1915, ch. 20, §1, 38 Stat. 800; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

References in Text

Title 58 of the Revised Statutes, referred to in text, was in the original “this Title” meaning title 58 of the Revised Statutes, consisting of R.S. §§4792 to 4800, which were classified to sections 88 to 91, 97, and 112 to 114 of this title and section 8 of former Title 4, Flag and Seal, Seat of Government, and the States. Such section 8 of former Title 4 was repealed by act July 30, 1947, ch. 389, §2, 61 Stat. 645, and reenacted by the first section thereof as section 73 of Title 4. For complete classification of R.S. §§4792 to 4800 to the Code, see Tables.

Codification

R.S. §4792 derived from act Feb. 23, 1799, ch. 12, §1, 1 Stat. 619.

Transfer of Functions

“Coast Guard vessels” substituted in text for “revenue-cutters”, Revenue Cutter Service and Life-Saving Service having been combined to form Coast Guard by section 1 of act Jan. 28, 1915. That act was repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard.

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.

Functions of Department of the Treasury relating to public health transferred to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§98. Vessels for quarantine officers

The Secretary of the Navy is authorized, in his discretion, at the request of the Secretary of Health and Human Services, to place gratuitously, at the disposal of the proper quarantine authorities, at any of the ports of the United States, to be used temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the Secretary of the Navy may deem necessary to impose for the preservation thereof.

(June 14, 1879, No. 6, 21 Stat. 50; Feb. 15, 1893, ch. 114, 27 Stat. 449; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, §201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Repeals

Act Feb. 15, 1893, ch. 114, 27 Stat. 449, cited as a credit to this section and which abolished the National Board of Health and placed all duties relating to quarantines and quarantine regulations with the Marine Hospital Service, was repealed by act July 1, 1944, ch. 373, title XIII, §1313, formerly §611, 58 Stat. 714, renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Public Health Service and its functions and personnel transferred from Department of the Treasury to Federal Security Agency pursuant to Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Marine Hospital Service was redesignated Public Health and Marine Hospital Service by act July 1, 1902, ch. 1370, §1, 32 Stat. 712, which in turn was redesignated Public Health Service by act Aug. 14, 1912, ch. 288, §1, 37 Stat. 309.

National Board of Health was abolished and all duties relating to quarantines and quarantine regulations were placed in Marine Hospital Service by act Feb. 15, 1893, ch. 114, 27 Stat. 449.

§§99 to 108. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 99, act Feb. 15, 1893, ch. 114, §12, as added Mar. 3, 1901, ch. 836, 31 Stat. 1087, authorized medical officers performing duties as quarantine officers to administer oaths. See section 272 of this title.

Section 100, act Feb. 15, 1893, ch. 114, §8, 27 Stat. 452, provided compensation for use of State buildings for quarantine purposes.

Section 101, act June 19, 1906, ch. 3433, §5, 34 Stat. 301, provided for acquisition of quarantine stations. See section 267 of this title.

Section 102, act Feb. 15, 1893, ch. 114, §10, as added Mar. 3, 1901, ch. 836, 31 Stat. 1086; amended July 1, 1902, ch. 1370, §1, 32 Stat. 712, provided for establishment of quarantine grounds. See sections 267 and 271 of this title.

Section 103, act June 19, 1906, ch. 3433, §1, 34 Stat. 299, provided for control and management of quarantine grounds. See section 267 of this title.

Section 104, acts June 19, 1906, ch. 3433, §2, 34 Stat. 299; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for transferal of title of land and water from other departments to Service for its use.

Section 105, act June 19, 1906, ch. 3433, §3, 34 Stat. 300, provided for notice of selection of places for quarantine stations and anchorages.

Section 106, acts Aug. 1, 1888, ch. 727, 25 Stat. 355; July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided penalties for trespass on quarantine stations. See section 271 of this title.

Section 107, act Mar. 27, 1890, ch. 51, §2, 26 Stat. 31, provided penalties for the violation of quarantine laws by officers of Service. See section 271 of this title.

Section 108, act Mar. 27, 1890, ch. 51, §3, 26 Stat. 32, provided penalties for the violation of quarantine laws by common carriers. See section 271 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§109. Repealed. May 29, 1928, ch. 901, §1(24), 45 Stat. 986, 988

Section, acts June 12, 1917, ch. 27, 40 Stat. 121; June 5, 1920, ch. 235, 41 Stat. 885; Feb. 17, 1922, ch. 55, 42 Stat. 380; Jan. 3, 1923, ch. 22, 42 Stat. 1102; Apr. 4, 1924, ch. 84, title I, 43 Stat. 76; Jan. 20, 1925, ch. 85, 43 Stat. 757; Jan. 22, 1925, ch. 87, title I, 43 Stat. 775, required a detailed report to be made to Congress of expenditures to prevent epidemics.

§§110, 111. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 110, acts June 5, 1920, ch. 235, 41 Stat. 875; June 16, 1921, ch. 23, 42 Stat. 38, provided for a schedule of charges for vessels at New York quarantine station. See section 269 of this title.

Section 111, act Feb. 15, 1893, ch. 114, §7, 27 Stat. 452, provided for suspension of immigration. See section 265 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611 of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1958, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§112. Removal of revenue officers from port during epidemic

Whenever, by the prevalence of any contagious or epidemic disease in or near the place by law established as the port of entry for any collection district, it becomes dangerous or inconvenient for the officers of the revenue employed therein to continue the discharge of their respective offices at such port, the Secretary of the Treasury, or, in his absence, the Undersecretary of the Treasury, may direct the removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to, such collection district. And at such place such officers may exercise the same powers, and shall be liable to the same duties, according to existing circumstances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be.

(R.S. §4797; July 31, 1894, ch. 174, §4, 28 Stat. 205; June 10, 1921, ch. 18, §301, 42 Stat. 23; Feb. 17, 1922, ch. 55, 42 Stat. 366.)

Codification

R.S. 4797 derived from act Feb. 23, 1799, ch. 12, §4, 1 Stat. 620.

Acts July 31, 1894, and June 10, 1921, abolished offices of First Comptroller and Comptroller of the Treasury.

“Undersecretary of the Treasury” was substituted in text for “the First Comptroller” on authority of act Feb. 17, 1922.

Section Referred to in Other Sections

This section is referred to in section 97 of this title.

§113. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948

Section, R.S. §4799, act Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167, related to adjournment of courts during an epidemic.

§114. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948

Section, R.S. §4800, related to removal of prisoners during an epidemic.

CHAPTER 3—LEPROSY

§§121 to 125. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 121, acts Mar. 3, 1905, ch. 1443, §1, 33 Stat. 1009; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for establishment in perpetuity of a hospital station and laboratory at Molokai, Hawaii.

Section 122, act Mar. 3, 1905, ch. 1443, §3, 33 Stat. 1009, provided for admission and treatment of leper patients. See section 255 of this title.

Section 123, acts Mar. 3, 1905, ch. 1443, §4, 33 Stat. 1009; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for detail of officers and employees for leprosy work. See section 215 of this title.

Section 124, acts Mar. 3, 1905, ch. 1443, §6, 33 Stat. 1010; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided regulations for administration of hospital station and laboratory.

Section 125, acts Mar. 3, 1905, ch. 1443, §7, 33 Stat. 1010; Mar. 4, 1911, ch. 285, §1, 36 Stat. 1394; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for additional pay and allowances to officers detailed on leprosy duty. See section 210 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–134, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§§131 to 135. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 131, act Feb. 3, 1917, ch. 26, §1, 39 Stat. 872, provided for establishment of a leprosy home in the United States.

Section 132, act Feb. 3, 1917, ch. 26, §4, 39 Stat. 873, provided for erection of buildings for the home.

Section 133, act Feb. 3, 1917, ch. 26, §2, 39 Stat. 873, provided for receipt of lepers into the home. See section 255 of this title.

Section 134, act Feb. 3, 1917, ch. 26, §3, 39 Stat. 873, provided for regulations governing the home. See section 255 of this title.

Section 135, act Feb. 3, 1917, ch. 26, §5, 39 Stat. 873, provided for additional pay of officers detailed to duty at said home. See section 210 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–204, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

CHAPTER 3A—CANCER

§§137 to 137g. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 137, act Aug. 5, 1937, ch. 565, §1, 50 Stat. 559, provided for establishment of National Cancer Institute. See section 281 of this title.

Section 137a, act Aug. 5, 1937, ch. 565, §2, 50 Stat. 559, provided for powers and duties of Surgeon General. See section 282 of this title.

Section 137b, act Aug. 5, 1937, ch. 565, §3, 50 Stat. 560, provided for establishment of National Advisory Cancer Council. See section 218 of this title.

Section 137c, act Aug. 5, 1937, ch. 565, §4, 50 Stat. 560, provided for powers and functions of Council. See section 284 of this title.

Section 137d, act Aug. 5, 1937, ch. 565, §5, 50 Stat. 561, provided for administration of powers by Surgeon General. See section 283 of this title.

Section 137e, act Aug. 5, 1937, ch. 565, §6, 50 Stat. 561, provided for acceptance of gifts. See section 283 of this title.

Section 137f, act Aug. 5, 1937, ch. 565, §7, 50 Stat. 561, provided for appropriations. See section 285 of this title.

Section 137g, act Aug. 5, 1937, ch. 565, §8, 50 Stat. 562, related to appointment of officers, functions under other provisions, regulations, reports, effective date, and citation. See sections 209, 216, 229, and 286 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

CHAPTER 4—VIRUSES, SERUMS, TOXINS, ANTITOXINS, ETC.

§§141 to 148. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 141, act July 1, 1902, ch. 1378, §1, 32 Stat. 728, provided for regulation of sale of and interstate traffic of viruses, serums, toxins, antitoxins, etc. See section 262 of this title.

Section 142, act July 1, 1902, ch. 1378, §2, 32 Stat. 729, related to falsely labeling or marking container or package. See section 262 of this title.

Section 143, act July 1, 1902, ch. 1378, §3, 32 Stat. 729, provided for inspection of manufacturing establishments. See section 262 of this title.

Section 144, act July 1, 1902, ch. 1378, §4, 32 Stat. 729, provided for inspection of foreign manufacturing establishments. See section 262 of this title.

Section 145, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; July 1, 1902, ch. 1378, §4, 32 Stat. 729; Aug. 14, 1912, ch. 288, 37 Stat. 309, provided for issuing of licenses to manufacturing establishments. See section 262 of this title.

Section 146, act July 1, 1902, ch. 1378, §5, 32 Stat. 729, provided for enforcement of regulations. See section 262 of this title.

Section 147, act July 1, 1902, ch. 1378, §6, 32 Stat. 729, provided against interfering with officers. See section 262 of this title.

Section 148, act July 1, 1902, ch. 1378, §7, 32 Stat. 729, related to penalties for offenses. See section 262 of this title.

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, which repealed these sections, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

CHAPTER 5—MATERNITY AND INFANCY WELFARE AND HYGIENE

§§161 to 175. Repealed. Jan. 22, 1927, ch. 53, §2, 44 Stat. 1024, eff. June 30, 1929

Section 161, act Nov. 23, 1921, ch. 135, §3, 42 Stat. 224, related to creation of Board of Maternity and Infant Hygiene and administration of this chapter by Children's Bureau.

Section 162, act Nov. 23, 1921, ch. 135, §1, 42 Stat. 224, related to authorization of appropriations.

Section 163, acts Nov. 23, 1921, ch. 135, §2, 42 Stat. 224; Jan. 22, 1927, ch. 53, §1, 44 Stat. 1024, related to amount and apportionment of appropriations.

Section 164, act Nov. 23, 1921, ch. 135, §4, 42 Stat. 225, related to acceptance of provisions of this chapter by the States.

Section 165, act Nov. 23, 1921, ch. 135, §5, 42 Stat. 225, related to deduction of administrative expenses from appropriation.

Section 166, act Nov. 23, 1921, ch. 135, §6, 42 Stat. 225, related to clerical assistants for Children's Bureau.

Section 167, act Nov. 23, 1921, ch. 135, §7, 42 Stat. 225, related to apportionment of appropriation to States.

Section 168, act Nov. 23, 1921, ch. 135, §8, 42 Stat. 225, related to submission and approval of plans by States.

Section 169, act Nov. 23, 1921, ch. 135, §9, 42 Stat. 225, related to power of representatives of Children's Bureau to enter homes and to take charge of children.

Section 170, act Nov. 23, 1921, ch. 135, §10, 42 Stat. 225, related to certification of amounts apportioned to States.

Section 171, act Nov. 23, 1921, ch. 135, §11, 42 Stat. 226, related to reports by States.

Section 172, act Nov. 23, 1921, ch. 135, §12, 42 Stat. 226, related to limitation on expenditure of amounts apportioned to States.

Section 173, act Nov. 23, 1921, ch. 135, §13, 42 Stat. 226, related to requirement that Children's Bureau perform duties assigned to it by this chapter.

Section 174, act Nov. 23, 1921, ch. 135, §14, 42 Stat. 226, related to construction of this chapter.

Section 175, act Mar. 10, 1924, ch. 46, §3, 43 Stat. 17, related to extension of this chapter to Hawaii.

CHAPTER 6—THE CHILDREN'S BUREAU

Sec.
191.
Bureau established.
192.
Chief of bureau; investigations and reports.
193.
Assistant chief.
194.
Quarters for bureau.

        

Chapter Referred to in Other Sections

This chapter is referred to in title 22 section 2102.

§191. Bureau established

There shall be established in the Department of Health and Human Services a bureau to be known as the Children's Bureau.

(Apr. 9, 1912, ch. 73, §1, 37 Stat. 79; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737; 1946 Reorg. Plan No. 2, §1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

Section was formerly classified to section 18 of Title 29, Labor.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

“Federal Security Agency” substituted for “Department of Labor” pursuant to Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5, Government Organization and Employees, which transferred Children's Bureau, exclusive of its Industrial Division, from Department of Labor to Federal Security Agency. Functions of Bureau, its Chief, and of Secretary of Labor relating to such functions transferred to Federal Security Administrator.

Functions authorized by section 192 of this title and such other functions of Federal Security Agency as Administrator might designate were to be administered through Children's Bureau under his direction and control.

Functions of Children's Bureau under sections 201 to 216, 217 to 219 of Title 29, Labor, transferred to Secretary of Labor.

For transfer of personnel, property, records and funds, see section 12 of Reorg. Plan No. 2 of 1946.

Act Apr. 9, 1912, established Children's Bureau in Department of Commerce and Labor. Act Mar. 4, 1913, transferred Children's Bureau to Department of Labor, which was created by that act, and was authority for substitution of “Department of Labor” for “Department of Commerce and Labor”.

§192. Chief of bureau; investigations and reports

The Children's Bureau shall be under the direction of a chief, to be appointed by the President, by and with the advice and consent of the Senate. The said bureau shall investigate and report to the Secretary of Health and Human Services, upon all matters pertaining to the welfare of children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several States and Territories. But no official, or agent, or representative of said bureau shall, over the objection of the head of the family, enter any house used exclusively as a family residence. The chief of said bureau may from time to time publish the results of these investigations in such manner and to such extent as may be prescribed by the Secretary.

(Apr. 9, 1912, ch. 73, §2, 37 Stat. 79; Mar. 4, 1913, ch. 141, §§3, 6, 37 Stat. 737, 738; 1946 Reorg. Plan No. 2, §1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

In the first sentence of this section, provisions which specified an annual compensation of $5,000 for the chief of the Childrens Bureau have been omitted superseded. Following enactment of the Classification Act of 1923, the compensation was fixed in accordance with that Act. See act Feb. 27, 1925, title IV, 43 Stat. 1050. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, §8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 now 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.

Section was formerly classified to section 18a of Title 29, Labor.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

“Federal Security Administrator” substituted for “said department” and for “Secretary of Labor” pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title.

“Secretary of Labor” substituted for “Secretary of Commerce and Labor” pursuant to act Mar. 4, 1913. See note set out under section 191 of this title.

§193. Assistant chief

There shall be in the Children's Bureau, until otherwise provided for by law, an assistant chief, to be appointed by the Secretary of Health and Human Services.

(Apr. 9, 1912, ch. 73, §3, 37 Stat. 80; Mar. 4, 1913, ch. 141, §§3, 6, 37 Stat. 737, 738; 1946 Reorg. Plan No. 2, §1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

Section 3 of act Apr. 9, 1912, also provided for compensation of assistant chief and for appointment and compensation of other employees of the bureau.

Section was formerly classified to section 18b of Title 29, Labor.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in 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.

“Federal Security Administrator” substituted for “Secretary of Labor” pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title.

“Secretary of Labor” substituted for “Secretary of Commerce and Labor” pursuant to act Mar. 4, 1913. See note set out under section 191 of this title.

§194. Quarters for bureau

The Secretary of Health and Human Services is directed to furnish sufficient quarters for the work of this bureau at an annual rental not to exceed $2,000.

(Apr. 9, 1912, ch. 73, §4, 37 Stat. 80; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737; 1946 Reorg. Plan No. 2, §1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

Codification

Section was formerly classified to section 18c of Title 29, Labor.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

“Federal Security Administrator” substituted for “Secretary of Labor” pursuant to Reorg. Plan No. 2 of 1946. See note set out under section 191 of this title.

“Secretary of Labor” substituted for “Secretary of Commerce and Labor” pursuant to act Mar. 4, 1913. See note set out under section 191 of this title.

 

CHAPTER 6A—PUBLIC HEALTH SERVICE

SUBCHAPTER I—ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Sec.
201.
Definitions.

        

Part A—Administration

202.
Administration and supervision of Service.
203.
Organization of Service.
204.
Commissioned corps; composition; appointment of Regular and Reserve officers; appointment and status of warrant officers.
205.
Appointment and tenure of office of Surgeon General; reversion in rank.
206.
Assignment of officers.

        

(a)

Deputy Surgeon General.

(b)

Assistant Surgeons General.

(c)

Creation of temporary positions as Assistant Surgeons General.

(d)

Designation of Assistant Surgeon General with respect to absence, disability, or vacancy in offices of Surgeon General and Deputy Surgeon General.

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

        

(a)

Grades of commissioned officers.

(b)

Titles of medical officers.

(c)

Repealed.

(d)

Maximum number in grade for each fiscal year.

(e)

Exception to grade limitations for officers assigned to Department of Defense.

(f)

Exception to maximum number limitations for officers assigned to Department of Defense.

208.
Repealed.
209.
Appointment of personnel.

        

(a)

Original appointments to Regular and Reserve Corps; limitation on appointment and call to active duty.

(b)

Grade and number of original appointments.

(c)

Issuance of commissions.

(d)

Date of appointment; credit for service.

(e)

Reappointment; credit for service.

(f)

Special consultants.

(g)

Designation for fellowships; duties; pay.

(h)

Aliens.

(i)

Civil service appointments by Secretary.

209a to 209c.
Omitted or Repealed.
209d.
Appointment of osteopaths as commissioned officers.
210.
Pay and allowances.

        

(a)

Commissioned officers of Regular and Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses.

(b)

Purchase of supplies.

(c)

Members of national advisory or review councils or committees.

(d)

Field employees.

(e)

Additional pay for service at Gillis W. Long Hansen's Disease Center.

(f)

Allowances included in fellowships.

(g)

Positions in professional, scientific and executive service; compensation; appointment.

210–1.
Annual and sick leave.

        

(a)

Regulations.

(b),

(c) Repealed.

(d)

Definitions.

210a.
Repealed.
210b.
Professional categories.

        

(a)

Division of corps; basis of categories.

(b)

Assignment of officers.

(c)

Maximum number of officers in each category.

(d)

Vacancies in grade for purposes of promotion.

(e)

Absence of vacancy in grade as affecting promotion.

(f)

Vacancy in grade as affecting maximum number for each category.

211.
Promotion of commissioned officers.

        

(a)

Permanent or temporary promotions; examination.

(b)

Promotion to certain grades only to fill vacancies; regulations; “restricted grade” defined.

(c)

Examinations.

(d)

Permanent promotions to qualified officers on length of service.

(e)

Promotion of professional category officers to fill certain vacancies.

(f)

Reexamination upon failure of promotion; effective date of promotion.

(g)

Separation from service upon failure of promotion.

(h)

Separation from service upon refusal to stand examination.

(i)

Review of record; separation from service.

(j)

Determination of order of seniority.

(k)

Temporary promotions; fill vacancy in higher grade; war or national emergency; selection of officers; termination of appointment.

(l)

Determination of requirements of Service by Secretary; assignment of Reserve Officers to professional categories; temporary promotions; termination of temporary promotions.

(m)

Acceptance of promotion; oath and affidavit.

211a, 211b.
Repealed.
211c.
Promotion credit for medical officers in assistant grade.
212.
Retirement of commissioned officers.

        

(a)

Age; voluntariness; length of service; computation of retired pay.

(b)

Basic pay of highest temporary grade.

(c)

Recall to active duty.

(d)

“Active service” defined.

(e)

Crediting of part of year.

(f)

Retirement or separation for physical disability.

212a, 212b.
Repealed.
213.
Military benefits.

        

(a)

Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors.

(b)

Award of decorations.

(c)

Authority of Surgeon General.

(d)

Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs.

(e)

Active service deemed active military service with respect to Soldiers’ and Sailors’ Civil Relief Act of 1940.

(f)

Active service deemed active military service with respect to anti-discrimination laws.

213a.
Rights, benefits, privileges, and immunities for commissioned officers or beneficiaries; exercise of authority by Secretary or designee.
214.
Presentation of United States flag upon retirement.

        

(a)

Presentation of flag.

(b)

Multiple presentations not authorized.

(c)

No cost to recipient.

214a.
Repealed.
215.
Detail of Service personnel.

        

(a)

Other Government departments.

(b)

State health or mental health authorities.

(c)

Congressional committees and nonprofit educational, research, or other institutions engaged in health activities for special studies and dissemination of information.

(d)

Availability of funds; reimbursement by State; detailed services deemed service for computation of pay, promotion, etc.

216.
Regulations.

        

(a)

Prescription by President: appointments, retirement, etc.

(b)

Promulgation by Surgeon General; administration of Service.

(c)

Preference to school of medicine.

217.
Use of Service in time of war or emergency.
217a.
Advisory councils or committees.

        

(a)

Appointment; purpose.

(b)

Compensation and allowances of members not full-time employees of United States.

(c)

Delegation of functions.

217a–1.
Advisory committees; prohibition of consideration of political affiliations.
217b.
Volunteer services.
218.
National Advisory Councils on Migrant Health.

        

(a)

Appointment; duties.

(b)

Membership.

(c)

Terms of office.

(d)

Applicability of section 14(a) of Federal Advisory Committee Act.

218a.
Training of officers.

        

(a)

In general.

(b)

Voluntary separation within period subsequent to attendance.

(c)

Training in leave without pay status.

219 to 230.
Transferred, Repealed, or Omitted.
231.
Service and supply fund; uses; reimbursement.
232.
National Institute of Mental Health; authorization of appropriation; construction; location.
233.
Civil actions or proceedings against commissioned officers or employees.

        

(a)

Exclusiveness of remedy.

(b)

Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary.

(c)

Removal to United States district court; procedure; proceeding upon removal deemed a tort action against United States; hearing on motion to remand to determine availability of remedy against United States; remand to State court or dismissal.

(d)

Compromise or settlement of claim by Attorney General.

(e)

Assault or battery.

(f)

Authority of Secretary or designee to hold harmless or provide liability insurance for assigned or detailed employees.

(g)

Exclusivity of remedy against United States for entities deemed Public Health Service employees; coverage for services furnished to individuals other than center patients; application process; subrogation of medical malpractice claims; applicable period; entity and contractor defined.

(h)

Qualifications for designation as Public Health Service employee.

(i)

Authority of Attorney General to exclude health care professionals from coverage.

(j)

Remedy for denial of hospital admitting privileges to certain health care providers.

(k)

Estimate of annual claims by Attorney General; criteria; establishment of fund; transfer of funds to Treasury accounts.

(l)

Timely response to filing of action or proceeding.

(m)

Application of coverage to managed care plans.

(n)

Report on risk exposure of covered entities.

(o)

Volunteer services provided by health professionals at free clinics.

234.
Repealed.
235.
Administration of grants in multigrant projects; promulgation of regulations.
236.
Orphan Products Board.

        

(a)

Establishment; composition; chairman.

(b)

Function.

(c)

Duties with respect to drugs for rare diseases or conditions.

(d)

Consultation.

(e)

Annual report; contents.

237.
Silvio O. Conte Senior Biomedical Research Service.

        

(a)

Creation; number of members.

(b)

Appointments; qualifications; provisions inapplicable to members.

(c)

Performance appraisal system.

(d)

Pay of members.

(e)

Contribution to retirement system of institutions of higher education.

(f)

Career and noncareer appointment of certain individuals.

(g)

Rules and regulations.

Part B—Miscellaneous Provisions

238.
Gifts for benefit of Service.

        

(a)

Acceptance by Secretary.

(b)

Depository of funds; availability for expenditure.

(c)

Evidences of unconditional gifts of intangible property.

(d)

Real property or tangible personal property.

238a.
Use of immigration station hospitals.
238b.
Disposition of money collected for care of patients.
238c.
Transportation of remains of officers.
238d.
Availability of appropriations for grants to Federal institutions.
238e.
Transfer of funds.
238f.
Availability of appropriations.
238g.
Wearing of uniforms.
238h.
Biennial report.
238i.
Memorials and other acknowledgments for contributions to health of Nation.
238j.
Evaluation of programs.

        

(a)

In general.

(b)

Report on evaluations.

238k.
Contract authority.
238l.
Recovery.

        

(a)

Right of United States to recover base amount plus interest.

(b)

Notice of sale, transfer, or change.

(c)

Base amount; interest.

(d)

Waiver of recovery rights.

(e)

Pre-judgment lien.

238m.
Use of fiscal agents.

        

(a)

Contracting authority.

(b)

Contracting prerequisites.

(c)

Advances under contracts.

(d)

Applicable statutory provisions.

(e)

“Fiscal agent” defined.

238n.
Abortion-related discrimination in governmental activities regarding training and licensing of physicians.

        

(a)

In general.

(b)

Accreditation of postgraduate physician training programs.

(c)

Definitions.

238o.
Restriction on use of funds for assisted suicide, euthanasia, and mercy killing.
238p.
Recommendations and guidelines regarding automated external defibrillators for Federal buildings.

        

(a)

Guidelines on placement.

(b)

Related recommendations.

(c)

Consultations; consideration of certain recommendations.

(d)

Date certain for establishing guidelines and recommendations.

(e)

Definitions.

238q.
Liability regarding emergency use of automated external defibrillators.

        

(a)

Good Samaritan protections regarding AEDs.

(b)

Inapplicability of immunity.

(c)

Rules of construction.

(d)

Federal jurisdiction.

(e)

Definitions.

SUBCHAPTER II—GENERAL POWERS AND DUTIES

Part A—Research and Investigations

241.
Research and investigations generally.

        

(a)

Authority of Secretary.

(b)

Testing for carcinogenicity, teratogenicity, mutagenicity, and other harmful biological effects; consultation.

(c)

Diseases not significantly occurring in United States.

(d)

Protection of privacy of individuals who are research subjects.

242.
Studies and investigations on use and misuse of narcotic drugs and other drugs; annual report to Attorney General; cooperation with States.
242a.
Repealed.
242b.
General authority respecting research, evaluations, and demonstrations in health statistics, health services, and health care technology.

        

(a)

Scope of activities.

(b)

Additional authority; scope of activities.

(c)

Coordination of activities through units of Department.

242c to 242j.
Repealed or Transferred.
242k.
National Center for Health Statistics.

        

(a)

Establishment; appointment of Director; statistical and epidemiological activities.

(b)

Duties.

(c)

Statistical and epidemiological compilations and surveys.

(d)

Technical aid to States and localities.

(e)

Cooperative Health Statistics System.

(f)

Federal-State cooperation.

(g)

Collection of health data; data collection forms.

(h)

Registration area records.

(i)

Technical assistance in effective use of statistics.

(j)

Coordination of health statistical and epidemiological activities.

(k)

National Committee on Vital and Health Statistics; establishment; membership; term of office; compensation; functions; consultations of Secretary with Committee and professional advisory groups.

(l)

Data specific to particular ethnic and racial populations.

(m)

Grants for assembly and analysis of data on ethnic and racial populations.

(n)

Authorization of appropriations.

242l.
International cooperation.

        

(a)

Cooperative endeavors; statement of purpose.

(b)

Authority of Secretary; building construction prohibition.

(c)

Benefits for overseas assignees.

242m.
General provisions respecting effectiveness, efficiency, and quality of health services.

        

(a)

Reports to Congress and President; preparation; review by Office of Management and Budget.

(b)

Grants or contracts; applications, submittal; application peer review group, findings and recommendations; necessity of favorable recommendation; appointments.

(c)

Development and dissemination of statistics.

(d)

Information; publication restrictions.

(e)

Payment procedures; advances or reimbursement; installments; conditions; reductions.

(f)

Contracts without regard to section 3324 of title 31 and section 5 of title 41.

242n.
Repealed.
242o.
Health conferences; publication of health educational information.
242p.
National disease prevention data profile.
242q.
Task Force on Aging Research; establishment and duties.

        

(a)

Establishment.

(b)

Duties.

(c)

Provision of information to public.

242q–1.
Membership.

        

(a)

Composition.

(b)

Chair.

(c)

Quorum.

(d)

Meetings.

(e)

Compensation and expenses.

242q–2.
Administrative staff and support.
242q–3.
Reports.

        

(a)

In general.

(b)

Availability to public.

242q–4.
Definitions.
242q–5.
Authorization of appropriations.

        

Part B—Federal-State Cooperation

243.
General grant of authority for cooperation.

        

(a)

Enforcement of quarantine regulations; prevention of communicable diseases.

(b)

Comprehensive and continuing planning; training of personnel for State and local health work; fees.

(c)

Development of plan to control epidemics and meet emergencies or problems resulting from disasters; cooperative planning; temporary assistance; reimbursement of United States.

244 to 245a.
Repealed.
246.
Grants and services to States.

        

(a)

Comprehensive health planning and services.

(b)

Project grants for areawide health planning; authorization of appropriations; prerequisites for grants; application; contents.

(c)

Project grants for training, studies, and demonstrations; authorization of appropriations.

246a.
Bureau of State Services management fund; establishment; advancements; availability.
247.
Omitted.
247a.
Family support groups for Alzheimer's disease patients.

        

(a)

Establishment; priorities.

(b)

National network to coordinate groups.

247b.
Project grants for preventive health services.

        

(a)

Grant authority.

(b)

Application.

(c)

Approval; annual project review.

(d)

Amount of grant; payment.

(e)

Reduction.

(f)

Recordkeeping; audit authority.

(g)

Use of grant funds; mandatory treatment prohibited.

(h)

Reports.

(i)

Technical assistance.

(j)

Authorization of appropriations.

(k)

Additional grants to States, political subdivisions, and other public and nonprofit private entities.

247b–1.
Screenings, referrals, and education regarding lead poisoning.

        

(a)

Authority for grants.

(b)

Status as medicaid provider.

(c)

Priority in making grants.

(d)

Grant application.

(e)

Relationship to services and activities under other programs.

(f)

Method and amount of payment.

(g)

Supplies, equipment, and employee detail.

(h)

Records.

(i)

Audit and examination of records.

(j)

Annual report.

(k)

Indian tribes.

(l)

Funding.

(m)

Guidelines for standardized reporting.

247b–2.
Repealed.
247b–3.
Education, technology assessment, and epidemiology regarding lead poisoning.

        

(a)

Prevention.

(b)

Technology assessment and epidemiology.

247b–3a.
Training and reports by the Health Resources and Services Administration.

        

(a)

Training.

(b)

Report.

(c)

Authorization of appropriations.

247b–4.
National Center on Birth Defects and Developmental Disabilities.

        

(a)

In general.

(b)

Additional provisions regarding collection of data.

(c)

Grants and contracts.

(d)

Biennial report.

(e)

Applicability of privacy laws.

(f)

Authorization of appropriations.

247b–4a.
Early detection, diagnosis, and interventions for newborns and infants with hearing loss.

        

(a)

Definitions.

(b)

Purposes.

(c)

Statewide newborn and infant hearing screening, evaluation and intervention programs and systems.

(d)

Technical assistance, data management, and applied research.

(e)

Coordination and collaboration.

(f)

Rule of construction.

(g)

Authorization of appropriations.

247b–4b.
Developmental disabilities surveillance and research programs.

        

(a)

National autism and pervasive developmental disabilities surveillance program.

(b)

Centers of excellence in autism and pervasive developmental disabilities epidemiology.

(c)

Clearinghouse.

(d)

Definition.

(e)

Authorization of appropriations.

247b–4c.
Information and education.

        

(a)

In general.

(b)

Stipends.

(c)

Authorization of appropriations.

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

        

(a)

Establishment.

(b)

Membership.

(c)

Administrative support; terms of service; other provisions.

247b–4e.
Report to Congress.
247b–5.
Preventive health measures with respect to prostate cancer.

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Education on significance of early detection.

(d)

Requirement of provision of all services by date certain.

(e)

Additional required agreements.

(f)

Reports to Secretary.

(g)

Description of intended uses of grant.

(h)

Requirement of submission of application.

(i)

Method and amount of payment.

(j)

Technical assistance and provision of supplies and services in lieu of grant funds.

(k)

“Units of local government” defined.

(l)

Authorization of appropriations.

247b–6.
Preventive health services regarding tuberculosis.

        

(a)

In general.

(b)

Research, demonstration projects, education, and training.

(c)

Cooperation with providers of primary health services.

(d)

Application for grant.

(e)

Supplies and services in lieu of grant funds.

(f)

Advisory Council.

(g)

Funding.

247b–7.
Loan repayment program.

        

(a)

In general.

(b)

Applicability of certain provisions.

(c)

Authorization of appropriations.

(d)

Availability of appropriations.

247b–8.
Fellowship and training programs.
247b–9.
Diabetes in children and youth.

        

(a)

Surveillance on juvenile diabetes.

(b)

Type 2 diabetes in youth.

(c)

Authorization of appropriations.

247b–10.
Compilation of data on asthma.

        

(a)

In general.

(b)

Surveillance activities.

(c)

Collaborative efforts.

(d)

Authorization of appropriations.

247b–11.
Effects of folic acid in prevention of birth defects.

        

(a)

In general.

(b)

Consultations with States and private entities.

(c)

Technical assistance.

(d)

Evaluations.

(e)

Authorization of appropriations.

247b–12.
Safe motherhood.

        

(a)

Surveillance.

(b)

Prevention research.

(c)

Prevention programs.

(d)

Authorization of appropriations.

247b–13.
Prenatal and postnatal health.

        

(a)

In general.

(b)

Grants.

(c)

Authorization of appropriations.

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

        

(a)

Grants to increase resources for community water fluoridation.

(b)

Community water fluoridation.

(c)

School-based dental sealant program.

(d)

Definitions.

(e)

Authorization of appropriations.

247b–14a.
Identification of interventions that reduce the burden and transmission of oral, dental, and craniofacial diseases in high risk populations; development of approaches for pediatric oral and craniofacial assessment.

        

(a)

In general.

(b)

Compliance with State practice laws.

(c)

Authorization of appropriations.

247b–15.
Surveillance and education regarding hepatitis C virus.

        

(a)

In general.

(b)

Laboratory procedures.

(c)

Authorization of appropriations.

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

        

(a)

Authority to make grants.

(b)

Coordination with other children's programs.

(c)

Performance measures.

(d)

Authorization of appropriations.

247b–17.
Human papillomavirus.

        

(a)

Surveillance.

(b)

Prevention activities; education program.

(c)

HPV education and prevention.

247b–18.
Surveillance and research regarding muscular dystrophy.

        

(a)

In general.

(b)

National muscular dystrophy epidemiology program.

(c)

Coordination with centers of excellence.

(d)

Authorization of appropriations.

247b–19.
Information and education.

        

(a)

In general.

(b)

Stipends.

(c)

Authorization of appropriations.

247c.
Sexually transmitted diseases; prevention and control projects and programs.

        

(a)

Technical assistance to public and nonprofit private entities and scientific institutions.

(b)

Research, demonstration, and public information and education projects.

(c)

Project grants to States.

(d)

Grants for innovative, interdisciplinary approaches.

(e)

Authorization of appropriations; terms and conditions; payments; recordkeeping; audit; grant reduction; information disclosure.

(f)

Consent of individuals.

247c–1.
Infertility and sexually transmitted diseases.

        

(a)

In general.

(b)

Authority regarding individual diseases.

(c)

Authorized activities.

(d)

Requirement of availability of all services through each grantee.

(e)

Required providers regarding certain services.

(f)

Quality assurance regarding screening for diseases.

(g)

Confidentiality.

(h)

Limitation on imposition of fees for services.

(i)

Limitations on certain expenditures.

(j)

Reports to Secretary.

(k)

Maintenance of effort.

(l)

Requirement of application.

(m)

Duration of grant.

(n)

Technical assistance, and supplies and services in lieu of grant funds.

(o)

Evaluations and reports by Secretary.

(p)

Coordination of Federal programs.

(q)

Authorization of appropriations.

(r)

Separate grants for research on delivery of services.

247c–2.
Data collection regarding programs under subchapter XXIV.
247d.
Public health emergencies.

        

(a)

Emergencies.

(b)

Public Health Emergency Fund.

(c)

Supplement not supplant.

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

        

(a)

Capacities.

(b)

Supplement not supplant.

(c)

Technical assistance.

(d)

Authorization of appropriations.

247d–2.
Assessment of public health needs.

        

(a)

Program authorized.

(b)

Procedure.

(c)

Report.

(d)

Supplement not supplant.

(e)

Authorization of appropriations.

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

        

(a)

Program authorized.

(b)

Eligible entities.

(c)

Use of funds.

(d)

Report.

(e)

Supplement not supplant.

(f)

Authorization of appropriations.

247d–4.
Revitalizing the Centers for Disease Control and Prevention.

        

(a)

Findings.

(b)

Authorization of appropriations.

247d–5.
Combating antimicrobial resistance.

        

(a)

Task force.

(b)

Research and development of new antimicrobial drugs and diagnostics.

(c)

Education of medical and public health personnel.

(d)

Grants.

(e)

Grants for demonstration programs.

(f)

Supplement not supplant.

(g)

Authorization of appropriations.

247d–6.
Public health countermeasures to a bioterrorist attack.

        

(a)

Working group on preparedness for acts of bioterrorism.

(b)

Working group on the public health and medical consequences of bioterrorism.

(c)

Grants.

(d)

Federal assistance.

(e)

Education.

(f)

Future resource development.

(g)

General Accounting Office report.

(h)

Supplement not supplant.

(i)

Authorization of appropriations.

247d–7.
Demonstration program to enhance bioterrorism training, coordination, and readiness.

        

(a)

In general.

(b)

Eligible entities.

(c)

Specific criteria.

(d)

Duration of award.

(e)

Supplement not supplant.

(f)

General Accounting Office report.

(g)

Authorization of appropriations.

247d–8.
Coordinated program to improve pediatric oral health.

        

(a)

In general.

(b)

Grants.

(c)

Distribution.

(d)

Authorization of appropriations.

Part C—Hospitals, Medical Examinations, and Medical Care

247e.
Gillis W. Long Hansen's Disease Center.

        

(a)

Care and treatment.

(b)

Additional sites authorized.

(c)

Agency designated by Secretary.

(d)

Payments to Board of Health of Hawaii.

248.
Control and management of hospitals; furnishing prosthetic and orthopedic devices; transfer of patients; disposal of articles produced by patients; disposal of money and effects of deceased patients; payment of burial expenses.
248a.
Closing or transfer of hospitals; reduction of services; Congressional authorization required.
248b.
Transfer or financial self-sufficiency of public health service hospitals and clinics.

        

(a)

Deadline for closure, transfer, or financial self-sufficiency.

(b)

Proposals for transfer or financial self-sufficiency.

(c)

Evaluation of proposals.

(d)

Rejection or approval of proposal.

(e)

Establishment of identifiable administrative unit.

(f)

Finding of financial self-sufficiency.

248c, 248d.
Repealed.
249.
Medical care and treatment of quarantined and detained persons.

        

(a)

Persons entitled to treatment.

(b)

Temporary treatment in emergency cases.

(c)

Authorization for outside treatment.

250.
Medical care and treatment of Federal prisoners.
250a.
Transfer of appropriations.
251.
Medical examination and treatment of Federal employees; medical care at remote stations.
252.
Medical examination of aliens.
253.
Medical services to Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

        

(a)

Persons entitled to medical services.

(b)

Health care for involuntarily separated officers and dependents.

(c)

Examination of personnel of Service assigned to Coast Guard or National Oceanic and Atmospheric Administration.

253a.
Medical services to retired personnel of National Oceanic and Atmospheric Administration.

        

(a)

Eligibility.

(b)

Treatment of dependents of personnel.

(c)

Identification.

253b.
Former Lighthouse Service employees; medical service eligibility.
254.
Interdepartmental work.
254a.
Sharing of medical care facilities and resources.

        

(a)

Definitions.

(b)

Statement of purpose; agreements or arrangements; reciprocity; reimbursement; credits.

Part D—Primary Health Care

subpart i—health centers

254b.
Health centers.

        

(a)

“Health center” defined.

(b)

Definitions.

(c)

Planning grants.

(d)

Managed care loan guarantee program.

(e)

Operating grants.

(f)

Infant mortality grants.

(g)

Migratory and seasonal agricultural workers.

(h)

Homeless population.

(i)

Residents of public housing.

(j)

Applications.

(k)

Technical and other assistance.

(l)

Authorization of appropriations.

(m)

Memorandum of agreement.

(n)

Records.

(o)

Delegation of authority.

(p)

Special consideration.

(q)

Audits.

254c.
Rural health outreach, network development, and telemedicine grant program.

        

(a)

Administration.

(b)

Grants.

(c)

Eligible networks.

(d)

Preference.

(e)

Use of funds.

(f)

Term of grants.

(g)

Authorization of appropriations.

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

        

(a)

Grants.

(b)

Use of grants or contracts.

(c)

Advisory Council.

(d)

Advisory Council functions.

(e)

Omitted.

(f)

Authorization of appropriation.

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

        

(a)

In general.

(b)

Funding.

254c–3.
Special diabetes programs for Indians.

        

(a)

In general.

(b)

Services through Indian health facilities.

(c)

Funding.

254c–4.
Centers for strategies on facilitating utilization of preventive health services among various populations.

        

(a)

In general.

(b)

Research and training.

(c)

Priority regarding infants and children.

(d)

Authorization of appropriations.

254c–5.
Epilepsy; seizure disorder.

        

(a)

National public health campaign.

(b)

Seizure disorder; demonstration projects in medically underserved areas.

(c)

Definitions.

(d)

Authorization of appropriations.

254c–6.
Certain services for pregnant women.

        

(a)

Infant adoption awareness.

(b)

Application for grant.

(c)

Authorization of appropriations.

254c–7.
Special needs adoption programs; public awareness campaign and other activities.

        

(a)

Special needs adoption awareness campaign.

(b)

National resources program.

(c)

Other programs.

(d)

Application for grant.

(e)

Funding.

254c–8.
Healthy start for infants.

        

(a)

In general.

(b)

Requirements for making grants.

(c)

Coordination.

(d)

Rule of construction.

(e)

Additional services for at-risk pregnant women and infants.

(f)

Funding.

254c–9.
Establishment of program of grants.

        

(a)

In general.

(b)

Recipients of grants.

(c)

Certain activities.

(d)

Integration with other programs.

254c–10.
Certain requirements.
254c–11.
Technical assistance.
254c–12.
Definitions.
254c–13.
Authorization of appropriations.

        

subpart ii—national health service corps program

254d.
National Health Service Corps.

        

(a)

Establishment; composition; purpose; definitions.

(b)

Recruitment and fellowship programs.

(c)

Travel expenses; persons entitled; reimbursement; limitation.

(d)

Monthly pay adjustments of members directly engaged in delivery of health services in health professional shortage area; “monthly pay” defined; monthly pay adjustment of member with service obligation incurred under Scholarship Program or Loan Repayment Program; personnel system applicable.

(e)

Employment ceiling of Department not affected by Corps members.

(f)

Assignment of personnel provisions inapplicable to members whose service obligation incurred under Scholarship Program or Loan Repayment Program.

(g)

Conversion from Corps member to commissioned officer; retirement credits.

(h)

Effective administration of program.

(i)

Definitions.

254e.
Health professional shortage areas.

        

(a)

Designation by Secretary; removal from areas designated; “medical facility” defined.

(b)

Criteria for designation of health professional shortage areas; promulgation of regulations.

(c)

Considerations in determination of designation.

(d)

Designation; publication of descriptive lists.

(e)

Notice of proposed designation of areas and facilities; time for comment.

(f)

Notice of designation.

(g)

Recommendations to Secretary.

(h)

Public information programs in designated areas.

254f.
Corps personnel.

        

(a)

Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications.

(b)

Corps member income assurances; grants respecting sufficiency of financial resources.

(c)

Assignment of members without regard to ability of area to pay for services.

(d)

Entities entitled to aid; forms of assistance; coordination of efforts; agreements for assignment of Corps members; qualified entity.

(e)

Practice within State by Corps member.

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

        

(a)

In general.

(b)

Exclusive factors for determining greatest shortages.

(c)

Establishment of criteria for determining priorities.

(d)

Notifications regarding priorities.

(e)

Limitation on number of entities offered as assignment choices in Scholarship Program.

(f)

Applicable period regarding priorities.

254g.
Cost sharing.

        

(a)

Charges for services; collection of payments; payment to United States; calculation of payments; annual report.

(b)

Waiver of payment; use of funds.

(c)

Excess funds.

(d)

Charge for services; reduced rate; no charge.

(e)

Deposit of funds in Treasury as miscellaneous receipts; appropriations unaffected.

(f)

Small health centers.

254h.
Provision of health services by Corps members.

        

(a)

Means of delivery of services; cooperation with other health care providers.

(b)

Utilization of existing health facilities; lease, acquisition, and use of equipment and supplies; permanent and temporary professional services.

(c)

Loan; purposes; limitations.

(d)

Property and equipment disposal; fair market value; sale at less than full market value.

(e)

Admitting privileges denied to Corps member by hospital; notice and hearing; denial of Federal funds for violation; “hospital” defined.

254h–1.
Facilitation of effective provision of Corps services.

        

(a)

Consideration of individual characteristics of members in making assignments.

(b)

Counseling on service in Corps.

(c)

Grants regarding preparation of students for practice.

(d)

Assistance in establishing local professional relationships.

(e)

Temporary relief from Corps duties.

(f)

Determinations regarding effective service.

254i.
Annual report to Congress; contents.
254j.
National Advisory Council on National Health Service Corps.

        

(a)

Establishment; appointment of members.

(b)

Term of members; compensation; expenses.

(c)

Termination.

254k.
Authorization of appropriations.

        

subpart iii—scholarship program and loan repayment program

254l.
National Health Service Corps Scholarship Program.

        

(a)

Establishment.

(b)

Eligibility; application; written contract.

(c)

Review and evaluation of information and forms by prospective applicant.

(d)

Factors considered in providing contracts; priorities.

(e)

Commencement of participation in Scholarship Program; notice.

(f)

Written contract; contents.

(g)

Scholarship provisions; contract with educational institution; increase in monthly stipend.

(h)

Employment ceiling of Department unaffected.

254l–1.
National Health Service Corps Loan Repayment Program.

        

(a)

Establishment.

(b)

Eligibility.

(c)

Information to be included with application and contract forms; understandability; availability.

(d)

Factors considered in providing contracts; priorities.

(e)

Approval required for participation.

(f)

Contents of contracts.

(g)

Payments.

(h)

Employment ceiling.

254m.
Obligated service under contract.

        

(a)

Service in full-time clinical practice.

(b)

Notice to individual; information for informed decision; eligibility; notice to Secretary; qualification and appointment as commissioned officer; appointment as civilian member; designation of non-United States employee as member; deferment of obligated service.

(c)

Obligated service period; commencement.

(d)

Assignment of personnel.

(e)

Service under National Research Service Award program; credits against obligated service time.

254n.
Private practice.

        

(a)

Application for release of obligations; conditions.

(b)

Written agreement; fee rates; ability to pay; health insurance; regulations; actions to ensure compliance.

(c)

Breach of service contract.

(d)

Travel expenses.

(e)

Sale of equipment and supplies.

(f)

Malpractice insurance.

(g)

Technical assistance.

254o.
Breach of scholarship contract or loan repayment contract.

        

(a)

Failure to maintain academic standing; dismissal from institution; voluntary termination; liability; failure to accept payment.

(b)

Failure to commence or complete service obligations; formula to determine liability; payment to United States; recovery of delinquent damages; disclosure to credit reporting agencies.

(c)

Failure to commence or complete service obligations for other reasons; determination of liability; payment to United States; waiver of recovery for extreme hardship or good cause shown.

(d)

Cancellation of obligation upon death of individual; waiver or suspension of obligation for impossibility, hardship, or unconscionability; release of debt by discharge in bankruptcy, time limitations.

254o–1.
Fund regarding use of amounts recovered for contract breach to replace services lost as result of breach.

        

(a)

Establishment of Fund.

(b)

Authorization of appropriations to Fund.

(c)

Use of Fund.

(d)

Investment.

254p.
Special loans for former Corps members to enter private practice.

        

(a)

Persons entitled; conditions.

(b)

Amount of loan; maximum interest rate.

(c)

Application for loan; submission and approval; interest rates and repayment terms.

(d)

Breach of agreement; notice; determination of liability.

254q.
Report and authorization of appropriations.

        

(a)

Omitted.

(b)

Funding.

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

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Coordination with Federal program.

(d)

Restrictions on use of funds.

(e)

Reports.

(f)

Requirement of application.

(g)

Noncompliance.

(h)

“State” defined.

(i)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Requirement of matching funds.

(c)

Certain required activities.

(d)

Requirement regarding annual budget for office.

(e)

Certain uses of funds.

(f)

Reports.

(g)

Requirement of application.

(h)

Noncompliance.

(i)

“State” defined.

(j)

Authorization of appropriations.

(k)

Termination of program.

254s.
Native Hawaiian Health Scholarships.

        

(a)

Eligibility.

(b)

Terms and conditions.

(c)

“Native Hawaiian” defined.

(d)

Authorization of appropriations.

254t.
Demonstration grants to States for community scholarship programs.

        

(a)

In general.

(b)

Certain requirements for States.

(c)

Grants by States to community organizations for provision of scholarship contracts.

(d)

Requirement of State and local matching funds.

(e)

Specifications regarding scholarship contract.

(f)

Reports to Secretary.

(g)

Estimates regarding allocations between urban and rural areas.

(h)

Requirement of application.

(i)

Noncompliance.

(j)

Reports to Congress.

(k)

Definitions.

(l)

Funding.

subpart iv—home health services

255.
Home health services.

        

(a)

Purpose; authorization of grants and loans; considerations; conditions on loans; appropriations.

(b)

Grants and contracts for training programs for paraprofessionals; considerations; applications; appropriations.

(c)

Report to Congress with respect to grants and loans and training of personnel.

(d)

“Home health services” defined.

subpart v—health services for the homeless

256.
Repealed.

        

subpart vi—health services for residents of public housing

256a.
Repealed.

        

subpart vii—drug pricing agreements

256b.
Limitation on prices of drugs purchased by covered entities.

        

(a)

Requirements for agreement with Secretary.

(b)

Other definitions.

(c)

References to Social Security Act.

(d)

Compliance with requirements.

subpart viii—bulk purchases of vaccines for certain programs

256c.
Bulk purchases of vaccines for certain programs.

        

(a)

Agreements for purchases.

(b)

Negotiation of prices.

(c)

Authority of Secretary.

(d)

Rule of construction.

256d.
Breast and cervical cancer information.

        

(a)

In general.

(b)

Certain authorities.

(c)

Relevant entities.

subpart ix—support of graduate medical education programs in children's hospitals

256e.
Program of payments to children's hospitals that operate graduate medical education programs.

        

(a)

Payments.

(b)

Amount of payments.

(c)

Amount of payment for direct graduate medical education.

(d)

Amount of payment for indirect medical education.

(e)

Making of payments.

(f)

Authorization of appropriations.

(g)

Definitions.

Part E—Narcotic Addicts and Other Drug Abusers

257 to 261a. Repealed or Transferred.

        

Part F—Licensing of Biological Products and Clinical Laboratories

subpart 1—biological products

262.
Regulation of biological products.

        

(a)

Biologics license.

(b)

Falsely labeling or marking package or container; altering label or mark.

(c)

Inspection of establishment for propagation and preparation.

(d)

Recall of product presenting imminent hazard; violations.

(e)

Interference with officers.

(f)

Penalties for offenses.

(g)

Construction with other laws.

(h)

Exportation of partially processed biological products.

(i)

“Biological product” defined.

(j)

Application of Federal Food, Drug, and Cosmetic Act.

263.
Preparation of biological products by Service.

        

subpart 2—clinical laboratories

263a.
Certification of laboratories.

        

(a)

“Laboratory” or “clinical laboratory” defined.

(b)

Certificate requirement.

(c)

Issuance and renewal of certificates.

(d)

Requirements for certificates.

(e)

Accreditation.

(f)

Standards.

(g)

Inspections.

(h)

Intermediate sanctions.

(i)

Suspension, revocation, and limitation.

(j)

Injunctions.

(k)

Judicial review.

(l)

Sanctions.

(m)

Fees.

(n)

Information.

(o)

Delegation.

(p)

State laws.

(q)

Consultations.

263a–1.
Assisted reproductive technology programs.

        

(a)

In general.

(b)

Pregnancy success rates.

(c)

Consultation.

263a–2.
Certification of embryo laboratories.

        

(a)

In general.

(b)

Distribution.

(c)

Requirements.

(d)

Standards.

(e)

Certification under State programs.

(f)

Use of accreditation organizations.

(g)

Inspections.

(h)

Validation inspections.

(i)

Limitation.

(j)

Term.

263a–3.
Accreditation organizations.

        

(a)

Approval of accreditation organizations.

(b)

Criteria and procedures.

(c)

Evaluations.

(d)

Transition.

263a–4.
Certification revocation and suspension.

        

(a)

In general.

(b)

Effect.

263a–5.
Publication.
263a–6.
Fees.
263a–7.
Definitions.

        

subpart 3—mammography facilities

263b.
Certification of mammography facilities.

        

(a)

Definitions.

(b)

Certificate requirement.

(c)

Issuance and renewal of certificates.

(d)

Application for certificate.

(e)

Accreditation.

(f)

Quality standards.

(g)

Inspections.

(h)

Sanctions.

(i)

Suspension and revocation.

(j)

Injunctions.

(k)

Judicial review.

(l)

Information.

(m)

State laws.

(n)

National Advisory Committee.

(o)

Consultations.

(p)

Breast cancer screening surveillance research grants.

(q)

State program.

(r)

Funding.

Part G—Quarantine and Inspection

264.
Regulations to control communicable diseases.

        

(a)

Promulgation and enforcement by Surgeon General.

(b)

Apprehension, detention, or conditional release of individuals.

(c)

Application of regulations to persons entering from foreign countries.

(d)

Apprehension and examination of persons reasonably believed to be infected.

265.
Suspension of entries and imports from designated places to prevent spread of communicable diseases.
266.
Special quarantine powers in time of war.
267.
Quarantine stations, grounds, and anchorages.

        

(a)

Control and management.

(b)

Hours of inspection.

(c)

Overtime pay for employees of Service.

(d)

Payment of extra compensation to United States; bond or deposit to assure payment; deposit of moneys to credit of appropriation.

268.
Quarantine duties of consular and other officers.
269.
Bills of health.

        

(a)

Detail of medical officer; conditions precedent to issuance; consular officer to receive fees.

(b)

Collectors of customs to receive originals; duplicate copies as part of ship's papers.

(c)

Regulations to secure sanitary conditions of vessels.

(d)

Vessels from ports near frontier.

(e)

Compliance with regulations.

270.
Quarantine regulations governing civil air navigation and civil aircraft.
271.
Penalties for violation of quarantine laws.

        

(a)

Penalties for persons violating quarantine laws.

(b)

Penalties for vessels violating quarantine laws.

(c)

Remittance or mitigation of forfeitures.

272.
Administration of oaths by quarantine officers.

        

Part H—Organ Transplants

273.
Organ procurement organizations.

        

(a)

Grant authority of Secretary.

(b)

Qualified organizations.

274.
Organ procurement and transplantation network.

        

(a)

Contract authority of Secretary; limitation; available appropriations.

(b)

Functions.

(c)

Consideration of critical comments.

274a.
Scientific registry.
274b.
General provisions respecting grants and contracts.

        

(a)

Application requirement.

(b)

Special considerations and priority; planning and establishment grants.

(c)

Determination of grant amount; terms of payment; recordkeeping; access for purposes of audits and examination of records.

(d)

“Transplant center” and “organ” defined.

274c.
Administration.
274d.
Report.
274e.
Prohibition of organ purchases.

        

(a)

Prohibition.

(b)

Penalties.

(c)

Definitions.

274f.
Study by General Accounting Office.

        

(a)

In general.

(b)

Report.

274g.
Authorization of appropriations.

        

Part I—National Bone Marrow Donor Registry

274k.
National Registry.

        

(a)

Establishment.

(b)

Functions.

(c)

Recruitment; priorities; information and education.

(d)

Patient advocacy; case management.

(e)

Criteria, standards, and procedures.

(f)

Comment procedures.

(g)

Consultation.

(h)

Application.

(i)

Eligibility.

(j)

Records.

(k)

Penalties for disclosure.

(l)

Annual report regarding pretransplant costs.

274l.
Bone marrow scientific registry.

        

(a)

Establishment of recipient registry.

(b)

Information.

(c)

Annual report on patient outcomes.

274m.
Authorization of appropriations.
275 to 280a–1.
Repealed.

        

Part J—Prevention and Control of Injuries

280b.
Research.
280b–1.
Prevention and control activities.
280b–1a.
Interpersonal violence within families and among acquaintances.
280b–1b.
Prevention of traumatic brain injury.

        

(a)

In general.

(b)

Certain activities.

(c)

Coordination of activities.

(d)

“Traumatic brain injury” defined.

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

        

(a)

Permitted use.

(b)

Collection and dissemination of information on sexual assault.

(c)

Authorization of appropriations.

(d)

Limitations.

280b–1d.
National program for traumatic brain injury registries.
280b–2.
General provisions.

        

(a)

Advisory committee.

(b)

Technical assistance.

(c)

Biennial report.

280b–3.
Authorization of appropriations.

        

Part K—Health Care Services in the Home

subpart i—grants for demonstration projects

280c.
Establishment of program.

        

(a)

In general.

(b)

Requirement with respect to age of recipients of services.

(c)

Relationship to items and services under other programs.

280c–1.
Limitation on duration of grant and requirement of matching funds.

        

(a)

Limitation on duration of grant.

(b)

Requirement of matching funds.

(c)

Determination of amount of non-Federal contribution.

280c–2.
General provisions.

        

(a)

Limitation on administrative expenses.

(b)

Description of intended use of grant.

(c)

Requirement of application.

(d)

Evaluations and report by Secretary.

(e)

Authorizations of appropriations.

subpart ii—grants for demonstration projects with respect to alzheimer's disease

280c–3.
Establishment of program.

        

(a)

In general.

(b)

Requirement with respect to certain expenditures.

(c)

Relationship to items and services under other programs.

280c–4.
Requirement of matching funds.

        

(a)

Requirement of matching funds.

(b)

Determination of amount of non-Federal contribution.

280c–5.
General provisions.

        

(a)

Limitation on administrative expenses.

(b)

Description of intended use of grant.

(c)

Requirement of application.

(d)

Evaluations and report by Secretary.

(e)

Authorizations of appropriations.

subpart iii—grants for home visiting services for at-risk families

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

        

(a)

In general.

(b)

Home visiting services for eligible families.

(c)

Considerations in making grants.

(d)

Federal share.

(e)

Rule of construction regarding at-risk births.

(f)

Delivery of services and case management.

(g)

Outreach.

(h)

Confidentiality.

(i)

Certain assurances.

(j)

Submission to Secretary of certain information.

(k)

Limitation regarding administrative expenses.

(l)

Restrictions on use of grant.

(m)

Reports to Secretary.

(n)

Requirement of application.

(o)

Peer review.

(p)

Evaluations.

(q)

Definitions.

(r)

Authorization of appropriations.

Part L—[Repealed]

280d.
Transferred.
280d–11.
Transferred.

        

Part M—National Program of Cancer Registries

280e.
National program of cancer registries.

        

(a)

In general.

(b)

Matching funds.

(c)

Eligibility for grants.

(d)

Relationship to certain programs.

(e)

Requirement regarding certain study on breast cancer.

280e–1.
Planning grants regarding registries.

        

(a)

In general.

(b)

Application.

280e–2.
Technical assistance in operations of statewide cancer registries.
280e–3.
Study in certain States to determine factors contributing to elevated breast cancer mortality rates.

        

(a)

In general.

(b)

Relevant States.

(c)

Cooperation of State.

(d)

Planning, commencement, and duration.

(e)

Report.

280e–4.
Authorization of appropriations.

        

(a)

Registries.

(b)

Breast cancer study.

Part N—National Foundation for the Centers for Disease Control and Prevention

280e–11.
Establishment and duties of Foundation.

        

(a)

In general.

(b)

Purpose of Foundation.

(c)

Endowment fund.

(d)

Certain activities of Foundation.

(e)

General structure of Foundation; nonprofit status.

(f)

Board of directors.

(g)

Certain responsibilities of executive director.

(h)

General provisions.

(i)

Federal funding.

(j)

Committee for establishment of Foundation.

Part O—Fetal Alcohol Syndrome Prevention and Services Program

280f.
Establishment of Fetal Alcohol Syndrome prevention and services program.

        

(a)

Fetal Alcohol Syndrome prevention, intervention, and services delivery program.

(b)

Grants and technical assistance.

(c)

Dissemination of criteria.

(d)

National Task Force.

280f–1.
Eligibility.
280f–2.
Authorization of appropriations.

        

(a)

In general.

(b)

Task Force.

280f–3.
Sunset provision.

        

Part P—Additional Programs

280g.
Children's asthma treatment grants program.

        

(a)

Authority to make grants.

(b)

Coordination with other children's programs.

(c)

Evaluation.

(d)

Authorization of appropriations.

280g–1.
Early detection, diagnosis, and treatment regarding hearing loss in infants.

        

(a)

Statewide newborn and infant hearing screening, evaluation and intervention programs and systems.

(b)

Technical assistance, data management, and applied research.

(c)

Coordination and collaboration.

(d)

Rule of construction; religious accommodation.

(e)

Definitions.

(f)

Authorization of appropriations.

280g–2.
Childhood malignancies.

        

(a)

In general.

(b)

Certain activities.

(c)

Coordination of activities.

(d)

Definition.

(e)

Authorization of appropriations.

Part Q—Programs To Improve the Health of Children

280h.
Grants to promote childhood nutrition and physical activity.

        

(a)

In general.

(b)

Eligibility.

(c)

Use of funds.

(d)

Technical assistance.

(e)

Limitation on administrative costs.

(f)

Term.

(g)

Definition.

(h)

Authorization of appropriations.

280h–1.
Applied research program.

        

(a)

In general.

(b)

Authorization of appropriations.

280h–2.
Education campaign.

        

(a)

In general.

(b)

Authorization of appropriations.

280h–3.
Health professional education and training.

        

(a)

In general.

(b)

Authorization of appropriations.

SUBCHAPTER III—NATIONAL RESEARCH INSTITUTES

Part A—National Institutes of Health

281.
Organization of National Institutes of Health.

        

(a)

Agency of Public Health Service.

(b)

Agencies within.

(c)

Establishment of additional national research institutes; reorganization or abolition of institutes.

(d)

“National research institute” defined.

282.
Director of National Institutes of Health.

        

(a)

Appointment.

(b)

Duties and authority.

(c)

Availability of substances and organisms for research.

(d)

Services of experts or consultants; number; payment of expenses, conditions, recovery.

(e)

Dissemination of research information.

(f)

Associate Director for Prevention; functions.

(g)

Enhancing competitiveness of certain entities in obtaining research funds.

(h)

Increased participation of women and disadvantaged individuals in biomedical and behavioral research.

(i)

Discretionary fund; uses; report to Congressional committees; authorization of appropriations.

(j)

Data bank of information on clinical trials for drugs for serious or life-threatening diseases and conditions.

(k)

Day care for children of employees.

(l)

Interagency research on trauma.

283.
Biennial report of Director to President and Congress; contents.
283a.
Establishment of program regarding DES.

        

(a)

In general.

(b)

Education programs.

(c)

Longitudinal studies.

(d)

Exposure to DES in utero.

(e)

Authorization of appropriations.

283b.
Repealed.
283c.
Office of Behavioral and Social Sciences Research.
283d.
Children's Vaccine Initiative.

        

(a)

Development of new vaccines.

(b)

Report.

(c)

Authorization of appropriations.

283e.
Plan for use of animals in research.

        

(a)

Preparation.

(b)

Submission to Congressional committees.

(c)

Periodic review and revision.

(d)

Dissemination of information.

(e)

Interagency Coordinating Committee on the Use of Animals in Research.

283f.
Requirements regarding surveys of sexual behavior.
283g.
Muscular dystrophy; initiative through Director of National Institutes of Health.

        

(a)

Expansion, intensification, and coordination of activities.

(b)

Centers of excellence.

(c)

Facilitation of research.

(d)

Coordinating Committee.

(e)

Plan for HHS activities.

(f)

Reports to Congress.

(g)

Public input.

(h)

Authorization of appropriations.

Part B—General Provisions Respecting National Research Institutes

284.
Directors of national research institutes.

        

(a)

Appointment.

(b)

Duties and authority; grants, contracts, and cooperative agreements.

(c)

Coordination with other public and private entities; cooperation with other national research institutes; appointment of additional peer review groups.

284a.
Advisory councils.

        

(a)

Establishment; acceptance of conditional gifts; functions.

(b)

Membership; compensation.

(c)

Term of office; reappointment; vacancy.

(d)

Chairman; term of office.

(e)

Meetings.

(f)

Appointment of executive secretary; training and orientation for new members.

(g)

Comments and recommendations for inclusion in biennial report; additional reports.

(h)

Advisory councils in existence; application of section to National Cancer Advisory Board and advisory council to National Heart, Lung, and Blood Institute.

284b.
Biennial report.
284c.
Certain uses of funds.
284d.
Definitions.

        

(a)

Health service research.

(b)

Clinical research.

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

        

(a)

Establishment.

(b)

Coordination.

(c)

Information clearinghouse.

(d)

Authorization of appropriations.

284f.
Parkinson's disease.

        

(a)

In general.

(b)

Inter-institute coordination.

(c)

Morris K. Udall research centers.

(d)

Morris K. Udall Awards for Excellence in Parkinson's Disease Research.

(e)

Authorization of appropriations.

284g.
Expansion, intensification, and coordination of activities of National Institutes of Health with respect to research on autism.

        

(a)

In general.

(b)

Centers of excellence.

(c)

Facilitation of research.

(d)

Public input.

(e)

Funding.

284h.
Pediatric Research Initiative.

        

(a)

Establishment.

(b)

Purpose.

(c)

Duties.

(d)

Authorization.

(e)

Transfer of funds.

284i.
Autoimmune diseases.

        

(a)

Expansion, intensification, and coordination of activities.

(b)

Coordinating Committee.

(c)

Plan for NIH activities.

(d)

Reports to Congress.

(e)

Authorization of appropriations.

284j.
Muscular dystrophy research.

        

(a)

Coordination of activities.

(b)

Administration of program; collaboration among agencies.

(c)

Authorization of appropriations.

284k.
Clinical research.

        

(a)

In general.

(b)

Requirements.

(c)

Support for the diverse needs of clinical research.

(d)

Peer review.

284l.
Enhancement awards.

        

(a)

Mentored Patient-Oriented Research Career Development Awards.

(b)

Mid-Career Investigator Awards in Patient-Oriented Research.

(c)

Graduate Training in Clinical Investigation Award.

(d)

Clinical Research Curriculum Awards.

284m.
Program for pediatric studies of drugs.

        

(a)

List of drugs for which pediatric studies are needed.

(b)

Contracts for pediatric studies.

(c)

Process for contracts and labeling changes.

(d)

Authorization of appropriations.

Part C—Specific Provisions Respecting National Research Institutes

subpart 1—national cancer institute

285.
Purpose of Institute.
285a.
National Cancer Program.
285a–1.
Cancer control programs.
285a–2.
Special authorities of Director.

        

(a)

Information and education program.

(b)

National Cancer Program.

(c)

Pre-clinical models to evaluate promising pediatric cancer therapies.

285a–3.
National cancer research and demonstration centers.

        

(a)

Cooperative agreements and grants for establishing and supporting.

(b)

Uses for Federal payments under cooperative agreements or grants.

(c)

Period of support; additional periods.

285a–4.
President's Cancer Panel; establishment, membership, etc., functions.
285a–5.
Associate Director for Prevention; appointment; function.
285a–6.
Breast and gynecological cancers.

        

(a)

Expansion and coordination of activities.

(b)

Coordination with other institutes.

(c)

Programs for breast cancer.

(d)

Other cancers.

(e)

Report.

285a–7.
Prostate cancer.

        

(a)

Expansion and coordination of activities.

(b)

Coordination with other institutes.

(c)

Programs.

285a–8.
Authorization of appropriations.

        

(a)

Activities generally.

(b)

Breast cancer and gynecological cancers.

(c)

Prostate cancer.

(d)

Allocation regarding cancer control.

285a–9.
Grants for education, prevention, and early detection of radiogenic cancers and diseases.

        

(a)

Definition.

(b)

In general.

(c)

Indian Health Service.

(d)

Grant and contract authority.

(e)

Health coverage unaffected.

(f)

Report to Congress.

(g)

Authorization of appropriations.

subpart 2—national heart, lung, and blood institute

285b.
Purpose of Institute.
285b–1.
Heart, blood vessel, lung, and blood disease prevention and control programs.
285b–2.
Information and education.
285b–3.
National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program; administrative provisions.
285b–4.
National research and demonstration centers.

        

(a)

Heart, blood vessel, lung, blood diseases, and blood resources; utilization of centers for prevention programs.

(b)

Sickle cell anemia.

(c)

Cooperative agreements and grants for establishing and supporting; uses for Federal payments; period of support, additional periods.

285b–5.
Repealed.
285b–6.
Associate Director for Prevention; appointment; function.
285b–7.
National Center on Sleep Disorders Research.

        

(a)

Establishment.

(b)

Purpose.

(c)

Sleep Disorders Research Advisory Board.

(d)

Development of comprehensive research plan; revision.

(e)

Collection and dissemination of information.

285b–7a.
Heart attack, stroke, and other cardiovascular diseases in women.

        

(a)

In general.

(b)

Coordination with other institutes.

(c)

Certain programs.

(d)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Representation of the Department of Housing and Urban Development.

(c)

Authorization of appropriations.

285b–8.
Authorization of appropriations.

        

subpart 3—national institute of diabetes and digestive and kidney diseases

285c.
Purpose of Institute.
285c–1.
Data systems and information clearinghouses.

        

(a)

National Diabetes Data System and National Diabetes Clearinghouse.

(b)

National Digestive Diseases Data System and National Digestive Diseases Information Clearinghouse.

(c)

National Kidney and Urologic Diseases Data System and National Kidney and Urologic Diseases Information Clearinghouse.

285c–2.
Division Directors for Diabetes, Endocrinology, and Metabolic Diseases, Digestive Diseases and Nutrition, and Kidney, Urologic, and Hematologic Diseases; functions.
285c–3.
Interagency coordinating committees.

        

(a)

Establishment and purpose.

(b)

Membership; chairman; meetings.

(c)

Annual report.

285c–4.
Advisory boards.

        

(a)

Establishment.

(b)

Membership; ex officio members.

(c)

Compensation.

(d)

Term of office; vacancy.

(e)

Chairman.

(f)

Executive director; professional and clerical staff; administrative support services and facilities.

(g)

Meetings.

(h)

Functions of National Diabetes Advisory Board and National Digestive Diseases Advisory Board.

(i)

Subcommittees; establishment and membership.

(j)

Termination of predecessor boards; time within which to appoint members.

285c–5.
Research and training centers; development or expansion.

        

(a)

Diabetes mellitus and related endocrine and metabolic diseases.

(b)

Digestive diseases and related functional, congenital, metabolic disorders, and normal development of digestive tract.

(c)

Kidney and urologic diseases.

(d)

Nutritional disorders.

(e)

Geographic distribution; period of support, additional periods.

285c–6.
Advisory council subcommittees.
285c–7.
Biennial report.
285c–8.
Nutritional disorders program.

        

(a)

Establishment.

(b)

Support of activities.

(c)

Dissemination of information.

285c–9.
Juvenile diabetes.

        

(a)

Long-term epidemiology studies.

(b)

Clinical trial infrastructure/innovative treatments for juvenile diabetes.

(c)

Prevention of type 1 diabetes.

(d)

Authorization of appropriations.

subpart 4—national institute of arthritis and musculoskeletal and skin diseases

285d.
Purpose of Institute.
285d–1.
National arthritis and musculoskeletal and skin diseases program.

        

(a)

Plan to expand, intensify, and coordinate activities; submission; periodic review and revision.

(b)

Coordination of activities with other national research institutes; minimum activities under program.

(c)

Program to be carried out in accordance with plan.

285d–2.
Research and training.
285d–3.
Data system and information clearinghouse.
285d–4.
Interagency coordinating committees.

        

(a)

Establishment and purpose.

(b)

Membership; chairman; meetings.

285d–5.
Arthritis and musculoskeletal diseases demonstration projects.

        

(a)

Grants for establishment and support.

(b)

Programs included.

(c)

Standardization of patient data and recordkeeping.

285d–6.
Multipurpose arthritis and musculoskeletal diseases centers.

        

(a)

Development, modernization, and operation.

(b)

Duties and functions.

(c)

Optional programs.

(d)

Geographical distribution.

(e)

Period of support; additional periods.

(f)

Treatment and rehabilitation of children.

285d–6a.
Lupus.

        

(a)

In general.

(b)

Coordination with other institutes.

(c)

Programs for lupus.

(d)

Authorization of appropriations.

285d–7.
Advisory Board.

        

(a)

Establishment.

(b)

Membership; ex officio members.

(c)

Compensation.

(d)

Term of office; vacancy.

(e)

Chairman.

(f)

Executive director, professional and clerical staff; administrative support services and facilities.

(g)

Meetings.

(h)

Duties and functions.

(i)

Subcommittees; establishment and membership.

(j)

Annual report.

(k)

Termination of predecessor board; time within which to appoint members.

285d–8.
Juvenile arthritis and related conditions.

        

(a)

Expansion and coordination of activities.

(b)

Coordination.

(c)

Authorization of appropriations.

subpart 5—national institute on aging

285e.
Purpose of Institute.
285e–1.
Special functions.

        

(a)

Education and training of adequate numbers of personnel.

(b)

Scientific studies.

(c)

Public information and education programs.

(d)

Grants for research relating to Alzheimer's Disease.

285e–2.
Alzheimer's Disease centers.

        

(a)

Cooperative agreements and grants for establishing and supporting.

(b)

Use of Federal payments under cooperative agreement or grant.

(c)

Support period; additional periods.

285e–3.
Claude D. Pepper Older Americans Independence Centers.

        

(a)

Development and expansion of centers.

(b)

Functions of centers.

(c)

Geographic distribution of centers.

(d)

“Independence” defined.

285e–4.
Awards for leadership and excellence in Alzheimer's disease and related dementias.

        

(a)

Senior researchers in biomedical research.

(b)

Eligible centers.

(c)

Required recommendation.

(d)

Selection procedures.

(e)

Term of award; renewal.

285e–5.
Research relevant to appropriate services for individuals with Alzheimer's disease and related dementias and their families.

        

(a)

Grants for research.

(b)

Preparation of plan; contents; revision.

(c)

Consultation for preparation and revision of plan.

(d)

Grants for promoting independence and preventing secondary disabilities.

(e)

“Council on Alzheimer's Disease” defined.

285e–6.
Dissemination of research results.
285e–7.
Clearinghouse on Alzheimer's Disease.

        

(a)

Establishment; purpose; duties; publication of summary.

(b)

Fee for information.

(c)

Summaries of research findings from other agencies.

285e–8.
Dissemination project.

        

(a)

Grant or contract for establishment.

(b)

Project activities.

(c)

Fees for information; exception.

(d)

Application for grant or contract; contents.

285e–9.
Alzheimer's disease registry.

        

(a)

In general.

(b)

Qualifications.

285e–10.
Aging processes regarding women.
285e–10a.
Alzheimer's clinical research and training awards.

        

(a)

In general.

(b)

Support of promising clinicians.

(c)

Excellence in certain fields.

(d)

Authorization of appropriations.

285e–11.
Authorization of appropriations.

        

subpart 6—national institute of allergy and infectious diseases

285f.
Purpose of Institute.
285f–1.
Research centers regarding chronic fatigue syndrome.
285f–2.
Research and research training regarding tuberculosis.
285f–3.
Sexually transmitted disease clinical research and training awards.

        

(a)

In general.

(b)

Support of promising clinicians.

(c)

Excellence in certain fields.

(d)

Authorization of appropriations.

subpart 7—national institute of child health and human development

285g.
Purpose of Institute.
285g–1.
Sudden infant death syndrome research.
285g–2.
Mental retardation research.
285g–3.
Associate Director for Prevention; appointment; function.
285g–4.
National Center for Medical Rehabilitation Research.

        

(a)

Establishment of Center.

(b)

Purpose.

(c)

Authority of Director.

(d)

Research Plan.

(e)

Medical Rehabilitation Coordinating Committee.

(f)

National Advisory Board on Medical Rehabilitation Research.

285g–5.
Research centers with respect to contraception and infertility.

        

(a)

Grants and contracts.

(b)

Number of centers.

(c)

Duties.

(d)

Coordination of information.

(e)

Facilities.

(f)

Period of support.

(g)

Authorization of appropriations.

285g–6.
Program regarding obstetrics and gynecology.
285g–7.
Child health research centers.
285g–8.
Prospective longitudinal study on adolescent health.

        

(a)

In general.

(b)

Design of study.

(c)

Coordination with Women's Health Initiative.

285g–9.
Fragile X.

        

(a)

Expansion and coordination of research activities.

(b)

Research centers.

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

        

(a)

Enhanced support.

(b)

Authorization.

subpart 8—national institute of dental research

285h.
Purpose of Institute.

        

subpart 9—national eye institute

285i.
Purpose of Institute.
285i–1.
Clinical research on eye care and diabetes.

        

(a)

Program of grants.

(b)

Use of funds.

(c)

Authorized expenditures.

subpart 10—national institute of neurological disorders and stroke

285j.
Purpose of Institute.
285j–1.
Spinal cord regeneration research.
285j–2.
Bioengineering research.
285j–3.
Research on multiple sclerosis.

        

subpart 11—national institute of general medical sciences

285k.
Purpose of Institute.

        

subpart 12—national institute of environmental health sciences

285l.
Purpose of Institute.
285l–1.
Applied Toxicological Research and Testing Program.
285l–2.
Definitions.
285l–3.
Interagency Coordinating Committee on the Validation of Alternative Methods.

        

(a)

In general.

(b)

Purposes.

(c)

Composition.

(d)

Scientific Advisory Committee.

(e)

Duties.

285l–4.
Federal agency action.

        

(a)

Identification of tests.

(b)

Alternatives.

(c)

Test method validation.

(d)

Review.

(e)

Recommendation adoption.

285l–5.
Application.

        

(a)

Application.

(b)

Use of test methods.

(c)

Limitation.

(d)

Submission of tests and data.

subpart 13—national institute on deafness and other communication disorders

285m.
Purpose of Institute.
285m–1.
National Deafness and Other Communication Disorders Program.
285m–2.
Data System and Information Clearinghouse.
285m–3.
Multipurpose deafness and other communication disorders center.

        

(a)

Development, modernization and operation; “modernization” defined.

(b)

Use of facilities; qualifications.

(c)

Requisite programs.

(d)

Stipends.

(e)

Discretionary programs.

(f)

Equitable geographical distribution; needs of elderly and children.

(g)

Period of support; recommended extensions of peer review group.

285m–4.
National Institute on Deafness and Other Communication Disorders Advisory Board.

        

(a)

Establishment.

(b)

Composition; qualifications; appointed and ex officio members.

(c)

Compensation.

(d)

Term of office; vacancies.

(e)

Chairman.

(f)

Personnel; executive director; professional and clerical staff members; consultants; information and administrative support services and facilities.

(g)

Meetings.

(h)

Functions.

(i)

Subcommittee activities; workshops and conferences; collection of data.

(j)

Annual report.

(k)

Commencement of existence.

285m–5.
Interagency Coordinating Committee.

        

(a)

Establishment.

(b)

Functions.

(c)

Composition.

(d)

Chairman; meetings.

(e)

Annual report; recipients of report.

285m–6.
Limitation on administrative expenses.

        

subpart 14—national institute on alcohol abuse and alcoholism

285n.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Funding.

285n–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Biennial report.

285n–2.
National Alcohol Research Centers; mandatory grant for research of effects of alcohol on elderly.

        

(a)

Designation; procedures applicable for approval of applications.

(b)

Annual grants; amount; limitation on uses.

subpart 15—national institute on drug abuse

285o.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Funding.

285o–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Report.

285o–2.
Drug Abuse Research Centers.

        

(a)

Authority.

(b)

Grants.

(c)

Methamphetamine research.

285o–3.
Office on AIDS.
285o–4.
Medication Development Program.

        

(a)

Establishment.

(b)

Duties.

(c)

Report.

(d)

“Pharmacotherapeutics” defined.

(e)

Authorization of appropriations.

subpart 16—national institute of mental health

285p.
Purpose of Institute.

        

(a)

In general.

(b)

Research program.

(c)

Collaboration.

(d)

Information with respect to suicide.

(e)

Associate Director for Special Populations.

(f)

Funding.

285p–1.
Associate Director for Prevention.

        

(a)

In general.

(b)

Report.

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

        

(a)

In general.

(b)

Coordination of activities.

(c)

Research, demonstrations, evaluations, and dissemination.

(d)

Authority regarding grants and contracts.

(e)

Report to Congress.

285p–3.
Office on AIDS.

        

subpart 17—national institute of nursing research

285q.
Purpose of Institute.
285q–1.
Specific authorities.
285q–2.
Advisory council.

        

(a)

Appointment; functions and duties; acceptance of conditional gifts; subcommittees.

(b)

Membership; ex officio members; compensation.

(c)

Term of office; vacancy; reappointment.

(d)

Chairman; selection; term of office.

(e)

Meetings.

(f)

Executive secretary; staff; orientation and training for new members.

(g)

Material for inclusion in biennial report; additional reports.

285q–3.
Biennial report.

        

subpart 18—national institute of biomedical imaging and bioengineering

285r.
Purpose of the Institute.

        

(a)

In general.

(b)

National Biomedical Imaging and Bioengineering Program.

(c)

Membership.

(d)

Authorization of appropriations.

Part D—National Library of Medicine

subpart 1—general provisions

286.
National Library of Medicine.

        

(a)

Purpose and establishment.

(b)

Functions.

(c)

Exchange, destruction, or disposal of materials not needed.

(d)

Availability of publications, materials, facilities, or services; prescription of rules.

(e)

Regional medical libraries; establishment.

(f)

Acceptance and administration of gifts; memorials.

(g)

“Medicine” and “medical” defined.

286a.
Board of Regents.

        

(a)

Membership; ex officio members.

(b)

Recommendations on matters of policy; recommendations included in annual report; use of services of members by Secretary.

(c)

Term of office; vacancy; reappointment.

286a–1.
Library facilities.
286a–2.
Authorization of appropriations.

        

subpart 2—financial assistance

286b.
Repealed.
286b–1.
Definitions.
286b–2.
National Medical Libraries Assistance Advisory Board.

        

(a)

Board of Regents of National Library of Medicine to serve as.

(b)

Functions.

(c)

Use of services of members by Secretary.

(d)

Compensation.

286b–3.
Grants for training in medical library sciences.
286b–4.
Assistance for projects in sciences related to health, for research and development in medical library science, and for development of education technologies.

        

(a)

Compilation of existing and original writings on health.

(b)

Medical library science and related activities.

(c)

Development of education technologies.

286b–5.
Grants for establishing, expanding, and improving basic resources of medical libraries and related instrumentalities.
286b–6.
Grants and contracts for establishment of regional medical libraries.

        

(a)

Existing public or private nonprofit medical libraries.

(b)

Uses for grants and contracts.

(c)

Conditions.

(d)

Basic resources materials; limitation on grant or contract.

286b–7.
Financial support of biomedical scientific publications.
286b–8.
Grant payments, records, and audit.

        

subpart 3—national center for biotechnology information

286c.
Purpose, establishment, functions, and funding of National Center for Biotechnology Information.

        

(a)

Establishment.

(b)

Functions.

subpart 4—national information center on health services research and health care technology

286d.
National Information Center.

        

(a)

Establishment.

(b)

Purpose.

(c)

Electronic, convenient format; criteria for inclusion.

(d)

Coordination with Director of the Agency for Healthcare Research and Quality.

Part E—Other Agencies of NIH

subpart 1—national center for research resources

287.
General purpose.
287a.
Advisory council.

        

(a)

Appointment; functions and duties; acceptance of conditional gifts; subcommittees.

(b)

Membership; ex officio members; compensation.

(c)

Term of office; vacancy; reappointment.

(d)

Chairman; selection; term of office.

(e)

Meetings.

(f)

Executive secretary; staff; orientation and training for new members.

(g)

Material for inclusion in biennial report; additional reports.

(h)

Advisory council in existence on November 20, 1985.

287a–1.
Biennial report.
287a–2.
Biomedical and behavioral research facilities.

        

(a)

Modernization and construction of facilities.

(b)

Scientific and technical review boards for merit-based review of proposals.

(c)

Requirements for grants.

(d)

Requirement of application.

(e)

Amount of grant; payments.

(f)

Recapture of payments.

(g)

Guidelines.

(h)

Report to Congress.

(i)

Authorization of appropriations.

287a–3.
Construction of regional centers for research on primates.
287a–3a.
Sanctuary system for surplus chimpanzees.

        

(a)

In general.

(b)

Administration of sanctuary system.

(c)

Acceptance of chimpanzees into system.

(d)

Standards for permanent retirement of surplus chimpanzees.

(e)

Award of contract for operation of system.

(f)

Definitions.

(g)

Funding.

287a–4.
General clinical research centers.

        

(a)

Grants.

(b)

Activities.

(c)

Authorization of appropriations.

subpart 2—john e. fogarty international center for advanced study in health sciences

287b.
General purpose.

        

subpart 3—national center for human genome research

287c.
Purpose of Center.

        

(a)

General purpose.

(b)

Research training.

(c)

Amount available for ethical and legal issues.

subpart 4—office of dietary supplements

287c–11.
Dietary supplements.

        

(a)

Establishment.

(b)

Purpose.

(c)

Duties.

(d)

“Dietary supplement” defined.

(e)

Authorization of appropriations.

subpart 5—national center for complementary and alternative medicine

287c–21.
Purpose of Center.

        

(a)

In general.

(b)

Advisory council.

(c)

Complement to conventional medicine.

(d)

Appropriate scientific expertise and coordination with institutes and Federal agencies.

(e)

Evaluation of various disciplines and systems.

(f)

Ensuring high quality, rigorous scientific review.

(g)

Data system; information clearinghouse.

(h)

Research centers.

(i)

Availability of resources.

(j)

Availability of appropriations.

subpart 6—national center on minority health and health disparities

287c–31.
Purpose of Center.

        

(a)

In general.

(b)

Priorities.

(c)

Minority health disparities research.

(d)

Health disparity populations.

(e)

Coordination of activities.

(f)

Collaborative comprehensive plan and budget.

(g)

Participation in clinical research.

(h)

Research endowments.

(i)

Certain activities.

(j)

Advisory council.

(k)

Annual report.

(l)

Authorization of appropriations.

287c–32.
Centers of excellence for research education and training.

        

(a)

In general.

(b)

Required use of funds.

(c)

Centers of excellence.

(d)

Duration of grant.

(e)

Maintenance of effort.

(f)

Certain expenditures.

(g)

Definitions.

(h)

Authorization of appropriations.

287c–33.
Loan repayment program for minority health disparities research.

        

(a)

In general.

(b)

Service provisions.

(c)

Requirement regarding health disparity populations.

(d)

Priority.

(e)

Funding.

287c–34.
General provisions regarding the Center.

        

(a)

Administrative support for Center.

(b)

Evaluation and report.

Part F—Research on Women's Health

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

        

(a)

Establishment.

(b)

Purpose.

(c)

Coordinating Committee.

(d)

Advisory Committee.

(e)

Representation of women among researchers.

(f)

Definitions.

287d–1.
National data system and clearinghouse on research on women's health.

        

(a)

Data system.

(b)

Clearinghouse.

287d–2.
Biennial report.

        

(a)

In general.

(b)

Inclusion in biennial report of Director of NIH.

Part G—Awards and Training

288.
National Research Service Awards.

        

(a)

Biomedical and behavioral research and research training; programs and institutions included; restriction; special consideration.

(b)

Prerequisites for Award; review and approval by appropriate advisory councils; Award period; uses for Award; payments to non-Federal public or nonprofit private institutions.

(c)

Health research or teaching; service period; recovery upon noncompliance with service requirement, formula; cancellation or waiver of obligation.

(d)

Authorization of appropriations; apportionment.

288–1.
Loan repayment program for research with respect to acquired immune deficiency syndrome.

        

(a)

In general.

(b)

Applicability of certain provisions.

(c)

Authorization of appropriations.

288–2.
Loan repayment program for research with respect to contraception and infertility.

        

(a)

Establishment.

(b)

Contracts, obligated service, breach of contract.

(c)

Availability of funds.

288–3.
Loan repayment program for research generally.

        

(a)

In general.

(b)

Applicability of certain provisions.

288–4.
Undergraduate scholarship program regarding professions needed by National Research Institutes.

        

(a)

Establishment of program.

(b)

Facilitation of interest of students in careers at National Institutes of Health.

(c)

Period of obligated service.

(d)

Provisions regarding scholarship.

(e)

Penalties for breach of scholarship contract.

(f)

Requirement of application.

(g)

Availability of authorization of appropriations.

288–5.
Loan repayment program regarding clinical researchers from disadvantaged backgrounds.

        

(a)

Implementation of program.

(b)

Availability of authorization of appropriations.

288–5a.
Loan repayment program regarding clinical researchers.

        

(a)

In general.

(b)

Application of provisions.

(c)

Funding.

288–6.
Pediatric research loan repayment program.

        

(a)

In general.

(b)

Application of other provisions.

(c)

Funding.

288a.
Visiting Scientist Awards.
288b.
Studies respecting biomedical and behavioral research personnel.

        

(a)

Scope of undertaking.

(b)

Arrangement with National Academy of Sciences or other nonprofit private groups or associations.

Part H—General Provisions

289.
Institutional review boards; ethics guidance program.
289a.
Peer review requirements.

        

(a)

Applications for biomedical and behavioral research grants, cooperative agreements, and contracts; regulations.

(b)

Periodic review of research at National Institutes of Health.

(c)

Compliance with requirements for inclusion of women and minorities in clinical research.

289a–1.
Certain provisions regarding review and approval of proposals for research.

        

(a)

Review as precondition to research.

(b)

Ethical review of research.

289a–2.
Inclusion of women and minorities in clinical research.

        

(a)

Requirement of inclusion.

(b)

Inapplicability of requirement.

(c)

Design of clinical trials.

(d)

Guidelines.

(e)

Date certain for guidelines; applicability.

(f)

Reports by advisory councils.

(g)

Definitions.

289b.
Office of Research Integrity.

        

(a)

In general.

(b)

Existence of administrative processes as condition of funding for research.

(c)

Process for response of Director.

(d)

Monitoring by Director.

(e)

Protection of whistleblowers.

289b–1.
Protection against financial conflicts of interest in certain projects of research.

        

(a)

Issuance of regulations.

(b)

Relevant projects.

(c)

Identifying and reporting to Secretary.

(d)

Monitoring of process.

(e)

Response.

(f)

Definitions.

289c.
Research on public health emergencies; report to Congressional committees.
289c–1.
Collaborative use of certain health services research funds.
289d.
Animals in research.

        

(a)

Establishment of guidelines.

(b)

Animal care committees; establishment; membership; functions.

(c)

Assurances required in application or contract proposal; reasons for use of animals; notice and comment requirements for promulgation of regulations.

(d)

Failure to meet guidelines; suspension or revocation of grant or contract.

(e)

Disclosure of trade secrets or privileged or confidential information.

289e.
Use of appropriations.
289f.
Gifts and donations; memorials.
289g.
Fetal research.

        

(a)

Conduct or support by Secretary; restrictions.

(b)

Risk standard for fetuses intended to be aborted and fetuses intended to be carried to term to be same.

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

        

(a)

Establishment of program.

(b)

Informed consent of donor.

(c)

Informed consent of researcher and donee.

(d)

Availability of statements for audit.

(e)

Applicability of State and local law.

(f)

Report.

(g)

“Human fetal tissue” defined.

289g–2.
Prohibitions regarding human fetal tissue.

        

(a)

Purchase of tissue.

(b)

Solicitation or acceptance of tissue as directed donation for use in transplantation.

(c)

Criminal penalties for violations.

(d)

Definitions.

289h.
Repealed.
290.
National Institutes of Health Management Fund; establishment; advancements; availability; final adjustments of advances.
290a.
Victims of fire.

        

(a)

Research on burns, burn injuries, and rehabilitation.

(b)

Authorization of appropriations.

Part I—Foundation for the National Institutes of Health

290b.
Establishment and duties of Foundation.

        

(a)

In general.

(b)

Purpose of Foundation.

(c)

Certain activities of Foundation.

(d)

Board of Directors.

(e)

Incorporation.

(f)

Nonprofit status.

(g)

Executive Director.

(h)

Powers.

(i)

Administrative control.

(j)

General provisions.

(k)

Duties of Director.

(l)

Funding.

SUBCHAPTER III–A—SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

Part A—Organization and General Authorities

290aa.
Substance Abuse and Mental Health Services Administration.

        

(a)

Establishment.

(b)

Agencies.

(c)

Administrator and Deputy Administrator.

(d)

Authorities.

(e)

Associate Administrator for Alcohol Prevention and Treatment Policy.

(f)

Associate Administrator for Women's Services.

(g)

Services of experts.

(h)

Peer review groups.

(i)

Voluntary services.

(j)

Administration.

(k)

Report concerning activities and progress.

(l)

Applications for grants and contracts.

(m)

Emergency response.

(n)

Limitation on the use of certain information.

(o)

Authorization of appropriations.

290aa–1.
Advisory councils.

        

(a)

Appointment.

(b)

Membership.

(c)

Terms of office.

(d)

Chair.

(e)

Meetings.

(f)

Executive Secretary and staff.

290aa–2.
Omitted.
290aa–2a.
Report on individuals with co-occurring mental illness and substance abuse disorders.

        

(a)

In general.

(b)

Report content.

(c)

Funds for report.

290aa–3.
Peer review.

        

(a)

In general.

(b)

Members.

(c)

Advisory council review.

(d)

Conditions.

290aa–3a.
Transferred.
290aa–4.
Data collection.

        

(a)

Requirement of annual collection of data on mental illness and substance abuse.

(b)

Requisite areas of data collection on mental health.

(c)

Requisite areas of data collection on substance abuse.

(d)

Development of uniform criteria for data collection.

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

        

(a)

In general.

(b)

Preferences.

(c)

Services for certain individuals.

(d)

Term of the awards.

(e)

Authorization of appropriations.

290aa–5a.
Alcohol and drug prevention or treatment services for Indians and Native Alaskans.

        

(a)

In general.

(b)

Priority.

(c)

Duration.

(d)

Application.

(e)

Evaluation.

(f)

Report.

(g)

Authorization of appropriations.

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

        

(a)

Authority.

(b)

Use of funds.

(c)

Use of funds.

(d)

Allocation and report.

(e)

Authorization of appropriations.

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

        

Part B—Centers and Programs

subpart 1—center for substance abuse treatment

290bb.
Center for Substance Abuse Treatment.

        

(a)

Establishment.

(b)

Duties.

(c)

Grants and contracts.

290bb–1.
Residential treatment programs for pregnant and postpartum women.

        

(a)

In general.

(b)

Availability of services for each participant.

(c)

Individualized plan of services.

(d)

Required supplemental services.

(e)

Minimum qualifications for receipt of award.

(f)

Requirement of matching funds.

(g)

Outreach.

(h)

Accessibility of program; cultural context of services.

(i)

Continuing education.

(j)

Imposition of charges.

(k)

Reports to Director.

(l)

Requirement of application.

(m)

Equitable allocation of awards.

(n)

Duration of award.

(o)

Evaluations; dissemination of findings.

(p)

Reports to Congress.

(q)

Definitions.

(r)

Authorization of appropriations.

290bb–1a.
Transferred.
290bb–2.
Priority substance abuse treatment needs of regional and national significance.

        

(a)

Projects.

(b)

Priority substance abuse treatment needs.

(c)

Requirements.

(d)

Evaluation.

(e)

Information and education.

(f)

Authorization of appropriation.

290bb–2a.
Medical treatment of narcotics addiction; report to Congress.
290bb–3 to 290bb–5. Repealed.
290bb–6.
Action by Center for Substance Abuse Treatment and States concerning military facilities.

        

(a)

Center for Substance Abuse Treatment.

(b)

States.

(c)

Reservation of space.

290bb–7.
Substance abuse treatment services for children and adolescents.

        

(a)

In general.

(b)

Priority.

(c)

Duration of grants.

(d)

Application.

(e)

Evaluation.

(f)

Authorization of appropriations.

290bb–8.
Early intervention services for children and adolescents.

        

(a)

In general.

(b)

Priority.

(c)

Condition.

(d)

Duration of grants.

(e)

Application.

(f)

Evaluation.

(g)

Authorization of appropriations.

290bb–9.
Methamphetamine and amphetamine treatment initiative.

        

(a)

Grants.

(b)

Geographic distribution.

(c)

Additional activities.

(d)

Authorization of appropriations.

subpart 2—center for substance abuse prevention

290bb–21.
Office for Substance Abuse Prevention.

        

(a)

Establishment; Director.

(b)

Duties of Director.

(c)

Grants, contracts and cooperative agreements.

(d)

National data base.

290bb–22.
Priority substance abuse prevention needs of regional and national significance.

        

(a)

Projects.

(b)

Priority substance abuse prevention needs.

(c)

Requirements.

(d)

Evaluation.

(e)

Information and education.

(f)

Authorization of appropriation.

290bb–23.
Prevention, treatment, and rehabilitation model projects for high risk youth.

        

(a)

Grants to public and nonprofit private entities.

(b)

Priority of projects.

(c)

Strategies for reducing use.

(d)

Regionally equal distribution of grants.

(e)

Application for grants.

(f)

Evaluation of projects.

(g)

“High risk youth” defined.

(h)

Authorization of appropriations.

290bb–24.
Repealed.
290bb–25.
Grants for services for children of substance abusers.

        

(a)

Establishment.

(b)

Services for children of substance abusers.

(c)

Services for affected families.

(d)

Training for providers of services to children and families.

(e)

Eligible entities.

(f)

Federal share.

(g)

Restrictions on use of grant.

(h)

Submission to Secretary of certain information.

(i)

Reports to Secretary.

(j)

Requirement of application.

(k)

Evaluations.

(l)

Report to Congress.

(m)

Data collection.

(n)

Definitions.

(o)

Authorization of appropriations.

290bb–25a.
Grants for strengthening families.

        

(a)

Program authorized.

(b)

Priority.

(c)

Duration of grants.

(d)

Use of funds.

(e)

Application.

(f)

Matching funding.

(g)

Report to Secretary.

(h)

Evaluations.

(i)

High-risk families.

(j)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Eligibility requirements.

(c)

Evaluation.

(d)

Geographical distribution.

(e)

Duration of award.

(f)

Authorization of appropriations.

290bb–25c.
Services for individuals with fetal alcohol syndrome.

        

(a)

In general.

(b)

Use of funds.

(c)

Requirements.

(d)

Relationship to payments under other programs.

(e)

Duration of awards.

(f)

Evaluation.

(g)

Funding.

290bb–25d.
Centers of excellence on services for individuals with fetal alcohol syndrome and alcohol-related birth defects and treatment for individuals with such conditions and their families.

        

(a)

In general.

(b)

Use of funds.

(c)

Report.

(d)

Duration of awards.

(e)

Evaluation.

(f)

Authorization of appropriations.

290bb–25e.
Prevention of methamphetamine and inhalant abuse and addiction.

        

(a)

Grants.

(b)

Use of funds.

(c)

Prevention programs and activities.

(d)

Analyses and evaluation.

(e)

Authorization of appropriations.

subpart 3—center for mental health services

290bb–31.
Center for Mental Health Services.

        

(a)

Establishment.

(b)

Duties.

(c)

Grants and contracts.

290bb–32.
Priority mental health needs of regional and national significance.

        

(a)

Projects.

(b)

Priority mental health needs.

(c)

Requirements.

(d)

Evaluation.

(e)

Information and education.

(f)

Authorization of appropriation.

290bb–33.
Repealed.
290bb–34.
Youth interagency research, training, and technical assistance centers.

        

(a)

Program authorized.

(b)

Application.

(c)

Authorized activities.

(d)

Authorization of appropriations.

290bb–35.
Services for youth offenders.

        

(a)

In general.

(b)

Use of funds.

(c)

Application.

(d)

Report.

(e)

Definitions.

(f)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Collaboration.

(c)

Requirements.

(d)

Use of funds.

(e)

Condition.

(f)

Special populations.

(g)

Application.

(h)

Distribution of awards.

(i)

Evaluation.

(j)

Dissemination and education.

(k)

Duration of projects.

(l)

Study.

(m)

Authorization of appropriation.

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

        

(a)

Program authorized.

(b)

Health center.

(c)

Distribution of awards.

(d)

Application.

(e)

Use of funds.

(f)

Evaluation.

(g)

Authorization of appropriations.

290bb–38.
Grants for jail diversion programs.

        

(a)

Program authorized.

(b)

Administration.

(c)

Applications.

(d)

Use of funds.

(e)

Federal share.

(f)

Geographic distribution.

(g)

Training and technical assistance.

(h)

Evaluations.

(i)

Authorization of appropriations.

290bb–39.
Improving outcomes for children and adolescents through services integration between child welfare and mental health services.

        

(a)

In general.

(b)

Duration.

(c)

Application.

(d)

Use of funds.

(e)

Distribution of awards.

(f)

Evaluation.

(g)

Authorization of appropriations.

290bb–40.
Grants for the integrated treatment of serious mental illness and co-occurring substance abuse.

        

(a)

In general.

(b)

Priority.

(c)

Use of funds.

(d)

Condition.

(e)

Distribution of awards.

(f)

Duration.

(g)

Application.

(h)

Evaluation.

(i)

Authorization of appropriation.

290bb–41.
Training grants.

        

(a)

In general.

(b)

Mental illness awareness training grants.

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

        

Part C—Projects for Assistance in Transition From Homelessness

290cc–21.
Formula grants to States.
290cc–22.
Purpose of grants.

        

(a)

In general.

(b)

Specification of services.

(c)

Coordination.

(d)

Special consideration regarding veterans.

(e)

Special rules.

(f)

Administrative expenses.

(g)

Maintenance of effort.

(h)

Restrictions on use of funds.

(i)

Waiver for territories.

290cc–23.
Requirement of matching funds.

        

(a)

In general.

(b)

Determination of amount.

(c)

Limitation regarding grants by States.

290cc–24.
Determination of amount of allotment.

        

(a)

Minimum allotment.

(b)

Determination under formula.

290cc–25.
Conversion to categorical program in event of failure of State regarding expenditure of grants.

        

(a)

In general.

(b)

Specification of funds.

(c)

Requirement of provision of services in State involved.

290cc–26.
Provision of certain information from State.
290cc–27.
Description of intended expenditures of grant.

        

(a)

In general.

(b)

Opportunity for public comment.

(c)

Relationship to State comprehensive mental health services plan.

290cc–28.
Requirement of reports by States.

        

(a)

In general.

(b)

Availability to public of reports.

(c)

Evaluations.

290cc–29.
Requirement of application.
290cc–30.
Technical assistance.
290cc–31.
Failure to comply with agreements.

        

(a)

Repayment of payments.

(b)

Withholding of payments.

(c)

Opportunity for hearing.

(d)

Rule of construction.

290cc–32.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

290cc–33.
Nondiscrimination.

        

(a)

In general.

(b)

Enforcement.

290cc–34.
Definitions.
290cc–35.
Funding.

        

(a)

Authorization of appropriations.

(b)

Effect of insufficient appropriations for minimum allotments.

Part D—Miscellaneous Provisions Relating to Substance Abuse and Mental Health

290dd.
Substance abuse among government and other employees.

        

(a)

Programs and services.

(b)

Deprivation of employment.

(c)

Construction.

290dd–1.
Admission of substance abusers to private and public hospitals and outpatient facilities.

        

(a)

Nondiscrimination.

(b)

Regulations.

290dd–2.
Confidentiality of records.

        

(a)

Requirement.

(b)

Permitted disclosure.

(c)

Use of records in criminal proceedings.

(d)

Application.

(e)

Nonapplicability.

(f)

Penalties.

(g)

Regulations.

(h)

Application to Department of Veterans Affairs.

290dd–3 to 290ee–3. Omitted.

        

Part E—Children With Serious Emotional Disturbances

290ff.
Comprehensive community mental health services for children with serious emotional disturbances.

        

(a)

Grants to certain public entities.

(b)

Considerations in making grants.

(c)

Matching funds.

290ff–1.
Requirements with respect to carrying out purpose of grants.

        

(a)

Systems of comprehensive care.

(b)

Limitation on age of children provided access to system.

(c)

Required mental health services of system.

(d)

Required arrangements regarding other appropriate services.

(e)

General provisions regarding services of system.

(f)

Restrictions on use of grant.

(g)

Waivers.

290ff–2.
Individualized plan for services.

        

(a)

In general.

(b)

Multidisciplinary team.

(c)

Coordination with services under Individuals with Disabilities Education Act.

(d)

Contents of plan.

290ff–3.
Additional provisions.

        

(a)

Optional services.

(b)

Comprehensive plan.

(c)

Limitation on imposition of fees for services.

(d)

Relationship to items and services under other programs.

(e)

Limitation on administrative expenses.

(f)

Reports to Secretary.

(g)

Description of intended uses of grant.

(h)

Requirement of application.

290ff–4.
General provisions.

        

(a)

Duration of support.

(b)

Technical assistance.

(c)

Evaluations and reports by Secretary.

(d)

Definitions.

(e)

Rule of construction.

(f)

Funding.

Part F—Model Comprehensive Program for Treatment of Substance Abuse

290gg.
Repealed.

        

Part G—Projects for Children and Violence

290hh.
Children and violence.

        

(a)

In general.

(b)

Activities.

(c)

Requirements.

(d)

Geographical distribution.

(e)

Duration of awards.

(f)

Evaluation.

(g)

Information and education.

(h)

Authorization of appropriations.

290hh–1.
Grants to address the problems of persons who experience violence related stress.

        

(a)

In general.

(b)

Priorities.

(c)

Geographical distribution.

(d)

Evaluation.

(e)

Duration of awards.

(f)

Authorization of appropriations.

(g)

Short title.

Part H—Requirement Relating to the Rights of Residents of Certain Facilities

290ii.
Requirement relating to the rights of residents of certain facilities.

        

(a)

In general.

(b)

Requirements.

(c)

Current law.

(d)

Definitions.

290ii–1.
Reporting requirement.

        

(a)

In general.

(b)

Facility.

290ii–2.
Regulations and enforcement.

        

(a)

Training.

(b)

Requirements.

(c)

Enforcement.

Part I—Requirement Relating to the Rights of Residents of Certain Non-Medical, Community-Based Facilities for Children and Youth

290jj.
Requirement relating to the rights of residents of certain non-medical, community-based facilities for children and youth.

        

(a)

Protection of rights.

(b)

Requirements.

(c)

Rule of construction.

(d)

Definitions.

290jj–1.
Reporting requirement.
290jj–2.
Regulations and enforcement.

        

(a)

Training.

(b)

Requirements.

(c)

Enforcement.

Part J—Services Provided Through Religious Organizations

290kk.
Applicability to designated programs.

        

(a)

Designated programs.

(b)

Limitation.

(c)

Definitions.

290kk–1.
Religious organizations as program participants.

        

(a)

In general.

(b)

Religious organizations.

(c)

Nondiscrimination against religious organizations.

(d)

Religious character and freedom.

(e)

Employment practices.

(f)

Rights of program beneficiaries.

(g)

Fiscal accountability.

(h)

Compliance.

290kk–2.
Limitations on use of funds for certain purposes.
290kk–3.
Educational requirements for personnel in drug treatment programs.

        

(a)

Findings.

(b)

Nondiscrimination.

SUBCHAPTER IV—CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER MEDICAL FACILITIES

291.
Congressional declaration of purpose.

        

Part A—Grants and Loans for Construction and Modernization of Hospitals and Other Medical Facilities

291a.
Authorization of appropriations.
291b.
State allotments.

        

(a)

Computation for individual States; formulas for both new construction and modernization.

(b)

Minimum allotments.

(c)

Allotment percentages; definitions; determination.

(d)

Availability of allotments in subsequent years.

(e)

Transfer of allotments.

(f)

Request by State to transfer portion of allotment.

291c.
General regulations.

        

(a)

Priority of projects; determination.

(b)

Standards of construction and equipment.

(c)

Criteria for determining needs for beds, hospitals and other facilities; plans for distribution of beds and facilities.

(d)

Criteria for determining need for modernization.

(e)

State plan requirements; assurances necessary for approval of application.

291d.
State plans.

        

(a)

Submission; requirements.

(b)

Approval by Surgeon General; hearing after disapproval.

291e.
Projects for construction or modernization.

        

(a)

Application; contents.

(b)

Approval by Surgeon General; requisites; additional approval by Secretary of Health and Human Services.

(c)

Opportunity for hearing required prior to disapproval.

(d)

Amendments subject to same approval as original applications.

(e)

Outpatient facilities; requirements of applicants.

291f.
Payments for construction or modernization.

        

(a)

Certification of work by Surgeon General; conditions affecting payments.

(b)

Additional payments in cases of amended applications.

(c)

Administration expenses; use of portion of allotments to defray; manner of payment.

291g.
Withholding of payments; noncompliance with requirements.
291h.
Judicial review.

        

(a)

Refusal to approve application; procedure; jurisdiction of court of appeals.

(b)

Conclusiveness of Surgeon General's findings; remand; new or modified findings.

(c)

Review by Supreme Court; stay of Surgeon General's action.

291i.
Recovery of expenditures under certain conditions.

        

(a)

Persons liable.

(b)

Notice to Secretary.

(c)

Amount of recovery; interest; interest period.

(d)

Waiver.

(e)

Lien.

291j.
Loans.

        

(a)

Authorization; conditions.

(b)

Approval; payments to applicants.

(c)

Terms.

(d)

Funds; miscellaneous receipts.

Part B—Loan Guarantees and Loans for Modernization and Construction of Hospitals and Other Medical Facilities

291j–1.
Loan guarantees and loans.

        

(a)

Authority of Secretary.

(b)

Cost limitations.

(c)

Administrative assistance.

291j–2.
Allocation among States.

        

(a)

Allotment regulations.

(b)

Reallotment.

(c)

Time of availability of amounts for subsequent allotment.

(d)

Modernization or construction commenced on or after January 1, 1968.

291j–3.
Applications and conditions.

        

(a)

Contents of applications.

(b)

Conditions for approval.

(c)

Hearing.

(d)

Amendment of approved applications.

(e)

Recovery rights; terms and conditions.

(f)

Incontestable guarantee.

291j–4.
Payment of interest on guaranteed loans.
291j–5.
Limitation on amounts of loans guaranteed or directly made.
291j–6.
Loan guarantee and loan fund.
291j–7.
Loans to public facilities.

        

(a)

Interest rates; security; equitable geographical distribution.

(b)

Sale.

(c)

Agreements.

(d)

Right of recovery; waiver.

(e)

Interest and interest subsidies as gross income under Internal Revenue Code.

(f)

Sales proceeds; deposit and use.

(g)

Authorization of appropriations.

Part C—Construction or Modernization of Emergency Rooms

291j–8.
Authorization of appropriations.
291j–9.
Eligibility for grants.
291j–10.
Payments.

        

Part D—General Provisions

291k.
Federal Hospital Council.

        

(a)

Membership; qualifications.

(b)

Term of membership.

(c)

Meetings; annual or by call of Surgeon General.

(d)

Advisory or technical committees.

291l.
Conference of State agencies.
291m.
State control of operations.
291m–1.
Loans for certain hospital experimentation projects.

        

(a)

Other public or private sources unavailable for alleviation of hardship due to increased construction costs.

(b)

Application; form; information.

(c)

Interest; repayment period.

(d)

Authorization of appropriation.

291n, 291n–1.
Repealed or Omitted.
291o.
Definitions.
291o–1.
Financial statements.

        

SUBCHAPTER V—HEALTH PROFESSIONS EDUCATION

Part A—Student Loans

subpart i–insured health education assistance loans to graduate students

292.
Statement of purpose.
292a.
Scope and duration of loan insurance program.

        

(a)

In general.

(b)

Certain limitations and priorities.

(c)

Authority of Student Loan Marketing Association.

292b.
Limitations on individual insured loans and on loan insurance.

        

(a)

In general.

(b)

Extent of insurance liability.

292c.
Sources of funds.
292d.
Eligibility of borrowers and terms of insured loans.

        

(a)

In general.

(b)

Limitation on rate of interest.

(c)

Minimum annual payment by borrower.

(d)

Applicability of certain laws on rate or amount of interest.

(e)

Determination regarding forbearance.

(f)

Loan repayment schedule.

(g)

Rule of construction regarding determination of need of students.

(h)

Definitions.

292e.
Certificate of loan insurance; effective date of insurance.

        

(a)

In general.

(b)

Authority regarding comprehensive insurance coverage.

(c)

Assignment of insurance rights.

(d)

Effect of refinancing or consolidation of obligations.

(e)

Rule of construction regarding consolidation of debts and refinancing.

292f.
Default of borrower.

        

(a)

Conditions for payment to beneficiary.

(b)

Subrogation.

(c)

Forbearance.

(d)

Reasonable care and diligence regarding loans.

(e)

Definitions.

(f)

Reductions in Federal reimbursements or payments for defaulting borrowers.

(g)

Conditions for discharge of debt in bankruptcy.

(h)

Requirement regarding actions for default.

(i)

Inapplicability of Federal and State statute of limitations on actions for loan collection.

(j)

School collection assistance.

292g.
Risk-based premiums.

        

(a)

Authority.

(b)

Assessment of premium.

(c)

Reduction of risk-based premium.

(d)

Administrative waivers.

(e)

Payoff to reduce risk category.

292h.
Office for Health Education Assistance Loan Default Reduction.

        

(a)

Establishment.

(b)

Purpose and functions.

(c)

Additional duties.

(d)

Allocation of funds for Office.

292i.
Insurance account.

        

(a)

In general.

(b)

Contingent authority for issuance of notes or other obligations.

292j.
Powers and responsibilities of Secretary.

        

(a)

In general.

(b)

Annual budget; accounts.

292k.
Participation by Federal credit unions in Federal, State, and private student loan insurance programs.
292l.
Determination of eligible students.
292m.
Repayment by Secretary of loans of deceased or disabled borrowers.
292n.
Additional requirements for institutions and lenders.

        

(a)

In general.

(b)

Recording by institution of information on students.

(c)

Workshop for student borrowers.

292o.
Definitions.
292p.
Authorization of appropriations.

        

(a)

In general.

(b)

Availability of sums.

subpart ii—federally-supported student loan funds

292q.
Agreements for operation of school loan funds.

        

(a)

Fund agreements.

(b)

Requirements.

(c)

Failure of school to collect loans.

292r.
Loan provisions.

        

(a)

Amount of loan.

(b)

Terms and conditions.

(c)

Repayment; exclusions from repayment period.

(d)

Cancellation of liability.

(e)

Rate of interest.

(f)

Security or endorsement.

(g)

Transferring and assigning loans.

(h)

Charge with respect to insurance for certain cancellations.

(i)

Charge with respect to late payments.

(j)

Authority of schools regarding rate of payment.

(k)

Authority regarding repayments by Secretary.

(l)

Collection efforts by Secretary.

(m)

Elimination of statute of limitation for loan collections.

292s.
Medical schools and primary health care.

        

(a)

Requirements for students.

(b)

Requirements for schools.

(c)

Definitions.

292t.
Individuals from disadvantaged backgrounds.

        

(a)

Fund agreements regarding certain amounts.

(b)

Minimum qualifications for schools.

(c)

Certain agreements regarding education of students; date certain for compliance.

(d)

Availability of other amounts.

(e)

“Disadvantaged” defined.

(f)

Authorization of appropriations.

292u.
Administrative provisions.
292v.
Provision by schools of information to students.

        

(a)

In general.

(b)

Statement regarding loan.

292w.
Procedures for appeal of termination of agreements.
292x.
Distribution of assets from loan funds.

        

(a)

Distribution after termination of fund.

(b)

Payment of proportionate share to Secretary.

292y.
General provisions.

        

(a)

Date certain for applications.

(b)

Contingent reduction in allotments.

(c)

Allotment of excess funds.

(d)

Payment of installments to schools.

(e)

Disposition of funds returned to Secretary.

(f)

Funding for certain medical schools.

Part B—Health Professions Training for Diversity

293.
Centers of excellence.

        

(a)

In general.

(b)

Required use of funds.

(c)

Centers of excellence.

(d)

Designation as center of excellence.

(e)

Authority regarding Native American centers of excellence.

(f)

Duration of grant.

(g)

Definitions.

(h)

Funding.

293a.
Scholarships for disadvantaged students.

        

(a)

In general.

(b)

Preference in providing scholarships.

(c)

Amount of award.

(d)

Definitions.

293b.
Loan repayments and fellowships regarding faculty positions.

        

(a)

Loan repayments.

(b)

Fellowships.

293c.
Educational assistance in the health professions regarding individuals from disadvantaged backgrounds.

        

(a)

In general.

(b)

Requirements for awards.

(c)

Equitable allocation of financial assistance.

(d)

Matching requirements.

293d.
Authorization of appropriation.

        

(a)

Scholarships.

(b)

Loan repayments and fellowships.

(c)

Educational assistance in health professions regarding individuals from disadvantaged backgrounds.

(d)

Report.

293e.
Grants for health professions education.

        

(a)

Grants for health professions education in health disparities and cultural competency.

(b)

Authorization of appropriations.

Part C—Training in Family Medicine, General Internal Medicine, General Pediatrics, Physician Assistants, General Dentistry, and Pediatric Dentistry

293j.
Repealed.
293k.
Family medicine, general internal medicine, general pediatrics, general dentistry, pediatric dentistry, and physician assistants.

        

(a)

Training generally.

(b)

Academic administrative units.

(c)

Priority.

(d)

Duration of award.

(e)

Funding.

293l.
Advisory Committee on Training in Primary Care Medicine and Dentistry.

        

(a)

Establishment.

(b)

Composition.

(c)

Terms.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

FACA.

293m to 293p.
Repealed.

        

Part D—Interdisciplinary, Community-Based Linkages

294.
General provisions.

        

(a)

Collaboration.

(b)

Activities.

294a.
Area health education centers.

        

(a)

Authority for provision of financial assistance.

(b)

Requirements for centers.

(c)

Certain provisions regarding funding.

294b.
Health education and training centers.

        

(a)

In general.

(b)

Allocation of funds.

294c.
Education and training relating to geriatrics.

        

(a)

Geriatric education centers.

(b)

Geriatric training regarding physicians and dentists.

(c)

Geriatric faculty fellowships.

294d.
Quentin N. Burdick program for rural interdisciplinary training.

        

(a)

Grants.

(b)

Use of amounts.

(c)

Applications.

(d)

Definitions.

294e.
Allied health and other disciplines.

        

(a)

In general.

(b)

Activities.

294f.
Advisory Committee on Interdisciplinary, Community-Based Linkages.

        

(a)

Establishment.

(b)

Composition.

(c)

Terms.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

FACA.

294g.
Authorization of appropriations.

        

(a)

In general.

(b)

Allocation.

(c)

Obligation of certain amounts.

Part E—Health Professions and Public Health Workforce

subpart 1—health professions workforce information and analysis

294n.
Health professions workforce information and analysis.

        

(a)

Purpose.

(b)

Grants or contracts.

(c)

Authorization of appropriations.

294o.
Advisory Council on Graduate Medical Education.

        

(a)

Establishment; duties.

(b)

Composition.

(c)

Terms of appointed members.

(d)

Chair.

(e)

Quorum.

(f)

Vacancies.

(g)

Compensation.

(h)

Certain authorities and duties.

(i)

Requirement regarding reports.

(j)

Final report.

(k)

Termination.

(l)

Funding.

294p.
Pediatric rheumatology.

        

(a)

In general.

(b)

Report to Congress.

(c)

Authorization of appropriations.

subpart 2—public health workforce

295.
General provisions.

        

(a)

In general.

(b)

Eligibility.

(c)

Preference.

(d)

Activities.

(e)

Traineeships.

295a.
Public health training centers.

        

(a)

In general.

(b)

Eligible entities.

(c)

Certain requirements.

295b.
Public health traineeships.

        

(a)

In general.

(b)

Certain requirements.

295c.
Preventive medicine; dental public health.

        

(a)

In general.

(b)

Administration.

295d.
Health administration traineeships and special projects.

        

(a)

In general.

(b)

Relevant programs.

(c)

Preference in making grants.

(d)

Certain provisions regarding traineeships.

295e.
Authorization of appropriations.

        

(a)

In general.

(b)

Limitation regarding certain program.

Part F—General Provisions

295j.
Preferences and required information in certain programs.

        

(a)

Preferences in making awards.

(b)

“Graduate” defined.

(c)

Exceptions for new programs.

295k.
Health professions data.

        

(a)

In general.

(b)

Certain authorities and requirements.

(d)

Reports to Congress.

(e)

Requirements regarding personal data.

(g)

Technical assistance.

(h)

Grants and contracts regarding nonprofit entities.

295l.
Repealed.
295m.
Prohibition against discrimination on basis of sex.
295n.
Repealed.
295n–1.
Application.

        

(a)

In general.

(b)

Plan.

(c)

Performance outcome standards.

(d)

Linkages.

295n–2.
Use of funds.

        

(a)

In general.

(b)

Maintenance of effort.

295o.
Matching requirement.
295o–1.
Generally applicable provisions.

        

(a)

Awarding of grants and contracts.

(b)

Eligible entities.

(c)

Information requirements.

(d)

Training programs.

(e)

Duration of assistance.

(f)

Peer review regarding certain programs.

(g)

Preference or priority considerations.

(h)

Analytic activities.

(i)

Osteopathic schools.

295o–2.
Technical assistance.
295p.
Definitions.

        

SUBCHAPTER VI—NURSING WORKFORCE DEVELOPMENT

Part A—General Provisions

296.
Definitions.
296a.
Application.

        

(a)

In general.

(b)

Plan.

(c)

Performance outcome standards.

(d)

Linkages.

296b.
Use of funds.

        

(a)

In general.

(b)

Maintenance of effort.

296c.
Matching requirement.
296d.
Preference.
296e.
Generally applicable provisions.

        

(a)

Awarding of grants and contracts.

(b)

Information requirements.

(c)

Training programs.

(d)

Duration of assistance.

(e)

Peer review regarding certain programs.

(f)

Analytic activities.

(g)

State and regional priorities.

(h)

Filing of applications.

296e–1.
Grants for health professions education.

        

(a)

Grants for health professions education in health disparities and cultural competency.

(b)

Authorization of appropriations.

296f.
Technical assistance.
296g.
Prohibition against discrimination by schools on basis of sex.

        

Part B—Nurse Practitioners, Nurse Midwives, Nurse Anesthetists, and Other Advanced Education Nurses

296j.
Advanced education nursing grants.

        

(a)

In general.

(b)

Definition of advanced education nurses.

(c)

Authorized nurse practitioner and nurse midwifery programs.

(d)

Authorized nurse anesthesia programs.

(e)

Other authorized educational programs.

(f)

Traineeships.

Part C—Increasing Nursing Workforce Diversity

296m.
Workforce diversity grants.

        

(a)

In general.

(b)

Guidance.

(c)

Required information and conditions for award recipients.

Part D—Strengthening Capacity for Basic Nurse Education and Practice

296p.
Basic nurse education and practice grants.

        

(a)

In general.

(b)

Priority areas.

Part E—Student Loans

297a.
Student loan fund.

        

(a)

Agreements to establish and operate fund authorized.

(b)

Provisions of agreements.

(c)

Regulatory standards applicable to collection of loans.

297b.
Loan provisions.

        

(a)

Maximum amount per individual per year; preference to first year students.

(b)

Terms and conditions.

(c)

Cancellation.

(d)

Installments.

(e)

Availability to eligible students in need.

(f)

Penalty for late payment.

(g)

Minimum monthly repayment.

(h)

Loan cancellation.

(i)

Loan repayment.

(j)

Collection by Secretary of loan in default; preconditions and procedures applicable.

(k)

Redesignated (j).

(l)

Elimination of statute of limitation for loan collections.

297c, 297c–1.
Repealed.
297d.
Allotments and payments of Federal capital contributions.

        

(a)

Application for allotment; reduction or adjustment of amount requested in application; reallotment; continued availability of funds.

(b)

Installment payment of allotments.

(c)

Manner of payment.

297e.
Distribution of assets from loan funds.

        

(a)

Capital distribution of balance of loan fund.

(b)

Payment of principal or interest on loans.

(c)

Payment of balance of loan fund.

297f.
Repealed.
297g.
Modification of agreements; compromise, waiver or release.
297h.
Repealed.
297i.
Procedures for appeal of terminations.
297n.
Loan repayment program.

        

(a)

In general.

(b)

Manner of payments.

(c)

Payment by due date.

(d)

Breach of agreement.

(e)

Preferences regarding participants.

(f)

Definitions.

(g)

Authorization of appropriations.

(h)

Breach of agreement.

Part F—Funding

297q.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for fiscal years 1998 through 2002.

(c)

Allocations after fiscal year 2002.

(d)

Use of methodology before fiscal year 2003.

(e)

Authority for use of additional factors in methodology.

Part G—National Advisory Council on Nurse Education and Practice

297t.
National Advisory Council on Nurse Education and Practice.

        

(a)

Establishment.

(b)

Composition.

(c)

Vacancies.

(d)

Duties.

(e)

Meetings and documents.

(f)

Compensation and expenses.

(g)

Funding.

(h)

FACA.

SUBCHAPTER VII—AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

Part A—Establishment and General Duties

299.
Mission and duties.

        

(a)

In general.

(b)

Mission.

(c)

Requirements with respect to rural and inner-city areas and priority populations.

299a.
General authorities.

        

(a)

In general.

(b)

Health services training grants.

(c)

Multidisciplinary centers.

(d)

Relation to certain authorities regarding social security.

(e)

Disclaimer.

(f)

Rule of construction.

299a–1.
Research on health disparities.

        

(a)

In general.

(b)

Research and demonstration projects.

(c)

Quality measurement development.

(d)

Definition.

Part B—Health Care Improvement Research

299b.
Health care outcome improvement research.

        

(a)

Evidence rating systems.

(b)

Health care improvement research centers and provider-based research networks.

299b–1.
Private-public partnerships to improve organization and delivery.

        

(a)

Support for efforts to develop information on quality.

(b)

Centers for education and research on therapeutics.

(c)

Reducing errors in medicine.

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

        

(a)

In general.

(b)

Quality and outcomes information.

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

        

(a)

In general.

(b)

Demonstration.

(c)

Facilitating public access to information.

299b–4.
Research supporting primary care and access in underserved areas.

        

(a)

Preventive Services Task Force.

(b)

Primary care research.

299b–4a.
Studies on preventive interventions in primary care for older Americans.

        

(a)

Studies.

(b)

Mission statement.

(c)

Report.

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

        

(a)

In general.

(b)

Specification of process.

(c)

Specific assessments.

(d)

Medical examination of certain victims.

299b–6.
Coordination of Federal Government quality improvement efforts.

        

(a)

Requirement.

(b)

Study by the Institute of Medicine.

Part C—General Provisions

299c.
Advisory Council for Healthcare Research and Quality.

        

(a)

Establishment.

(b)

Duties.

(c)

Membership.

(d)

Terms.

(e)

Vacancies.

(f)

Chair.

(g)

Meetings.

(h)

Compensation and reimbursement of expenses.

(i)

Staff.

(j)

Duration.

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

        

(a)

Requirement of review.

(b)

Approval as precondition of awards.

(c)

Establishment of peer review groups.

(d)

Authority for procedural adjustments in certain cases.

(e)

Regulations.

299c–2.
Certain provisions with respect to development, collection, and dissemination of data.

        

(a)

Standards with respect to utility of data.

(b)

Statistics and analyses.

(c)

Authority regarding certain requests.

299c–3.
Dissemination of information.

        

(a)

In general.

(b)

Prohibition against restrictions.

(c)

Limitation on use of certain information.

(d)

Penalty.

299c–4.
Additional provisions with respect to grants and contracts.

        

(a)

Financial conflicts of interest.

(b)

Requirement of application.

(c)

Provision of supplies and services in lieu of funds.

(d)

Applicability of certain provisions with respect to contracts.

299c–5.
Certain administrative authorities.

        

(a)

Deputy director and other officers and employees.

(b)

Facilities.

(c)

Provision of financial assistance.

(d)

Utilization of certain personnel and resources.

(e)

Consultants.

(f)

Experts.

(g)

Voluntary and uncompensated services.

299c–6.
Funding.

        

(a)

Intent.

(b)

Authorization of appropriations.

(c)

Evaluations.

(d)

Health disparities research.

299c–7.
Definitions.

        

SUBCHAPTER VIII—POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS

300.
Project grants and contracts for family planning services.

        

(a)

Authority of Secretary.

(b)

Factors determining awards; establishment and preservation of rights of local and regional entities.

(c)

Reduction of grant amount.

(d)

Authorization of appropriations.

300a.
Formula grants to States for family planning services.

        

(a)

Authority of Secretary; prerequisites.

(b)

Factors determining amount of State allotments.

(c)

“State” defined.

(d)

Authorization of appropriations.

300a–1.
Training grants and contracts; authorization of appropriations.
300a–2.
Conduct, etc., of research activities.
300a–3.
Informational and educational materials development grants and contracts; authorization of appropriations.
300a–4.
Grants and contracts.

        

(a)

Promulgation of regulations governing execution; amount of grants.

(b)

Payment of grants.

(c)

Prerequisites; “low-income family” defined.

(d)

Suitability of informational or educational materials.

300a–5.
Voluntary participation by individuals; participation not prerequisite for eligibility or receipt of other services and information.
300a–6.
Prohibition against funding programs using abortion as family planning method.
300a–6a.
Repealed.
300a–7.
Sterilization or abortion.

        

(a)

Omitted.

(b)

Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions.

(c)

Discrimination prohibition.

(d)

Individual rights respecting certain requirements contrary to religious beliefs or moral convictions.

(e)

Prohibition on entities receiving Federal grant, etc., from discriminating against applicants for training or study because of refusal of applicant to participate on religious or moral grounds.

300a–8.
Penalty for United States, etc., officer or employee coercing or endeavoring to coerce procedure upon beneficiary of Federal program.

        

SUBCHAPTER VIII–A—ADOLESCENT PREGNANCIES

Part A—Grant Program

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

        

Part B—Improving Coordination of Federal and State Programs

300a–41.
Repealed.

        

SUBCHAPTER IX—GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME

Part A—Genetic Diseases

300b.
Repealed.
300b–1.
Research project grants and contracts.
300b–2.
Voluntary participation by individuals.
300b–3.
Application; special consideration to prior sickle cell anemia grant recipients.

        

(a)

Manner of submission; contents.

(b)

Considerations for grants and contracts under section 300b–1 of this title.

300b–4.
Public Health Service facilities.
300b–5.
Repealed.
300b–6.
Applied technology.
300b–7.
Tourette Syndrome.

        

(a)

In general.

(b)

Certain activities.

(c)

Authorization of appropriations.

300b–8.
Improved newborn and child screening for heritable disorders.

        

(a)

In general.

(b)

Use of funds.

(c)

Eligible entities.

(d)

Limitation.

(e)

Voluntary participation.

(f)

Supplement not supplant.

(g)

Publication.

(h)

Technical assistance.

(i)

Authorization of appropriations.

300b–9.
Evaluating the effectiveness of newborn and child screening programs.

        

(a)

In general.

(b)

Demonstration programs.

(c)

Eligible entities.

300b–10.
Advisory Committee on Heritable Disorders in Newborns and Children.

        

(a)

Establishment.

(b)

Duties.

(c)

Membership.

Part B—Sudden Infant Death Syndrome

300c–11.
Repealed.
300c–12.
Sudden infant death syndrome research and research reports.

        

(a)

Adequate amounts for identification and prevention progress.

(b)

Reports to Congressional committees; contents: data as to applications and funds for specific and general research, summary of findings and plan for taking advantage of research leads and findings.

(c)

Reports to Congressional committees; current and past estimates for research.

Part C—Hemophilia Programs

300c–21.
Repealed.
300c–22.
Blood-separation centers.

        

(a)

Grants and contracts with public and nonprofit private entities for projects to develop and expand existing facilities; definitions.

(b)

Grants for alleviation of insufficient supplies of blood fractions.

(c)

Approval of application as prerequisite for grant or contract; form, manner of submission, and contents of application.

(d)

Nonapplicability of statutory provisions to contracts.

(e)

Authorization of appropriations.

SUBCHAPTER X—TRAUMA CARE

Part A—General Authority and Duties of Secretary

300d.
Establishment.

        

(a)

In general.

(b)

Grants, cooperative agreements, and contracts.

(c)

Administration.

300d–1.
Repealed.
300d–2.
Clearinghouse on Trauma Care and Emergency Medical Services.

        

(a)

Establishment.

(b)

Duties.

(c)

Fees and assessments.

300d–3.
Establishment of programs for improving trauma care in rural areas.

        

(a)

In general.

(b)

Special consideration for certain rural areas.

(c)

Requirement of application.

Part B—Formula Grants With Respect to Modifications of State Plans

300d–11.
Establishment of program.

        

(a)

Requirement of allotments for States.

(b)

Purpose.

300d–12.
Requirement of matching funds for fiscal years subsequent to first fiscal year of payments.

        

(a)

Non-Federal contributions.

(b)

Determination of amount of non-Federal contribution.

300d–13.
Requirements with respect to carrying out purpose of allotments.

        

(a)

Trauma care modifications to State plan for emergency medical services.

(b)

Certain standards with respect to trauma care centers and systems.

(c)

Model trauma care plan.

(d)

Rule of construction with respect to number of designated trauma centers.

300d–14.
Requirement of submission to Secretary of trauma plan and certain information.

        

(a)

Trauma plan.

(b)

Information received by State reporting and analysis system.

(c)

Availability of emergency medical services in rural areas.

300d–15.
Restrictions on use of payments.

        

(a)

In general.

(b)

Exception.

300d–16.
Requirement of reports by States.

        

(a)

In general.

(b)

Availability to public of reports.

(c)

Evaluations by Comptroller General.

300d–17.
Requirement of submission of application containing certain agreements and assurances.
300d–18.
Determination of amount of allotment.

        

(a)

Minimum allotment.

(b)

Determination under formula.

(c)

Disposition of certain funds appropriated for allotments.

300d–19.
Failure to comply with agreements.

        

(a)

Repayment of payments.

(b)

Opportunity for hearing.

300d–20.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

300d–21.
Technical assistance and provision by Secretary of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision by Secretary of supplies and services in lieu of grant funds.

300d–22.
Report by Secretary.

        

Part C—General Provisions Regarding Parts A and B

300d–31.
Definitions.
300d–32.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocation of funds by Secretary.

(c)

Effect of insufficient appropriations for minimum allotments.

300d–33.
Repealed.

        

Part D—Trauma Centers Operating in Areas Severely Affected by Drug-Related Violence

300d–41.
Grants for certain trauma centers.

        

(a)

In general.

(b)

Minimum qualifications of centers.

300d–42.
Preferences in making grants.

        

(a)

In general.

(b)

Further preference for certain applications.

300d–43.
Certain agreements.

        

(a)

Commitment regarding continued participation in trauma care system.

(b)

Maintenance of financial support.

(c)

Trauma care registry.

300d–44.
General provisions.

        

(a)

Application.

(b)

Limitation on duration of support.

(c)

Limitation on amount of grant.

300d–45.
Authorization of appropriations.

        

Part E—Miscellaneous Programs

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

        

(a)

In general.

(b)

Identification and referral of domestic violence.

(c)

Authorization of appropriations.

300d–52.
State grants for projects regarding traumatic brain injury.

        

(a)

In general.

(b)

State advisory board.

(c)

Matching funds.

(d)

Application for grant.

(e)

Continuation of previously awarded demonstration projects.

(f)

Use of State grants.

(g)

Coordination of activities.

(h)

Report.

(i)

“Traumatic brain injury” defined.

(j)

Authorization of appropriations.

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

        

(a)

In general.

(b)

Services provided.

(c)

Application.

(d)

Appropriations less than $2,700,000.

(e)

Appropriations of $2,700,000 or more.

(f)

Carryover.

(g)

Direct payment.

(h)

Annual report.

(i)

Authorization of appropriations.

(j)

Definitions.

Part F—Interagency Program for Trauma Research

300d–61.
Establishment of Program.

        

(a)

In general.

(b)

Plan for Program.

(c)

Participating agencies; coordination and collaboration.

(d)

Certain activities of Program.

(e)

Mechanisms of support.

(f)

Resources.

(g)

Coordinating Committee.

(h)

Definitions.

(i)

Authorization of appropriations.

SUBCHAPTER XI—HEALTH MAINTENANCE ORGANIZATIONS

300e.
Requirements of health maintenance organizations.

        

(a)

“Health maintenance organization” defined.

(b)

Manner of supplying basic and supplemental health services to members.

(c)

Organizational requirements.

(d)

Application of rules by certain health maintenance organizations.

300e–1.
Definitions.
300e–2, 300e–3.
Repealed.
300e–4.
Loans and loan guarantees for initial operation costs.

        

(a)

Authority.

(b)

Limitations.

(c)

Source of loan funds.

(d)

Time limit on loans and loan guarantees.

(e)

Repealed.

(f)

Medically underserved populations.

300e–4a.
Repealed.
300e–5.
Application requirements.

        

(a)

Submission to and approval by Secretary required for making loans and loan guarantees.

(b)

Application contents.

(c)

Regulations.

300e–6.
Administration of assistance programs.

        

(a)

Recordkeeping; audit and examination.

(b)

Report upon expiration of period.

(c)

Repealed.

(d)

Other entities considered health maintenance organizations.

300e–7.
General provisions relating to loan guarantees and loans.

        

(a)

Conditions.

(b)

Application requirements.

(c)

Sale of loans.

(d)

Loan guarantee fund.

(e)

Loan fund.

(f)

Actions to protect interest of United States in event of default.

300e–8.
Authorization of appropriations.
300e–9.
Employees’ health benefits plans.

        

(a)

Regulations; membership option.

(b)

Nondiscriminatory contributions for services; payroll deductions; effect on costs.

(c)

“Qualified health maintenance organization” defined.

(d)

Civil penalty; notice and presentation of views; review.

(e)

“Employer” defined.

(f)

Termination of payment for failure to comply.

300e–10.
Restrictive State laws and practices.

        

(a)

Entities operating as health maintenance organizations.

(b)

Advertising.

(c)

Digest of State laws, regulations, and practices; legal consultative assistance.

300e–11.
Continued regulation of health maintenance organizations.

        

(a)

Determination of deficiency.

(b)

Action by Secretary upon determination.

300e–12.
Limitation on source of funding for health maintenance organizations.
300e–13.
Repealed.
300e–14.
Annual report.
300e–14a.
Health services for Indians and domestic agricultural migratory and seasonal workers.
300e–15.
Repealed.
300e–16.
Training and technical assistance.

        

(a)

National Health Maintenance Organization Intern Program.

(b)

Technical assistance.

(c)

Amounts provided in advance in appropriation acts.

300e–17.
Financial disclosure.

        

(a)

Financial information reported to Secretary.

(b)

“Party in interest” defined.

(c)

Information availability.

(d)

Evaluation of transactions.

(e)

Repealed.

(f)

Rates.

(g)

Annual financial statement.

(h)

Penalties.

SUBCHAPTER XII—SAFETY OF PUBLIC WATER SYSTEMS

Part A—Definitions

300f.
Definitions.

        

Part B—Public Water Systems

300g.
Coverage.
300g–1.
National drinking water regulations.

        

(a)

National primary drinking water regulations; maximum contaminant level goals; simultaneous publication of regulations and goals.

(b)

Standards.

(c)

Secondary regulations; publication of proposed regulations; promulgation; amendments.

(d)

Regulations; public hearings; administrative consultations.

(e)

Science Advisory Board comments.

300g–2.
State primary enforcement responsibility.

        

(a)

In general.

(b)

Regulations.

(c)

Interim primary enforcement authority.

300g–3.
Enforcement of drinking water regulations.

        

(a)

Notice to State and public water system; issuance of administrative order; civil action.

(b)

Judicial determinations in appropriate Federal district courts; civil penalties; separate violations.

(c)

Notice to persons served.

(d)

Notice of noncompliance with secondary drinking water regulations.

(e)

State authority to adopt or enforce laws or regulations respecting drinking water regulations or public water systems unaffected.

(f)

Notice and public hearing; availability of recommendations transmitted to State and public water system.

(g)

Administrative order requiring compliance; notice and hearing; civil penalty; civil actions.

(h)

Consolidation incentive.

(i)

“Applicable requirement” defined.

300g–4.
Variances.

        

(a)

Characteristics of raw water sources; specific treatment technique; notice to Administrator, reasons for variance; compliance, enforcement; approval or revision of schedules and revocation of variances; review of variances and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting variances or failing to prescribe schedules; State corrective action; authority of Administrator in a State without primary enforcement responsibility; alternative treatment techniques.

(b)

Enforcement of schedule or other requirement.

(c)

Applications for variances; regulations: reasonable time for acting.

(d)

“Treatment technique requirement” defined.

(e)

Small system variances.

300g–5.
Exemptions.

        

(a)

Requisite findings.

(b)

Compliance schedule and implementation of control measures; notice and hearing; dates for compliance with schedule; compliance, enforcement; approval or revision of schedules and revocation of exemptions.

(c)

Notice to Administrator; reasons for exemption.

(d)

Review of exemptions and schedules; publication in Federal Register, notice and results of review; notice to State; considerations respecting abuse of discretion in granting exemptions or failing to prescribe schedules; State corrective action.

(e)

“Treatment technique requirement” defined.

(f)

Authority of Administrator in a State without primary enforcement responsibility.

(g)

Applications for exemptions; regulations; reasonable time for acting.

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

        

(a)

In general.

(b)

State enforcement.

(c)

Penalties.

(d)

“Lead free” defined.

(e)

Plumbing fittings and fixtures.

300g–7.
Monitoring of contaminants.

        

(a)

Interim monitoring relief authority.

(b)

Permanent monitoring relief authority.

(c)

Treatment as NPDWR.

(d)

Other monitoring relief.

300g–8.
Operator certification.

        

(a)

Guidelines.

(b)

State programs.

(c)

Existing programs.

(d)

Expense reimbursement.

300g–9.
Capacity development.

        

(a)

State authority for new systems.

(b)

Systems in significant noncompliance.

(c)

Capacity development strategy.

(d)

Federal assistance.

(e)

Variances and exemptions.

(f)

Small public water systems technology assistance centers.

(g)

Environmental finance centers.

Part C—Protection of Underground Sources of Drinking Water

300h.
Regulations for State programs.

        

(a)

Publication of proposed regulations; promulgation; amendments; public hearings; administrative consultations.

(b)

Minimum requirements; restrictions.

(c)

Temporary permits; notice and hearing.

(d)

“Underground injection” defined; underground injection endangerment of drinking water sources.

300h–1.
State primary enforcement responsibility.

        

(a)

List of States in need of a control program; amendment of list.

(b)

State applications; notice to Administrator of compliance with revised or added requirements; approval or disapproval by Administrator; duration of State primary enforcement responsibility; public hearing.

(c)

Program by Administrator for State without primary enforcement responsibility; restrictions.

(d)

“Applicable underground injection control program” defined.

(e)

Primary enforcement responsibility by Indian Tribe.

300h–2.
Enforcement of program.

        

(a)

Notice to State and violator; issuance of administrative order; civil action.

(b)

Civil and criminal actions.

(c)

Administrative orders.

(d)

State authority to adopt or enforce laws or regulations respecting underground injection unaffected.

300h–3.
Interim regulation of underground injections.

        

(a)

Necessity for well operation permit; designation of one aquifer areas.

(b)

Well operation permits; publication in Federal Register; notice and hearing; issuance or denial; conditions for issuance.

(c)

Civil penalties; separate violations; penalties for willful violations; temporary restraining order or injunction.

(d)

“New underground injection well” defined.

(e)

Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance.

300h–4.
Optional demonstration by States relating to oil or natural gas.

        

(a)

Approval of State underground injection control program; alternative showing of effectiveness of program by State.

(b)

Revision or amendment of requirements of regulation; showing of effectiveness of program by State.

(c)

Primary enforcement responsibility of State; voiding by Administrator under duly promulgated rule.

300h–5.
Regulation of State programs.
300h–6.
Sole source aquifer demonstration program.

        

(a)

Purpose.

(b)

“Critical aquifer protection area” defined.

(c)

Application.

(d)

Criteria.

(e)

Contents of application.

(f)

Comprehensive plan.

(g)

Plans under section 208 of Clean Water Act.

(h)

Consultation and hearings.

(i)

Approval or disapproval.

(j)

Grants and reimbursement.

(k)

Activities funded under other law.

(l)

Savings provision.

(m)

Authorization of appropriations.

300h–7.
State programs to establish wellhead protection areas.

        

(a)

State programs.

(b)

Public participation.

(c)

Disapproval.

(d)

Federal assistance.

(e)

“Wellhead protection area” defined.

(f)

Prohibitions.

(g)

Implementation.

(h)

Federal agencies.

(i)

Additional requirement.

(j)

Coordination with other laws.

(k)

Authorization of appropriations.

300h–8.
State ground water protection grants.

        

(a)

In general.

(b)

Guidance.

(c)

Conditions of grants.

(d)

Amount of grants.

(e)

Evaluations and reports.

(f)

Authorization of appropriations.

Part D—Emergency Powers

300i.
Emergency powers.

        

(a)

Actions authorized against imminent and substantial endangerment to health.

(b)

Penalties for violations; separate offenses.

300i–1.
Tampering with public water systems.

        

(a)

Tampering.

(b)

Attempt or threat.

(c)

Civil penalty.

(d)

“Tamper” defined.

Part E—General Provisions

300j.
Assurances of availability of adequate supplies of chemicals necessary for treatment of water.

        

(a)

Certification of need application.

(b)

Application requirements; publication in Federal Register; waiver; certification, issuance or denial.

(c)

Certification of need; issuance; executive orders; implementation of orders; equitable apportionment of orders; factors considered.

(d)

Breach of contracts; defense.

(e)

Penalties for noncompliance with orders; temporary restraining orders and preliminary or permanent injunctions.

(f)

Termination date.

300j–1.
Research, technical assistance, information, training of personnel.

        

(a)

Specific powers and duties of Administrator.

(b)

Emergency situations.

(c)

Establishment of training programs and grants for training; training fees.

(d)

Authorization of appropriations.

(e)

Technical assistance.

300j–2.
Grants for State programs.

        

(a)

Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations.

(b)

Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations.

(c)

Definitions.

(d)

New York City watershed protection program.

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

        

(a)

Special study and demonstration project grants.

(b)

Limitations.

(c)

Authorization of appropriations.

(d)

Loan guarantees to public water systems; conditions; indebtedness limitation; regulations.

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

        

(a)

Assistance for development and demonstration projects.

(b)

Limitations.

(c)

Authorization of appropriations.

300j–3b.
Contaminant standards or treatment technique guidelines.
300j–3c.
National assistance program for water infrastructure and watersheds.

        

(a)

Technical and financial assistance.

(b)

Limitation.

(c)

Condition.

(d)

Authorization of appropriations.

(e)

Acquisition of lands.

(f)

Federal share.

(g)

Definitions.

300j–4.
Records and inspections.

        

(a)

Provision of information to Administrator; monitoring program for unregulated contaminants.

(b)

Entry of establishments, facilities, or other property; inspections; conduct of certain tests; audit and examination of records; entry restrictions; prohibition against informing of a proposed entry.

(c)

Penalty.

(d)

Confidential information; trade secrets and secret processes; information disclosure; “information required under this section” defined.

(e)

“Grantee” and “person” defined.

(f)

Information regarding drinking water coolers.

(g)

Occurrence data base.

(h)

Availability of information on small system technologies.

(i)

Screening methods.

300j–5.
National Drinking Water Advisory Council.

        

(a)

Establishment; membership; representation of interests; term of office, vacancies; reappointment.

(b)

Functions.

(c)

Compensation and allowances; travel expenses.

(d)

Advisory committee termination provision inapplicable.

300j–6.
Federal agencies.

        

(a)

In general.

(b)

Administrative penalty orders.

(c)

Limitation on State use of funds collected from Federal Government.

(d)

Indian rights and sovereignty as unaffected; “Federal agency” defined.

(e)

Washington Aqueduct.

300j–7.
Judicial review.

        

(a)

Courts of appeals; petition for review: actions respecting regulations; filing period; grounds arising after expiration of filing period; exclusiveness of remedy.

(b)

District courts; petition for review: actions respecting variances or exemptions; filing period; grounds arising after expiration of filing period; exclusiveness of remedy.

(c)

Judicial order for additional evidence before Administrator; modified or new findings; recommendation for modification or setting aside of original determination.

300j–8.
Citizen's civil action.

        

(a)

Persons subject to civil action; jurisdiction of enforcement proceedings.

(b)

Conditions for commencement of civil action; notice.

(c)

Intervention of right.

(d)

Costs; attorney fees; expert witness fees; filing of bond.

(e)

Availability of other relief.

300j–9.
General provisions.

        

(a)

Regulations; delegation of functions.

(b)

Utilization of officers and employees of Federal agencies.

(c)

Assignment of Agency personnel to State or interstate agencies.

(d)

Payments of grants; adjustments; advances; reimbursement; installments; conditions; eligibility for grants; “nonprofit agency or institution” defined.

(e)

Labor standards.

(f)

Appearance and representation of Administrator through Attorney General or attorney appointees.

(g)

Authority of Administrator under other provisions unaffected.

(h)

Reports to Congressional committees; review by Office of Management and Budget: submittal of comments to Congressional committees.

(i)

Discrimination prohibition; filing of complaint; investigation; orders of Secretary; notice and hearing; settlements; attorneys’ fees; judicial review; filing of petition; procedural requirements; stay of orders; exclusiveness of remedy; civil actions for enforcement of orders; appropriate relief; mandamus proceedings; prohibition inapplicable to undirected but deliberate violations.

300j–10.
Appointment of scientific, etc., personnel by Administrator of Environmental Protection Agency for implementation of responsibilities; compensation.
300j–11.
Indian Tribes.

        

(a)

In general.

(b)

EPA regulations.

300j–12.
State revolving loan funds.

        

(a)

General authority.

(b)

Intended use plans.

(c)

Fund management.

(d)

Assistance for disadvantaged communities.

(e)

State contribution.

(f)

Types of assistance.

(g)

Administration of State loan funds.

(h)

Needs survey.

(i)

Indian Tribes.

(j)

Other areas.

(k)

Other authorized activities.

(l)

Savings.

(m)

Authorization of appropriations.

(n)

Health effects studies.

(o)

Monitoring for unregulated contaminants.

(p)

Demonstration project for State of Virginia.

(q)

Small system technical assistance.

(r)

Evaluation.

300j–13.
Source water quality assessment.

        

(a)

Source water assessment.

(b)

Approval and disapproval.

300j–14.
Source water petition program.

        

(a)

Petition program.

(b)

Approval or disapproval of petitions.

(c)

Grants to support State programs.

(d)

Guidance.

(e)

Authorization of appropriations.

(f)

Statutory construction.

300j–15.
Water conservation plan.

        

(a)

Guidelines.

(b)

Loans or grants.

300j–16.
Assistance to colonias.

        

(a)

Definitions.

(b)

Grants to alleviate health risks.

(c)

Use of funds.

(d)

Cost sharing.

(e)

Authorization of appropriations.

300j–17.
Estrogenic substances screening program.
300j–18.
Drinking water studies.

        

(a)

Subpopulations at greater risk.

(b)

Biological mechanisms.

(c)

Studies on harmful substances in drinking water.

(d)

Waterborne disease occurrence study.

Part F—Additional Requirements To Regulate Safety of Drinking Water

300j–21.
Definitions.
300j–22.
Recall of drinking water coolers with lead-lined tanks.
300j–23.
Drinking water coolers containing lead.

        

(a)

Publication of lists.

(b)

Prohibition.

(c)

Criminal penalty.

(d)

Civil penalty.

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

        

(a)

Distribution of drinking water cooler list.

(b)

Guidance document and testing protocol.

(c)

Dissemination to schools, etc.

(d)

Remedial action program.

300j–25.
Federal assistance for State programs regarding lead contamination in school drinking water.

        

(a)

School drinking water programs.

(b)

Limits.

(c)

Authorization of appropriations.

300j–26.
Certification of testing laboratories.

        

SUBCHAPTER XIII—PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS

300k.
Establishment of program of grants to States.

        

(a)

In general.

(b)

Grant and contract authority of States.

(c)

Special consideration for certain States.

(d)

Coordinating committee regarding year 2000 health objectives.

300l.
Requirement of matching funds.

        

(a)

In general.

(b)

Determination of amount of non-Federal contribution.

300l–1.
Requirement regarding medicaid.
300m.
Requirements with respect to type and quality of services.

        

(a)

Requirement of provision of all services by date certain.

(b)

Use of improved screening procedures.

(c)

Quality assurance regarding screening procedures.

300n.
Additional required agreements.

        

(a)

Priority for low-income women.

(b)

Limitation on imposition of fees for services.

(c)

Statewide provision of services.

(d)

Relationship to items and services under other programs.

(e)

Coordination with other breast and cervical cancer programs.

(f)

Limitation on administrative expenses.

(g)

Restrictions on use of grant.

(h)

Records and audits.

(i)

Reports to Secretary.

300n–1.
Description of intended uses of grant.
300n–2.
Requirement of submission of application.
300n–3.
Technical assistance and provision of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision of supplies and services in lieu of grant funds.

300n–4.
Evaluations and reports.

        

(a)

Evaluations.

(b)

Report to Congress.

300n–4a.
Supplemental grants for additional preventive health services.

        

(a)

Demonstration projects.

(b)

Status as participant in program regarding breast and cervical cancer.

(c)

Applicability of provisions of general program.

(d)

Funding.

300n–5.
Funding for general program.

        

(a)

Authorization of appropriations.

(b)

Set-aside for technical assistance and provision of supplies and services.

SUBCHAPTER XIV—HEALTH RESOURCES DEVELOPMENT

300o to 300p–3.
Repealed.

        

Part A—Loans and Loan Guarantees

300q.
Loan and loan guarantee authority.

        

(a)

Covered projects: duration; payment of principal and interest on loans for covered projects: duration; payments for reduction of interest rate.

(b)

Amount of loans for medical facilities projects and such projects in urban or rural poverty areas.

(c)

Limitation on cumulative total of principal of outstanding loans.

(d)

Administrative assistance of Department of Housing and Urban Development.

300q–1.
Repealed.
300q–2.
General provisions.

        

(a)

Loan guarantees; criteria for approval; recovery of payments by United States; modification, etc., of terms and conditions; incontestability.

(b)

Loans; criteria for approval; terms and conditions; waiver of recovery of payments by United States.

(c)

Sale of loans; authority; amount; agreements with purchasers; deposit of proceeds.

(d)

Loan and loan guarantee fund; establishment; amounts authorized to be appropriated; issuance, purchase, and sale of notes, obligations, etc.; interest rates; public debt transactions.

(e)

Transfers to and additional capitalization of loan and loan guarantee fund.

(f)

Default prevention measures; terms and conditions; implementation of reforms; foreclosures; protection of Federal interest on default.

Part B—Project Grants

300r.
Grants for construction or modernization projects.

        

(a)

Authority; objectives; eligible grantees; maximum amounts; authorization of appropriations; availability of unobligated funds.

(b)

Projects for medically underserved populations; eligible grantees; maximum amounts; authorization of appropriations.

Part C—General Provisions

300s.
General regulations.
300s–1.
Medical facility project applications.

        

(a)

Submissions.

(b)

Form; required provisions; waiver; projects subject to requirements.

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

        

(a)

Persons liable.

(b)

Notice to Secretary.

(c)

Amount of recovery; interest; interest period.

(d)

Waiver.

(e)

Lien.

300s–2.
State supervision or control of operations of facilities receiving funds.
300s–3.
Definitions.
300s–4.
Reporting and audit requirements for recipients.

        

(a)

Filing of financial statement with appropriate State Agency; form and contents.

(b)

Maintenance of records; access to books, etc., for audit and examination.

(c)

Filing of financial statement with Secretary; form and contents.

300s–5.
Availability of technical and other nonfinancial assistance to eligible applicants.
300s–6.
Enforcement of assurances.

        

Part D—Area Health Services Development Funds

300t.
Development grants for health systems agencies.

        

(a)

Eligible recipients; purpose of grants.

(b)

Determination of amounts; maximum amounts.

(c)

Applications; submission and approval as prerequisite; form and contents.

(d)

Authorization of appropriations.

Part E—Program To Assist and Encourage Voluntary Discontinuance of Unneeded Hospital Services and Conversion of Unneeded Hospital Services to Other Health Services Needed by Community

300t–11.
Grants and assistance for establishment of program.
300t–12.
Grants for discontinuance and conversion.

        

(a)

Terms and conditions; determination of amount; authorized uses.

(b)

Application; submission and approval; form; required provisions; review by health systems agency; basis of State Agency's recommendations; urban or rural poverty population considerations; approval by Secretary: restrictions and special considerations.

(c)

Certification of protective arrangements for employment benefits and interests; guidelines; satisfactory arrangement determinations.

(d)

Records and audits requirements.

(e)

“Hospital” defined.

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

        

(a)

“Excess hospital capacity” defined; particular activities.

(b)

Terms and conditions.

300t–14.
Authorization of appropriations.

        

SUBCHAPTER XV—HEALTH INFORMATION AND HEALTH PROMOTION

300u.
General authority of Secretary.

        

(a)

Development, support, and implementation of programs, activities, etc.

(b)

Authorization of appropriations.

(c)

Application; submission and approval as prerequisite; form and content.

300u–1.
Grants and contracts for research programs; authority of Secretary; review of applications; additional functions; periodic public survey.
300u–2.
Grants and contracts for community health programs.

        

(a)

Authority of Secretary; particular activities.

(b)

Grants to States and other public and nonprofit private entities; costs of demonstrating and evaluating programs; development of models.

(c)

Private nonprofit entities; limitation on amount of grant or contract.

300u–3.
Grants and contracts for information programs; authority of Secretary; particular activities.
300u–4.
Status reports to President and Congress; study of health education and preventive health services with respect to insurance coverage.
300u–5.
Centers for research and demonstration of health promotion and disease prevention.

        

(a)

Establishment; grants; contracts; research and demonstration projects.

(b)

Location; types of research and projects.

(c)

Equitable geographic distribution of centers; procedures.

(d)

“Academic health center” defined.

(e)

Authorization of appropriations.

300u–6.
Office of Minority Health.

        

(a)

In general.

(b)

Duties.

(c)

Advisory Committee.

(d)

Certain requirements regarding duties.

(e)

Grants and contracts regarding duties.

(f)

Reports.

(g)

Definitions.

(h)

Funding.

300u–7.
Office of Adolescent Health.

        

(a)

In general.

(b)

Duties.

(c)

Certain demonstration projects.

(d)

Information clearinghouse.

(e)

National plan.

(f)

Adolescent health.

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

        

(a)

Biennial report.

(b)

Submission to Congress.

300u–9.
Education regarding DES.

        

(a)

In general.

(b)

Authorization of appropriations.

SUBCHAPTER XVI—PRESIDENT'S COMMISSION FOR THE STUDY OF ETHICAL PROBLEMS IN MEDICINE AND BIOMEDICAL AND BEHAVIOR RESEARCH

300v.
Commission.

        

(a)

Establishment; composition; appointment of members; vacancies.

(b)

Terms of members.

(c)

Chairman.

(d)

Meetings.

(e)

Compensation; travel expenses, etc.

300v–1.
Duties of Commission.

        

(a)

Studies and investigations; priority and order; report to President and Congress.

(b)

Recommendations to agencies; subsequent administrative requirements.

(c)

Report on protection of human subjects; scope; submission to President, etc.

(d)

Annual report; scope; submission to President, etc.

(e)

Publication and dissemination of reports.

(f)

Definitions.

300v–2.
Administrative provisions.

        

(a)

Hearings.

(b)

Appointment and compensation of staff personnel; procurement and compensation of temporary and intermittent services; detail of personnel from other Federal agencies.

(c)

Contracting authority.

(d)

Informational requirements and prohibitions.

(e)

Support services from Administrator of General Services.

300v–3.
Authorization of appropriations; termination of Commission.

        

SUBCHAPTER XVII—BLOCK GRANTS

Part A—Preventive Health and Health Services Block Grants

300w.
Authorization of appropriations.
300w–1.
Allotments.

        

(a)

Availability based upon prior year distributions.

(b)

Population.

(c)

Distribution of appropriated funds not allotted.

(d)

Distributions to Indian tribes.

(e)

Report on equitable distribution of available funds.

300w–2.
Payments under allotments to States.
300w–3.
Use of allotments.

        

(a)

Preventive health services, comprehensive public health services, emergency medical services, etc.

(b)

Prohibited uses.

(c)

Transfer of funds.

(d)

Limitation on administrative costs.

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

        

(a)

In general.

(b)

State plan.

(c)

State certification.

(d)

State Advisory Committee.

300w–5.
Reports, data, and audits.

        

(a)

Annual reports; contents; data collection; copies.

(b)

Fiscal control; accounting procedures; annual audits; repayments and offsets; public inspection; Comptroller General evaluations; report to Congress.

(c)

Inapplicability of title XVII of Omnibus Budget Reconciliation Act of 1981.

300w–6.
Withholding of funds.

        

(a)

Prerequisites.

(b)

Investigations.

(c)

Availability of books, documents, papers, and records.

(d)

Information not readily available.

300w–7.
Nondiscrimination provisions.

        

(a)

Programs and activities receiving Federal financial assistance.

(b)

Failure to comply.

(c)

Civil actions by Attorney General.

300w–8.
Criminal penalty for false statements.
300w–9.
Emergency medical services for children.

        

(a)

Grant authority.

(b)

Renewals.

(c)

Definitions.

(d)

Authorization of appropriations.

300w–10.
Repealed.

        

Part B—Block Grants Regarding Mental Health and Substance Abuse

subpart i—block grants for community mental health services

300x.
Formula grants to States.

        

(a)

In general.

(b)

Purpose of grants.

300x–1.
State plan for comprehensive community mental health services for certain individuals.

        

(a)

In general.

(b)

Criteria for plan.

(c)

Definitions regarding mental illness and emotional disturbance; methods for estimate of incidence and prevalence.

(d)

Requirement of implementation of plan.

300x–2.
Certain agreements.

        

(a)

Allocation for systems of integrated services for children.

(b)

Providers of services.

(c)

Criteria for mental health centers.

300x–3.
State mental health planning council.

        

(a)

In general.

(b)

Duties.

(c)

Membership.

(d)

“Council” defined.

300x–4.
Additional provisions.

        

(a)

Review of State plan by mental health planning council.

(b)

Maintenance of effort regarding State expenditures for mental health.

300x–5.
Restrictions on use of payments.

        

(a)

In general.

(b)

Limitation on administrative expenses.

300x–6.
Application for grant.

        

(a)

In general.

(b)

Waivers regarding certain territories.

300x–7.
Determination of amount of allotment.

        

(a)

States.

(b)

Minimum allotments for States.

(c)

Territories.

300x–8.
Definitions.
300x–9.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for technical assistance, data collection, and program evaluation.

subpart ii—block grants for prevention and treatment of substance abuse

300x–21.
Formula grants to States.

        

(a)

In general.

(b)

Authorized activities.

300x–22.
Certain allocations.

        

(a)

Allocation regarding primary prevention programs.

(b)

Allocations regarding women.

300x–23.
Intravenous substance abuse.

        

(a)

Capacity of treatment programs.

(b)

Outreach regarding intravenous substance abuse.

300x–24.
Requirements regarding tuberculosis and human immunodeficiency virus.

        

(a)

Tuberculosis.

(b)

Human immunodeficiency virus.

(c)

Expenditure of grant for compliance with agreements.

(d)

Maintenance of effort.

(e)

Applicability of certain provision.

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

        

(a)

State revolving funds for establishment of homes.

(b)

Issuance by Secretary of guidelines.

(c)

Applicability to territories.

300x–26.
State law regarding sale of tobacco products to individuals under age of 18.

        

(a)

Relevant law.

(b)

Enforcement.

(c)

Noncompliance of State.

(d)

“First applicable fiscal year” defined.

300x–27.
Treatment services for pregnant women.

        

(a)

In general.

(b)

Referrals regarding States.

300x–28.
Additional agreements.

        

(a)

Improvement of process for appropriate referrals for treatment.

(b)

Continuing education.

(c)

Coordination of various activities and services.

(d)

Waiver of requirement.

300x–29.
Submission to Secretary of statewide assessment of needs.
300x–30.
Maintenance of effort regarding State expenditures.

        

(a)

In general.

(b)

Exclusion of certain funds.

(c)

Waiver.

(d)

Noncompliance by State.

300x–31.
Restrictions on expenditure of grant.

        

(a)

In general.

(b)

Exception regarding inpatient hospital services.

(c)

Waiver regarding construction of facilities.

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

        

(a)

In general.

(b)

State plan.

(c)

Waivers regarding certain territories.

(d)

Issuance of regulations; precondition to making grants.

(e)

Waiver authority for certain requirements.

300x–33.
Determination of amount of allotment.

        

(a)

States.

(b)

Minimum allotments for States.

(c)

Territories.

(d)

Indian tribes and tribal organizations.

300x–34.
Definitions.
300x–35.
Funding.

        

(a)

Authorization of appropriations.

(b)

Allocations for technical assistance, national data base, data collection, and program evaluations.

subpart iii—general provisions

300x–51.
Opportunity for public comment on State plans.
300x–52.
Requirement of reports and audits by States.

        

(a)

Report.

(b)

Audits.

(c)

Availability to public.

300x–53.
Additional requirements.

        

(a)

In general.

(b)

Patient records.

300x–54.
Disposition of certain funds appropriated for allotments.

        

(a)

In general.

(b)

Specification of amounts.

300x–55.
Failure to comply with agreements.

        

(a)

Suspension or termination of payments.

(b)

Repayment of payments.

(c)

Withholding of payments.

(d)

Applicability of remedies to certain violations.

(e)

Opportunity for hearing.

(f)

Requirement of hearing in certain circumstances.

(g)

Certain investigations.

300x–56.
Prohibitions regarding receipt of funds.

        

(a)

Establishment.

(b)

Criminal penalty for violation of prohibition.

300x–57.
Nondiscrimination.

        

(a)

In general.

(b)

Enforcement.

300x–58.
Technical assistance and provision of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision of supplies and services in lieu of grant funds.

300x–59.
Plans for performance partnerships.

        

(a)

Development.

(b)

Submission.

(c)

Information.

(d)

Participants.

300x–60.
Rule of construction regarding delegation of authority to States.
300x–61.
Solicitation of views of certain entities.
300x–62.
Availability to States of grant payments.
300x–63.
Continuation of certain programs.

        

(a)

In general.

(b)

Expenditure of amounts.

(c)

Definitions.

300x–64.
Definitions.

        

(a)

Definitions for this subpart.

(b)

Definitions for this part.

300x–65.
Services provided by nongovernmental organizations.

        

(a)

Purposes.

(b)

Religious organizations included as nongovernmental providers.

(c)

Religious character and independence.

(d)

Employment practices.

(e)

Rights of beneficiaries of assistance.

(f)

Nondiscrimination against beneficiaries.

(g)

Fiscal accountability.

(h)

Compliance.

(i)

Limitations on use of funds for certain purposes.

(j)

Effect on State and local funds.

(k)

Treatment of intermediate contractors.

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

        

Part C—Certain Programs Regarding Mental Health and Substance Abuse

subpart i—data infrastructure development

300y.
Data infrastructure development.

        

(a)

In general.

(b)

Projects.

(c)

Condition of receipt of funds.

(d)

Matching requirement.

(e)

Duration of support.

(f)

Authorization of appropriation.

subpart ii—interim maintenance treatment of narcotics dependence

300y–11.
Interim maintenance treatment.

        

(a)

Requirement regarding Secretary.

(b)

Inapplicability of requirement in certain circumstances.

(c)

Conditions for obtaining authorization from Secretary.

(d)

Definitions.

SUBCHAPTER XVIII—ADOLESCENT FAMILY LIFE DEMONSTRATION PROJECTS

300z.
Findings and purposes.
300z–1.
Definitions; regulations applicable.
300z–2.
Demonstration projects; grant authorization, etc.
300z–3.
Uses of grants for demonstration projects for services.

        

(a)

Covered projects.

(b)

Family planning services; availability in community.

(c)

Fees for services: criteria.

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

        

(a)

Priorities.

(b)

Factors to be considered in making grants; special needs of rural areas.

(c)

Duration; Federal share.

300z–5.
Requirements for applications.

        

(a)

Form, content, and assurances.

(b)

Evaluations: amount, conduct, and technical assistance.

(c)

Reports.

(d)

Notification of parents; “adult” defined.

(e)

Submission of applications to Governor; comments by Governor.

(f)

Availability of core services.

300z–6.
Coordination of programs.
300z–7.
Research.

        

(a)

Grants and contracts; duration; renewal; amount.

(b)

Scope of permissible activities.

(c)

Applications.

(d)

Coordination with National Institutes of Health.

(e)

Review of applications for grants and contracts; establishment of review panel.

(f)

Reports.

300z–8.
Evaluation and administration.
300z–9.
Authorization of appropriations.
300z–10.
Restrictions.

        

SUBCHAPTER XIX—VACCINES

Part 1—National Vaccine Program

300aa–1.
Establishment.
300aa–2.
Program responsibilities.
300aa–3.
Plan.
300aa–4.
Repealed.
300aa–5.
National Vaccine Advisory Committee.
300aa–6.
Authorization of appropriations.

        

Part 2—National Vaccine Injury Compensation Program

subpart a—program requirements

300aa–10.
Establishment of program.

        

(a)

Program established.

(b)

Attorney's obligation.

(c)

Publicity.

300aa–11.
Petitions for compensation.

        

(a)

General rule.

(b)

Petitioners.

(c)

Petition content.

(d)

Additional information.

(e)

Schedule.

300aa–12.
Court jurisdiction.

        

(a)

General rule.

(b)

Parties.

(c)

United States Court of Federal Claims special masters.

(d)

Special masters.

(e)

Action by United States Court of Federal Claims.

(f)

Appeals.

(g)

Notice.

300aa–13.
Determination of eligibility and compensation.

        

(a)

General rule.

(b)

Matters to be considered.

(c)

“Record” defined.

300aa–14.
Vaccine Injury Table.

        

(a)

Initial table.

(b)

Qualifications and aids to interpretation.

(c)

Administrative revision of table.

(d)

Role of Commission.

(e)

Additional vaccines.

300aa–15.
Compensation.

        

(a)

General rule.

(b)

Vaccines administered before effective date.

(c)

Residential and custodial care and service.

(d)

Types of compensation prohibited.

(e)

Attorneys’ fees.

(f)

Payment of compensation.

(g)

Program not primarily liable.

(h)

Liability of health insurance carriers, prepaid health plans, and benefit providers.

(i)

Source of compensation.

(j)

Authorization.

300aa–16.
Limitations of actions.

        

(a)

General rule.

(b)

Effect of revised table.

(c)

State limitations of actions.

300aa–17.
Subrogation.

        

(a)

General rule.

(b)

Disposition of amounts recovered.

300aa–18.
Repealed.
300aa–19.
Advisory Commission on Childhood Vaccines.

        

(a)

Establishment.

(b)

Term of office.

(c)

Meetings.

(d)

Compensation.

(e)

Staff.

(f)

Functions.

subpart b—additional remedies

300aa–21.
Authority to bring actions.

        

(a)

Election.

(b)

Continuance or withdrawal of petition.

(c)

Limitations of actions.

300aa–22.
Standards of responsibility.

        

(a)

General rule.

(b)

Unavoidable adverse side effects; warnings.

(c)

Direct warnings.

(d)

Construction.

(e)

Preemption.

300aa–23.
Trial.

        

(a)

General rule.

(b)

Liability.

(c)

General damages.

(d)

Punitive damages.

(e)

Evidence.

subpart c—assuring a safer childhood vaccination program in united states

300aa–25.
Recording and reporting of information.

        

(a)

General rule.

(b)

Reporting.

(c)

Release of information.

300aa–26.
Vaccine information.

        

(a)

General rule.

(b)

Development and revision of materials.

(c)

Information requirements.

(d)

Health care provider duties.

300aa–27.
Mandate for safer childhood vaccines.

        

(a)

General rule.

(b)

Task force.

(c)

Report.

300aa–28.
Manufacturer recordkeeping and reporting.

        

(a)

General rule.

(b)

Sanction.

subpart d—general provisions

300aa–31.
Citizen's actions.

        

(a)

General rule.

(b)

Notice.

(c)

Costs of litigation.

300aa–32.
Judicial review.
300aa–33.
Definitions.
300aa–34.
Termination of program.

        

(a)

Reviews.

(b)

Report.

SUBCHAPTER XX—REQUIREMENTS FOR CERTAIN GROUP HEALTH PLANS FOR CERTAIN STATE AND LOCAL EMPLOYEES

300bb–1.
State and local governmental group health plans must provide continuation coverage to certain individuals.

        

(a)

In general.

(b)

Exception for certain plans.

300bb–2.
Continuation coverage.
300bb–3.
Qualifying event.
300bb–4.
Applicable premium.
300bb–5.
Election.
300bb–6.
Notice requirements.
300bb–7.
Enforcement.
300bb–8.
Definitions.

        

SUBCHAPTER XXI—RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A—Administration of Research Programs

300cc.
Requirement of annual comprehensive report on all expenditures by Secretary with respect to acquired immune deficiency syndrome.

        

(a)

In general.

(b)

Inclusion of certain information.

300cc–1.
Requirement of expediting awards of grants and contracts for research.

        

(a)

In general.

(b)

Time limitations with respect to certain applications.

(c)

Requirements with respect to adjustments in time limitations.

(d)

Annual reports to Congress.

(e)

Quarterly reports for fiscal year 1989.

300cc–2.
Requirements with respect to processing of requests for personnel and administrative support.

        

(a)

In general.

(b)

Notice to Secretary and to Assistant Secretary for Health.

(c)

“Priority request” defined.

300cc–3.
Establishment of Research Advisory Committee.

        

(a)

In general.

(b)

Composition.

(c)

Duties.

Part B—Research Authority

300cc–11.
Clinical evaluation units at National Institutes of Health.

        

(a)

In general.

(b)

Personnel and administrative support.

(c)

Authorization of appropriations.

300cc–12.
Use of investigational new drugs with respect to acquired immune deficiency syndrome.

        

(a)

Encouragement of applications with respect to clinical trials.

(b)

Encouragement of applications with respect to treatment use in circumstances other than clinical trials.

(c)

Technical assistance with respect to treatment use.

(d)

“New drug” defined.

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

        

(a)

In general.

(b)

Requirement of certain projects.

(c)

Participation of private industry, schools of medicine and primary providers.

(d)

Requirement of application.

(e)

Authorization of appropriations.

300cc–14.
Evaluation of certain treatments.

        

(a)

Establishment of program.

(b)

Authority with respect to grants and contracts.

(c)

Scientific and ethical guidelines.

(d)

Authorization of appropriations.

300cc–15.
Support of international efforts.

        

(a)

Grants and contracts for research.

(b)

Grants and contracts for additional purposes.

(c)

Special Programme of World Health Organization.

(d)

Preferences.

(e)

Requirement of application.

(f)

Authorization of appropriations.

300cc–16.
Research centers.

        

(a)

In general.

(b)

Use of financial assistance.

(c)

Duration of support.

(d)

Authorization of appropriations.

300cc–17.
Information services.

        

(a)

Establishment of program.

(b)

Toll-free telephone communications for health care entities.

(c)

Data bank on research information.

(d)

Data bank on clinical trials and treatments.

(e)

Requirements with respect to data bank on clinical trials and treatments.

300cc–18.
Development of model protocols for clinical care of infected individuals.

        

(a)

In general.

(b)

Requirement of provision of certain services.

(c)

Limitation on imposition of charges for services.

(d)

Evaluation and reports.

(e)

Authorization of appropriations.

300cc–19.
National blood resource education program.
300cc–20.
Additional authority with respect to research.

        

(a)

Data collection with respect to national prevalence.

(b)

Epidemiological and demographic data.

(c)

Long-term research.

(d)

Social sciences research.

(e)

Authorization of appropriations.

Part C—Research Training

300cc–31.
Fellowships and training.

        

(a)

In general.

(b)

Programs conducted by National Institute of Mental Health.

(c)

Relationship to limitation on number of employees.

(d)

Authorization of appropriations.

Part D—Office of AIDS Research

subpart i—interagency coordination of activities

300cc–40.
Establishment of Office.

        

(a)

In general.

(b)

Duties.

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

        

(a)

Advisory Council.

(b)

Individual coordinating committees regarding research disciplines.

300cc–40b.
Comprehensive plan for expenditure of appropriations.

        

(a)

In general.

(b)

Certain components of plan.

(c)

Budget estimates.

(d)

Funding.

300cc–41.
Additional authorities.

        

(a)

In general.

(b)

Report to Secretary.

(c)

Projects for cooperation among public and private health entities.

subpart ii—emergency discretionary fund

300cc–43.
Emergency Discretionary Fund.

        

(a)

In general.

(b)

Peer review.

(c)

Limitations on use of Fund.

(d)

Applicability of limitation regarding number of employees.

(e)

Report to Congress.

(f)

Definitions.

(g)

Funding.

subpart iii—general provisions

300cc–45.
General provisions regarding Office.

        

(a)

Administrative support for Office.

(b)

Evaluation and report.

(c)

Definitions.

Part E—General Provisions

300cc–51.
Definitions.

        

SUBCHAPTER XXII—HEALTH SERVICES WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME

Part A—Formula Grants to States for Home and Community-Based Health Services

300dd to 300dd–14. Repealed.

        

Part B—Subacute Care

300dd–21.
Demonstration projects.

        

(a)

Definitions.

(b)

Authorization to conduct three projects.

(c)

Services.

(d)

Time and place.

(e)

Evaluation and report.

(f)

Other research.

(g)

Authorization of appropriations.

(h)

Services to veterans.

Part C—Other Health Services

300dd–31.
Grants for anonymous testing.
300dd–32.
Requirement of provision of certain counseling services.

        

(a)

Counseling before testing.

(b)

Counseling of individuals with negative test results.

(c)

Counseling of individuals with positive test results.

(d)

Rule of construction with respect to counseling without testing.

(e)

Use of funds.

300dd–33.
Funding.
300dd–41.
Transferred.

        

SUBCHAPTER XXIII—PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME

300ee.
Use of funds.

        

(a)

In general.

(b)

Contents of programs.

(c)

Limitation.

(d)

Construction.

300ee–1.
Establishment of office with respect to minority health and acquired immune deficiency syndrome.
300ee–2.
Information for health and public safety workers.

        

(a)

Development and dissemination of guidelines.

(b)

Use in occupational standards.

(c)

Development and dissemination of model curriculum for emergency response employees.

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

        

(a)

In general.

(b)

Limitation.

(c)

Requirement of matching funds.

(d)

Requirement of application.

(e)

Authorization of appropriations.

300ee–4.
Technical assistance.
300ee–5.
Use of funds to supply hypodermic needles or syringes for illegal drug use; prohibition.
300ee–6.
Transferred.

        

Part A—Formula Grants to States

300ee–11.
Establishment of program.

        

(a)

Allotments for States.

(b)

Purpose of grants.

300ee–12.
Provisions with respect to carrying out purpose of grants.
300ee–13.
Requirement of submission of application containing certain agreements and assurances.

        

(a)

In general.

(b)

Opportunity for public comment.

300ee–14.
Restrictions on use of grant.

        

(a)

In general.

(b)

Limitation on administrative expenses.

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

        

(a)

Reports.

(b)

Audits.

(c)

Availability to public.

(d)

Evaluations by Comptroller General.

300ee–16.
Additional required agreements.

        

(a)

In general.

(b)

“Significant percentage” defined.

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

        

(a)

Minimum allotment.

(b)

Determination of minimum allotment.

(c)

Determination under formula.

(d)

Disposition of certain funds appropriated for allotments.

300ee–18.
Failure to comply with agreements.

        

(a)

Repayment of payments.

(b)

Withholding of payments.

(c)

Opportunity for hearing.

(d)

Prompt response to serious allegations.

(e)

Investigations.

300ee–19.
Prohibition against certain false statements.

        

(a)

In general.

(b)

Criminal penalty for violation of prohibition.

300ee–20.
Technical assistance and provision by Secretary of supplies and services in lieu of grant funds.

        

(a)

Technical assistance.

(b)

Provision by Secretary of supplies and services in lieu of grant funds.

300ee–21.
Evaluations.
300ee–22.
Report by Secretary.
300ee–23.
Definition.
300ee–24.
Funding.

        

(a)

Authorization of appropriations.

(b)

Availability to States.

Part B—National Information Programs

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

        

(a)

Comprehensive information plan.

(b)

Clearinghouse.

(c)

Toll-free telephone communications.

300ee–32.
Public information campaigns.

        

(a)

In general.

(b)

Requirement of application.

300ee–33.
Provision of information to underserved populations.

        

(a)

In general.

(b)

Preferences in making grants.

300ee–34.
Authorization of appropriations.

        

(a)

In general.

(b)

Allocations.

SUBCHAPTER XXIV—HIV HEALTH CARE SERVICES PROGRAM

300ff.
Purpose.
300ff–1.
Prohibition on use of funds.

        

Part A—Emergency Relief for Areas With Substantial Need for Services

300ff–11.
Establishment of program of grants.

        

(a)

Eligible areas.

(b)

Requirement regarding confirmation of cases.

(c)

Requirements regarding population.

(d)

Continued status as eligible area.

300ff–12.
Administration and planning council.

        

(a)

Administration.

(b)

HIV health services planning council.

(c)

Grievance procedures.

(d)

Process for establishing allocation priorities.

(e)

Training guidance and materials.

300ff–13.
Type and distribution of grants.

        

(a)

Grants based on relative need of area.

(b)

Supplemental grants.

(c)

Compliance with priorities of HIV planning council.

300ff–14.
Use of amounts.

        

(a)

Requirements.

(b)

Primary purposes.

(c)

Quality management.

(d)

Limited expenditures for personnel needs.

(e)

Requirement of status as medicaid provider.

(f)

Administration.

(g)

Construction.

300ff–15.
Application.

        

(a)

In general.

(b)

Application.

(c)

Single application and grant award.

(d)

Date certain for submission.

(e)

Requirements regarding imposition of charges for services.

300ff–16.
Technical assistance.
300ff–17.
Definitions.
300ff–18.
Repealed.

        

Part B—Care Grant Program

subpart i—general grant provisions

300ff–21.
Grants.

        

(a)

In general.

(b)

Priority for women, infants, and children.

300ff–22.
General use of grants.

        

(a)

In general.

(b)

Support services; outreach.

(c)

Early intervention services.

(d)

Quality management.

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

        

(a)

Consortia.

(b)

Assurances.

(c)

Application.

(d)

“Family centered care” defined.

(e)

Priority.

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

        

(a)

Uses.

(b)

Priority.

(c)

“Home- and community-based health services” defined.

300ff–25.
Continuum of health insurance coverage.

        

(a)

In general.

(b)

Limitations.

300ff–26.
Provision of treatments.

        

(a)

In general.

(b)

Eligible individual.

(c)

State duties.

(d)

Duties of Secretary.

(e)

Use of health insurance and plans.

300ff–27.
State application.

        

(a)

In general.

(b)

Description of intended uses and agreements.

(c)

Requirements regarding imposition of charges for services.

(d)

Requirement of matching funds regarding State allotments.

300ff–27a.
Spousal notification.

        

(a)

In general.

(b)

Definitions.

300ff–28.
Distribution of funds.

        

(a)

Amount of grant to State.

(b)

Allocation of assistance by States.

(c)

Expedited distribution.

(d)

Reallocation.

300ff–29.
Technical assistance.
300ff–30.
Supplemental grants.

        

(a)

In general.

(b)

Eligibility.

(c)

Reporting requirements.

(d)

Definition of emerging community.

(e)

Funding.

300ff–31.
Repealed.

        

subpart ii—provisions concerning pregnancy and perinatal transmission of hiv

300ff–33.
CDC guidelines for pregnant women.

        

(a)

Requirement.

(b)

Noncompliance.

(c)

Additional funds regarding women and infants.

300ff–34.
Perinatal transmission of HIV disease; contingent requirement regarding State grants under this part.

        

(a)

Annual determination of reported cases.

(b)

Causes of perinatal transmission.

(c)

CDC reporting system.

300ff–35, 300ff–36. Repealed.
300ff–37.
State HIV testing programs established prior to or after May 20, 1996.
300ff–37a.
Recommendations for reducing incidence of perinatal transmission.

        

(a)

Study by Institute of Medicine.

(b)

Progress toward recommendations.

(c)

Submission of reports to Congress.

subpart iii—certain partner notification programs

300ff–38.
Grants for partner notification programs.

        

(a)

In general.

(b)

Description of compliant State programs.

(c)

Reporting system for cases of HIV disease; preference in making grants.

(d)

Authorization of appropriations.

Part C—Early Intervention Services

300ff–41 to 300ff–50. Repealed.

        

subpart i—categorical grants

300ff–51.
Establishment of program.

        

(a)

In general.

(b)

Purposes of grants.

(c)

Participation in certain consortium.

300ff–52.
Minimum qualifications of grantees.

        

(a)

In general.

(b)

Status as medicaid provider.

300ff–53.
Preferences in making grants.

        

(a)

In general.

(b)

Specification of factors.

(c)

Equitable allocations.

(d)

Certain areas.

300ff–54.
Miscellaneous provisions.

        

(a)

Services for individuals with hemophilia.

(b)

Technical assistance.

(c)

Planning and development grants.

300ff–55.
Authorization of appropriations.

        

subpart ii—general provisions

300ff–61.
Confidentiality and informed consent.

        

(a)

Confidentiality.

(b)

Informed consent.

300ff–62.
Provision of certain counseling services.

        

(a)

Counseling before testing.

(b)

Counseling of individuals with negative test results.

(c)

Counseling of individuals with positive test results.

(d)

Additional requirements regarding appropriate counseling.

(e)

Counseling of emergency response employees.

(f)

Rule of construction regarding counseling without testing.

300ff–63.
Applicability of requirements regarding confidentiality, informed consent, and counseling.
300ff–64.
Additional required agreements.

        

(a)

Reports to Secretary.

(b)

Provision of opportunities for anonymous counseling and testing.

(c)

Prohibition against requiring testing as condition of receiving other health services.

(d)

Maintenance of support.

(e)

Requirements regarding imposition of charges for services.

(f)

Relationship to items and services under other programs.

(g)

Administration of grant.

300ff–65.
Requirement of submission of application containing certain agreements and assurances.
300ff–66.
Provision by Secretary of supplies and services in lieu of grant funds.

        

(a)

In general.

(b)

Limitation.

300ff–67.
Use of funds.

        

Part D—General Provisions

300ff–71.
Grants for coordinated services and access to research for women, infants, children, and youth.

        

(a)

In general.

(b)

Provisions regarding participation in research.

(c)

Provisions regarding conduct of research.

(d)

Additional services for patients and families.

(e)

Coordination with other entities.

(f)

Administration.

(g)

Coordination with National Institutes of Health.

(h)

Annual review of programs; evaluations.

(i)

Limitation on administrative expenses.

(j)

Training and technical assistance.

(k)

Authorization of appropriations.

300ff–72.
Provisions relating to blood banks.

        

(a)

Informational and training programs.

(b)

Updates.

(c)

Authorization of appropriations.

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

        

(a)

Establishment.

(b)

Report.

(c)

Authorization of appropriations.

300ff–74.
Evaluations and reports.

        

(a)

Evaluations.

(b)

Report to Congress.

(c)

Authorization of appropriations.

(d)

Allocation of funds.

300ff–75.
Coordination.

        

(a)

Requirement.

(b)

Report.

(c)

Integration by State.

(d)

Integration by local or private entities.

(e)

Recommendations regarding release of prisoners.

300ff–75a.
Audits.
300ff–75b.
Administrative simplification regarding parts A and B.

        

(a)

Coordinated disbursement.

(b)

Biennial applications.

(c)

Application simplification.

300ff–76.
Definitions.
300ff–77.
Authorization of appropriations.

        

(a)

Part A.

(b)

Part B.

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

        

Part E—Emergency Response Employees

subpart i—guidelines and model curriculum

300ff–80.
Grants for implementation.

        

(a)

In general.

(b)

Requirement of application.

(c)

Authorization of appropriations.

subpart ii—notifications of possible exposure to infectious diseases

300ff–81.
Infectious diseases and circumstances relevant to notification requirements.

        

(a)

In general.

(b)

Specification of airborne infectious diseases.

(c)

Dissemination.

300ff–82.
Routine notifications with respect to airborne infectious diseases in victims assisted.

        

(a)

Routine notification of designated officer.

(b)

Requirement of prompt notification.

300ff–83.
Request for notifications with respect to victims assisted.

        

(a)

Initiation of process by employee.

(b)

Initial determination by designated officer.

(c)

Submission of request to medical facility.

(d)

Evaluation and response regarding request to medical facility.

(e)

Time for making response.

(f)

Death of victim of emergency.

(g)

Assistance of public health officer.

300ff–84.
Procedures for notification of exposure.

        

(a)

Contents of notification to officer.

(b)

Manner of notification.

300ff–85.
Notification of employee.

        

(a)

In general.

(b)

Certain contents of notification to employee.

(c)

Responses other than notification of exposure.

300ff–86.
Selection of designated officers.

        

(a)

In general.

(b)

Preference in making designations.

300ff–87.
Limitations with respect to duties of medical facilities.
300ff–88.
Rules of construction.

        

(a)

Liability of medical facilities and designated officers.

(b)

Testing.

(c)

Confidentiality.

(d)

Failure to provide emergency services.

300ff–89.
Injunctions regarding violation of prohibition.

        

(a)

In general.

(b)

Facilitation of information on violations.

300ff–90.
Applicability of subpart.

        

Part F—Demonstration and Training

subpart i—special projects of national significance

300ff–101.
Special projects of national significance.

        

(a)

In general.

(b)

Grants.

(c)

Special projects.

(d)

Special populations.

(e)

Service development grants.

(f)

Coordination.

(g)

Replication.

subpart ii—aids education and training centers

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

        

(a)

Schools; centers.

(b)

Dental schools.

(c)

Authorization of appropriations.

SUBCHAPTER XXV—REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE

Part A—Group Market Reforms

subpart 1—portability, access, and renewability requirements

300gg.
Increased portability through limitation on preexisting condition exclusions.

        

(a)

Limitation on preexisting condition exclusion period; crediting for periods of previous coverage.

(b)

Definitions.

(c)

Rules relating to crediting previous coverage.

(d)

Exceptions.

(e)

Certifications and disclosure of coverage.

(f)

Special enrollment periods.

(g)

Use of affiliation period by HMOs as alternative to preexisting condition exclusion.

300gg–1.
Prohibiting discrimination against individual participants and beneficiaries based on health status.

        

(a)

In eligibility to enroll.

(b)

In premium contributions.

subpart 2—other requirements

300gg–4.
Standards relating to benefits for mothers and newborns.

        

(a)

Requirements for minimum hospital stay following birth.

(b)

Prohibitions.

(c)

Rules of construction.

(d)

Notice.

(e)

Level and type of reimbursements.

(f)

Preemption; exception for health insurance coverage in certain States.

300gg–5.
Parity in application of certain limits to mental health benefits.

        

(a)

In general.

(b)

Construction.

(c)

Exemptions.

(d)

Separate application to each option offered.

(e)

Definitions.

(f)

Sunset.

300gg–6.
Required coverage for reconstructive surgery following mastectomies.

        

subpart 3—provisions applicable only to health insurance issuers

300gg–11.
Guaranteed availability of coverage for employers in group market.

        

(a)

Issuance of coverage in small group market.

(b)

Assuring access in large group market.

(c)

Special rules for network plans.

(d)

Application of financial capacity limits.

(e)

Exception to requirement for failure to meet certain minimum participation or contribution rules.

(f)

Exception for coverage offered only to bona fide association members.

300gg–12.
Guaranteed renewability of coverage for employers in group market.

        

(a)

In general.

(b)

General exceptions.

(c)

Requirements for uniform termination of coverage.

(d)

Exception for uniform modification of coverage.

(e)

Application to coverage offered only through associations.

300gg–13.
Disclosure of information.

        

(a)

Disclosure of information by health plan issuers.

(b)

Information described.

subpart 4—exclusion of plans; enforcement; preemption

300gg–21.
Exclusion of certain plans.

        

(a)

Exception of certain small group health plans.

(b)

Limitation on application of provisions relating to group health plans.

(c)

Exception for certain benefits.

(d)

Exception for certain benefits if certain conditions met.

(e)

Treatment of partnerships.

300gg–22.
Enforcement.

        

(a)

State enforcement.

(b)

Secretarial enforcement authority.

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

        

(a)

Continued applicability of State law with respect to health insurance issuers.

(b)

Special rules in case of portability requirements.

(c)

Rules of construction.

(d)

Definitions.

Part B—Individual Market Rules

subpart 1—portability, access, and renewability requirements

300gg–41.
Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage.

        

(a)

Guaranteed availability.

(b)

“Eligible individual” defined.

(c)

Alternative coverage permitted where no State mechanism.

(d)

Special rules for network plans.

(e)

Application of financial capacity limits.

(e)

Market requirements.

(f)

Construction.

300gg–42.
Guaranteed renewability of individual health insurance coverage.

        

(a)

In general.

(b)

General exceptions.

(c)

Requirements for uniform termination of coverage.

(d)

Exception for uniform modification of coverage.

(e)

Application to coverage offered only through associations.

300gg–43.
Certification of coverage.
300gg–44.
State flexibility in individual market reforms.

        

(a)

Waiver of requirements where implementation of acceptable alternative mechanism.

(b)

Application of acceptable alternative mechanisms.

(c)

Provision related to risk.

subpart 2—other requirements

300gg–51.
Standards relating to benefits for mothers and newborns.

        

(a)

In general.

(b)

Notice requirement.

(c)

Preemption; exception for health insurance coverage in certain States.

300gg–52.
Required coverage for reconstructive surgery following mastectomies.

        

subpart 3—general provisions

300gg–61.
Enforcement.

        

(a)

State enforcement.

(b)

Secretarial enforcement authority.

300gg–62.
Preemption.

        

(a)

In general.

(b)

Rules of construction.

300gg–63.
General exceptions.

        

(a)

Exception for certain benefits.

(b)

Exception for certain benefits if certain conditions met.

Part C—Definitions; Miscellaneous Provisions

300gg–91.
Definitions.

        

(a)

Group health plan.

(b)

Definitions relating to health insurance.

(c)

Excepted benefits.

(d)

Other definitions.

(e)

Definitions relating to markets and small employers.

300gg–92.
Regulations.
300aaa to 300aaa–13. Transferred.

        

Chapter Referred to in Other Sections

This chapter is referred to in sections 217a–1, 247b–4a, 300a–7, 300a–29, 701, 1320a–1, 1320a–7b, 1396r–4, 1437d, 3013, 3796gg, 14402 of this title; title 7 section 136a–1; title 8 section 1255a; title 18 section 42; title 20 section 1092a; title 21 section 397; title 35 sections 156, 287; title 38 section 8126.

SUBCHAPTER I—ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Subchapter Referred to in Other Sections

This subchapter is referred to in title 5 section 5948.

§201. Definitions

When used in this chapter—

(a) The term “Service” means the Public Health Service;

(b) The term “Surgeon General” means the Surgeon General of the Public Health Service;

(c) Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.

(d) The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;

(e) The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;

(f) Except as provided in sections 246(g)(4)(B),1 247c(c)(1),1 254d(h)(3),1 263(5), 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

(g) The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;

(h) Repealed. Pub. L. 97–35, title IX, §986(a), Aug. 13, 1981, 95 Stat. 603.

(i) The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;

(j) The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca plant; all compounds, salts, preparations, or other derivatives obtained either from the raw material or from the various alkaloids; Indian hemp and its various derivatives, compounds, and preparations, and peyote in its various forms; isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) 1 of title 26);

(k) The term “addict” means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction;

(l) The term “psychiatric disorders” includes diseases of the nervous system which affect mental health;

(m) The term “State mental health authority” means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for administering the mental health program of the State, it means such other State agency;

(n) The term “heart diseases” means diseases of the heart and circulation;

(o) The term “dental diseases and conditions” means diseases and conditions affecting teeth and their supporting structures, and other related diseases of the mouth; and

(p) The term “uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration.

(q) The term “drug dependent person” means a person who is using a controlled substance (as defined in section 802 of title 21) and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.

(July 1, 1944, ch. 373, title I, §2, 58 Stat. 682; July 3, 1946, ch. 538, §3, 60 Stat. 421; Feb. 28, 1948, ch. 83, §1, 62 Stat. 38; June 16, 1948, ch. 481, §6(a), 62 Stat. 469; June 24, 1948, ch. 621, §6(a), 62 Stat. 601; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–70, §31(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–415, §5(a), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86–624, §29(a), July 12, 1960, 74 Stat. 419; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 91–212, §11, Mar. 13, 1970, 84 Stat. 67; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 91–513, title I, §2(b), Oct. 27, 1970, 84 Stat. 1240; Pub. L. 93–523, §2(b), Dec. 16, 1974, 88 Stat. 1693; Pub. L. 94–317, title III, §301(a), June 23, 1976, 90 Stat. 707; Pub. L. 94–484, title IX, §905(a), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–83, title I, §107, Aug. 1, 1977, 91 Stat. 386; Pub. L. 96–79, title II, §203(e)(2), Oct. 4, 1979, 93 Stat. 635; Pub. L. 97–35, title IX, §§902(d)(5), 986(a), Aug. 13, 1981, 95 Stat. 560, 603; Pub. L. 103–43, title XX, §2008(e), June 10, 1993, 107 Stat. 212.)

References in Text

Section 246(g) of this title, referred to in subsec. (f), was repealed by Pub. L. 96–398, title I, §107(d), Oct. 7, 1980, 94 Stat. 1571.

Section 247c(c)(1) of this title, referred to in subsec. (f), was repealed by Pub. L. 94–317, title II, §203(f)(1), June 23, 1976, 90 Stat. 704.

Section 254d(h)(3) of this title, referred to in subsec. (f), was redesignated section 254d(i)(4) of this title by Pub. L. 100–177, title II, §202(b)(5), title III, §301(1), Dec. 1, 1987, 101 Stat. 996, 1003.

Section 292a of this title, referred to in subsec. (f), contained definitions for purposes of subchapter V of this chapter prior to the general revision of subchapter V by Pub. L. 102–408, title I, §102, Oct. 13, 1992, 106 Stat. 1994. See sections 292o and 295p of this title.

Section 300n of this title, referred to in subsec. (f), was repealed by Pub. L. 99–660, title VII, §701(a), Nov. 14, 1986, 100 Stat. 3799.

Section 4731(g) of title 26, referred to in subsec. (j), was repealed by Pub. L. 91–513, title III, §1101(b)(3)(A), Oct. 27, 1970, 84 Stat. 1292. A definition of “opiate” is contained in section 102 of Pub. L. 91–513, which is classified to section 802 of Title 21, Food and Drugs. Reference to section 4731(g) of title 26 was substituted for “section 3228(f) of title 26” on authority of section 7852(b) of Title 26, Internal Revenue Code, which provides that a reference in other laws to the Internal Revenue Code of 1939 is deemed a reference to the corresponding provision of the Internal Revenue Code of 1986.

Amendments

1993—Subsec. (c). Pub. L. 103–43 substituted “Health and Human Services” for “Health, Education, and Welfare”.

1981—Subsec. (f). Pub. L. 97–35, §902(d)(5), struck out reference to section 300d(2) of this title.

Subsec. (h). Pub. L. 97–35, §986(a), struck out subsec. (h) which defined “seamen”.

1979—Subsec. (f). Pub. L. 96–79 struck out from enumeration of excepted sections reference to section 300s–3(1) of this title.

1977—Subsec. (f). Pub. L. 95–83 expanded definition of “State” to include American Samoa and the Trust Territory of the Pacific Islands.

1976—Subsec. (f). Pub. L. 94–484 inserted in list of excepted sections reference to sections 247c(c)(1), 254d(h)(3), 263(5), and 292a(9) of this title, struck out from enumeration reference to section 263c(5) of this title, and defined “State” to include the Northern Mariana Islands.

Pub. L. 94–317 substituted provisions defining, with certain specific exceptions, “State” to include the several States, the District of Columbia, Guam, Puerto Rico and the Virgin Islands for provisions defining “State” to include a State or the District of Columbia, Puerto Rico, or the Virgin Islands, except in section 264(d) of this title such term means a State or the District of Columbia, and in subchapter XII of this chapter such term includes Guam, American Samoa, and the Trust Territory of the Pacific Islands.

1974—Subsec. (f). Pub. L. 93–523 designated existing provisions as cl. (1) and added cl. (2).

1970—Subsec. (c). Pub. L. 91–212 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The term ‘Administrator’ means the Federal Security Administrator;”.

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

1960—Subsec. (f). Pub. L. 86–624 struck out “Hawaii,” before “Puerto Rico”.

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

1959—Subsec. (f). Pub. L. 86–70 struck out “Alaska,” after “Hawaii,” and substituted “or the District of Columbia” for “, the District of Columbia, or Alaska”.

1948—Subsec. (j). Act Feb. 28, 1948, inserted “isonipecaine and its derivatives, compounds, salts, and preparations; opiates (as defined in section 4731(g) of title 26)”.

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

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

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

Change of Name

Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesignated Commissioned Officer Corps of ESSA as Commissioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters.

Effective Date of 2000 Amendment

Pub. L. 106–310, div. A, title XXIX, §2901, Oct. 17, 2000, 114 Stat. 1168, provided that: “This division [see Tables for classification] and the amendments made by this division take effect October 1, 2000, or upon the date of the enactment of this Act [Oct. 17, 2000], whichever occurs later.”

Effective Date of 1993 Amendment

Section 2101 of Pub. L. 103–43 provided that: “Subject to section 203(c) [enacting provisions set out as a note under section 283c of this title], this Act [see Short Title of 1993 Amendment note below] and the amendments made by this Act take effect upon the date of the enactment of this Act [June 10, 1993].”

Effective Date of 1981 Amendment

Amendment by section 902(d)(5) of Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title.

Amendment by section 986(a) of Pub. L. 97–35 effective Oct. 1, 1981, see section 986(c) of Pub. L. 97–35, set out as a note under section 249 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–79 effective Oct. 1, 1979, see section 204 of Pub. L. 96–79, set out as a note under section 300q of this title.

Effective Date of 1970 Amendment

Section 12(b) of Pub. L. 91–212 provided that: “The amendments made by sections 10(d) and 11 [amending this section and sections 276, 277, 278, 280, 280a–1, 280b–2 to 280b–9, and 280b–11 of this title] shall take effect on the date of enactment of this Act [Mar. 13, 1970].”

Effective Date of 1960 Amendment

Section 47(f) of Pub. L. 86–624 provided that: “The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14 [amending sections 15i, 15jj, 15ggg, 244, and 645 of Title 20, Education], by section 20(a) [amending section 41 of Title 29, Labor], by section 23(b) [amending section 466j of Title 33, Navigation and Navigable Waters], by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29 [amending this section and sections 255, 264, and 291i of this title], and by subsection (d), and paragraph (2) of subsection (c), of section 30 [amending sections 410 and 1301 of this title] shall become effective on August 21, 1959.”

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–70 effective Jan. 3, 1959, see section 47(d) of Pub. L. 86–70.

Short Title of 2001 Amendment

Pub. L. 107–84, §1, Dec. 18, 2001, 115 Stat. 823, provided that: “This Act [enacting sections 247b–18, 247b–19, and 283g of this title and enacting provisions set out as notes under sections 247b–18 and 281 of this title] may be cited as the ‘Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001’, or the ‘MD–CARE Act’.”

Short Title of 2000 Amendments

Pub. L. 106–580, §1, Dec. 29, 2000, 114 Stat. 3088, provided that: “This Act [enacting section 285r of this title, amending section 281 of this title, and enacting provisions set out as notes under section 285r of this title] may be cited as the ‘National Institute of Biomedical Imaging and Bioengineering Establishment Act’.”

Pub. L. 106–551, §1, Dec. 20, 2000, 114 Stat. 2752, provided that: “This Act [enacting section 287a–3a of this title and provisions set out as a note under section 287a–3a of this title] may be cited as the ‘Chimpanzee Health Improvement, Maintenance, and Protection Act’.”

Pub. L. 106–545, §1, Dec. 19, 2000, 114 Stat. 2721, provided that: “This Act [enacting sections 285l–2 to 285l–5 of this title] may be cited as the ‘ICCVAM Authorization Act of 2000’.”

Pub. L. 106–525, §1(a), Nov. 22, 2000, 114 Stat. 2495, provided that: “This Act [enacting sections 287c–31 to 287c–34, 293e, 296e–1, and 299a–1 of this title, amending sections 281, 296f, 299a, 299c–6, and 300u–6 of this title, repealing section 283b of this title, and enacting provisions set out as notes under sections 281, 287c–31, 293e, and 3501 of this title] may be cited as the ‘Minority Health and Health Disparities Research and Education Act of 2000’.”

Pub. L. 106–505, §1(a), Nov. 13, 2000, 114 Stat. 2314, provided that: “This Act [enacting sections 238p, 238q, 247d to 247d–7, 254c–9 to 254c–13, 284k, 284l, 285d–6a, 285e–10a, 285f–3, 287a–4 and 288–5a of this title, amending sections 273, 274b–5, 284d, 285a–8, 285e–11, 285f–3, 287a–2 and 287a–3 of this title, repealing former section 247d of this title, enacting provisions set out as notes under this section and sections 238p, 254c, 273, 284k, 285d–6a, 287, 287a–2 and 289 of this title, and amending provisions set out as a note under section 289 of this title] may be cited as the ‘Public Health Improvement Act’.”

Pub. L. 106–505, title I, §101, Nov. 13, 2000, 114 Stat. 2315, provided that: “This title [enacting sections 247d to 247d–7 of this title and repealing former section 247d of this title] may be cited as the ‘Public Health Threats and Emergencies Act’.”

Pub. L. 106–505, title II, §201, Nov. 13, 2000, 114 Stat. 2325, provided that: “This title [enacting sections 284k, 284l, 287a–4 and 288a–5 of this title, amending section 284d of this title, and enacting provisions set out as notes under section 284k of this title] may be cited as the ‘Clinical Research Enhancement Act of 2000’.”

Pub. L. 106–505, title III, §301, Nov. 13, 2000, 114 Stat. 2330, provided that: “This title [enacting section 287a–2 of this title, amending section 287a–3 of this title, and enacting provisions set out as notes under sections 287 and 287a–2 of this title] may be cited as the ‘Twenty-First Century Research Laboratories Act’.”

Pub. L. 106–505, title IV, §401, Nov. 13, 2000, 114 Stat. 2336, provided that: “This subtitle [subtitle A (§§401–404) of title IV of Pub. L. 106–505, enacting sections 238p and 238q of this title and provisions set out as a note under section 238p of this title] may be cited as the ‘Cardiac Arrest Survival Act of 2000’.”

Pub. L. 106–505, title V, §501, Nov. 13, 2000, 114 Stat. 2342, provided that: “This title [enacting sections 254c–9 to 254c–13 and 285d–6a of this title and provisions set out as a note under section 285d–6a of this title] may be cited as the ‘Lupus Research and Care Amendments of 2000’.”

Pub. L. 106–505, title VI, §601, Nov. 13, 2000, 114 Stat. 2345, provided that: “This title [amending sections 247b–5 and 285a–8 of this title] may be cited as the ‘Prostate Cancer Research and Prevention Act’.”

Pub. L. 106–505, title VII, §701(a), Nov. 13, 2000, 114 Stat. 2346, provided that: “This section [amending section 273 of this title and enacting provisions set out as a note under section 273 of this title] may be cited as the “Organ Procurement Organization Certification Act of 2000’.”

Pub. L. 106–345, §1, Oct. 20, 2000, 114 Stat. 1319, provided that: “This Act [enacting subpart III (§300ff–38) of part B of subchapter XXIV of this chapter and sections 247c–2, 300ff–30, 300ff–37a, 300ff–75a, and 300ff–75b of this title, redesignating subparts II (§300ff–51 et seq.) and III (§300ff–61 et seq.) of part C of subchapter XXIV of this chapter as subparts I and II, respectively, of part C of subchapter XXIV of this chapter, amending sections 300ff–12 to 300ff–15, 300ff–21 to 300ff–23, 300ff–26 to 300ff–28, 300ff–33, 300ff–34, 300ff–37, 300ff–53 to 300ff–55, 300ff–61, 300ff–62, 300ff–64, 300ff–71, 300ff–73 to 300ff–75, 300ff–77, and 300ff–111 of this title, repealing former subpart I (§300ff–41 et seq.) of part C of subchapter XXIV of this chapter and sections 300ff–31, 300ff–35, and 300ff–36 of this title, and enacting provisions set out as notes under sections 300cc, 300ff–11, 300ff–12, and 300ff–111 of this title] may be cited as the ‘Ryan White CARE Act Amendments of 2000’.”

Pub. L. 106–310, §1, Oct. 17, 2000, 114 Stat. 1101, provided that: “This Act [see Tables for classification] may be cited as the ‘Children's Health Act of 2000’.”

Pub. L. 106–310, div. B, §3001, Oct. 17, 2000, 114 Stat. 1168, provided that: “This division [see Tables for classification] may be cited as the ‘Youth Drug and Mental Health Services Act’.”

Pub. L. 106–310, div. B, title XXXVI, §3661, Oct. 17, 2000, 114 Stat. 1241, provided that: “This subtitle [subtitle C (§§3661–3665) of title XXXVI of Pub. L. 106–310, enacting section 290aa–5b of this title and provisions set out as notes under section 290aa–5b of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Ecstasy Anti-Proliferation Act of 2000’.”

Short Title of 1999 Amendment

Pub. L. 106–129, §1, Dec. 6, 1999, 113 Stat. 1653, provided that: “This Act [enacting subchapter VII of this chapter and sections 254c–4 and 256e of this title, amending sections 203, 242b, 242q–1, 286d, 288, 289c–1, 290aa, 300cc–18, 300ff–73, 1320b–12, 11221, and 11261 of this title, enacting provisions set out as notes under sections 241, 254c, 295k, and 299 of this title, and amending provisions set out as a note under section 299a of this title] may be cited as the ‘Healthcare Research and Quality Act of 1999’.”

Short Title of 1998 Amendments

Pub. L. 105–392, §1(a), Nov. 13, 1998, 112 Stat. 3524, provided that: “This Act [see Tables for classification] may be cited as the ‘Health Professions Education Partnerships Act of 1998’.”

Pub. L. 105–392, title I, §121, Nov. 13, 1998, 112 Stat. 3562, provided that: “This subtitle [subtitle B (§§121–124) of title I of Pub. L. 105–392, enacting sections 296, 296a to 296f, 296j, 296m, 296p, 297q, and 297t of this title, transferring section 298b–2 of this title to section 296g of this title, repealing sections 296k to 296m, 296r, 297, 297–1, 297c, 298, 298a, 298b, 298b–1, 298b–3 to 298b–5, and 298b–7 of this title, and enacting provisions set out as notes under section 296 of this title] may be cited as the ‘Nursing Education and Practice Improvement Act of 1998’.”

Pub. L. 105–392, title IV, §419(a), Nov. 13, 1998, 112 Stat. 3591, provided that: “This section [enacting sections 280f to 280f–3 of this title and provisions set out as a note under section 280f of this title] may be cited as the ‘Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act’.”

Pub. L. 105–340, §1, Oct. 31, 1998, 112 Stat. 3191, provided that: “This Act [enacting sections 285b–7a and 300u–9 of this title and amending sections 242k, 280e–4, 283a, 284e, 285a–8, 285e–10, 287d, 300k, 300n–4a, 300n–5, and 300u–5 of this title] may be cited as the ‘Women's Health Research and Prevention Amendments of 1998’.”

Pub. L. 105–277, div. A, §101(f) [title IX, §901], Oct. 21, 1998, 112 Stat. 2681–337, 2681–436, provided that: “This title [enacting sections 300gg–6 and 300gg–52 of this title and section 1185b of Title 29, Labor, and provisions set out as notes under sections 300gg–6 and 300gg–52 of this title and section 1185b of Title 29] may be cited as the ‘Women's Health and Cancer Rights Act of 1998’.”

Pub. L. 105–248, §1, Oct. 9, 1998, 112 Stat. 1864, provided that: “This Act [amending section 263b of this title] may be cited as the ‘Mammography Quality Standards Reauthorization Act of 1998’.”

Pub. L. 105–196, §1, July 16, 1998, 112 Stat. 631, provided that: “This Act [enacting sections 274l and 274m of this title, amending sections 274g and 274k of this title, repealing former section 274l of this title, and enacting provisions set out as notes under section 274k of this title] may be cited as the ‘National Bone Marrow Registry Reauthorization Act of 1998’.”

Pub. L. 105–168, §1(a), Apr. 21, 1998, 112 Stat. 43, provided that: “This Act [amending section 247b–4 of this title and enacting provisions set out as a note under section 247b–4 of this title] may be cited as the ‘Birth Defects Prevention Act of 1998’.”

Short Title of 1997 Amendment

Pub. L. 105–78, title VI, §603(a), Nov. 13, 1997, 111 Stat. 1519, provided that: “This section [enacting section 284f of this title and provisions set out as a note under section 284f of this title] may be cited as the ‘Morris K. Udall Parkinson's Disease Research Act of 1997’.”

Short Title of 1996 Amendments

Pub. L. 104–299, §1, Oct. 11, 1996, 110 Stat. 3626, provided that: “This Act [enacting sections 254b and 254c of this title, amending sections 233, 256c, 1395x, and 1396d of this title, repealing sections 256 and 256a of this title, and enacting provisions set out as notes under sections 233 and 254b of this title] may be cited as the ‘Health Centers Consolidation Act of 1996’.”

Pub. L. 104–204, title VI, §601, Sept. 26, 1996, 110 Stat. 2935, provided that: “This title [enacting sections 300gg–4 and 300gg–51 of this title and section 1185 of Title 29, Labor, amending sections 300gg–21, 300gg–23, 300gg–44, 300gg–61, and 300gg–62 of this title and sections 1003, 1021, 1022, 1024, 1132, 1136, 1144, 1181, 1191, and 1191a of Title 29, and enacting provisions set out as notes under section 300gg–4 and 300gg–44 of this title and section 1003 of Title 29] may be cited as the ‘Newborns’ and Mothers’ Health Protection Act of 1996’.”

Pub. L. 104–204, title VII, §701, Sept. 26, 1996, 110 Stat. 2944, provided that: “This title [enacting section 300gg–5 of this title and section 1185a of Title 29, Labor, and enacting provisions set out as notes under section 300gg–5 of this title and section 1185a of Title 29] may be cited as the ‘Mental Health Parity Act of 1996’.”

Pub. L. 104–191, §1(a), Aug. 21, 1996, 110 Stat. 1936, provided that: “This Act [see Tables for classification] may be cited as the ‘Health Insurance Portability and Accountability Act of 1996’.”

Pub. L. 104–182, §1(a), Aug. 6, 1996, 110 Stat. 1613, provided that: “This Act [enacting sections 300g–7 to 300g–9, 300h–8, 300j–3c, and 300j–12 to 300j–18 of this title and section 1263a of Title 33, Navigation and Navigable Waters, amending sections 300f, 300g–1 to 300g–6, 300h, 300h–5 to 300h–7, 300i, 300i–1, 300j to 300j–2, 300j–4 to 300j–8, 300j–11, and 300j–21 to 300j–25 of this title, sections 4701 and 4721 of Title 16, Conservation, and section 349 of Title 21, Food and Drugs, repealing section 13551 of this title, enacting provisions set out as notes under this section, sections 300f, 300g–1, 300j–1, and 300j–12 of this title, section 1281 of Title 33, and section 45 of Title 40, Public Buildings, Property, and Works, and amending provisions set out as a note under this section] may be cited as the ‘Safe Drinking Water Act Amendments of 1996’.”

Pub. L. 104–146, §1, May 20, 1996, 110 Stat. 1346, provided that: “This Act [enacting sections 300ff–27a, 300ff–31, 300ff–33 to 300ff–37, 300ff–77, 300ff–78, 300ff–101, and 300ff–111 of this title, amending sections 294n, 300d, 300ff–11 to 300ff–17, 300ff–21 to 300ff–23, 300ff–26 to 300ff–29, 300ff–47 to 300ff–49, 300ff–51, 300ff–52, 300ff–54, 300ff–55, 300ff–64, 300ff–71, 300ff–74, 300ff–76, and 300ff–84 of this title, transferring section 294n of this title to section 300ff–111 of this title, repealing sections 300ff–18 and 300ff–30 of this title, and enacting provisions set out as notes under sections 300cc, 300ff–11, and 300ff–33 of this title and section 4103 of Title 5, Government Organization and Employees] may be cited as the ‘Ryan White CARE Act Amendments of 1996’.”

Short Title of 1995 Amendment

Pub. L. 104–73, §1(a), Dec. 26, 1995, 109 Stat. 777, provided that: “This Act [amending section 233 of this title and enacting provisions set out as a note under section 233 of this title] may be cited as the ‘Federally Supported Health Centers Assistance Act of 1995’.”

Short Title of 1993 Amendments

Pub. L. 103–183, §1(a), Dec. 14, 1993, 107 Stat. 2226, provided that: “This Act [enacting sections 247b–6, 247b–7, 256d, 280b–1a, 285f–2, 300n–4a, and 300u–8 of this title, amending sections 233, 238j, 242b, 242k, 242l, 242m, 247b, 247b–1, 247b–5, 247c, 247c–1, 254j, 280b, 280b–1, 280b–2, 280b–3, 280e–4, 300d, 300d–2, 300d–3, 300d–12, 300d–13, 300d–16, 300d–22, 300d–31, 300d–32, 300k, 300m, 300n, 300n–1, 300n–4, 300n–5, 300u–5, 300w, and 300aa–26 of this title, repealing sections 300d–1 and 300d–33 of this title, and enacting provisions set out as notes under sections 238j, 263b, 285f–2, and 300m of this title] may be cited as the ‘Preventive Health Amendments of 1993’.”

Section 1(a) of Pub. L. 103–43 provided that: “This Act [see Tables for classification] may be cited as the ‘National Institutes of Health Revitalization Act of 1993’.”

Short Title of 1992 Amendments

Pub. L. 102–539, §1, Oct. 27, 1992, 106 Stat. 3547, provided that: “This Act [enacting section 263b of this title and provisions set out as a note under section 263b of this title] may be cited as the ‘Mammography Quality Standards Act of 1992’.”

Pub. L. 102–531, §1(a), Oct. 27, 1992, 106 Stat. 3469, provided that: “This Act [enacting sections 247b–3 to 247b–5, 247c–1, 256c, 280d–11, 300l–1, and 300u–7 of this title, amending sections 236, 242l, 247b–1, 247d, 254b, 254c, 256, 256a, 280b to 280b–2, 285c–4, 285d–7, 285m–4, 289c, 290aa–9, 290bb–1, 292y, 293j, 293l, 294n, 295j, 295l, 295n, 295o, 296k, 298b–7, 300u, 300u–1, 300u–5, 300w, 300w–3 to 300w–5, 300aa–2, 300aa–15, 300aa–19, 300aa–26, 300cc, 300cc–2, 300cc–15, 300cc–17, 300cc–20, 300cc–31, 300ee–1, 300ee–2, 300ee–31, 300ee–32, 300ee–34, 300ff–11 to 300ff–13, 300ff–17, 300ff–27, 300ff–28, 300ff–41, 300ff–43, 300ff–49, 300ff–75, 4841, and 9604 of this title, section 1341 of Title 15, Trade and Commerce, and section 2001 of Title 25, Indians, repealing section 297j of this title, enacting provisions set out as notes under sections 236, 292y, 300e, and 300w–4 of this title, amending provisions set out as notes under sections 241, 281, and 295k of this title and section 303 of Title 38, Veterans’ Benefits, and repealing provisions set out as notes under section 246 and 300e of this title] may be cited as the ‘Preventive Health Amendments of 1992’.”

Pub. L. 102–515, §1, Oct. 24, 1992, 106 Stat. 3372, provided that: “This Act [enacting sections 280e to 280e–4 of this title and provisions set out as a note under section 280e of this title] may be cited as the ‘Cancer Registries Amendment Act’.”

Pub. L. 102–501, §1, Oct. 24, 1992, 106 Stat. 3268, provided that: “This Act [amending section 233 of this title and enacting provisions set out as notes under section 233 of this title] may be cited as the ‘Federally Supported Health Centers Assistance Act of 1992’.”

Pub. L. 102–493, §1, Oct. 24, 1992, 106 Stat. 3146, provided that: “This Act [enacting sections 263a–1 to 263a–7 of this title and provisions set out as a note under section 263a–1 of this title] may be cited as the ‘Fertility Clinic Success Rate and Certification Act of 1992’.”

Pub. L. 102–410, §1(a), Oct. 13, 1992, 106 Stat. 2094, provided that: “This Act [amending sections 299 to 299a–2, 299b to 299b–3, 299c to 299c–3, 299c–5, and 300w–9 of this title and enacting provisions set out as notes under sections 299a–2, 299b–1, and 299b–2 of this title] may be cited as the ‘Agency for Health Care Policy and Research Reauthorization Act of 1992’.”

Pub. L. 102–409, §1, Oct. 13, 1992, 106 Stat. 2092, provided that: “This Act [enacting section 283a of this title] may be cited as the ‘DES Education and Research Amendments of 1992’.”

Pub. L. 102–408, §1(a), Oct. 13, 1992, 106 Stat. 1992, provided that: “This Act [enacting subchapter V of this chapter and sections 297n, 298b–7, and 300d–51 of this title, amending sections 242a, 296k to 296m, 296r, 297, 297–1, 297b, 297d, 297e, 298, 298b, and 298b–6 of this title and section 1078–3 of Title 20, Education, repealing sections 295g–10a, 297c–1, and 297n of this title, enacting provisions set out as notes under this section, sections 292, 295j, 295k, 296k, and 297b of this title, section 1078–3 of Title 20, and section 343–1 of Title 21, Food and Drugs, and amending provisions set out as a note under section 300x of this title] may be cited as the ‘Health Professions Education Extension Amendments of 1992’.”

Pub. L. 102–408, title II, §201, Oct. 13, 1992, 106 Stat. 2069, provided that: “This title [enacting sections 297n and 298b–7 of this title, amending sections 296k to 296m, 296r, 297, 297–1, 297b, 297d, 297e, 298, 298b, and 298b–6 of this title, repealing sections 297c–1 and 297n of this title, and enacting provisions set out as notes under sections 296k and 297b of this title] may be referred to as the Nurse Education and Practice Improvement Amendments of 1992.”

Pub. L. 102–352, §1, Aug. 26, 1992, 106 Stat. 938, provided that: “This Act [amending sections 285n, 285n–2, 285o, 285o–2, 285p, 290aa–1, 290aa–3, 290cc–21, 290cc–28, 290cc–30, 300x–7, 300x–27, 300x–33, 300x–53, and 300y of this title, enacting provisions set out as a note under section 285n of this title, and amending provisions set out as notes under sections 290aa and 300x of this title] may be cited as the ‘Public Health Service Act Technical Amendments Act’.”

Pub. L. 102–321, §1(a), July 10, 1992, 106 Stat. 323, provided that: “This Act [see Tables for classification] may be cited as the ‘ADAMHA Reorganization Act’.”

Short Title of 1991 Amendments

Pub. L. 102–168, §1, Nov. 26, 1991, 105 Stat. 1102, provided that: “This Act [amending sections 300u, 300u–5, 300aa–11, 300aa–12, 300aa–15, 300aa–16, 300aa–19, and 300aa–21 of this title, enacting provisions set out as a note under section 300aa–11 of this title, and amending provisions set out as a note under section 300aa–1 of this title] may be cited as the ‘Health Information, Health Promotion, and Vaccine Injury Compensation Amendments of 1991’.”

Pub. L. 102–96, §1, Aug. 14, 1991, 105 Stat. 481, provided that: “This Act [amending section 300cc–13 of this title and enacting provisions set out as a note under section 300cc–13 of this title] may be cited as the ‘Terry Beirn Community Based AIDS Research Initiative Act of 1991’.”

Short Title of 1990 Amendments

Pub. L. 101–639, §1, Nov. 28, 1990, 104 Stat. 4600, provided that: “This Act [amending sections 290cc–13, 299a, 300x–3, and 300x–10 to 300x–12 of this title] may be cited as the ‘Mental Health Amendments of 1990’.”

Pub. L. 101–616, §1, Nov. 16, 1990, 104 Stat. 3279, provided that: “This Act [enacting sections 274f, 274g, 274k, and 274l of this title, amending sections 273 to 274d of this title, enacting provisions set out as notes under sections 273, 274, and 274k of this title, and repealing provisions set out as a note under section 273 of this title] may be cited as the ‘Transplant Amendments Act of 1990’.”

Pub. L. 101–613, §1, Nov. 16, 1990, 104 Stat. 3224, provided that: “This Act [enacting sections 285g–4 and 290b of this title and provisions set out as a note under section 285g–4 of this title] may be cited as the ‘National Institutes of Health Amendments of 1990’.”

Pub. L. 101–597, §1, Nov. 16, 1990, 104 Stat. 3013, provided that: “This Act [enacting sections 254f–1, 254o–1, and 254r of this title, amending sections 242a, 254d to 254i, 254k, 254l to 254q–1, 254s, 294h, 294n, 294aa, 295g–1, 296m, 1320c–5, 1395l, 1395u, 1395x, 3505d, and 9840 of this title and section 2123 of Title 10, Armed Forces, and enacting provisions set out as notes under sections 242a, 254l–1, and 254o of this title] may be cited as the ‘National Health Service Corps Revitalization Amendments of 1990’.”

Pub. L. 101–590, §1, Nov. 16, 1990, 104 Stat. 2915, provided that: “This Act [enacting subchapter X of this chapter, amending sections 300w–4 and 300w–9 of this title, and enacting provisions set out as a note under section 300d of this title] may be cited as the ‘Trauma Care Systems Planning and Development Act of 1990’.”

Pub. L. 101–558, §1, Nov. 15, 1990, 104 Stat. 2772, provided that: “This Act [amending sections 280b to 280b–3 of this title] may be cited as the ‘Injury Control Act of 1990’.”

Pub. L. 101–557, §1, Nov. 15, 1990, 104 Stat. 2766, provided that: “This Act [enacting sections 242q to 242q–5 of this title, amending sections 280c, 280c–2, 280c–3, 280c–5, 285e–2, 285e–3, 300u–6, 300ff–17, 300ff–51, and 300ff–52 of this title and section 4512 of Title 20, Education, and enacting provisions set out as a note under section 300u–6 of this title] may be cited as the ‘Home Health Care and Alzheimer's Disease Amendments of 1990’.”

Pub. L. 101–527, §1(a), Nov. 6, 1990, 104 Stat. 2311, provided that: “This Act [enacting sections 254c–1, 254t, 256a, 294bb, 294cc, and 300u–6 of this title, amending sections 242k, 242m, 254b, 254c, 294m, 294o, and 295g–2 of this title, enacting provisions set out as notes under sections 242k and 300u–6 of this title, and repealing provisions set out as a note under section 292h of this title] may be cited as the ‘Disadvantaged Minority Health Improvement Act of 1990’.”

Pub. L. 101–502, §1, Nov. 3, 1990, 104 Stat. 1285, provided that: “This Act [amending sections 207, 247b, 300aa–6, 300aa–11 to 300aa–13, 300aa–15, 300aa–16, 300aa–21, 300ff–13, 300ff–47, and 300ff–49 of this title, section 331 of Title 21, Food and Drugs, and section 201 of Title 37, Pay and Allowances of the Uniformed Services, enacting provisions set out as notes under sections 300aa–2, 300aa–11, and 300aa–12 of this title and section 201 of Title 37, and amending provisions set out as a note under section 300aa–1 of this title] may be cited as the ‘Vaccine and Immunization Amendments of 1990’.”

Pub. L. 101–381, §1, Aug. 18, 1990, 104 Stat. 576, provided that: “This Act [enacting subchapter XXIV of this chapter, transferring section 300ee–6 of this title to section 300ff–48 of this title, amending sections 284a, 286, 287a, 287c–2, 289f, 290aa–3a, 299c–5, 300ff–48, and 300aaa to 300aaa–13 of this title, and enacting provisions set out as notes under sections 300x–4, 300ff–11, 300ff–46, and 300ff–80 of this title] may be cited as the ‘Ryan White Comprehensive AIDS Resources Emergency Act of 1990’.”

Pub. L. 101–374, §1, Aug. 15, 1990, 104 Stat. 456, provided that: “This Act [amending sections 290aa–12, 290cc–2, and 300x–4 of this title, enacting provisions set out as notes under sections 289e, 290aa–12, 290cc–2, and 300x–4 of this title, and amending provisions set out as a note under section 289e of this title] may be cited as the ‘Drug Abuse Treatment Waiting Period Reduction Amendments of 1990’.”

Pub. L. 101–368, §1, Aug. 15, 1990, 104 Stat. 446, provided that: “This Act [amending section 247b of this title] may be cited as the ‘Tuberculosis Prevention Amendments of 1990’.”

Pub. L. 101–354, §1, Aug. 10, 1990, 104 Stat. 409, provided that: “This Act [enacting subchapter XIII of this chapter] may be cited as the ‘Breast and Cervical Cancer Mortality Prevention Act of 1990’.”

Short Title of 1989 Amendment

Pub. L. 101–93, §1, Aug. 16, 1989, 103 Stat. 603, provided that: “This Act [see Tables for classification] may be cited as the ‘Drug Abuse Treatment Technical Corrections Act of 1989’.”

Short Title of 1988 Amendments

Pub. L. 100–690, §2011, Nov. 18, 1988, 102 Stat. 4193, provided that: “This subtitle [subtitle A (§§2011–2081) of title II of Pub. L. 100–690, enacting sections 290aa–11 to 290aa–14, 290cc–11 to 290cc–13, 290ff, 300x–1a, 300x–4a, 300x–9a, and 300x–9b of this title, amending sections 242a, 290aa, 290aa–3, 290aa–6, 290aa–8, 290bb–2, 290cc to 290cc–2, 300x, 300x–1a to 300x–4, 300x–5, 300x–9, and 300x–10 to 300x–12 of this title and section 484 of Title 40, Public Buildings, Property, and Works, repealing sections 300y to 300y–2 of this title, enacting provisions set out as notes under this section and sections 290aa, 290cc–11, 300x–9a, and 300x–11 of this title, and amending provisions set out as a note under section 801 of Title 21, Food and Drugs] may be cited as the ‘Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988’.”

Pub. L. 100–607, §1(a), Nov. 4, 1988, 102 Stat. 3048, provided that: “This Act [see Tables for classification] may be cited as the ‘Health Omnibus Programs Extension of 1988’.”

Pub. L. 100–607, title I, §100(a), Nov. 4, 1988, 102 Stat. 3048, provided that: “This title [see Tables for classification] may be cited as the ‘National Institute on Deafness and Other Communication Disorders and Health Research Extension Act of 1988’.”

Pub. L. 100–607, title II, §200, Nov. 4, 1988, 102 Stat. 3062, provided that: “This title [see Tables for classification] may be cited as the ‘AIDS Amendments of 1988’.”

Pub. L. 100–607, title IV, §401(a), Nov. 4, 1988, 102 Stat. 3114, provided that: “This title [enacting sections 300y–21 to 300y–27 of this title, amending sections 273 to 274e of this title, and enacting provisions set out as notes under sections 273 and 300y–21 of this title] may be cited as the ‘Organ Transplant Amendments Act of 1988’.”

Pub. L. 100–607, title VI, §601(a), Nov. 4, 1988, 102 Stat. 3122, as amended by Pub. L. 100–690, title II, §2603(a)(1), Nov. 18, 1988, 102 Stat. 4234, provided that: “This title [see Tables for classification] may be cited as the ‘Health Professions Reauthorization Act of 1988’.”

Pub. L. 100–607, title VII, §700(a), Nov. 4, 1988, 102 Stat. 3153, provided that: “This title [enacting sections 296r, 297c–1, 297j, 297n, and 298b–6 of this title, amending sections 210, 294a, 296k, 296l, 296m, 297, 297–1, 297a, 297b, 297d, 297e, 298, and 298b–3 of this title, and enacting provisions set out as a note under section 297d of this title] may be cited as the ‘Nursing Shortage Reduction and Education Extension Act of 1988’.”

Pub. L. 100–607, title IX, §901, Nov. 4, 1988, 102 Stat. 3171, provided that: “This title [enacting section 300ee–6 of this title and provisions set out as notes under such section] may be cited as the ‘Prison Testing Act of 1988’.”

Pub. L. 100–578, §1, Oct. 31, 1988, 102 Stat. 2903, provided that: “This Act [amending section 263a of this title and enacting provisions set out as notes under section 263a of this title] may be cited as the ‘Clinical Laboratory Improvement Amendments of 1988’.”

Pub. L. 100–572, §1, Oct. 31, 1988, 102 Stat. 2884, provided that: “This Act [enacting sections 247b–1 and 300j–21 to 300j–26 of this title, and amending section 300j–4 of this title] may be cited as the ‘Lead Contamination Control Act of 1988’.”

Pub. L. 100–553, §1, Oct. 28, 1988, 102 Stat. 2769, provided that: “This Act [enacting sections 285m to 285m–6 of this title, amending sections 281 and 285j of this title, and enacting provisions set out as a note under section 285m of this title] shall be cited as the ‘National Deafness and Other Communication Disorders Act of 1988’.”

Pub. L. 100–517, §1(a), Oct. 24, 1988, 102 Stat. 2578, provided that: “This Act [amending sections 300e, 300e–1, 300e–9, and 300e–10 of this title, enacting provisions set out as notes under sections 300e, 300e–9, and 1302 of this title, and repealing provisions set out as notes under section 300e–1 of this title] may be cited as the ‘Health Maintenance Organization Amendments of 1988’.”

Pub. L. 100–386, §1(a), Aug. 10, 1988, 102 Stat. 919, provided that: “This Act [amending sections 254b and 254c of this title and enacting provisions set out as a note under section 254b of this title] may be cited as the ‘Community and Migrant Health Centers Amendments of 1988’.”

Short Title of 1987 Amendments

Pub. L. 100–203, title IV, §4301(a), Dec. 22, 1987, 101 Stat. 1330–221, provided that: “This subtitle [subtitle D (§§4301–4307) of title IV of Pub. L. 100–203, enacting section 300aa–34 of this title, amending sections 300aa–11 to 300aa–13, 300aa–15 to 300aa–17, 300aa–19, 300aa–21 to 300aa–23, 300aa–25 to 300aa–28, and 300aa–31 of this title, repealing section 300aa–18 of this title, and amending provisions set out as a note under section 300aa–1 of this title] may be cited as the ‘Vaccine Compensation Amendments of 1987’.”

Pub. L. 100–177, §1(a), Dec. 1, 1987, 101 Stat. 986, provided that: “This Act [enacting sections 254l–1, 254q, and 254q–1 of this title, amending sections 242a, 242c, 242k, 242m, 242n, 242p, 247b, 254d to 254g, 254h–1, 254k, 254m to 254q, 254r, 295g–8, and 11137 of this title, repealing former section 254q of this title, and enacting provisions set out as notes under sections 242c, 242k, 242m, 254l–1, 254o, 300aa–2, and 11137 of this title] may be cited as the ‘Public Health Service Amendments of 1987’.”

Pub. L. 100–175, title VI, §601, Nov. 29, 1987, 101 Stat. 979, provided that: “This title [enacting part K (§280c et seq.) of subchapter II of this chapter] may be cited as the ‘Health Care Services in the Home Act of 1987’.”

Pub. L. 100–97, §1, Aug. 18, 1987, 101 Stat. 713, provided: “That this Act [enacting section 295g–8a of this title and provisions set out as a note under section 295g–8a of this title] may be cited as the ‘Excellence in Minority Health Education and Care Act’.”

Short Title of 1986 Amendments

Pub. L. 99–660, title III, §301, Nov. 14, 1986, 100 Stat. 3755, provided that: “This title [enacting sections 300aa–1 to 300aa–33 of this title, amending sections 218, 242c, 262, 286, and 289f of this title, redesignating former sections 300aa to 300aa–15 of this title as sections 300cc to 300cc–15 of this title, and enacting provisions set out as notes under sections 300aa–1 and 300aa–4 of this title] may be cited as the ‘National Childhood Vaccine Injury Act of 1986’.”

Pub. L. 99–660, title V, §501, Nov. 14, 1986, 100 Stat. 3794, provided that: “This title [enacting sections 300x–10 to 300x–13 of this title and amending sections 290aa–3 and 300x–4 of this title] may be cited as the ‘State Comprehensive Mental Health Services Plan Act of 1986’.”

Pub. L. 99–660, title VIII, §801, Nov. 14, 1986, 100 Stat. 3799, provided that: “This title [amending sections 300e–1, 300e–4, 300e–5 to 300e–10, 300e–16, and 300e–17 of this title, repealing sections 300e–2, 300e–3, and 300e–4a of this title, and enacting provisions set out as notes under sections 300e, 300e–1, 300e–4, and 300e–5 of this title] may be cited as the ‘Health Maintenance Organization Amendments of 1986’.”

Pub. L. 99–649, §1, Nov. 10, 1986, 100 Stat. 3633, provided: “That this Act [enacting sections 280b to 280b–3 of this title and provisions set out as a note under section 280b of this title] may be cited as the ‘Injury Prevention Act of 1986’.”

Pub. L. 99–570, title IV, §4001(a), Oct. 27, 1986, 100 Stat. 3207–103, provided that: “This subtitle [subtitle A (§§4001–4022) of title IV of Pub. L. 99–570, enacting sections 290aa–3a, 290aa–6 to 290aa–10, and 300y to 300y–2 of this title, amending sections 218, 241, 290aa to 290aa–3, 290aa–4, 290aa–5, 290bb–1, 290bb–2, 290cc, and 290cc–2 of this title and sections 331 and 350a of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 290aa–3, 290aa–3a, and 290bb of this title] may be cited as the ‘Alcohol and Drug Abuse Amendments of 1986’.”

Pub. L. 99–339, §1, June 19, 1986, 100 Stat. 642, provided that: “This Act [enacting sections 300g–6, 300h–5 to 300h–7, 300i–1, and 300j–11 of this title, amending sections 300f, 300g–1 to 300g–5, 300h to 300h–2, 300h–4, 300h–6, 300h–7, 300i, 300j to 300j–4, 300j–7, and 6979a of this title and sections 1261 and 1263 of Title 15, Commerce and Trade, transferring section 6939b to 6979a of this title, and enacting provisions set out as notes under sections 300g–6 and 300j–1 of this title and section 1261 of Title 15] may be cited as the ‘Safe Drinking Water Act Amendments of 1986’.”

Pub. L. 99–280, §1(a), Apr. 24, 1986, 100 Stat. 399, provided that: “This Act [amending sections 254b and 254c of this title and repealing sections 300y to 300y–11 of this title] may be cited as the ‘Health Services Amendments Act of 1986’.”

Short Title of 1985 Amendments

Pub. L. 99–158, §1(a), Nov. 20, 1985, 99 Stat. 820, provided that: “This Act [enacting sections 275, 281 to 283, 284 to 284c, 285 to 285a–5, 285b to 285b–6, 285c to 285c–7, 285d to 285d–7, 285ed to 285e–2, 285f, 285g to 285g–3, 285h, 285i, 285j to 285j–2, 285k, 285l, 286 to 286a–1, 286b to 286b–8, 287 to 287a–1, 287b, 287c to 287c–3, 288 to 288b, and 289 to 289h of this title, amending sections 217a, 218, 241, 290aa–5, and 300c–12 of this title, repealing sections 275 to 280a–1, 280b to 280b–2, 280b–4, 280b–5, and 280b–7 to 280b–11 of this title, omitting sections 286c to 286e, 287d to 287i, 288c, 289, 289c–1 to 289c–3, 289c–4 to 289c–7, 289i to 289k, 289k–2 to 289k–5, and 289l to 289l–8 of this title, enacting provisions set out as notes under sections 218, 281, 285c, 285e, 285e–2, 285j–1 and 289d of this title, and repealing provisions set out as a note under section 287i of this title] may be cited as the ‘Health Research Extension Act of 1985’.”

Pub. L. 99–129, §1, Oct. 22, 1985, 99 Stat. 523, provided: “That this Act [enacting sections 294q–1 to 294q–3 of this title, amending sections 254l, 292a, 292b, 292h, 292j, 293c, 294a, 294b, 294d, 294e, 294g, 294j, 294m to 294p, 294z, 295f to 295f–2, 295g, 295g–1, 295g–3, 295g–4, 295g–6 to 295g–8, 295g–8b, 295h, 295h–1a to 295h–1c, 296k, 296l, 296m, 297a, 298b–5, and 300aa–14 of this title, repealing sections 292c, 295 to 295e–5, 295g–2, 295g–5, 295g–8a, and 295g–9 of this title, enacting provisions set out as notes under sections 254l, 292h, 293c, 294d, 294n, and 300aa–14 of this title and section 462 of the Appendix to Title 50, War and National Defense, and amending provisions set out as a note under section 298b–5 of this title] may be cited as the ‘Health Professions Training Assistance Act of 1985’.”

Pub. L. 99–117, §1(a), Oct. 7, 1985, 99 Stat. 491, provided that: “this Act [amending sections 207, 210, 213a, 242c, 242n, 243, 246, 247b, 247e, 253, 290aa–3, 300x–4, 300x–5, and 300x–9 of this title and section 1333 of Title 15, Commerce and Trade, repealing sections 247, 254a–1, 299 to 299j, 300d–4, 300d–6, and 300aa–4 of this title, and enacting provisions set out as notes under sections 210, 241, and 242n of this title] may be cited as the ‘Health Services Amendments of 1985’.”

Pub. L. 99–92, §1, Aug. 16, 1985, 99 Stat. 393, provided: “That this Act [enacting section 297i of this title, transferring section 296c to section 298b–5 of this title, amending sections 296k to 296m, 297, 297–1, 297a, 297b, 297d, 297e, 298, 298b, and 298b–5 of this title, sections 1332, 1333, 1336, and 1341 of Title 15, Commerce and Trade, and section 6103 of Title 26, Internal Revenue Code, repealing sections 296 to 296b, 296d to 296f, 296j, 297h, and 297j of this title, and enacting provisions set out as notes under sections 296k and 298b–5 of this title and section 1333 of Title 15] may be cited as the ‘Nurse Education Amendments of 1985’.”

Short Title of 1984 Amendments

Pub. L. 98–555, §1(a), Oct. 30, 1984, 98 Stat. 2854, provided that: “this Act [enacting sections 300w–9 and 300w–10 of this title and amending sections 247b, 247c, 255, 300, 300w, 300w–4, and 300w–5 of this title] may be cited as the ‘Preventive Health Amendments of 1984’.”

Pub. L. 98–551, §1, Oct. 30, 1984, 98 Stat. 2815, provided: “That this Act [enacting section 300u–5 of this title, amending sections 242b, 242c, 242m, 242n, 254r, 300u, and 300u–3 of this title and sections 360bb and 360ee of Title 21, Food and Drugs, and repealing sections 300u–5 to 300u–9 of this title] may be cited as the ‘Health Promotion and Disease Prevention Amendments of 1984’.”

Pub. L. 98–509, §1(a), Oct. 19, 1984, 98 Stat. 2353, provided that: “this Act [enacting sections 290bb–1a, 290cc–1, 290cc–2, and 300x–1a of this title, amending sections 218, 290aa, 290aa–1 to 290aa–3, 290bb, 290bb–2, 290cc, 290dd, 290dd–1, 300x, 300x–1, and 300x–2 to 300x–9 of this title and section 802 of Title 21, Food and Drugs, repealing sections 1161 to 1165 of Title 21, and enacting provisions set out as notes under sections 300x and 300x–1a of this title and section 802 of Title 21] may be cited as the ‘Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984’.”

Pub. L. 98–507, §1, Oct. 19, 1984, 98 Stat. 2339, provided: “That this Act [enacting sections 273 to 274e of this title and provisions set out as notes under section 273 of this title] may be cited as the ‘National Organ Transplant Act’.”

Short Title of 1983 Amendments

Pub. L. 98–194, §1, Dec. 1, 1983, 97 Stat. 1345, provided: “That this Act [amending section 254g of this title and enacting provisions set out as notes under section 254g of this title] may be cited as the ‘Rural Health Clinics Act of 1983’.”

Pub. L. 98–24, §1(a), Apr. 26, 1983, 97 Stat. 175, provided that: “This Act [enacting sections 290aa–4 and 290aa–5 of this title, transferring sections 219 to 224, 225a to 227, 228 to 229d, 289k–1, 3511, 4551, 4585, 4587, 4588, 4571, 4561, 4581, and 4582 of this title to sections 300aa to 300aa–5, 300aa–6 to 300aa–8, 300aa–9 to 300aa–14, 290aa–3, 290aa, 290aa–1, 290bb, 290bb–1, 290bb–2, 290dd, 290dd–1, 290dd–2, and 290dd–3 of this title, respectively, and sections 1173(a), 1174, 1175, 1180, 1191, 1192, and 1193 of Title 21, Food and Drugs, to sections 290aa–2(e), 290ee–2, 290ee–3, 290ee–1, 290aa–2, 290ee, and 290cc of this title, respectively, amending sections 218, 278, 289l–4, 290aa to 290aa–2, 290bb to 290bb–2, 290cc, 290dd to 290dd–2, 290ee to 290ee–3, and 4577 of this title and sections 1165, 1173, and 1177 of Title 21, repealing sections 4552, 4553, and 4586 of this title and sections 1117, 1172, and 1194 of Title 21, enacting provisions set out as a note under section 290aa of this title, amending provisions set out as a note under section 4541 of this title, and repealing provisions set out as a note under section 242 of this title] may be cited as the ‘Alcohol and Drug Abuse Amendments of 1983’.”

Short Title of 1981 Amendment

Section 940(a) of Pub. L. 97–35 provided that: “This subtitle [subtitle F (§§940–949) of title IX of Pub. L. 97–35, amending sections 300e to 300e–4a, 300e–6 to 300e–9, 300e–11, 300e–17, and 300m–6 of this title, repealing sections 300e–13 and 300e–15 of this title, and enacting provisions set out as notes under sections 300e–9 and 300m–6 of this title] may be cited as the ‘Health Maintenance Organization Amendments of 1981’.”

Short Title of 1980 Amendment

Pub. L. 96–538, §1(a), Dec. 17, 1980, 94 Stat. 3183, provided that: “this Act [enacting sections 289c–3, 289c–4, 289c–7 of this title, amending sections 286e, 287c, 287i, 289a, 289c–1, 289c–2, 289c–5, 289c–6, 294a, 294d, 294v, 300k–1, 300l–5, 300m, 300m–3, 300m–6, 300n, and 300n–1 of this title and section 1182 of Title 8, Aliens and Nationality, repealing sections 289c–3a and 289c–8 and former sections 289c–3, 289c–4, and 289c–7 of this title, and enacting provisions set out as notes under sections 289, 300l–5, and 300m–6 of this title] may be cited as the ‘Health Programs Extension Act of 1980’.”

Short Title of 1979 Amendments

Pub. L. 96–142, title I, §101, Dec. 12, 1979, 93 Stat. 1067, provided that: “This title [amending sections 295g–9, 300d–1, 300d–3, 300d–5, 300d–6, 300d–8, and 300d–21 of this title and enacting provisions set out as a note under section 295g–9 of this title] may be cited as the ‘Emergency Medical Services Systems Amendments of 1979’.”

Pub. L. 96–142, title II, §201, Dec. 12, 1979, 93 Stat. 1070, provided that: “This title [enacting section 300c–12 and amending section 300c–11 of this title] may be cited as the ‘Sudden Infant Death Syndrome Amendments of 1979’.”

Section 1(a) of Pub. L. 96–79 provided that: “This Act [enacting sections 300m–6, 300s, 300s–1, 300s–6, and 300t–11 to 300t–14 of this title, amending this section and sections 246, 300k–1 to 300k–3, 300l to 300l–5, 300m to 300m–5, 300n, 300n–1, 300n–3, 300n–5, 300q, 300q–2, 300r, 300s–3, 300s–5, 300t, 1396b, 2689t, and 4573 of this title and section 1176 of Title 21, Food and Drugs, repealing sections 300o to 300o–3, 300p to 300p–3, 300q–1, and former section 300s of this title, redesignating former section 300s–1 as 300s–1a of this title, and enacting provisions set out as notes under sections 300k–1, 300l, 300l–1, 300l–4, 300l–5, 300m, 300m–6, 300n, 300q, and 300t–11 of this title] may be cited as the ‘Health Planning and Resources Development Amendments of 1979’.”

Pub. L. 96–76, title I, §101(a), Sept. 29, 1979, 93 Stat. 579, provided that: “This title [enacting section 297–1 of this title, amending sections 296, 296d, 296e, 296k to 296m, 297 to 297c, 297e, and 297j of this title, and enacting provisions set out as notes under sections 296 and 297j of this title] may be cited as the ‘Nurse Training Amendments of 1979’.”

Pub. L. 96–76, title III, §301, Sept. 29, 1979, 93 Stat. 584, provided that: “This title [amending sections 204, 206, 207, 209, 210–1, 210b, 211, 212, 213a, 215, and 218a of this title and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services, and enacting provisions set out as a note under section 206 of this title] may be cited as the ‘Public Health Service Administrative Amendments of 1979’.”

Short Title of 1978 Amendments

Pub. L. 95–626, §1(a), Nov. 10, 1978, 92 Stat. 3551, provided that: “This Act [enacting sections 242p, 247, 247a, 247b–1, 254a–1, 255, 256, 256a, 300a–21 to 300a–29, 300a–41, 300b–6, and 300u–6 to 300u–9 of this title, amending sections 218, 246, 247b, 247c, 247e, 254a, 254b, 254c, 254k, 294t, 294u, 295h–1, 300b, 300b–3, 300c–21, 300c–22, 300d–2, 300d–3, 300d–5, 300d–6, 300e–12, 300e–14a, 300u–5, 1396b, and 4846 of this title, repealing sections 256, 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under this section and sections 246, 247a, 247c, 254a–1, 254b to 254d, 256, 256a, 289b, 289d, 300a–21, 300d–2, and 300d–3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the ‘Health Services and Centers Amendments of 1978’.”

Pub. L. 95–626, title I, §101, Nov. 10, 1978, 92 Stat. 3551, provided that: “This part [part A (§§101–107) of title I of Pub. L. 95–626, enacting section 256a of this title, amending sections 218, 247e, 254b, 254c, 255, 300e–12, 300e–14a, and 1396b of this title, repealing section 256 of this title, and enacting provisions set out as notes under sections 254b, 254c, and 256a of this title] may be cited as the ‘Migrant and Community Health Centers Amendments of 1978’.”

Pub. L. 95–626, title I, §111, Nov. 10, 1978, 92 Stat. 3562, provided that: “This part [part B (§§111–116) of title I of Pub. L. 95–626, enacting sections 254a–1 and 256 of this title, amending sections 294t and 294u of this title, and enacting provisions set out as notes under sections 254a–1, 254d, and 256 of this title] may be cited as the ‘Primary Health Care Act of 1978’.”

Pub. L. 95–626, title II, §200, Nov. 10, 1978, 92 Stat. 3570, provided that: “This title [enacting sections 247, 247a, 255, and 300b–6 of this title, amending sections 246, 247b, 247c, 300b, 300b–3, 300c–21, 300c–22, 300d–2, 300d–3, 300d–5, 300d–6, and 4846 of this title, repealing sections 4801, 4811, 4844, and 4845 of this title, enacting provisions set out as notes under sections 246, 247a, 247c, 289d, 300d–2, and 300d–3 of this title, and amending provisions set out as notes under sections 300b and 1395x of this title] may be cited as the ‘Health Services Extension Act of 1978’.”

Pub. L. 95–623, §1(a), Nov. 9, 1978, 92 Stat. 3443, provided that: “This Act [enacting sections 229c, 242n, and 4362a of this title, amending sections 210, 242b, 242c, 242k, 242m, 242o, 289k, 289l–1, 292e, 292h, 292i, 294t, 295f–1, 295f–2, 295g–2, 295g–8, 295h–2, 7411, 7412, 7417, and 7617 of this title, repealing section 280c of this title, enacting provisions set out as a note under section 242m of this title, and amending provisions set out as notes under sections 292h, 295h–4, and 296 of this title] may be cited as the ‘Health Services Research, Health Statistics, and Health Care Technology Act of 1978’.”

Pub. L. 95–622, title II, §201(a), Nov. 9, 1978, 92 Stat. 3420, provided that: “This title [enacting sections 289l–6 to 289l–8 of this title, amending sections, 241, 248, 277, 280b, 281 to 286g, 287a to 287d, 287g, 287i, 289c–6, 289l to 289l–2, 289l–4, 4541, 4573, and 4585 of this title, and enacting provisions set out as notes under sections 241, 286b, 286f, 289a, and 289l–1 of this title] may be cited as the ‘Biomedical Research and Research Training Amendments of 1978’.”

Pub. L. 95–559, §1(a), Nov. 1, 1978, 92 Stat. 2131, provided that: “This Act [enacting sections 300e–4a, 300e–16, and 300e–17 of this title, amending sections 300e, 300e–1, 300e–3, 300e–4, 300e–5, 300e–7, 300e–8, 300e–9, 300e–11 to 300e–13, 1320a–1, 1396a, and 1396b of this title, and enacting provisions set out as notes under sections 300e–3, 300e–4, 300e–16, and 1396a of this title] may be cited as the “Health Maintenance Organization Amendments of 1978’.”

Short Title of 1977 Amendments

Pub. L. 95–190, §1, Nov. 16, 1977, 91 Stat. 1393, provided that: “This Act [enacting sections 300j–10 and 7625a of this title, amending sections 300f, 300g–1, 300g–3, 300g–5, 300h, 300h–1, 300j to 300j–2, 300j–4, 300j–6, 300j–8, 7410, 7411, 7413, 7414, 7416, 7419, 7420, 7426, 7472 to 7475, 7478, 7479, 7502, 7503, 7506, 7521, 7522, 7525, 7541, 7545, 7549, 7602, 7604, 7607, 7623, and 7626 of this title, enacting provisions set out as notes under section 300f of this title, and section 5108 of Title 5, Government Organization and Employees, and amending provisions set out as notes under sections 300f, 7401, and 7502 of this title] may be cited as the ‘Safe Drinking Water Amendments of 1977’.”

Section 101 of title I of Pub. L. 95–83 provided that: “This title [amending this section and sections 242m, 300e–8, 300k–3, 300l to 300l–5, 300m, 300m–2, 300m–4, 300m–5, 300n–3, 300n–5, 300o–1 to 300o–3, 300p, 300p–3, 300q, 300q–2, 300r, 300s–3, 300t, and 1396b of this title, and enacting provisions set out as a note under section 1396b of this title] may be cited as the ‘Health Planning and Health Services Research and Statistics Extension Act of 1977’.”

Section 201 of title II of Pub. L. 95–83 provided that: “This title [amending sections 280b, 286b, 286c, 286d, 286f, 286g, 287c, 287d, 287f, 287h, 287i, and 289l–1 of this title] may be cited as the ‘Biomedical Research Extension Act of 1977’.”

Section 301 of title III of Pub. L. 95–83 provided that: “This title [enacting section 294y–1 of this title, amending sections 210, 246, 247d, 254c, 292g, 292h, 293a, 294d, 294e, 294h, 294i, 294j, 294n, 294r, 294s, 294w, 294z, 295f–1, 295g–1, 295g–9, 295h–5, 295h–5c, 296e, 296m, 297, 300, 300a–1, 300a–2, 300a–3, 300c–11, 300c–21, 300c–22, 701, 2689a to 2689e, 2689h, 2689p, 2689q, 4572, 4573, and 4577 of this title, sections 1101 and 1182 of Title 8, Aliens and Nationality, sections 1112 and 1176 of Title 21, Food and Drugs, and section 1614 of Title 25, Indians, enacting provisions set out as notes under sections 242b, 242l, 294d, 294i, 294n, 294r, 294t, 294y–1, 294z, 295f–1, 295g–1, 295h–5, and 296m of this title and sections 1101 and 1182 of Title 8, and amending provisions set out as notes under sections 289k–2, 1395x, and 1396b of this title] may be cited as the ‘Health Services Extension Act of 1977’.”

Short Title of 1976 Amendments

Pub. L. 94–573, §1(a), Oct. 21, 1976, 90 Stat. 2709, provided that: “This Act [enacting section 300d–21 of this title, amending sections 295f–6 and 300d to 300d–9 of this title, enacting provisions set out as notes under sections 242b, 300d, 300d–7, and 300d–9 of this title, and amending provisions set out as notes under sections 218, 289c–1, and 289l–1 of this title] may be cited as the ‘Emergency Medical Services Amendments of 1976’.”

Pub. L. 94–562, §1(a), Oct. 19, 1976, 90 Stat. 2645, provided that: “This Act [enacting sections 289c–3a, 289c–7, and 289c–8 of this title, amending sections 289c–2, 289c–5, and 289c–6 of this title, and enacting provisions set out as notes under sections 289a, 289c–3a, and 289c–7 of this title] may be cited as the ‘Arthritis, Diabetes, and Digestive Disease Amendments of 1976’.”

Section 1(a) of Pub. L. 94–484 provided that: “This Act [enacting sections 254 to 254k, 292, 292e to 292k, 294 to 294l, 294r to 294z, 294aa, 295f–1, 295g to 295g–8, 295g–10, 295h to 295h–2, and 295h–4 to 295h–7 of this title; renumbering sections 293d as 292a, 293e as 292b, 295h–8 as 292c, 295h–9 as 292d, 293g to 293i as 293d to 293f, 294 to 294c as 294m to 294p, 294e as 294q, 295f–5 as 295f–2, and 295f–6 as 295g–9 of this title; amending this section and sections 234, 244–1, 245a, 246, 247c, 254b, 263c, 292a to 292c, 293 to 293d, 293f, 294g, 294m to 294p, 295e–1 to 295e–4, 295f to 295f–4, 295g, 295g–11, 295g–23, 295h–1 to 295h–3, 297, 300a, 300d, 300d–7, 300f, 300l–1, 300n, and 300s–3 of this title and sections 1101 and 1182 of Title 8, Aliens and Nationality; repealing sections 234, 244–1, 245a, 254b, 292 to 292j, 293f, 294d, 294f, 294g, 295f–1, to 295f–4, 295g, 295g–1, 295g–11, and 295g–21 to 295g–23 of this title; omitting sections 295h to 295h–2, 295h–3a to 295h–3d, 295h–4, 295h–5, and 295h–7 of this title; and enacting provisions set out as notes under sections 254d, 292, 292b, 292h, 293, 293f, 294, 294n, 294o, 294q, 294r, 294t, 294z, 295g, 295g–1, 295g–9, 295g–10, 295h, 295h–4, and 300l–1 of this title and section 1182 of Title 8] may be cited as the ‘Health Professions Educational Assistance Act of 1976’.”

Pub. L. 94–460, §1(a), Oct. 8, 1976, 90 Stat. 1945, provided that: “This Act [enacting section 300e–15 of this title, amending sections 242c, 289k–2, 300e, 300e–1 to 300e–11, 300e–13, 300n–1, 1395x note, 1395mm, and 1396b of this title, section 8902 of Title 5, Government Organization and Employees, and section 360d of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 300e and 1396b of this title] may be cited as the ‘Health Maintenance Organization Amendments of 1976’.”

Pub. L. 94–380, §1, Aug. 12, 1976, 90 Stat. 1113, provided: “That this Act [amending section 247b of this title and enacting provisions set out as a note under section 247b of this title] may be cited as the ‘National Swine Flu Immunization Program of 1976’.”

Section 101 of title I of Pub. L. 94–317 provided that: “This title [enacting subchapter XV of this chapter] may be cited as the ‘National Consumer Health Information and Health Promotion Act of 1976’.”

Section 201 of title II of Pub. L. 94–317 provided that: “This title [amending sections 243, 247b, 247c, 4801, 4831, and 4841 to 4843 of this title and enacting provisions set out as notes under sections 247b and 247c of this title] may be cited as the ‘Disease Control Amendments of 1976’.”

Pub. L. 94–278, §1(a), Apr. 22, 1976, 90 Stat. 401, provided that: “This Act [enacting sections 217a–1, 289l–5, 300b, 300b–1 to 300b–5 of this title and sections 350 and 378 of Title 21, Food and Drugs, and amending sections 213e, 225a, 234, 241, 247d, 254c, 287, 287a to 287d, 287f to 287i, 289a, 289c–1, 289c–5, 289c–6, 289l–1, 289l–2, 294b, 295g–23, 300c–11, 300l, 300p–3, 300s–1, 6062 and 6064 of this title and sections 321, 333, 334 and 343 of Title 21, and enacting provisions set out as notes under sections 218, 287, 289c–1, 289c–2, 289l–1, 300b and 6001 of this title and sections 334 and 350 of Title 21] may be cited as the ‘Health Research and Health Services Amendment of 1976’.”

Pub. L. 94–278, title IV, §401, Apr. 22, 1976, 90 Stat. 407, provided that: “This title [enacting part A of subchapter IX of this chapter, omitting former Part B of of subchapter IX of this chapter relating to Cooley's Anemia Programs, redesignating former Parts C and D of subchapter IX of this chapter as Parts B and C of subchapter IX of this chapter, respectively, and amending section 300c–11 of this title] may be cited as the ‘National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act’.”

Pub. L. 94–278, title VI, §601, Apr. 22, 1976, 90 Stat. 413, provided that: “This title [amending sections 289a, 289c–1, 289c–5, and 289c–6 of this title and amending provisions set out as notes under section 289c–1 of this title] may be cited as the ‘National Arthritis Act Technical Amendments of 1976’.”

Short Title of 1975 Amendments

Pub. L. 94–63, title I, §101, July 29, 1975, 89 Stat. 304, provided that: “This title [amending section 246 of this title and enacting provisions set out as a note under section 246 of this title] may be cited as the ‘Special Health Revenue Sharing Act of 1975’.”

Pub. L. 94–63, title II, §201, July 29, 1975, 89 Stat. 306, provided that: “This title [enacting sections 300a–6a and 300a–8 of this title, amending sections 300, 300a–1 to 300a–4 of this title, and repealing section 3505c of this title] may be cited as the ‘Family Planning and Population Research Act of 1975’.”

Pub. L. 94–63, title IX, §901(a), July 29, 1975, 89 Stat. 354, provided that: “This title [enacting sections 296j to 296m and 298b–3 of this title, amending sections 296 to 296i, 297 to 297e, 297g to 297h, 298 to 298b–2, 298c, 298c–1 and 298c–7 of this title, repealing sections 296g, 296i, 297f, 298c–7, and 298c–8 of this title, and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 296m, 297, and 297b of this title and former section 297f of this title] may be cited as the ‘Nurse Training Act of 1975’.”

Pub. L. 93–641, §1, Jan. 4, 1975, 88 Stat. 2225, provided that: “This Act [enacting subchapter XIII of this chapter amending section 300e–4 of this title, repealing section 247a of this title, and enacting provisions set out as notes under sections 217a, 229, 291b, 300l–4, and 300m of this title] may be cited as the ‘National Health Planning and Resources Development Act of 1974’.”

Short Title of 1974 Amendments

Pub. L. 93–640, §1, Jan. 4, 1975, 88 Stat. 2217, provided that: “This Act [enacting sections 289c–4, 289c–5, and 289c–6 of this title, amending sections 289a and 289c–1 of this title, and enacting provisions set out as notes under section 289c–1 of this title] may be cited as the ‘National Arthritis Act of 1974’.”

Pub. L. 93–523, §1, Dec. 16, 1974, 88 Stat. 1660, as amended by Pub. L. 104–182, title V, §501(e), Aug. 6, 1996, 110 Stat. 1691, provided that: “This Act [enacting subchapter XII of this chapter and section 349 of Title 21, Food and Drugs, amending this section, and enacting provisions set out as a note under section 300f of this title] may be cited as the ‘Safe Drinking Water Act of 1974’.”

Pub. L. 93–354, §1, July 23, 1974, 88 Stat. 373, provided that: “This Act [enacting sections 289c–1a, 289c–2, and 289c–3 of this title, amending sections 247b and 289c–1 of this title, and enacting provisions set out as notes under section 289c–2 of this title] may be cited as the ‘National Diabetes Mellitus Research and Education Act’.”

Pub. L. 93–353, §1(a), July 23, 1974, 88 Stat. 362, provided that: “This Act [enacting sections 242k, 242m to 242o, and 253b of this title, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244–1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244–1, 245a, 280b, 280b–1, 280b–2, 280b–4, 280b–5, and 280b–7 to 280b–9, and repealing sections 242e, 244, 244a, 245, 247, 280b–3, and 280b–12 of this title, and enacting provisions set out as notes under sections 242m, 253b, and 280b of this title] may be cited as the ‘Health Services Research, Health Statistics, and Medical Libraries Act of 1974’.”

Pub. L. 93–353, title I, §101, July 23, 1974, 88 Stat. 362, provided that: “This title [enacting sections 242k, 242m to 242o, and 253b, renumbering former sections 242i, 242j, 242f, 242d, 242g, and 242h as sections 235, 236, 242l, 244–1, 245a, and 247d of this title, amending sections 236, 242b, 242c, 242l, 244–1, and 245a, repealing sections 242e, 244, 244a, 245, and 247 of this title, and enacting provisions set out as notes under sections 242m and 253b of this title] may be cited as the ‘Health Services Research and Evaluation and Health Statistics Act of 1974’.”

Pub. L. 93–352, title I, §101, July 23, 1974, 88 Stat. 358, provided that: “This title [enacting section 289l–4 of this title, amending sections 241, 282, 286a, 286b, 286c, 286d, 286g, and 289l of this title, enacting provisions set out as notes under sections 289l and 289l–1 of this title, and amending provisions set out as a note under this section] may be cited as the ‘National Cancer Act Amendments of 1974’.”

Pub. L. 93–348, title I, §1, July 12, 1974, 88 Stat. 342, provided that: “This Act [enacting sections 289l–1 to 289l–3 of this title, amending sections 218, 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c–1, 289g, 289k, and 300a–7 of this title, and enacting provisions set out as notes under sections 218, 241, 289l–1, and 289l–3 of this title] may be cited as the ‘National Research Act’.”

Pub. L. 93–348, title I, §101, July 12, 1974, 88 Stat. 342, provided that: “This title [enacting sections 289l–1 and 289l–2 and amending sections 241, 242a, 282, 286a, 286b, 287a, 287b, 287d, 288a, 289c, 289c–1, 289g, 289k, 295f–3, and 295h–9 of this title] may be cited as the ‘National Research Service Award Act of 1974’.”

Pub. L. 93–296, §1, May 31, 1974, 88 Stat. 184, provided that: “This Act [enacting Part H of subchapter III of this chapter and provisions set out as notes under section 289k–2 of this title] may be cited as the ‘Research on Aging Act of 1974’.”

Pub. L. 93–270, §1, Apr. 22, 1974, 88 Stat. 90, provided that: “This Act [enacting part B of subchapter IX of this chapter, amending sections 289d and 289g of this title, and enacting provisions set out as a note under section 289g of this title] may be cited as the ‘Sudden Infant Death Syndrome Act of 1974’.”

Short Title of 1973 Amendments

Pub. L. 93–222, §1, Dec. 29, 1973, 87 Stat. 914, provided in part that Pub. L. 93–222 [enacting subchapter XI of this chapter and section 280c of this title, amending section 2001 of this title and section 172 of Title 12, Bank and Banking, repealing section 763c of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under sections 300e and 300e–1 of this title, amending provisions set out as notes under this section, and repealing provisions set out as notes under this section and sections 211a, 212a, and 222 of this title] shall be cited as the “Health Maintenance Organization Act of 1973.”

Pub. L. 93–154, §1, Nov. 16, 1973, 87 Stat. 594, provided that: “This Act [enacting subchapter X of this chapter and section 295f–6 of this title, amending sections 295f–2 and 295f–4 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘Emergency Medical Services Systems Act of 1973’.”

Pub. L. 93–45, §1, June 18, 1973, 87 Stat. 91, provided that: “This Act [enacting section 300a–7 of this title, amending sections 242b, 242c, 244–1, 245a, 246, 280b–4, 280b–5 280b–7, 280b–8, 280b–9, 291a, 291j–1, 291j–5, 295h–1, 295h–2, 295h–3a, 299a, 300, 300a–1, 300a–2, 300a–3, 2661, 2671, 2677, 2681, 2687, 2688a, 2688d, 2688j–1, 2688j–2, 2688l, 2688l–1, 2688n–1, 2688o, and 2688u of this title, and enacting provisions set out as amendment to note provisions under this section] may be cited as the ‘Health Programs Extension Act of 1973’.”

Short Title of 1972 Amendments

Pub. L. 92–585, §1, Oct. 27, 1972, 86 Stat. 1290, provided that: “This Act [enacting section 234 of this title, amending sections 254b and 294a of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the ‘Emergency Health Personnel Act Amendments of 1972’.”

Pub. L. 92–449, §1, Sept. 30, 1972, 86 Stat. 748, provided that: “This Act [enacting section 247c of this title, amending sections 247b and 300 of this title, and enacting provisions set out as notes under section 247c of this title] may be cited as the ‘Communicable Disease Control Amendments Act of 1972’.”

Pub. L. 92–449, title II, §201, Sept. 30, 1972, 86 Stat. 750, provided that: “This title [enacting section 247c of this title and provisions set out as notes under section 247c of this title] may be cited as the ‘National Venereal Disease Prevention and Control Act’.”

Pub. L. 92–423, §1, Sept. 19, 1972, 86 Stat. 679, provided that: “This Act [enacting sections 287b to 287f and 287i of this title, amending sections 218, 241, 287, 287a, 287g, and 287h of this title, and enacting provisions set out as notes under section 287 of this title] may be cited as the ‘National Heart, Blood Vessel, Lung, and Blood Act of 1972’.”

Short Title of 1971 Amendments

Pub. L. 92–218, §1, Dec. 23, 1971, 85 Stat. 778, provided that: “This Act [enacting sections 286a to 286g and 289l of this title, amending sections 218, 241, 282, 283, and 284 of this title, and enacting provisions set out as notes under sections 281, 286, and 289l of this title] may be cited as ‘The National Cancer Act of 1971’.”

Pub. L. 92–158, §1(a), Nov. 18, 1971, 85 Stat. 465, provided that: “This Act [enacting sections 296h, 296i, 297i, 298b–1, and 298b–2 of this title, amending sections 296, 296a, 296b, 296c, 296d, 296e, 296f, 296g, 297, 297a, 297b, 297c, 297e, 297f, 298, 298b, 298c, and 298c–7 of this title and enacting provisions set out as notes under sections 296, 296a, 296d, 296e, 297b, and 298c of this title] may be cited as the ‘Nurse Training Act of 1971’.”

Pub. L. 92–157, title I, §101(a), Nov. 18, 1971, 85 Stat. 431, provided that: “This title [enacting sections 293i, 294g, 295e–1 to 295e–5, 295f–5, 295g–11, 295g–21 to 295g–23, and 3505d of this title, amending sections 210 to 218, 242i, 254, 276, 277, 280, 280a–1, 292b, 292d to 292f, 292h to 292j, 293 to 293e, 293g, 293h, 294 to 294f, 295f to 295f–4, 295g, 295g–1, 295h–3d, 295h–4, 295h–8, 295h–9, 1857c–6, 1857c–8, 1857f–6c, 1857h–5, and 2676 of this title and section 346a of Title 21, Food and Drugs, and enacting provisions set out as notes under section 295h–8 of this title] may be cited as the ‘Comprehensive Health Manpower Training Act of 1971’.”

Short Title of 1970 Amendments

Pub. L. 91–623, §1, Dec. 31, 1970, 84 Stat. 1868, provided: “That this Act [enacting sections 233 and 254b of this title] may be cited as the ‘Emergency Health Personnel Act of 1970’.”

Pub. L. 91–572, §1, Dec. 24. 1970, 84 Stat. 1504, provided that: “This Act [enacting sections 300 to 300a–6 and 3505a to 3505c of this title, amending sections 211a, 212a of this title and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 222, and 300 of this title] may be cited as the ‘Family Planning Services and Population Research Act of 1970’.”

Pub. L. 91–519, §1, Nov. 2, 1970, 84 Stat. 1342, provided that: “This Act [enacting sections 295h–3a to 295h–3d, 295h–8, and 296h–9 of this title, amending sections 295f–1, 295f–2, 295h to 295h–2, 295h–4, and 295h–7 of this title, repealing section 295h–3 of this title, and enacting provisions set out as notes under sections 295f–1, 295–f2, and 295h–4 of this title] may be cited as the ‘Health Training Improvement Act of 1970’.”

Pub. L. 91–515, title I, §101, Oct. 30, 1970, 84 Stat. 1297, provided that: “This title [amending sections 299 to 299g, 299i, and 299j of this title] may be cited as the ‘Heart Disease, Cancer, Stroke, and Kidney Disease Amendments of 1970’.”

Pub. L. 91–464, §1, Oct. 16, 1970, 84 Stat. 988, provided: “That this Act [amending section 247b of this title] may be cited as the ‘Communicable Disease Control Amendments of 1970’.”

Pub. L. 91–296, §1(a), June 30, 1970, 84 Stat. 336, provided that: “This Act [enacting sections 229b, 291j–1 to 291j–10, and 291o–1 of this title, amending sections 291a, 242b, 245a, 246, 291 note, 291b, 291c, 291d, 291e, 291f, 291i, 291k to 291m–1, 291o, and 299a of this title and section 1717 of Title 12, Banks and Banking, enacting provisions set out as notes under this section and sections 242, 245a, 246, 291a, 291b, 291c, 291e, 291f, 291o, 295h–6, and 2688p of this title, and repealing sections 295h–6 and 2688p of this title] may be cited as the ‘Medical Facilities Construction and Modernization Amendments of 1970’.”

Section 1 of Pub. L. 91–212 provided that: “This Act [enacting section 280b–12 of this title and amending this section and sections 276 to 278, 280, 280a–1, 280b, 280b–2 to 280b–9, and 280b–11 of this title] may be cited as the ‘Medical Library Assistance Extension Act of 1970’.”

Short Title of 1968 Amendments

Pub. L. 90–574, title IV, §401, Oct. 15, 1968, 82 Stat. 1011, provided that: “This title [amending sections 291a and 291b of this title] may be cited as the ‘Hospital and Medical Facilities Construction and Modernization Assistance Amendments of 1968’.”

Pub. L. 90–490, §1, Aug. 16, 1968, 82 Stat. 773, provided: “That this Act [enacting sections 294f, 295g–1, 295h–6, 295h–7, 296f, 296g, and 297h of this title, amending sections 242d, 242g, 292b to 292e, 293 to 293d, 294 to 294d, 295f to 295f–4, 295g, 295h to 295h–3, 296 to 296b, 296d, 296e, 297 to 297f, 298b, 298c, and 298c–1 of this title, omitting sections 298c–2 to 298c–6 of this title, and enacting provisions set out as notes under sections 292b, 292e, 293 to 293c, 294f, 295f, 295f–2, 295g, 296, 296d, 296f, and 297a of this title] may be cited as the ‘Health Manpower Act of 1968’.”

Short Title of 1967 Amendments

Pub. L. 90–174, §1, Dec. 5, 1967, 81 Stat. 533, provided: “That this Act [enacting sections 217b, 254a, 263a, and 291m–1 of this title, amending sections 241, 242, 242b, 243, 244, 246, 249, 251, 293e, 295h–4, and 296e of this title, repealing section 291n of this title, and enacting provisions set out as notes under this section and sections 242b, 242c, 246, 263a, and 296e of this title] may be cited as the ‘Partnership for Health Amendments of 1967’.”

Pub. L. 90–174, §5(c), Dec. 5, 1967, 81 Stat. 539, provided that: “This section [enacting section 263a of this title and provisions set out as notes under section 263a of this title] may be cited as the ‘Clinical Laboratories Improvement Act of 1967’.”

Pub. L. 90–31, §1, June 24, 1967, 81 Stat. 79, provided: “That this Act [enacting section 225a of this title and amending sections 2681, 2684, 2687, 2688a, 2688d, and 2691 of this title] may be cited as the ‘Mental Health Amendments of 1967’.”

Short Title of 1966 Amendments

Pub. L. 89–751, §1, Nov. 3, 1966, 80 Stat. 1222, provided: “That this Act [enacting sections 295h to 295h–5 and 298c to 298c–8 of this title, amending sections 292b, 294d, 294n to 294p, 296, 297c to 297f, and 298 of this title and section 1717 of Title 12, Banks and Banking, and enacting provisions set out as notes under sections 294, 294d, 297c, and 297f of this title] may be cited as the ‘Allied Health Professions Personnel Training Act of 1966’.”

Pub. L. 89–749, §1, Nov. 3, 1966, 80 Stat. 1180, provided: “That this Act [amending 243, 245a, and 246 of this title, repealing sections 247a and 247c of this title, and enacting provisions set out as notes under this section and sections 243 and 245a of this title] may be cited as the ‘Comprehensive Health Planning and Public Health Services Amendments of 1966’.”

Pub. L. 89–709, §1, Nov. 2, 1966, 80 Stat. 1103, provided: “That this Act [amending sections 293, 293a, 293d, 293e, 294, 294a, and 294b of this title] may be cited as the ‘Veterinary Medical Education Act of 1966’.”

Short Title of 1965 Amendments

Section 1 of Pub. L. 89–291, Oct. 22, 1965, 79 Stat. 1059, provided that: “This Act [enacting section 280a–1 of this title and Part J of subchapter II of this chapter and amending section 277 of this title] may be cited as the ‘Medical Library Assistance Act of 1965’.”

Pub. L. 89–290, §1, Oct. 22, 1965, 79 Stat. 1052, provided that: “This Act [enacting sections 295f to 295f–4 and 295g of this title and amending sections 293, 293a, 293d, 294 to 294d, 297b, and 298b of this title] may be cited as the ‘Health Professions Educational Assistance Amendments of 1965’.”

Pub. L. 89–239, §1, Oct. 6, 1965, 79 Stat. 926, provided: “That this Act [enacting sections 299 to 299i of this title, amending sections 211a and 212a of this title, sections 757, 790, 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters, and enacting provisions set out as notes under sections 201, 214, 222, and 249 of this title] may be cited as the ‘Heart Disease, Cancer, and Stroke Amendments of 1965’.”

Pub. L. 89–115, §1, Aug. 9, 1965, 79 Stat. 448, provided: “That this Act [amending sections 241, 292c, and 292d of this title and section 2211 of former Title 5, Executive Departments and Government Officers and Employees, and enacting section 623h of former Title 5 and provisions set out as a note thereunder] may be cited as the ‘Health Research Facilities Amendments of 1965’.”

Pub. L. 89–109, §1, Aug. 5, 1965, 79 Stat. 435, provided: “That this Act [amending sections 246, 247a, 247b, and 247d of this title] may be cited as the ‘Community Health Services Extension Amendments of 1965’.”

Short Title of 1964 Amendments

Pub. L. 88–581, §1, Sept. 4, 1964, 78 Stat. 908, provided: “That this Act [enacting subchapter VI of this chapter, amending sections 291c, 291o, 293, 293a, 293e, and 293h of this title, and enacting provisions set out as notes under sections 201, 211a, 212a, 222, 291c, 293, 293e, and 293h of this title, sections 757, 790, and 800 of former Title 5, Executive Departments and Government Officers and Employees, and section 763c of Title 33, Navigation and Navigable Waters] may be cited as the ‘Nurse Training Act of 1964’.”

Pub. L. 88–497, §1, Aug. 27, 1964, 78 Stat. 613, provided that: “This Act [amending sections 244–1 and 245a of this title] may be cited as the ‘Graduate Public Health Training Amendments of 1964’.”

Pub. L. 88–443, §1, Aug. 18, 1964, 78 Stat. 447, provided that: “This Act [enacting sections 247c, 291 to 291j, 291k to 291m, 291n, and 291o of this title and enacting provisions set out as notes under section 291 of this title] may be cited as the ‘Hospital and Medical Facilities Amendments of 1964’.”

Short Title of 1963 Amendment

Pub. L. 88–129, §1, Sept. 24, 1963, 77 Stat. 164, provided: “That this Act [enacting sections 292j, 293 to 293h, and 294 to 294e and amending sections 292 to 292b and 292d to 292i of this title] may be cited as the ‘Health Professions Educational Assistance Act of 1963’.”

Short Title of 1962 Amendment

Pub. L. 87–868, §1, Oct. 23, 1962, 76 Stat. 1155, provided that this Act [enacting section 247b of this title] may be cited as the “Vaccination Assistance Act of 1962.”

Short Title of 1961 Amendment

Pub. L. 87–395, §1, Oct. 5, 1961, 75 Stat. 824, provided: “That this Act [enacting section 247a of this title, amending sections 246, 289c, 291i, 291n, 291s, 291t, 291w, and 292c to 292g of this title, and enacting provisions set out as a note under section 291s of this title] may be cited as the ‘Community Health Services and Facilities Act of 1961’.”

Short Title of 1960 Amendment

Section 1 of Pub. L. 86–415, Apr. 8, 1960, 74 Stat. 32, provided: “That this Act [amending this section and sections 209, 210, 211, 212, 253, and 415 of this title and section 2251 of former Title 5, Executive Departments and Government Officers and Employees, and enacting provisions set out as notes under sections 209 and 212 of this title and section 2253 of former Title 5] may be cited as the ‘Public Health Service Commissioned Corps Personnel Act of 1960’.”

Short Title of 1956 Amendments

Section 2 of act Aug. 3, 1956, ch. 907, 70 Stat. 962, provided that: “This Act [enacting part I of subchapter II of this chapter] may be cited as the ‘National Library of Medicine Act’.”

Act July 3, 1956, ch. 510, §1, 70 Stat. 489, provided that: “This Act [enacting section 246 of this title, amended section 241 of this title, and enacting provisions set out as a note under section 246 of this title] may be cited as the ‘National Health Survey Act’.”

Short Title of 1955 Amendment

Joint Res. July 28, 1955, ch. 417, §1, 69 Stat. 382, provided that: “This joint resolution [enacting section 242b of this title and provisions set out as a note under section 242b of this title] may be cited as the ‘Mental Health Study Act of 1955’.”

Short Title of 1948 Amendments

Section 1 of act June 24, 1948, provided that: “This Act [enacting part C of subchapter III of this chapter and amending this section and sections 210, 218, and 241 of this title] may be cited as the ‘National Dental Research Act’.”

Section 1 of act June 16, 1948, provided that: “This Act [enacting sections 287 to 287c of this title and amending this section and sections 203, 206, 210, 218, 219, 241, 246, 281, 283, and 286 of this title] may be cited as the ‘National Heart Act’.”

Short Title of 1946 Amendment

Section 1 of act July 3, 1946, provided: “That this Act [enacting sections 232 and 242a of this title, amending this section and sections 209, 210, 215, 218, 219, 241, 244, and 246 of this title, and enacting provisions set out as a note under this section] may be cited as the ‘National Mental Health Act’.”

Short Title

Section 1 of act July 1, 1944, as amended by acts Aug. 13, 1946, ch. 958, §4, 60 Stat. 1049; July 30, 1956, ch. 779, §3(a), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88–581, §4(a), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(a), 79 Stat. 930; Dec. 24, 1970, Pub. L. 91–572, §6(a), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(a), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(1), 87 Stat. 604; Dec. 29, 1973, Pub. L. 93–222, §7(a), 87 Stat. 936, provided that: “This Act [enacting this chapter] may be cited as the ‘Public Health Service Act’.”

Section 329 of act July 1, 1944, formerly §310, as added by Pub. L. 87–692, Sept. 25, 1962, 76 Stat. 592, amended and renumbered, formerly classified to section 254b of this title, was popularly known as the “Migrant Health Act”.

Section 1400 of title XIV of act July 1, 1944, as added Aug. 6, 1996, Pub. L. 104–182, title V, §501(e), 110 Stat. 1691, provided that: “This title [enacting subchapter XII of this chapter] may be cited as the ‘Safe Drinking Water Act’.”

Renumbering and Repeal of Repealing Act

Section 1313, formerly §611, of act July 1, 1944, renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720; §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506, §1213 by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; §1313 by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, repealed and amended sections in this title and in Title 8, Aliens and Nationality, Title 14, Coast Guard, Title 21, Food and Drugs, Title 24, Hospitals and Asylums, former Title 31, Money and Finance, Title 33, Navigation and Navigable Waters, former Title 34, Navy, Title 44, Public Printing and Documents, former Title 46, Shipping, Title 48, Territories and Insular Possessions, and former Title 49, Transportation, and was itself repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

Savings Provision

Section 1314, formerly §612, of act July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; July 30, 1956, ch. 779, §3(b), 70 Stat. 720; Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91–572, §6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(2), 87 Stat. 604, provided that the repeal of statutes and parts of statutes by sections 1313, formerly §611, of act July 1, 1944, not affect any act done, right accruing or accrued, or suit or proceeding had or commenced in any civil cause before such repeal, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3, of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Congressional Declaration of Purpose for Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988

Pub. L. 100–690, title II, §2012, Nov. 18, 1988, 102 Stat. 4193, provided that: “The purposes of this subtitle [subtitle A (§§2011–2081) of title II of Pub. L. 100–690, see Tables for classification] with respect to substance abuse are—

“(1) to prevent the transmission of the etiologic agent for acquired immune deficiency syndrome by ensuring that treatment services for intravenous drug abuse are available to intravenous drug abusers;

“(2) to continue the Federal Government's partnership with the States in the development, maintenance, and improvement of community-based alcohol and drug abuse programs;

“(3) to provide financial and technical assistance to the States and communities in their efforts to develop and maintain a core of prevention services for the purpose of reducing the incidence of substance abuse and the demand for alcohol and drug abuse treatment;

“(4) to assist and encourage States in the initiation and expansion of prevention and treatment services to underserved populations;

“(5) to increase, to the greatest extent possible, the availability and quality of treatment services so that treatment on request may be provided to all individuals desiring to rid themselves of their substance abuse problem; and

“(6) to increase understanding about the extent of alcohol abuse and other forms of drug abuse by expanding data collection activities and supporting research on the comparative cost and efficacy of substance abuse prevention and treatment services.”

Purpose of Act July 3, 1946

Section 2 of act July 3, 1946, provided: “The purpose of this Act [see Short Title of 1946 Amendment note above] is the improvement of the mental health of the people of the United States through the conducting of researches, investigations, experiments, and demonstrations relating to the cause, diagnosis, and treatment of psychiatric disorders; assisting and fostering such research activities by public and private agencies, and promoting the coordination of all such researches and activities and the useful application of their results; training personnel in matters relating to mental health; and developing, and assisting States in the use of, the most effective methods of prevention, diagnosis, and treatment of psychiatric disorders.”

Existing Positions, Procedures, Regulations, Funds, Appropriations, and Property

Sections 1301 to 1303, formerly §§601 to 603, 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; Sept. 3, 1964, Pub. L. 88–581, §4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91–572, §6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(2), 87 Stat. 604, related to the effect of this chapter on existing positions, procedures, regulations, funds, appropriations, and property, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

Appropriations for Emergency Health and Sanitation Activities

Section 1304, formerly §604, 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; Sept. 4, 1964, Pub. L. 88–581, §4(b), 78 Stat. 919; Oct. 6, 1965, Pub. L. 89–239, §3(b), 79 Stat. 931; Dec. 24, 1970, Pub. L. 91–572, §6(b), 84 Stat. 1506; May 16, 1972, Pub. L. 92–294, §3(b), 86 Stat. 137; Nov. 16, 1973, Pub. L. 93–154, §2(b)(2), 87 Stat. 604, authorized annual appropriations during World War II and during period of demobilization to conduct health and sanitation activities in military, naval, or industrial areas, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936. Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of section 1004 of act July 1, 1944, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

Availability of Appropriations

Pub. L. 91–296, title VI, §601, June 30, 1970, 84 Stat. 353, as amended Pub. L. 93–45, title IV, §401(a), June 18, 1973, 87 Stat. 95; Pub. L. 93–352, title I, §113, July 23, 1974, 88 Stat. 360, provided that: “Notwithstanding any other provision of law, unless enacted after the enactment of this Act [June 30, 1970] expressly in limitation of the provisions of this section, funds appropriated for any fiscal year to carry out any program for which appropriations are authorized by the Public Health Service Act (Public Law 410, Seventy-eighth Congress, as amended) [this chapter] or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88–164, as amended) [sections 2689 et seq. and 6001 et seq. of this title] shall remain available for obligation and expenditure until the end of such fiscal year.”

Federal Accountability

Pub. L. 102–321, title II, §203(b), July 10, 1992, 106 Stat. 410, provided that: “Any rule or regulation of the Department of Health and Human Services that is inconsistent with the amendments made by this Act [see Tables for classification] shall not have any legal effect, including section 50(e) of part 96 of title 45, Code of Federal Regulations (45 CFR 96.50(e)).”

Hazardous Substances

Federal Hazardous Substances Act as not modifying this chapter, see Pub. L. 86–613, §18, July 12, 1960, 74 Stat. 380, set out as a note under section 1261 of Title 15, Commerce and Trade.

Definition of “Secretary”

Pub. L. 90–574, title V, §507, Oct. 15, 1968, 82 Stat. 1013, as amended by Pub. L. 96–88, title V, §509(b), 93 Stat. 695, provided that: “As used in the amendments made by this Act [enacting sections 229a, 299j, 2688e to 2688q, and 2697a of this title, amending sections 210g, 242h, 291a, 291b, 299a to 299e, 2693, and 3259 of this title, repealing section 3442 of this title, and enacting provisions set out as notes under sections 291a, 2688e, 3442 of this title, section 278 of Title 22, Foreign Relations and Intercourse, and section 3681 of Title 38, Veterans’ Benefits], the term ‘Secretary’ means the Secretary of Health and Human Services.”

Pub. L. 90–174, §15, Dec. 5, 1967, 81 Stat. 542, as amended by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, provided that: “As used in the amendments made by this Act [enacting sections 217b, 243(c), 251(b), 254a, 263a, and 291m–1 and amending sections 242b, 242g(c), 246(d)(1), (e), and 296e(c)(1) of this title] the term ‘Secretary’ means the Secretary of Health and Human Services.”

Section Referred to in Other Sections

This section is referred to in title 18 section 3672.

1 See References in Text note below.

Part A—Administration

§202. Administration and supervision of Service

The Public Health Service in the Department of Health and Human Services shall be administered by the Assistant Secretary for Health under the supervision and direction of the Secretary.

(July 1, 1944, ch. 373, title II, §201, 58 Stat. 683; 1953 Reorg. Plan No. 1, §§5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 103–43, title XX, §2008(f), June 10, 1993, 107 Stat. 212.)

Amendments

1993—Pub. L. 103–43 substituted “Health and Human Services” for “Health, Education, and Welfare” and “Assistant Secretary for Health” for “Surgeon General”.

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

International Health Administration

Ex. Ord. No. 10399, Sept. 27, 1952, 17 F.R. 8648, designated Surgeon General to perform certain duties under International Sanitary Regulations of World Health Organization.

REORGANIZATION PLAN NO. 3 OF 1966

Eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

PUBLIC HEALTH SERVICE

Section 1. Transfer of Functions

(a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary) all functions of the Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service.

(b) This section shall not apply to the functions vested by law in any advisory council, board, or committee of or in the Public Health Service which is established by law or is required by law to be established.

Sec. 2. Performance of Transferred Functions

The Secretary may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or agency of the Public Health Service or of the Department of Health, Education, and Welfare.

Sec. 3. Abolitions

(a) The following agencies of the Public Health Service are hereby abolished:

(1) The Bureau of Medical Services, including the office of Chief of the Bureau of Medical Services.

(2) The Bureau of State Services, including the office of Chief of the Bureau of State Services.

(3) The agency designated as the National Institutes of Health (42 U.S.C. 203), including the office of Director of the National Institutes of Health (42 U.S.C. 206(b)) but excluding the several research Institutes in the agency designated as the National Institutes of Health.

(4) The agency designated as the Office of the Surgeon General (42 U.S.C. 203(1)), together with the office held by the Deputy Surgeon General (42 U.S.C. 206(a)).

(b) The Secretary shall make such provisions as he shall deem necessary respecting the winding up of any outstanding affairs of the agencies abolished by the provisions of this section.

Sec. 4. Incidental Transfers

As he may deem necessary in order to carry out the provisions of this reorganization plan, the Secretary may from time to time effect transfers within the Department of Health, Education, and Welfare of any of the records, property, personnel and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Department which relate to functions affected by this reorganization plan.

[The Secretary and Department of Health, Education, and Welfare were redesignated the Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508.]

Message of the President

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization of health functions of the Department of Health, Education, and Welfare.

I

Today we face new challenges and unparalleled opportunities in the field of health. Building on the progress of the past several years, we have truly begun to match the achievements of our medicine to the needs of our people.

The task ahead is immense. As a nation, we will unceasingly pursue our research and learning, our training and building, our testing and treatment. But now our concern must also turn to the organization of our Federal health programs.

As citizens we are entitled to the very best health services our resources can provide.

As taxpayers, we demand the most efficient and economic health organizations that can be devised.

I ask the Congress to approve a reorganization plan to bring new strength to the administration of Federal health programs.

I propose a series of changes in the organization of the Public Health Service that will bring to all Americans a structure modern in design, more efficient in operation and better prepared to meet the great and growing needs of the future. Through such improvements we can achieve the full promise of the landmark health legislation enacted by the 89th Congress.

I do not propose these changes lightly. They follow a period of careful deliberation. For many months the Secretary of Health, Education, and Welfare, and the Surgeon General have consulted leading experts in the Nation—physicians, administrators, scientists, and public health specialists. They have confirmed my belief that modernization and reorganization of the Public Health Service are urgently required and long overdue.

II

The Public Health Service is an operating agency of the Department of Health, Education, and Welfare. It is the principal arm of the Federal Government in the field of health. Its programs are among those most vital to our well-being.

Since 1953 more than 50 new programs have been placed in the Public Health Service. Its budget over the past 12 years has increased tenfold—from $250 million to $2.4 billion.

Today the organization of the Public Health Service is clearly obsolete. The requirement that new and expanding programs be administered through an organizational structure established by law more than two decades ago stands as a major obstacle to the fulfillment of our Nation's health goals.

As presently constituted, the Public Health Service is composed of four major components:

National Institutes of Health.

Bureau of State Services.

Bureau of Medical Services.

Office of the Surgeon General.

Under present law, Public Health Service functions must be assigned only to these four components.

This structure was designed to provide separate administrative arrangements for health research, programs of State and local aid, health services, and executive staff resources. At a time when these functions could be neatly compartmentalized, the structure was adequate. But today the situation is different.

Under recent legislation many new programs provide for an integrated attack on specific disease problems or health hazards in the environment by combining health services, State and local aid, and research. Each new program of this type necessarily is assigned to one of the three operating components of the Public Health Service. Yet none of these components is intended to administer programs involving such a variety of approaches.

Our health problems are difficult enough without having them complicated by outmoded organizational arrangements.

But if we merely take the step of integrating the four agencies within the Public Health Service we will not go far enough. More is required.

III

The Department of Health, Education, and Welfare performs major health or health-related functions which are not carried out through the Public Health Service, although they are closely related to its functions. Among these are:

Health insurance for the aged, administered through the Social Security Administration;

Medical assistance for the needy, administered through the Welfare Administration;

Regulation of the manufacture, labeling, and distribution of drugs, carried out through the Food and Drug Administration; and

Grants-in-aid to States for vocational rehabilitation of the handicapped, administered by the Vocational Rehabilitation Administration.

Expenditures for health and health-related programs of the Department administered outside the Public Health Service have increased from $44 million in 1953 to an estimated $5.4 billion in 1967.

As the head of the Department, the Secretary of Health, Education, and Welfare is responsible for the Administration and coordination of all the Department's health functions. He has clear authority over the programs I have just mentioned.

But today he lacks this essential authority over the Public Health Service. The functions of that agency are vested in the Surgeon General and not in the Secretary.

This diffusion of responsibility is unsound and unwise.

To secure the highest possible level of health services for the American people the Secretary of Health, Education, and Welfare must be given the authority to establish—and modify as necessary—the organizational structure for Public Health Service programs.

He must also have the authority to coordinate health functions throughout the Department. The reorganization plan I propose will accomplish these purposes. It will provide the Secretary with the flexibility to create new and responsive organizational arrangements to keep pace with the changing and dynamic nature of our health programs.

My views in this respect follow a basic principle of good government set by the Hoover Commission in 1949 when it recommended that “the Department head should be given authority to determine the organization within his Department.”

IV

In summary, the reorganization plan would:

Transfer to the Secretary of Health, Education, and Welfare the functions now vested in the Surgeon General of the Public Health Service and in its various subordinate units (this transfer will not affect certain statutory advisory bodies such as the National Advisory Cancer and Heart Councils);

Abolish the four principal statutory components of the Public Health Service, including the offices held by their heads (the Bureau of Medical Services, the Bureau of State Services, the National Institutes of Health exclusive of its several research institutes such as the National Cancer and Heart Institutes, and the Office of the Surgeon General); and

Authorize the Secretary to assign the functions transferred to him by the plan to officials and entities of the Public Health Service and to other agencies of the Department as he deems appropriate.

Thus, the Secretary would be—

Enabled to assure that all health functions of the Department are carried out as effectively and economically as possible;

Given authority commensurate with his responsibility; and

Made responsible in fact for matters for which he is now, in any case, held accountable by the President, the Congress, and the people.

V

I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.

Should the reorganizations in the accompanying reorganization plan take effect, they will make possible more effective and efficient administration of the affected health programs. It is, however, not practicable at this time to itemize the reductions in expenditures which may result.

I strongly recommend that the Congress allow the reorganization plan to become effective.

Lyndon B. Johnson.      

The White House, April 25, 1966.

Executive Order No. 10506

Ex. Ord. No. 10506, Dec. 10, 1953, 18 F.R. 8219, which delegated certain functions of the President relating to the Public Health Service, was superseded by Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, set out below.

Ex. Ord. No. 11140. Delegation of Functions

Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the following-described functions vested in the President under the Public Health Service Act (58 Stat. 682), as amended [this chapter]:

(a) The authority under Section 203 (42 U.S.C. 204): to appoint commissioned officers of the Reserve Corps.

(b) The authority under Section 206(b) (42 U.S.C. 207(b)) to prescribe titles, appropriate to the several grades, for commissioned officers of the Public Health Service other than medical officers.

(c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2)) to terminate commissions of officers of the Reserve Corps without the consent of the officers concerned.

(d) The authority under Section 210(a), (k), and (l) (42 U.S.C. 211(a), (k), and (l)) to make or terminate temporary promotions of commissioned officers of the Regular Corps and Reserve Corps.

(e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5)) to approve voluntary retirements under that section.

(f) The authority to prescribe regulations under the following-designated Sections: 207(a), 207(b), 208(e), 210(a), 210(b), 210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a), 218(a), 219(a), and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a), 211(b), 211(d)(1), 211(h), 211(i), 211(j)(1), 211(k), 216(a), 218a(a), 210–1(a), and 228).

(g) The authority under Sections 321(a) and 364(a) (42 U.S.C. 248(a) and 267(a)) to approve the selection of suitable sites for and the establishment of additional institutions, hospitals, stations, grounds, and anchorages; subject, however, to the approval of the Director of the Office of Management and Budget, except as he may otherwise provide.

Sec. 2. The Surgeon General is hereby authorized and empowered, without the approval, ratification, or other action of the President, to perform the function vested in the President by Sections 203 and 207(a)(2) of the Public Health Service Act (58 Stat. 683, 685), as amended (42 U.S.C. 204 and 209(a)(2)), or otherwise, of accepting voluntary resignations of commissioned officers of the Regular Corps or the Reserve Corps.

Sec. 3. The Secretary of Health and Human Services is hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise the authority vested in the President by Section 704 of Title 37 of the United States Code to prescribe regulations.

Sec. 4. The Secretary of Health and Human Services is hereby authorized to redelegate all or any part of the functions set forth under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon General of the Public Health Service or other official of that Service who is required to be appointed by and with the advice and consent of the Senate.

Sec. 5. All actions heretofore taken by appropriate authority with respect to the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved with respect to such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order.

Sec. 6. As used in this order, the term “functions” embraces duties, powers, responsibilities, authority, or discretion, and the term “perform” may be construed to mean “exercise”.

Sec. 7. (a) Executive Order No. 10506 of December 10, 1953, entitled “Delegating Certain Functions of the President under the Public Health Service Act,” is hereby superseded.

(b) Executive Orders Nos. 9993 of August 31, 1948, 10031 of January 26, 1949, 10280 of August 16, 1951, 10354 of May 26, 1952, and 10497 of October 27, 1953, which prescribed regulations relating to commissioned officers and employees of the Public Health Service, are hereby revoked. Nothing in this subsection shall be deemed to alter or otherwise affect the regulations prescribed by the Surgeon General (42 CFR Parts 21 and 22) to replace the regulations prescribed by the orders described in the preceding sentence.

§203. Organization of Service

The Service shall consist of (1) the Office of the Surgeon General, (2) the National Institutes of Health, (3) the Bureau of Medical Services, and 1 (4) the Bureau of State Services, and 2 the Agency for Healthcare Research and Quality. The Secretary is authorized and directed to assign to the Office of the Surgeon General,3 to the National Institutes of Health, to the Bureau of Medical Services, and to the Bureau of State Services, respectively, the several functions of the Service, and to establish within them such divisions, sections, and other units as he may find necessary; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for efficient operation of the Service. No division shall be established, abolished, or transferred, and no divisions shall be consolidated, except with the approval of the Secretary. The National Institutes of Health shall be administered as a part of the field service. The Secretary may delegate to any officer or employee of the Service such of his powers and duties under this chapter, except the making of regulations, as he may deem necessary or expedient.

(July 1, 1944, ch. 373, title II, §202, 58 Stat. 683; 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; Pub. L. 103–43, title XX, §2008(g), June 10, 1993, 107 Stat. 212; Pub. L. 106–129, §2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

Amendments

1999—Pub. L. 106–129 substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”.

1993—Pub. L. 103–43, §2008(g)(2), inserted “, and the Agency for Health Care Policy and Research” in first sentence.

Pub. L. 103–43, §2008(g)(1), which directed the amendment of this section by striking “Surgeon General” the second and subsequent times that such term appears and inserting “Secretary”, was executed by making the substitution before “is authorized and directed” and before “may delegate to any officer” and by leaving unchanged “Surgeon General” in the phrase “assign to the Office of the Surgeon General” in second sentence, to reflect the probable intent of Congress.

1948—Act June 16, 1948, substituted “National Institutes of Health” for “National Institute of Health” in cl. (2).

Transfer of Functions

Bureau of Medical Services, Bureau of State Services, National Institutes of Health, excluding several research Institutes in agency, and Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and all functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare, and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Section Referred to in Other Sections

This section is referred to in section 238e of this title.

1 So in original. The “and” probably should not appear.

2 So in original. Probably should be followed by “(5)”.

3 See 1993 Amendment note below.

§204. Commissioned corps; composition; appointment of Regular and Reserve officers; appointment and status of warrant officers

There shall be in the Service a commissioned Regular Corps and, for the purpose of securing a reserve for duty in the Service in time of national emergency, a Reserve Corps. All commissioned officers shall be citizens and shall be appointed without regard to the civil-service laws and compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5. Commissioned officers of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him by and with the advice and consent of the Senate. Commissioned officers of the Reserve Corps shall at all times be subject to call to active duty by the Surgeon General, including active duty for the purpose of training and active duty for the purpose of determining their fitness for appointment in the Regular Corps. Warrant officers may be appointed to the Service for the purpose of providing support to the health and delivery systems maintained by the Service and any warrant officer appointed to the Service shall be considered for purposes of this chapter and title 37 to be a commissioned officer within the commissioned corps of the Service.

(July 1, 1944, ch. 373, title II, §203, 58 Stat. 683; Feb. 28, 1948, ch. 83, §2, 62 Stat. 39; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Pub. L. 96–76, title III, §302(a), Sept. 29, 1979, 93 Stat. 584.)

References in Text

The civil-service laws, referred to in text, are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Codification

“Chapter 51 and subchapter III of chapter 53 of title 5” substituted in text for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1979—Pub. L. 96–76 inserted provisions relating to appointment and status of warrant officers.

1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.

1948—Act Feb. 28, 1948, struck out provision that all active service in Reserve Corps, as well as service in Regular Corps, shall be credited for purpose of promotion in Regular Corps.

Repeals

Act Oct. 28, 1949, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Osteopaths as Reserve Officers

Section 709 of act July 1, 1944, formerly §609, renumbered §709 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049, which provided for appointment of osteopaths as reserve officers until six months after World War II, was repealed by Joint Res. July 25, 1947, ch. 327, §1, 61 Stat. 449.

§205. Appointment and tenure of office of Surgeon General; reversion in rank

The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the advice and consent of the Senate. The Surgeon General shall be appointed from individuals who (1) are members of the Regular Corps, and (2) have specialized training or significant experience in public health programs. Upon the expiration of such term the Surgeon General, unless reappointed, shall revert to the grade and number in the Regular or Reserve Corps that he would have occupied had he not served as Surgeon General.

(July 1, 1944, ch. 373, title II, §204, 58 Stat. 684; Pub. L. 97–25, title III, §303(a), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, §2765(b), Aug. 13, 1981, 95 Stat. 932.)

Amendments

1981—Pub. L. 97–35 inserted reference to Reserve Corps and substituted provisions relating to appointment of an individual from the Regular Corps and with specialized training and significant experience, for provisions relating to appointment of an individual sixty-four years of age or older.

Pub. L. 97–25 inserted provision that the President may appoint to office of Surgeon General an individual who is sixty-four years of age or older.

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in section 209 of this title.

§206. Assignment of officers

(a) Deputy Surgeon General

The Surgeon General shall assign one commissioned officer from the Regular Corps to administer the Office of the Surgeon General, to act as Surgeon General during the absence or disability of the Surgeon General or in the event of a vacancy in that office, and to perform such other duties as the Surgeon General may prescribe, and while so assigned he shall have the title of Deputy Surgeon General.

(b) Assistant Surgeons General

The Surgeon General shall assign eight commissioned officers from the Regular Corps to be, respectively, the Director of the National Institutes of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical Officer of the United States Coast Guard, the Chief Dental Officer of the Service, the Chief Nurse Officer of the Service, the Chief Pharmacist Officer of the Service, and the Chief Sanitary Engineering Officer of the Service, and while so serving they shall each have the title of Assistant Surgeon General.

(c) Creation of temporary positions as Assistant Surgeons General

(1) The Surgeon General, with the approval of the Secretary, is authorized to create special temporary positions in the grade of Assistant Surgeons General when necessary for the proper staffing of the Service. The Surgeon General may assign officers of either the Regular Corps or the Reserve Corps to any such temporary position, and while so serving they shall each have the title of Assistant Surgeon General.

(2) Except as provided in this paragraph, the number of special temporary positions created by the Surgeon General under paragraph (1) shall not on any day exceed 1 per centum of the highest number, during the ninety days preceding such day, of officers of the Regular Corps on active duty and officers of the Reserve Corps on active duty for more than thirty days. If on any day the number of such special temporary positions exceeds such 1 per centum limitation, for a period of not more than one year after such day, the number of such special temporary positions shall be reduced for purposes of complying with such 1 per centum limitation only by the resignation, retirement, death, or transfer to a position of a lower grade, of any officer holding any such temporary position.

(d) Designation of Assistant Surgeon General with respect to absence, disability, or vacancy in offices of Surgeon General and Deputy Surgeon General

The Surgeon General shall designate the Assistant Surgeon General who shall serve as Surgeon General in case of absence or disability, or vacancy in the offices, of both the Surgeon General and the Deputy Surgeon General.

(July 1, 1944, ch. 373, title II, §205, 58 Stat. 684; Feb. 28, 1948, ch. 83, §3, 62 Stat. 39; 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; Pub. L. 96–76, title III, §§302(b), 303, Sept. 29, 1979, 93 Stat. 584.)

Amendments

1979—Subsec. (b). Pub. L. 96–76, §302(b), inserted provisions relating to assignment of Chief Nurse Officer and Chief Pharmacist Officer, and substituted “eight” for “six”.

Subsec. (c). Pub. L. 96–76, §303, designated existing provisions as par. (1), struck out provisions relating to maximum number of special temporary positions, and added par. (2).

1948—Subsec. (b). Act June 16, 1948, substituted “National Institutes of Health” for “National Institute of Health”.

Subsecs. (c), (d). Act Feb. 28, 1948, added subsec. (c) and redesignated former subsec. (c) as (d).

Effective Date of 1979 Amendment

Section 314 of Pub. L. 96–76 provided that: “The amendments made by sections 303, 304, 305, 306, 307, and 313 [amending this section, sections 207, 209, 210b, and 211 of this title, and sections 201, 415, and 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall take effect on October 1, 1979.”

Transfer of Functions

Office of Surgeon General, together with office held by Deputy Surgeon General, Bureau of Medical Services, including office of Chief of Bureau of Medical Services, Bureau of State Services, including office of Chief of Bureau of State Services, and National Institutes of Health, including office of Director of National Institutes of Health, abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare, by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Section Referred to in Other Sections

This section is referred to in sections 207, 210b of this title.

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

(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.

(f) Exception to maximum number limitations for officers assigned to Department of Defense

In computing the maximum number of commissioned officers of the Public Health Service authorized by law or administrative determination to serve on active duty, there may be excluded from such computation officers who are assigned to duty in the Department of Defense.

(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; Pub. L. 87–649, §11(1), Sept. 7, 1962, 76 Stat. 497; Pub. L. 95–215, §8(b), Dec. 19, 1977, 91 Stat. 1507; Pub. L. 96–76, title III, §304, Sept. 29, 1979, 93 Stat. 584; Pub. L. 99–117, §9, Oct. 7, 1985, 99 Stat. 494; Pub. L. 101–93, §5(p), Aug. 16, 1989, 103 Stat. 614; Pub. L. 101–502, §5(k)(1), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 104–201, div. A, title V, §582, Sept. 23, 1996, 110 Stat. 2538.)

Amendments

1996—Subsec. (f). Pub. L. 104–201 added subsec. (f).

1990—Subsec. (a). Pub. L. 101–502 inserted after first sentence “During the period of appointment to the position of Assistant Secretary for Health, a commissioned officer of the Public Health Service shall have the grade corresponding to the grade of General of the Army.”

1989—Subsec. (e). Pub. L. 101–93, which directed the substitution of “the Department of Defense” for “the office of Assistant Secretary of Defense for Health Affairs”, was executed by making the substitution for “the office of the Assistant Secretary of Defense for Health Affairs” as the probable intent of Congress.

1985—Subsec. (e). Pub. L. 99–117 added subsec. (e).

1979—Subsec. (a). Pub. L. 96–76, §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).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–502 effective Dec. 1, 1990, see section 5(k)(3) of Pub. L. 101–502, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Transfer of Functions

Office of Surgeon General, together with office held by Deputy Surgeon General, abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Section Referred to in Other Sections

This section is referred to in section 210b of this title.

§208. Repealed. Feb. 28, 1948, ch. 83, §5(a), 62 Stat. 40

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.

§209. Appointment of personnel

(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; Pub. L. 86–415, §§2, 3, Apr. 8, 1960, 74 Stat. 32; Pub. L. 96–76, title III, §305, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXVII, §2765(c), Aug. 13, 1981, 95 Stat. 933; Pub. L. 97–414, §8(a), Jan. 4, 1983, 96 Stat. 2060.)

References in Text

The civil-service laws, referred to in subsecs. (f), (g), and (i), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Codification

In subsec. (f), the words “and their compensation may be fixed without regard to the Classification Act of 1923, as amended”, and in subsec. (g), the words “and compensated without regard to the Classification Act of 1923, as amended” were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in subsecs. (f) and (g) because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, §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.

Prior Provisions

A prior section 207 of act July 1, 1944, was classified to section 208 of this title, prior to repeal by act Feb. 28, 1948, ch. 83, §5(a), 62 Stat. 40.

Amendments

1983—Subsec. (a)(1). Pub. L. 97–414 inserted “psychology,” after “pharmacy,”.

1981—Subsec. (b)(1). Pub. L. 97–35 inserted provisions relating to exception for an appointment under section 205 of this title.

1979—Subsec. (a)(1). Pub. L. 96–76 inserted applicability to warrant officers and chief warrant officers.

1960—Subsec. (a)(3). Pub. L. 86–415, §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).

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Effective Date of 1960 Amendment

Section 8(a) of Pub. L. 86–415 provided that: “The amendments made by sections 2 and 5(b) [amending this section and section 210 of this title] shall become effective July 1, 1960.”

Effective Date of 1949 Amendment

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services and Surgeon General, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Term of Reserve Commissions in Effect on April 27, 1956

Section 3(c)(2) of act Apr. 27, 1956, provided that: “The enactment of paragraph (1) of this subsection [amending subsec. (a)(2) of this section] shall not affect the term of the commission of any officer in the Reserve Corps in effect on the date of such enactment [Apr. 27, 1956] unless such officer consents in writing to the extension of his commission for an indefinite period, in which event his commission shall be so extended without the necessity of a new appointment.”

Section Referred to in Other Sections

This section is referred to in sections 210, 210b of this title; title 10 section 2130a.

§§209a, 209b. Omitted

Codification

Section 209a, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 856, which related to number of regular commissioned nurses to be appointed, their grades, and their length of service for purposes of pay and pay periods, was not repeated in subsequent appropriation acts.

Section 209b, act Dec. 22, 1944, ch. 660, title I, 58 Stat. 857, which authorized appointment of fifty additional regular commissioned officers of which twenty-four were to be in grades above that of senior assistant, was not repeated in subsequent appropriation acts.

§209c. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499

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.

§209d. Appointment of osteopaths as commissioned officers

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.)

References in Text

This Act, referred to in text, is act Feb. 28, 1948, ch. 83, 62 Stat. 38. For complete classification of this Act to the Code, see Tables.

Codification

Section was not enacted as a part of the Public Health Service Act which comprises this chapter.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

§210. Pay and allowances

(a) Commissioned officers of Regular and Reserve Corps; special pay for active duty; incentive special pay for Public Health Service nurses

(1) Commissioned officers of the Regular and Reserve Corps shall be entitled to receive such pay and allowances as are now or may hereafter be authorized by law.

(2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active duty, see section 303a(b) of title 37.

(b) Purchase of supplies

Commissioned officers on active duty and retired officers entitled to retired pay pursuant to section 211(g)(3), 212, or 213a(a) of this title, shall be permitted to purchase supplies from the Army, Navy, Air Force, and Marine Corps at the same price as is charged officers thereof.

(c) Members of national advisory or review councils or committees

Members of the National Advisory Health Council and members of other national advisory or review councils or committees established under this chapter, including members of the Technical Electronic Product Radiation Safety Standards Committee and the Board of Regents of the National Library of Medicine, but excluding ex officio members, while attending conferences or meetings of their respective councils or committees or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at rates to be fixed by the Secretary, but at rates not exceeding the daily equivalent of the rate specified at the time of such service for grade GS–18 of the General Schedule, including traveltime; and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently.

(d) Field employees

Field employees of the Service, except those employed on a per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular part-time employment, may be paid annual compensation for such part-time duty and, in addition, such fees for such other services as the Surgeon General may determine; but in no case shall the total paid to any such employee for any fiscal year exceed the amount of the minimum annual salary rate of the classification grade of the employee.

(e) Additional pay for service at Gillis W. Long Hansen's Disease Center

Any civilian employee of the Service who is employed at the Gillis W. Long Hansen's Disease Center on April 7, 1986, shall be entitled to receive, in addition to any compensation to which the employee may otherwise be entitled and for so long as the employee remains employed at the Center, an amount equal to one-fourth of such compensation.

(f) Allowances included in fellowships

Individuals appointed under section 209(g) of this title shall have included in their fellowships such stipends or allowances, including travel and subsistence expenses, as the Surgeon General may deem necessary to procure qualified fellows.

(g) Positions in professional, scientific and executive service; compensation; appointment

The Secretary is authorized to establish and fix the compensation for, within the Public Health Service, not more than one hundred and seventy-nine positions, of which not less than one hundred and fifteen shall be for the National Institutes of Health, not less than five shall be for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism, not less than ten shall be for the National Center for Health Services Research, not less than twelve shall be for the National Center for Health Statistics, and not less than seven shall be for the National Center for Health Care Technology, in the professional, scientific, and executive service, each position being established to effectuate those research and development activities of the Public Health Service which require the services of specially qualified scientific, professional and administrative personnel: Provided, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule nor more than (1) the highest rate of grade 18 of the General Schedule, or (2) in the case of two such positions, the rate specified, at the time the service in the position is performed, for level II of the Executive Schedule (5 U.S.C. 5313); and such rates of compensation for all positions included in this proviso shall be subject to the approval of the Director of the Office of Personnel Management. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but appointments to such positions shall be made without competitive examination upon approval of the proposed appointee's qualifications by the Director of the Office of Personnel Management or such officers or agents as it may designate for this purpose.

(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; Pub. L. 85–462, §12(e), June 20, 1958, 72 Stat. 214; Pub. L. 85–929, §9, Sept. 6, 1958, 72 Stat. 1789; Pub. L. 86–415, §5(b), Apr. 8, 1960, 74 Stat. 34; Pub. L. 86–703, title II, §201, Sept. 2, 1960, 74 Stat. 764; Pub. L. 87–649, §§11(3), 14b, Sept. 7, 1962, 76 Stat. 497, 499; Pub. L. 87–793, §1001(d), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, §305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 90–574, title V, §501, Oct. 15, 1968, 82 Stat. 1012; Pub. L. 91–515, title VI, §601(b)(1), Oct. 30, 1970, 84 Stat. 1310; Pub. L. 92–157, title III, §301(a), Nov. 18, 1971, 85 Stat. 463; Pub. L. 95–83, title III, §312, Aug. 1, 1977, 91 Stat. 398; Pub. L. 95–623, §11(a), Nov. 9, 1978, 92 Stat. 3455; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–32, §7(g), July 10, 1979, 93 Stat. 84; Pub. L. 96–398, title VIII, §805, Oct. 7, 1980, 94 Stat. 1608; Pub. L. 99–117, §3(a), Oct. 7, 1985, 99 Stat. 491; Pub. L. 99–272, title XVII, §17002(a)(1), (b), Apr. 7, 1986, 100 Stat. 359; Pub. L. 100–607, title VII, §706, Nov. 4, 1988, 102 Stat. 3159; Pub. L. 106–398, §1 [[div. A], title VI, §634(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–159.)

References in Text

Classified civil service, referred to in subsec. (g), as meaning “competitive service”, see section 2102(c) of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 208 of act July 1, 1944, was renumbered section 207 and is classified to section 209 of this title.

Amendments

2000—Subsec. (a)(2). Pub. L. 106–398 added par. (2) and struck out former par. (2) which read as follows:

“(2)(A) Except as provided in subparagraph (B), commissioned medical and dental officers in the Regular and Reserve Corps shall while on active duty be paid special pay in the same amounts as, and under the same terms and conditions which apply to, the special pay now or hereafter paid to commissioned medical and dental officers of the Armed Forces under chapter 5 of title 37.

“(B) A commissioned medical officer in the Regular or Reserve Corps (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of title 37 for any period during which the officer is providing obligated service under (i) section 254m of this title, (ii) section 234(e) of this title (as such section was in effect prior to October 1, 1977), or (iii) section 294u of this title (as such section was in effect between October 1, 1977, and August 13, 1981).”

Subsec. (a)(3). Pub. L. 106–398, §1 [[div. A], title VI, §634(b)(1)], struck out par. (3) which read as follows: “Commissioned nurse officers in the Regular and Reserve Corps shall, while in active duty, be paid incentive special pay in the same amounts as, and under the same terms and conditions which apply to, the incentive special pay now or hereafter paid to commissioned nurse officers of the Armed Forces under chapter 5 of title 37.”

1988—Subsec. (a)(3). Pub. L. 100–607 added par. (3).

1986—Subsec. (a)(2)(B). Pub. L. 99–272, §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”.

Effective Date of 1986 Amendment

Section 17002(a)(2) of Pub. L. 99–272 provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of October 7, 1985.”

Effective Date of 1985 Amendment

Section 3(b) of Pub. L. 99–117 provided that: “The amendment made by subsection (a) [amending this section] shall not diminish any benefits under an agreement entered into before the date of enactment of this Act [Oct. 7, 1985] by a commissioned medical officer in the Regular Corps or the Reserve Corps of the Public Health Service.”

Effective Date of 1962 Amendments

Amendment by Pub. L. 87–793 effective first day of first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87–793.

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–415 effective July 1, 1960, see section 8(a) of Pub. L. 86–415, set out as a note under section 209 of this title.

Effective Date of 1958 Amendments

Amendment by Pub. L. 85–929 effective Sept. 6, 1958, see section 6(a) of Pub. L. 85–929, set out as a note under section 342 of Title 21, Food and Drugs.

Amendment by Pub. L. 85–462 effective June 20, 1958, see section 17(b) of Pub. L. 85–462.

Effective Date of 1956 Amendment

Amendment by act July 31, 1956, effective at beginning of first pay period commencing after June 30, 1956, see section 120 of act July 31, 1956.

Effective Date of 1950 Amendment

Section 3(a) of act Aug. 9, 1950, provided that: “Sections 1 and 2 of this Act [amending this section and enacting section 210–1 of this title] shall become effective on July 1, 1950.”

Effective Date of 1949 Amendment

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949.

Repeals

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.

Transfer of Functions

“Director of the Office of Personnel Management” substituted for “Civil Service Commission” in subsec. (g) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, eff. Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Termination of Advisory Committees

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 Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Maximum Pay and Allowances for Specific Fiscal Years

Pub. L. 100–436, title II, §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.

Nurses and Allied Health Professionals

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.”

Section Referred to in Other Sections

This section is referred to in sections 217a, 242k, 286b–2, 289 of this title; title 21 section 360kk.

§210–1. Annual and sick leave

(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; amended Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499; Pub. L. 96–76, title III, §311, Sept. 29, 1979, 93 Stat. 586.)

Partial Repeal of Subsection (d)

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.

Amendments

1979—Subsec. (c). Pub. L. 96–76, repealed subsec. (c) which set forth limitations on granting of annual leave under subsec. (a) of this section.

1962—Subsec. (b). Pub. L. 87–649 repealed subsec. (b) which required forfeiture of all pay and allowances of an officer absent without leave. See section 503 of Title 37, Pay and Allowances of the Uniformed Services.

Subsec. (c). Pub. L. 87–649 repealed last sentence which authorized a lump-sum payment for unused accumulated and accrued annual leave on date of separation, retirement, or release from active duty. See section 501 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date

Section effective July 1, 1950, see section 3(a) of act Aug. 9, 1950, set out as an Effective Date of 1950 Amendment note under section 210 of this title.

Transfer of Functions

Functions of Public Health Service, of Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Compensation for Prior Accumulated and Accrued Leave; Limitation; Inapplicable to Officers on Terminal Leave Prior to July 1, 1950

Section 3(b), (c) of act Aug. 9, 1950, provided that any officer credited with more than sixty days of accumulated and accrued leave on June 30, 1949, be compensated for so much of such leave as exceeds sixty days, that such compensation be due and payable on July 1, 1950, and that the provisions of this Act not apply to any officer on terminal leave preceding separation, retirement, or release from active duty.

Availability of Funds

Section 4 of act Aug. 9, 1950, provided for the availability of funds for payment of compensation for prior accumulated and accrued leave for any officer under section 3 of this Act.

Leave Regulations

Section 5 of act Aug. 9, 1950, provided that: “Except insofar as the provisions of this Act [enacting this section, amending section 210 of this title, and enacting provisions set out as notes under this section and section 210 of this title] are inconsistent therewith, leave regulations adopted prior to the enactment of this Act [Aug. 9, 1950], pursuant to the Public Health Service Act [this chapter], shall remain in effect until repealed, amended, or superseded.”

§210a. Repealed. Pub. L. 87–649, §14b, Sept. 7, 1962, 76 Stat. 499

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.

§210b. Professional categories

(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; amended 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–76, title III, §306, Sept. 29, 1979, 93 Stat. 585.)

Prior Provisions

A prior section 209 of act July 1, 1944, was renumbered section 208 and is classified to section 210 of this title.

Amendments

1979—Subsec. (c). Pub. L. 96–76 substituted “warrant officer (W–1)” for “assistant”.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Section Referred to in Other Sections

This section is referred to in section 211 of this title.

§211. Promotion of commissioned officers

(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 21/2 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; Pub. L. 86–415, §5(c), Apr. 8, 1960, 74 Stat. 34; Pub. L. 87–649, §11(2), Sept. 7, 1962, 76 Stat. 497; Pub. L. 96–76, title III, §307, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96–342, title VIII, §813(h)(1), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 99–348, title II, §207(a), July 1, 1986, 100 Stat. 701.)

Codification

In subsec. (m), “section 3332 of title 5” substituted for “the Act of December 11, 1926, as amended (5 U.S.C. 21a)” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1986—Subsec. (g)(3). Pub. L. 99–348 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 21/2 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, 21/2 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).

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1949 Amendment

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Section Referred to in Other Sections

This section is referred to in sections 210, 212 of this title; title 10 section 1406.

§211a. Repealed. Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936

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; 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.

§211b. Repealed. Pub. L. 94–412, title V, §501(f), Sept. 14, 1976, 90 Stat. 1258

Section, act Feb. 28, 1948, ch. 83, §6(b)–(f), 62 Stat. 45, dealt with promotion of Public Health Service officers.

Savings Provision

Repeal not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National Defense.

§211c. Promotion credit for medical officers in assistant grade

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.)

References in Text

For “the effective date of this section”, referred to in text, see section 7 of act Apr. 30, 1956, which provided in part that this section shall become effective the first day of the month following the day of enactment, Apr. 30, 1956.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

§212. Retirement of commissioned officers

(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 21/2 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; Pub. L. 86–415, §4, Apr. 8, 1960, 74 Stat. 33; Pub. L. 91–253, §1, May 14, 1970, 84 Stat. 216; Pub. L. 96–76, title III, §308, Sept. 29, 1979, 93 Stat. 585; Pub. L. 96–342, title VIII, §813(h)(2), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 97–25, title III, §303(b), July 27, 1981, 95 Stat. 145; Pub. L. 97–35, title XXVII, §2765(a), Aug. 13, 1981, 95 Stat. 932; Pub. L. 98–94, title IX, §§922(d), 923(f), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, §207(b), July 1, 1986, 100 Stat. 702; Pub. L. 101–509, title V, §529 [title III, §304(b)], Nov. 5, 1990, 104 Stat. 1427, 1464.)

Codification

In subsec. (a)(4), “subchapter III of chapter 83 of title 5” substituted for “the Civil Service Retirement Act” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1990—Subsec. (d)(4). Pub. L. 101–509 added par. (4).

1986—Subsec. (a)(6). Pub. L. 99–348 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “In computing retired pay under paragraph (4) or (5) in the case of any commissioned officer who first became a member of a uniformed service on or after September 8, 1980, the monthly retired pay base computed under section 1407(h) of title 10 shall be used in lieu of using the basic pay of the highest grade held by him as such officer.”

1983—Subsec. (a)(7). Pub. L. 98–94, §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).

Change of Name

Senior Biomedical Research Service changed to Silvio O. Conte Senior Biomedical Research Service by Pub. L. 103–43, title XX, §2001, June 10, 1993, 107 Stat. 208. See section 237 of this title.

Effective Date of 1990 Amendment

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].”

Effective Date of 1983 Amendment

Amendment by section 922(d) of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces.

Amendment by section 923(f) of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10.

Effective Date of 1970 Amendment

Section 2 of Pub. L. 91–253 provided that: “The amendments made by this Act [amending this section] shall apply in the case of retired pay for any period after the month in which this Act is enacted [May 1970].”

Effective Date of 1960 Amendment

Section 8(b) of Pub. L. 86–415 provided that: “The amendment made by section 4 [amending this section] shall become effective on the date of enactment of this Act [Apr. 8, 1960] in the case of commissioned officers of the Regular Corps of the Public Health Service, and on July 1, 1960, in the case of commissioned officers of the Reserve Corps of the Public Health Service.”

Effective Date of 1949 Amendment

Amendment by act Oct. 12, 1949, effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949.

Savings Provision

Section 8(c), (d) of Pub. L. 86–415 provided that:

“(c) An officer in the Regular Corps on active duty on the date of enactment of this Act [Apr. 8, 1960] may be retired and have his retired pay computed under section 211 of the Public Health Service Act, as amended by this Act [this section], or, if he so elects, under such section as in effect prior to the date of enactment of this Act [Apr. 8, 1960].